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)
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]:
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]
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]
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.
(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]
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
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
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
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)
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;
(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
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:
(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
(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.
(Zishan Ara Arafunnesa)
• 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.