1.
The Bangladesh Citizenship (Temporary) Order 1972
2. Bangladesh Citizenship (Temporary) Rules 1978
3. The Bangladesh Passport Order, 1973
4. Bangladesh Passport Rules, 1974
5. The Passport Act, 1920
6. Passport Rules, 1955
7. The Passport (Offence) Act, 1952
8. The Emigration Ordinance, 1982
9. The Foreigners Act, 1946
10. The Foreigners Order, 1951
11. The Registration of Foreigners Act, 1939
12. The Registration of Foreigners Rules, 1966
13. The Bangladesh Control of Entry Act, 1952
14. Registration of Foreigners (Exemption) Order, 1966
15. The Emigration Rules 2002
16. Recruiting Agent’s Conduct and License Rules 2002
17. Women and Children Repression Prevention Act, 2000 (Act no. 8 of 2000)
Reference information:
1. The Penal Code 1860
2. The Bangladesh Citizenship (Temporary Provision) Order 1972 and Rules
1978;
3. The Passport Act 1920, Bangladesh Passport Order 1973 and Rules 1974;
4. The Passport (Offences) Act 1952;
5. The Emigration Ordinance 1982;
6. The Children Act 1974 and (Pledging of Labour) 1993; and
7. Oppression Against Women and Children Ordinance 2000.
The Bangladesh Passport Order, 1973 (President’s Orders No. 9
of 1973) [8th February, 1973]:
Relevant Articles
Article 3. No person shall depart or attempt to depart from Bangladesh
unless he holds a valid passport or travel document.
Article 11. Whoever.-
(a) contravenes the provisions of Article 3; or
(b) knowingly furnishes any false information or suppresses any material
fact with a view to obtaining a passport or travel document under this
Order or without lawful authority alters or attempts to alter of causes
to alter the entries made in a passport or travel document; or
(c) fails to produce for inspection his passport or travel document (whether
issued under this Order or not) when called upon to do so by the prescribed
authority; or
(d) knowingly uses a passport or travel document issued to another person;
or
(e) knowingly allows another person to use a passport or travel document
issued to him,
shall be punishable with imprisonment for a term which may extend to six
months, or with fine which may extend to Taka thousand, or with both.
(2) Whoever contravenes any condition of a passport or travel document
or any provision of this Order or any rule made thereunder for which no
punishment is provided elsewhere in this Order shall be punishable with
imprisonment for a term which may extend to three months, or with fine
which may extend to Taka five hundred, or with both. [For comments on
Art. 11 please see comments of Art. 7; ante.]
The procedure for arrest and charges are laid down in article 12:
Article 12. (1) Any Officer of customs empowered in this behalf by a general
or special order of the Government l[or any officer of the Bangladesh
Bureau of Anit-Corruption not below the rank of an Assistant Inspector
or any officer of police] not below the rank of a Sub-Inspector may search
any place and seize any passport or travel document from any person or
arrest such person without warrant if a reasonable suspicion exists that
he has committed any offence punishable under Article 11.
(2) The Provisions of the Code of Criminal Procedure, 1898 (Act V of 1898)
relating to search and seizure and arrest shall, so far as may be, apply
to search and seizure and arrest under this Article.
Articles mentioned in Section 7 relating to the impounding of passports.
Article 7. (2) The passport authority may impound or cause to
be impounded or revoke a passport or travel document-
(a) if the passport authority is satisfied that the holder of the passport
or travel document is in wrongful possession thereof;
(b) if the passport or travel document was obtained by suppression of
material facts;
(c) if the passport authority deems if necessary to do so in the interest
of sovereignty, integrity or security of Bangladesh, or in the public
interest.
(d) If the holder of the passport or travel document has, at any time
after the issue of the passport or travel document, been convicted by
a court in Bangladesh for any offence involving moral turpitude and sentenced
in respect thereof to imprisonment for not less than two years or if the
holder of the passport or travel document has been convicted under the
Bangladesh Collaborators (Special Tribunal) Order 1972 (P.O. No.8 1972);
(e) if an order has been passed by any court in Bangladesh prohibiting
the departure of the holder of the passport or travel document from Bangladesh
and requiring the passport authority to impound or cause to be impound
or revoke such passport or travel document:
(f) if any of the conditions or the passport or travel document has been
contravened;
(g) if the holder of passport or travel document has failed to comply
with a notice under clause (1) requiring him to deliver up the same.
Bangladesh Passport Rules, 1974, [August 21, 1974]
Relevant Section
Article 9. Issue of additional passport or travel document.-(1) Subject
to sub-rule (2), a person holding a passport or travel document shall
not be entitled to another passport or travel document unless he surrenders
the passport or travel document held by him.
The penal provision mentioned under the Bangladesh Passport Order 1973
will be applicable to this offence.
The Passport (Offences) Act, 1952 Act No. LVI of 1952 [14th December,
1952]
Relevant section:
Article 3. Penalties for certain offences relating to passport.-(1) Any
person who-
(a) makes, attests or verifies any statement which he does not know or
believe to be true in any document which he knows or has reason to think
will le used or obtaining a passport; or
(b) makes use of any statement which he knows or has reason to think to
be untrue in any document for obtaining a passport; or
(c) willfully conceals any fact which under the circumstances he ought
to disclose for the purpose obtaining a passport for himself or another
person; or
(d) forges, alters or tampers with any passport or with any document which
he knows or has reason to believe will be used for obtaining a passport;
or
(e) uses a passport which he knows or has reason or has reason to believe
be forged, altered or tampered with.
Or
(f) is in wrongful possession prejudicial to the interests of the State
of a passport not lawfully issued to him; or
(g) traffics in Passports;
shall be punished with imprisonment which may extend to two years or with
a fine, or with both. Explanation.-A person who bona fide works for an
applicant for a passport at the desire of the applicant though it may
be for a gain does not traffic in Passport within the meaning of this
section.
(2) No court shall take cognizance of any offence under this section except
with the previous sanction in writing of Government.
The Passport Act, 1920 Act no. XXXIV of 1920 [9th September, 1920]
Relevant Section
Article 3. Power to make rules.-(1) The Government may make rules requiring
that person entering Bangladesh shall be in possession of Passports, and
for all matters ancillary or incidental to that purpose.
(2) Without prejudice to the generality of the foregoing power such rules
may-
(a) prohibit the entry into 10[Bangladesh] or any part thereof of any
person who has not in his possession a passport issued to him;
(b) prescribe the authorities by whom Passports must have been issued
or renewed, and the conditions with which they must comply, for the purposes
of this Act; and
(c) provide for the exemption, either absolutely or non any condition,
of any person or class of persons from any provision of such rules.
(3) Rules made under this section may provide that any contravention thereof
or of any order issued under the authority of any such rule shall be punishable
with imprisonment for a term which may extend to three months, or with
fine or with both.
(4) All rules made under this section shall be published in the11 [Official
Gazette}, and shall thereupon have effect as if enacted in this Act.
Article 4. Power of Arrest. – (1) Any Officer of police, not below the
rank of a sub-inspector, and any officer of the Customs Department empowered
by a general or special order of the 12[Government] in this behalf may
arrest without warrant any person who has contravened or against whom
a reasonable suspicion exists that he has contravened any rule or order
made under section 3.
(2) Every officer making an arrest under this section shall, without unnecessary
delay, take or send the person arrested before a Magistrate having jurisdiction
in the case or to the officer in charge of the nearest police-station
and the provisions of section 61 of the Code of Criminal Procedure, 1898,
shall, so far as may be, apply in the case of any such arrest.
Article 5. Power of removal.-The 13[government] may, by general or special
order, director removal of any person from 14[Bangladesh] who, in contravention
of any rule made under section 3 prohibiting entry into 15[Bangladesh]
without passport, has entered therein, and thereupon any 16[Officer of
the Government] shall have all reasonable powers necessary to enforce
such direction.
Passport Rules, 1955
Relevant Section:
Article 3. Condition for entry into 3[Bangladesh].-Subject to the provisions
hereinafter contained, no person proceeding from any place outside 3[Bangladesh]
by sea or by air or by land unless he is in possession of a passport.
Article 4. Requirements of a valid passport.-Every such passport.-
(a) shall have been issued or renewed by or on behalf of the country of
which the person to whom it relates is a subject and shall be within the
period of its validity;
(b) shall, except in the case of Passports issued to pardahnashin women,
have affixed to it a photograph of the person to whom it relates, duly
authenticated by the issuing authority.
(c) When issued by or on behalf of Her Majesty’s Government in any part
of the Commonwealth, shall have been made valid for entry into Bangladesh
unless it is already endorsed as being valid for all commonwealth countries.
(d) when issued by or on behalf of the Government of a foreign country
shall have been endorsed by way of visa for 1[Bangladesh] by a Bangladesh
diplomatic, consular or passport authority, or, where there is no such
authority, by an authority authorized in this behalf by the 2[Government].
Such visa shall be of one of the following kinds namely;-
(i) a single journey visa valid for six months, or for such shorter period
as may be specified therein, for one journey only to 1[Bangladesh] or
any legitimate purpose specifying therein the period of stay in 1[Bangladesh]
not exceeding three months;
(ii)a transit visa valid for six months or for such shorter period as
may be specified therein (Provided that in no case shall it be valid for
a period exceeding the period for which the visa for the country of ultimate
destination is valid), for one or more direct journeys through 1[Bangladesh]
undertaken for the sole purpose of reaching the territory of a foreign
State or of a Commonwealth country and occupying in each case not more
that fifteen days in 1[Bangladesh], unless and extension of the time for
such journey be allowed by a competent authority; or
(iii) a multiple journey visa valid for six months or of such shorter
period as may be specified therein for any number of journeys to 1[Bangladesh]
within a specified period not exceeding 3[Five years] for any legitimate
purpose. The period of stay in 1[Bangladesh] specified under such visa
shall not exceed three months at a time.
Article 5. Power to exempt, etc.-(1) the Government may by general or
special orders exempt any persons or classes or persons, whether absolutely
or on such conditions as it considers necessary, form the provisions of
rule 3.
(2) The following person; and classes of persons shall be exempted from
the provisions or rule 3:-
(a) persons whose age is less than fifteen days;
(b) persons returning from pilgrimage and in possession of pilgrim passes
issued by a competent authority;-
(c) persons or classes of persons exempted absolutely by the Government;
(d) persons or classes of persons exempted by the Government; on certain
specified conditions, when the conditions have been duly fulfilled.
Article 6. Duty of persons in chare of aircraft etc.-(1) No person in
charge of any aircraft or ship shall bring into 2[Bangladesh] from a place
outside Bangladesh any person who has not in his possession a valid passport
specifically endorsed by a competent authority, whether by way of visa
or otherwise as valid for entry into Bangladesh under these rules.
(2) If any person is brought into Bangladesh in contravention of sub-rule
(1) an authority empowered by the Government generally or specially in
this behalf may director owner or person in charge of the aircraft or
ship, as the case may be, to take the person back on board and remove
him from Bangladesh of the said person, and the owner, or as the case
may be, the person in charge of the aircraft or ship shall comply with
such direction.
Article 7. Penalty.-Any person who :
(a) enters Bangladesh in contravention of the provisions of rule 3; or
(b) does any act in contravention of any condition prescribed under sub-rule
(1) of rule 5; or
(c) brings any person into Bangladesh in contravention of sub-rule (1)
of rule 6, or omits to obey a direction under sub-rule (2) of that rule,
shall be punishable with imprisonment for a term which may extend to three
months or with fine or with both.
Article 8. Attempt and abetment.-Any person who attempts to commit or
abets or attempts to abet the commission of any offence punishable under
rules 7 shall be punishable in like manner as if he had committed the
offence.
The
Emigration Ordinance, 1982 Ordinance No. XXIX of 1982
Relevant Section:
Article 7. Regulation for emigration.-(1) Emigration for overseas employment
shall not be lawful from any port or place except from such ports or places
as the Government may, by notification in the official Gazette, declare
to be ports or places from which such emigration is lawful.
(2) No person shall, unless he possesses a valid demand, recruit or attempt
to recruit any citizen for overseas employment except in accordance with
the provisions of this Ordinance and the rules made thereunder.
(3) Notwithstanding anything contained in any other law for the time being
in force, emigration of a citizen shall be lawful, if he is in possession
of valid travel documents with registration endorsement under sub-section
(4) of section 11, and-
(a) he is in possession of a letter of appointment or a work permit form
a foreign employer, or an employment or emigration visa from a foreign
Government; or
(b) he has been selected for emigration by a foreign employer through
an organization or authority or by a recruiting agent, recognized by the
Government in this behalf or under an agreement or treaty between the
Government and foreign Government.
Article 8. Power to prohibit emigration of workers.-(1) If the Government,
having regard to the occupation, profession, vocation or qualification
of any person or class of persons is satisfied that emigration of such
person or class of persons is not in the public interest, it may, by order,
prohibit the emigration of such person or class of persons and thereunder
the departure of such person or class of persons otherwise that in accordance
with such order shall not be lawful.
(2) Notwithstanding the provisions of sub-section (1), where the Government
has reason to believe that sufficient grounds exist for prohibiting emigration
of any person or any class of persons to any country, it may, by notification
in the official Gazette, declare that emigration of such person or class
or persons to that country shall cease to be lawful from a date specified
in the notification; and from that date such emigration to that country
shall accordingly cease to be lawful.
Article 20. Unlawful emigration.-(1) Whoever, except in conformity with
the provisions of this Ordinance and the rules made thereunder, emigrants
or attempts to emigrate or departs or attempts to depart shall be punishable
with imprisonment for a term which may extend to one year simple imprisonment
or with fine not exceeding Taka five thousand or with both.
(2) Whoever, except in conformity with the provisions of this Ordinance
or the rules made thereunder,-
(a) makes or attempts to make, any agreement with any person purporting
to bind that person, or any other person, to emigrate, or
(b) causes or assists, or attempts to cause or assist any person to emigrate
or depart or to attempt to emigrate or depart or to leave any place for
the purpose of emigrating or departing, or
(c) causes any person engaged, assisted or recruited by him, after grant
of the license under section 10 to depart without appearing before the
Registrar as required under section 11, or
(d) furnishes or publishes information or notice or documents in relation
to recruitment for employment abroad, or
(e) substitutes or alters any employment contract approved and verified
by the Registrar, or
(f) Withholds or denies travel documents from a prospective emigrant for
monetary or financial consideration other than those authorized under
this Ordinance,
shall be punishable with rigorous imprisonment for a term which may extend
to five years, or with fine, or with both.
(3) When in the course of any proceeding in connection with emigration
in which a recruiting agent or a person or an organization is concerned,
a breach of the provisions of this Ordinance or the rules made thereunder
is committed, such agent or, as the case may be, person or organization
shall be liable to the punishment provided by sub-section (2) unless he
proves that he was not responsible for and could not have prevented the
commission of the breach.
(4) A person who recruits a citizen or holds an interview or examination
or issues an advertisement for such recruitment in contravention or the
provisions of section 9 shall be liable to the punishment provided by
sub-section (2).
Article 21. Fraudulently inducing to emigrate.-Whoever, by means of intoxication,
coercion or fraud, causes or induces, or attempts to cause or induce,
any person to emigrate, or enter into an agreement to emigrate, or leave
any place with a view to emigrating, shall be punishable with imprisonment
for a term which may extend to five years, or with fine, or with both.
Article 22. False representation of Government authority.-Whoever falsely
represents that any emigrant is required by the Government or is to be
engaged on behalf of the Government, shall be punishable with imprisonment
for a term which may extend to five years, or with fine, or with both.
Article 23. Receiving money etc., for providing foreign employment.- Whoever
for providing or securing, or on the pretext of providing or securing,
to or for any person, employment in any country beyond the limits of Bangladesh.
(a) being a recruiting agent, charges fee in addition to the prescribed
amount;
(b) not being a recruiting agent, or receives or attempts to receive,
for himself or for any other person any money or other valuable thing;
shall be punishable with imprisonment for a term which may extend to five
years, or with fine, or with both.
Article 24. Penalty for contravention or agreement.-Whoever contravenes
the terms of the agreement with his foreign employer by abandoning his
employment or otherwise, shall, after the repatriation to Bangladesh,
be punishable with fine which may extend to five thousand taka.
Article 25. Recovery of expenditure for repatriation, etc.-(1) The amount
of expenditure, if any, incurred by the Government for repatriation to
Bangladesh of a person who is convicted of an offence punishable under
sub-section (1) of section 20 or section 24, shall be recoverable from
such person in accordance with the provisions of the Public Demands Recovery
Act, 1913 (Ben. Act III of 1913).
(2) The Government may recover the amount involved in an offence under
section 21 in accordance with the provisions of the Public Demands Recovery
Act, 1913 (Ben. Act III of 1913) and the amount so recovered shall be
paid to the person who had paid it.
The Registration of Foreigners Act, 1939 Act No. XVI of 1939,
8th April, 1939
Relevant Sections:
Article 3. Power to make rules- The Government may after previous publication,
by notification in the Official Gazette, make rules with respect to foreigners
for any or all of the following purposes, that is to say-
(a) for requiring any foreigner entering, or being present in, Bangladesh
to report his presence to a prescribed authority within such time and
in manner and with such particulars as may be prescribed;
(b) for requiring any foreigner moving form one place to another place
in Bangladesh to report, on arrival at such other place, his presence
to a prescribed authority within such time and in such manner and with
such particulars as may be prescribed:
(c) for requiring any foreigner who is about to leave Bangladesh to report
the date his intended departure and such other particulars as may be prescribed
to such authority and within such period before departure as may be prescribed;
(d) for requiring any foreigner entering being present in, or departing
from Bangladesh to produce, on demand by a prescribed authority, such
proof of his identity as may be prescribed;
(e) for requiring any person having the management of any hotel, boarding-house,
sarai or any other premises of like nature to report the name of any foreigner
residing therein for whatever duration, to a prescribed authority within
such time and in such manner and with particulars as may be prescribed;
(f) for requiring any person having the management or control of any vessel
or aircraft to furnish to a prescribed authority such information as may
be prescribed regarding any foreigner entering, or intending to depart
from, Bangladesh in such vessel or aircraft, and to furnish to depart
such assistance a may be necessary or prescribed for giving effect to
this Act.
(g) for giving for such other incidental or supplementary matters as may
appear to the Government necessary or expedient for giving effect to his
Act.
Article 5. Penalties.-Any person who contravenes, or attempts to contravene,
or fails to comply with, any provision of any rule made under this Act
shall be punished, if a foreigner, with imprisonment for a term which
may extend to one year or with fine which may extend to one thousand Taka
or with both, or if not a foreigner, with fine which may extend to five
hundred Taka.
The Bangladesh (Control of Entry) Act, 1952 (Act LV of 1952)
An Act make better provisions for controlling the entry of Indian citizens
into Bangladesh .
Article 3. Control of entry.-(1) Non Indian Citizen shall enter any part
of [Bangladesh] . unless be is in possession of a passport with a visa
authorizing the entry.
Article 4. Penalty.-Whoever contravenes [the provision of section 3 shall]
be punished with imprisonment which may extend to one year or with a fine
which may extend to one hundred [Taka], or with both.
Article 6. Power to arrest.-(1) Any police-officer, customs-officer, or
other officer empowered in this behalf by a general or special order of
the Federal Government 3[***] or under a rule made under this Act, may
arrest without a warrant any persons whom such officer reasonably suspects
or having contravened [the provisions] of section 3.
(2) An officer making an arrest under this section shall, without unnecessary
delay, take the person arrested or cause him to be taken before a competent
Magistrate having jurisdiction in the place where the arrest is made,
or to the officer in charge of a police-station within whose jurisdiction
the arrest is made and the provisions of the code of Criminal Procedure
(v of 1898), 2[***] shall, so far as may be, apply in respect of such
arrested person.
Article 7. Power to remove from [Bangladesh]-(1) the Federal Government
may order any person who is not a citizen of [Bangladesh] convicted under
section 4 or section 5 to remove himself from [Bangladesh]within the time
specified in the order.
(2) If such person refuses or fails to remove himself within the specified
time.
(a) he shall be punished with imprisonment which may extend to one year
or with a fine which may extend to one thousand Taka or with both, and
(b) he may be removed from Bangladesh under the order the order of the
Federal government who may use all such means as may, in the circumstances,
be necessary to effect the removal.
The Foreigners Act 1946, Act No. XXI of 1946 (23rd November, 1946)
Relevant sections:
Article 3. (1) The Government may by order make provisions, either generally
or with respect to all foreigners or with respect to any particular foreigner
or any prescribed class or description or foreigner, for prohibiting,
regulating or restricting the entry of foreigners into Bangladesh or their
departure therefrom on their presence or continued presence therein.
(2) In particular and without prejudice to the generality of the foregoing
power, orders made under this section may provide that the foreigner-
(a) shall not enter Bangladesh or shall enter Bangladesh only at such
times and by such route and at such port or place and subject to the observance
of such conditions on arrival as may be prescribed;
(b) shall not depart form Bangladesh or shall depart only at such times
and by such route and from such port or place and subject to the observance
or such conditions on departure as may be prescribed.
(c) shall not remain in Bangladesh or in any prescribed area therein;
(d) shall remove himself to, and remain in, such area in Bangladesh as
may be prescribed;
(e) shall comply with such conditions as may be prescribed or specified-
(i) requiring him to reside in a particular place;
(ii) imposing any restrictions on his movements;
(iii) requiring him to furnish such proof of his identity and to report
such particulars to such authority such proof of his identity and to report
such particulars to such authority in such manner and at such time and
place as may be prescribed or specified.
(iv) requiring him to allow his photograph and finger impressions to be
taken and to furnish specimens and his handwriting and signature to such
authority and at such time and place as may be prescribed or specified.
(v) requiring him to submit himself to such medical examination by such
authority and at such time and place as may be prescribed or specified;
(vi) prohibiting him from association with persons of a prescribed or
specified description;
(vii) prohibiting him from engaging in activities of a prescribed or specified
description;
(viii) prohibiting him from using or possessing prescribed or specified
articles;
(ix) otherwise regulating his conduct in any such particulars as may be
prescribed or specified;
(f) shall enter into a bond with or without sureties for the due observance
of or as an alternative to the enforcement of, any or all prescribed or
specified restrictions or conditions:
(g) shall be arrested an, in the interest of the security or Bangladesh
detained or confined:
Provided that a person shall not be detained for a period exceeding six
months unless an Advisory Board consisting or three persons appointed
by the Government, of whom two shall be persons who are or have been,
or are qualified to be appointed as, Judges of the Supreme Court and the
other shall be a person who is a senior officer in the service of the
Republic, has, after affording him an opportunity of being heard in person,
reported before the expiration of the said period of six months that there
is, in its opinion, sufficient cause of such detention.
Article 13. Attempts, etc. to contravene the provisions of this Act, etc-(1)
Any person who attempts to contravene, or abets or attempts to abet, or
does any act preparatory to, a contravention, or the provisions of this
Act or of any order made or direction given thereunder, or fails to comply
with any direction given in pursuance of any such order, shall be deemed
to have contravened the provisions of this Act.
(2) Any person who, knowing or having reasonable cause to believe that
any other person has contravened the provisions of this Act or of any
order made or direction thereunder, gives that other person any assistance
with intent thereby to prevent, hinder or otherwise interfere with his
arrest, trial or punishment for the said contravention shall be deemed
to have abetted that contravention.
(3) the master of any vessel or the pilot of any aircraft, as the case
may be by means of which any foreigners enters or leaves Bangladesh in
contravention of any order made under, or direction given in pursuance
of section 3 shall, unless he proves that he exercised all due diligence
to prevent the said contravention, be deemed to have contravened this
Act.
Article 14. Penalties.-If any person contravenes the provisions of this
Act or of any order made thereunder, or any direction given in pursuance
of this Act or such order, he shall be punished with imprisonment for
a term which may extend to five years and shall also be liable to fine;
and if such person has entered into a bond in pursuance of clause (f)
of sub-section (2) of section 3, his bond shall be forfeited, and any
person bound thereby shall pay the penalty thereof, or show cause to the
satisfaction of the convicting Court who such penalty should not be paid.
Registration is reciprocal and nationals of all countries need not register.
Presently nationals of three countries need to register; India, Pakistan
and South Korea. The guidelines of which are laid down by some circulars
mentioned below:
• Indians must register if they stay in the country more
than 180 days. (Guided by: 1A-5/87 (Immi:21658(4) dated 18/9/88 and SB
Memo no. 6469 (20)/138-01/Immigration dated 28/12/03)
• Pakistanis must register if they stay in the country
more than 90 days. (MoH memo no A – 16/85 (imm:2)/1556 dated 30/11/89)
The fees and charges relating to registration has also been laid down
by circulars. The general rule relating to registration has been provided
in the Registration of Foreigners Rules 1966. The relevant section of
the Rules as well as some of the important circulars have been provided
below :
Registration of Foreigners Rules, 1966
Article 6. Report by foreigner of his arrival in Bangladesh.-(1) Every
foreigner entering Bangladesh shall, subject to sub-rule (2), present
in person to the appropriate Registration Officer, prescribed by rule
7 a report in form B (hereinafter referred to as a registration report)
of his arrival in Bangladesh.
(2) Every registration report shall be made in writing, in the English
language and in duplicate, shall contain a true statement of the foreigner’s
intended address in Bangladesh and of all the other particulars specified
in Form ‘B’ and shall have affixed to it a photograph of the foreigner,
which shall be over stamped with the stamp of the Registration Officer
on both parts of the report.
Provided that a pardanashin woman who is accompanied by a male companion
may present the registration report through her male companion and may
not affix a photograph to the report;
Provided further that in the case of a foreigner whose occupation in such
as to necessitate frequent traveling and who is not likely to return within
a reasonable time to the district in which he is at any time living, the
office of the Registration Officer of the district in which he first registers
upon his arrival in Bangladesh may be given as, and shall be deemed to
be, his address in Bangladesh.
(3) Copies of Form B shall be supplied by the Bangladesh visa issuing
authority at the time of the grant of visa or by the Registration Officer
in Bangladesh.
Article 7. Procedure for registration.-(1) The registration report shall
be presented by a foreigner who enters Bangladesh on board a vessel or
by land within thirty days of his arrival, at such time and place and
to such authority as may be appointed by the Registration Officer of the
port or other place of arrival;
Provided that any foreigner who enters Bangladesh in the course of a continuous
journey by railway shall present a registration report to the Registration
Officer of the place of arrival.
(2) The Registration Officer or other authority as aforesaid to whom the
Registration report is presented shall issue to the foreigner a temporary
Certificate of Registration in Form C and the foreigner shall thereafter
comply with the conditions set out in that Form.
(3) Every foreigner presenting a Registration report shall furnish to
the Registration Officer such information as may be in his possession
for the purpose of satisfying the said officer as to the accuracy of the
particulars specified therein and shall, on being required so to do, sign
the Registration report in the presence of the said Officer and shall
thereupon be entitled to receive from the said officer a Certificate of
Registration on Part 11 of Form B:
Provided that a pardanashin woman whose passport or other do not, in the
opinion of the Registration Officer, provide adequate proof of identity,
shall be required to furnish to the Registration Officer, within such
period of presenting her registration report as such Officer may fix,
four complete sets of her finger impressions, one of which shall be made
on part II of form B. The finger impressions shall be made in the presence
of the Registration Officer and each set shall be attested by him.
Article 8. Period of validity of Certificates of Registration.-(1) If
the Registration Officer is satisfied that any foreigner entering Bangladesh
is a bonafide tourist and that the period of his stay in Bangladesh will
not exceed thirty days he may endorse on his passport the word “tourist”
and record therein the date of expiry of the validity of the said endorsement
:
Provided that if the tourist, after his entry in Bangladesh, decides to
extend his stay in Bangladesh beyond thirty days, he shall, before the
expiry or the said period of thirty days, apply to any Registration Office
in Bangladesh for registration and the Registration Officer may, on sufficient
cause being shown by the tourist, register him in Form B, subject to the
condition that in no case shall the validity of such registration be so
expressed as to extend the period of the tourist’s stay in Bangladesh
beyond three months after the date on which he entered Bangladesh.
(2) If the Registration Officer is satisfied that any foreigner entering
Bangladesh is a bonafide tourist and that the period of his stay in Bangladesh
will be more than thirty days but less than three months, he may register
him in form B and record therein the fact of the foreigner being a tourist
and also the date of expiry of the validity of the Certificate of Registration:
Provided that, if the Certificate of Registration of the tourist is expressed
to be valid for a period of less than three months, the period of validity
of such certificate may, on sufficient cause being shown by the tourist,
be extended by any Registration Officer, subject to the condition that
is no case shall the validity be so extended beyond three months after
the date on which the tourist entered Bangladesh.
(3) Where a tourist enters Bangladesh on the authority of a transit visa
issued to him under the Passport Rules, 1955, the validity of the Certificate
of Registration shall be co-extensive with the validity of the said transit
visa.
(4) Any tourist who is in Bangladesh after the date of the expiry of the
validity of the endorsement on his passport, or of his Certificate of
Registration, shall cease to be a tourist within the meaning of these
rules.
(5) The Certificate of Registration issued in respect of any foreigner
other than tourist shall be valid for so song as long as the foreigner
does not depart from Bangladesh.
Article 11. Report of temporary absence from registered address.-(1) If
at any time a foreigner is absent form his registered address for seven
days or more, he shall report to the Registration Officer of the district
in which his registered address is situated his current address and every
subsequent change of address.
(2) Every foreigner who stays or intends to stay for a period of seven
days or more at any place in any district other than the district in which
his registered address is situated, shall report his presence in that
other district to the Registration Officer of that district within twenty-four
hours of his arrival in that district.
(3) The requirements of sub-rule (1) and (2) shall be deemed to have been
fulfilled if the foreigner concerned-
(i) makes a report in writing to the Registration Officer of the district
where his registered address is situated seven days in advance of leaving
the district mentioning his itinerary; or
(ii) reports in form D in accordance with the provisions of rule 15 furnishing
on it the requisite information about the itinerary; or
(iii) obtain a travel permit under sub-rule (1) of rule 16 from the Registration
Officer of the district in which his registered address is situate;
Provided that if any change in the itinerary is made, intimation shall
be sent to the Registration Officer; or
(iv) Reports arrival immediately to the Registration Officer of the district
of his arrival.
(4) (a) The report prescribed by sub-rule (1) and (2) may be made by a
foreigner to the Registration Officer personally or through and agent
or through postal communication.
(b) A report prescribed by sub-rule (3) may be made by a foreigner to
the Registration Officer personally or through an agent.
Article12. Report of change of registered address.-(1) Every foreigner
who is about to change his registered address shall furnish to the Registration
Officer of the district in which his registered address is situated particulars
of his new address and the date of the change, and the Registration Officer
shall record the new address in his Certificate of Registration.
(2) A foreigner shall be deemed to have changed his registered address-
(a) if he departs from Bangladesh;
(b) if he changes his residence from one place of another place in Bangladesh;
or
(c) if, having no residence, he leaves his registered address knowing
that he is not likely thereafter to return thereto within three months
of leaving it:
Provided that clause (c) of this sub-rule shall not apply in any case
in which in accordance with the second proviso to sub-rule (2) of rule
6 the foreigner’s registered address is the office of the Registration
Officer of the district in which he first registered upon his arrival
in Bangladesh.
Registration of Foreigners (Exemption) Order, 1966
Rule 2. The provisions of the Registration of foreigners Rules, 1966 (hereinafter
in this Order referred top as the Rule) shall not be applied to, or in
relation to, any person who was not attained the age of sixteen years.
Rule 3. The provisions of Rules 6, 7, 8, 10, 11, 12, 13 and 14 and the
provisions other than those which relate to the signing and furnishing
of name and nationality of a foreigner under rules 4, 15, 16 and 17 of
the Rules shall not be applied to or in relation to-
(a) a commonwealth citizen, as defined in section 2 of the Bangladesh
Citizenship Act 1951 (II of 1951) not being a citizen of India, provided
that at the time of his entry in Bangladesh he shall give his intended
address and places to be visited by him in Bangladesh and at the time
of his departure, his last address in Bangladesh.
(b) a citizen of India or Bangladesh holding ‘A’, ‘C’, or, in the case
of a transport worker, E category visa for Bangladesh;
(c) a citizen of India holding ‘C’ category visa, to the extent they are
not applicable to, or in relation to, a tourist;
(d)any foreigner in the service of the Central or Provincial Government
and his wife and children;
(e) The members of the diplomatic corps holding diplomatic passports;
and
(i) Their spouses and children;
(ii) Servants (if they belong to the Country of the Mission);
(f) countries holding diplomatic passports;
(g) non-diplomatic staff of Foreign Missions (if they belong to the country
of the Mission) whose names are notified to the Ministry of Foreign Affairs
by the Foreign Missions;
(h) (i) Consul-General
(ii) Consul and their spouses and children;
(iii) Vice-Consul
(j) any person of Asiatic birth who by an law for the time being in force
is not required to obtain a passport or a visa for the purpose of entering
Bangladesh; (any foreigner to whom immunity from alien registration is
granted under clause (d) of section 18 of the schedule to the United Nations
(Privileges and Immunities) Act, 1948 (XX of 1948), read with section
17 of the schedule to that Act;
(k) any foreigner not specified in any of the preceding clauses who enters
Bangladesh solely in transit to a destination beyond Bangladesh, for so
long as he is authorized to travel in Bangladesh, under a licence previously
obtained by him from the Registration Officer of the place at which he
enters Bangladesh and complies with such conditions as to route and other
matters as may be specified in the said licence;
(l) any foreigner invited by the Government for attending any function
in Bangladesh or a State Guest, class I, and his encourage;
(m) a citizen of Iran or Turkey whose stay in Bangladesh does not exceed
three months.
Government of the People’s Republic of Bangladesh
Ministry of Home Affairs
Immigration Section – 3
CIRCULAR
Sha ma/Misc-10/2002 (Bohi-3) Dated: 14-7-2002
Subject: Fixation of Fees
The Government has decided to fix/revise following fees as mentiond below.
A. Rates of fees chargable under Home Ministry’s financial Code no Misc.
1 2201 001 2681:
Subject Rate
(1) Maritial status certification Taka 500/- (Five hundred)
(2) Police clearance certificate Taka 250/- (Two hundred fifty)
(3) Renunciation of citizenship Taka 1000/- (One thousand)
(4) Attestation of documents (Citizenship, Taka 50/- (Fifty)(each page)
Police verification report etc)
B. rates of fees charagble under Deparment of Immigration & Passport’s
Financial Code no Misc.1 2275 0000 2681
Subject Rate
(1) Unauthorized stay of foreign nationals Taka 200/- (Two hundred) per
day upto 15 days
(2) Change of visa categories Taka 1000/- (One thousand) per day
after 15 days
(3) Landing permit/Visa on Arrival (VoA) US Dollar 50 (Fifty)
“NO VISA REQUIRED TO TRAVEL TO (i) US Dollar 50 (Fifty) or its equivalent
BANGLADESH” Seal Taka (in Bangladesh)
(ii) US Dollar 50 (Fifty) (outside Bangladesh)
(4) Late registration of foreign nationals (i) Taka 2000/- (Two thousand)
after
expiry of 7 days on arrival
(ii) Taka 5000/- (Five thousand) after
expiry of 15 days on arrival
2. All other existing laws regulations directives in this regard expect
above mentioned fees will remain in force.
3. this circular has been issued with the concurrence of the Ministry
of Finance
4. This order come into force with immediate effect.
Signature
14-7-2002
(Zishan Ara Arafunnesa)
Deputy Secretary
• The Foreigners Order 1951
Section 6. Liability of master of vessel, etc, remove a foreigner.-(1)
A civil authority may require the master of the vessel or pilot of the
aircraft in which a foreigner has arrived, or the owners or agents or
that vessel or aircraft, as may be appropriate in the opinion of such
civil authority, to remove a foreigner who has been refused permission
to enter, who has entered Bangladesh, without its permission; and the
master, pilot, owner or agent, as the case may be, shall comply with such
requisition.
(2) The master of a vessel or the pilot of an aircraft scheduled to call
at any, port outside Bangladesh shall, if so required by the Government,
receive a foreigner in respect of whom an order directing that he shall
not remain in Bangladesh has been made and his dependent, if any, on board
the vessel or aircraft, as the case may be, and afford him then a passage
to that part and proper accommodation and maintenance during the passage.
• The Registration of Foreigners rules 1966
Section 17. Obligations of masters of vessels etc.-(1) The master of any
vessel arriving at or leaving any port or place in Bangladesh shall-
(a) before any foreign passenger disembarks or embarks, supply to the
Registration Officer of the port or place of arrival in, or departure
from, Bangladesh Form ‘A’ duly filled in by each foreigner together with
a Passenger manifest in form E ;
(b) require every foreign passenger who is about to disembark in Bangladesh
to complete Form B and direct him to attend at such place and time as
may be specified by the Registration Officer.
(c) if so requested by the Registration Officer, require any foreign passenger
about to depart from Bangladesh to surrender his Certificate of Registration
or travel permit and deliver such Certificate or permit together with
Form A and the Passenger Manifest in Form E required under sub-rule (4)
to the Registration Officer;
(d) if so required by the Registration Officer, furnish on arrival at
the said port or place a true statement in writing showing the name and
nationality of every seaman, and at the time of departing from such port
or place take such steps as the Registration Officer may specify to ascertain
whether or not any such seaman as aforesaid who is a foreigner is about
to depart on board such vessel; and
(e) render to the Registration Officer such assistance as he may reasonably
require for carrying out the purposes of the Act and these rules.
(2) Every particular, other than the signature of a foreign passenger,
which is required by this rule to be recorded in Form B shall be recorded-
(a) if the passenger is able to write in the English language, by the
passenger and in the English language;
(b) if the passenger is unable to write in the English language, by the
master of the vessel and in the English language or, where the master
is unable to write in the English language, in a Bangla language.
(3) If a foreign passenger does not understand the English language, it
shall be the duty of the master of the vessel, if so requested, to explain
or cause to be explained to the foreign passenger the requirements of
this rule and Form B.
(4) the master or owner of any vessel shall-
(a) require any foreigner who intends to embark on that vessel for the
purpose of leaving Bangladesh to furnish in writing his full particulars
in Form A;
(b) cause form A when so completed to be delivered together with the schedule
in Form E to the Registration Officer of the place of departure; and
(c) take steps to ensure that no foreigner embarks until authorized so
to do by the Registration Officer.
(5) Form A shall be completed in the English language;
Provided that in any case in which there is no seaman on board a vessel
who is able to write in the English language, the Form may be complete
in a Bangla language.
(6) form A shall be supplied to the foreign passengers by the master or
owner of the vessel carrying the passengers.
(7) Specimen copies of Forms A, B and E may be obtained by the master
or owner or owner of a vessel carrying passengers from any Registration
Officer.
The Passport Rules 1955
Section 6. Duty of persons in chare of aircraft etc.-(1) No person in
charge of any aircraft or ship shall bring into 2[Bangladesh] from a place
outside 2[Bangladesh] any person who has not in his possession a valid
passport specifically endorsed by a competent authority, whether by way
of visa or otherwise as valid for entry into 2[Bangladesh] under these
rules.
(2) If any person is brought into 2[Bangladesh] in contravention of sub-rule
(1) an authority empowered by the 1[Government] generally or specially
in this behalf may director owner or person in charge of the aircraft
or ship, as the case may be, to take the person back on board and remove
him from 2[Bangladesh] of the said person, and the owner, or as the case
may be, the person in charge of the aircraft or ship shall comply with
such direction.
TERMS AND CONCEPTS
Carriers: Transportation companies engaged in the carriage
of travellers by land, sea, or air
Compliance mechanisms: Institutional and administrative
arrangements that encourage and ensure compliance with established requirements
Control authorities: The administrative and organizational
units within a national government that are responsible for managing the
orderly movement of regular migrants, and for control of irregular and
illegal migration
IATA: The International Air Transport Association, established
in 1919 as the trade association for the airline industry
IATA/CAWG The International Air Transport Association/Control
Authorities Working Group (IATA/CAWG) brings together airlines and immigration
control authorities from 19 countries to develop and pursue a cooperative
programme for the facilitation and processing of air passengers, while
ensuring effective action against illegitimate traffic.
ICAO: The International Civil Aviation Organization,
established in 1947 to give expression to the terms of the International
Convention on Civil Aviation (The Chicago Convention)
IMO: The International Maritime Organization, established
in 1958 as the United Nations’ specialized agency responsible for improving
maritime safety and preventing pollution from ships.