Updated: Sunday October 02, 2016/AlAhad
Muharram 01, 1438/Ravivara
Asvina 10, 1938, at 07:45:02 PM
The National Command Authority Act, 2010
ACT No. V OF 2010
An Act to provide for the constitution and
establishment of National Command Authority.
Whereas, it is necessary and expedient
to establish an Authority for complete command and control over research,
development, production and use of nuclear and space technologies and other
related applications in various fields and to provide for the safety and
security of all personnel, facilities, information, installations or
organizations and other activities or matters connected therewith or ancillary
thereto:---
It is hereby enacted as follows:---
1. Short title, commencement, application
and extent.___ (1) This Act may be called the National Command
Authority Act, 2010.
(2) This Act shall come into force at
once and shall be deemed to have taken effect on the 13th December, 2007.
(3) It extends to the whole of
2. Definitions.___In this Act, unless there is anything repugnant in the
subject or context,---
(a) “Authority”
means the National Command Authority established under section 3 of this Act;
(b) “Chairman“
means the Prime Minister of the Islamic Republic of Pakistan;
(c) “employee”
means any official, employee etc., whether in the service of the Authority or
the Strategic Organizations, serving or retired and includes those on
deputation or secondment within Pakistan or abroad, and those studying abroad;
(d) “Strategic
Organization” means such body notified by the Authority to be a Strategic
Organization and includes Pakistan Atomic Energy Commission, Dr. A.Q. Khan
Research Laboratories (KRL) and Space and Upper Atmosphere Research Commission;
and
(e) “prescribed“
means prescribed by rules under the Act;
3. Establishment of the Authority.___ (1) The National Command Authority already
established by the competent authority shall deem to be the Authority
established under this Act.
(2) The authority shall be having perpetual
succession and a common seal with powers, subject to the provisions of this
Act, to hold and dispose of the property both movable and immovable
and shall by the said name sue and be sued.
(3) The
Chairman of the Authority shall be the Prime Minister of Pakistan.
(4) The
other members of the Authority shall be the,---
(a) Minister for Foreign
Affairs;
(b) Minister for Defence;
(c) Minister for Finance;
(d) Minister for Interior;
(e) Chairman Joint Chiefs
of Staff Committee;
(f) Chief of Army Staff;
(g) Chief of Naval Staff;
and
(h) Chief of Air Staff.
(5) The
Director General Strategic Plans Division shall act as the Secretary of the
Authority.
(6) The
National Command Authority shall form such committees and entities as it may
deem fit in order to regulate matters relating to the objects and purposes of
this Act.
(7) The
National Command Authority shall supervise the functions and administration of
all the Strategic Organizations.
4.
Powers of the Chairman.___All the powers and functions shall rest with the
National Command Authority on whose behalf, the Chairman will, exercise these
powers and functions who may in consultation with National Command Authority
and subject to such limitations as he may specify, delegate any of these powers
and functions to Chairman Joint Chiefs of Staff Committee and Director General
Strategic Plans Division, who may further sub-delegate the same to any employee.
5.
Secretariat of the Authority.___The Strategic Plans Division shall function as the
Secretariat of the Authority and shall be headed by a Director General to be
appointed by the Chairman on the recommendation of the Chairman Joint Chiefs of
the Staff Committee. The Director General shall be a serving Lieutenant General
who may continue after retirement for completion of assigned projects.
6. Meetings
of the Authority.___ (1) The Authority shall meet at such time and place
and in such manner as may be prescribed.
(2) The
Authority may, if required, invite any head of the Strategic Organization, or
any person or an expert etc., to participate in its meetings.
7.
Powers and functions of the Authority.___The Authority shall have the powers to perform all
such functions that are necessary to implement the objects and purposes of this
Act which include, without being limited, to the following, namely:---
(a) to exercise complete
command and control over all nuclear and space related technologies, systems
and matters;
(b) to supervise, manage
and coordinate the administration, management, control and audit of budget,
programmes and projects etc., of the Strategic Organizations;
(c) to authorize
undertaking of specialized scientific and technological work;
(d) to prescribe specific
terms and conditions of the employees including but not limited to,
appointments, removals, promotions, transfers, integrity and reliability
assessment and other related matters;.
(e) to create
classification amongst employees based on the sensitivity of the functions,
nature of assignment, security considerations and in the interest of security
of
(f) to take measures
regarding employees in respect of their movement, communication, privacy,
assembly of association, in the public interest or in the interest of
integrity, security or defence of Pakistan or friendly relations with foreign
states and public order;
(g) to place such
restrictions and limitation on the employees that are necessary in the interest
of the confidentiality of the functions, assignments, jobs etc., being
performed by the said employees or the class of employees;
(h) to ensure security and
safety of nuclear establishments, nuclear materials and to safeguard all
information and technology relating to said matters;
(i) to ensure security and
safety of establishments and facilities etc., of the Strategic Organization;
(j) to render security and
ensure safety of serving or retired employees or any other person;
(k) Authorize possession
and use of fire-arms to security force personnel who are in the service of the
Authority;
(1) to take actions, issue
appropriate orders and instructions as it may deem fit or in order to advance
or achieve the purposes of its establishment and in order to facilities the
performance of actions or functions that are incidental and ancillary thereto;
(m) take implementing
measures and assist the Federal Government pursuant to any obligation on
Pakistan relating to non-proliferation, safety, security accidents, terrorism
and any other related matters;
(n) to take measures in
respect of the movement, communication and interaction etc., of any employee or
person who is suspected of an attempt to commit an offence under this Act;
(o) to carry out the
functions of fact finding, inquiry, investigation, prosecution etc., of
offences under the Act and to that end authorize any official of the Authority
or entrust any or all of the said function, to any official outside the
Authority partly or fully, as the case may be;
(p) to declare application
of any other existing law, provisions of law, rules, regulations etc., to its
employees, procedures, establishment, sites, building, lands, assets,
equipments, partly or fully, as the case may be;
(q) to acquire property
movable or immovable in its own name or in the name of a designated official or
a Strategic Organization; and
(r) to enter into
agreements, contracts and other like transactions.
8.
Strategic Organizations.___All the Organizations working under the control,
regulations and directions of the Authority and such bodies as may be notified
by the Authority shall be the Strategic Organizations under this Act.
9.
Employees of Authority.___ (1) Notwithstanding anything contained in any other law,
judgment of any Court or tribunal for the time being in force or any procedure
etc., hitherto followed by the Authority, all employees and officials working
in the Strategic Organizations upon notification of the said Organizations
under section 8, shall within immediate effect be deemed to be the employees in
the service of the Authority:
Provided
that no employee shall be treated on terms and conditions less favourable to
the ones which he was availing as per his terms and conditions of employment.
(2) The
Authority shall regulate all the matters relating to terms and conditions of
the services of the employees in the service of the Authority, including their
appointment and removal, promotion, transfer, integrity assessment,
reliability, security clearance, and other related matters:---
Provided
that the employees working in the service of the Authority who are subject to
the Pakistan Army Act, 1952 (XXXIX of 1952), Pakistan Air Force Act, 1953 (VI
of 1953) and Pakistan Navy Ordinance 1963 (XXXV of 1963), shall also be
governed by this Act and rules made there under:---
Provided
further that the Pakistan Army Act, 1952 (XXXIX of 1952) shall be made
applicable in respect of employees in the service of the Authority to whom
section 2 of the said Act applies or employees in the service of the Authority
for whom a notification under section 8 of the aforesaid Act is issued.
(3) The
Authority shall categorize the nature of service of the employees on the basis
of the sensitivity of the functions and then shall frame rules, criterion
assessment basis for each set of employees and no employee shall have a vested
right for any post, assignment emoluments, promotion, privileges, transfer
deputation etc.
10.
Powers of inquiry and investigation etc.___ (1) The Director General Strategic Plans Division or
any' official authorized by him may order fact finding
inquiry or investigation of any suspicious conduct or violation of any rule,
regulation, procedures, direction or orders issued pursuant to this Act.
(2)
During the, said inquiry or investigation, Director General
Strategic Plans Division shall have the power to order any measure or step that
may be necessary in the interest of national security or to prevent the
consequences of the violation etc.
(3) The
Director-General Strategic Plans Division may upon receiving the report of the
said inquiry or investigation may recommend to the Authority to impose any
penalty or penalties under the service rules.
11.
Appellate Authority.___ (1) Any employee if aggrieved by any order, action or
inaction in respect of his terms and conditions of service in the Authority may
in accordance with the prescribed rules, prefer an appeal to the prescribed
Appellate Authority.
(2) The
Appellate Authority may provide personal hearing to the applicant and pass
appropriate orders within ninety days of the receipt of application.
12.
Offences and trial.___ (1) Whosoever commits attempts or abets breach of
national security shall deem to have committed an offence under this
Act and shall be liable to punishment of imprisonment of either description for
a term which may extend up to twenty-five years,
Explanation.___For the purposes of this section breach of national
security means if any person including an employee in the service of the
Authority or the Strategic Organizations acts in a manner which is prejudicial to the security or
integrity or stability of Pakistan or attempts or commits the breach of
confidentiality or leakage of secured information directly or indirectly and or.
in any way acts or conducts himself, that endangers the security or secrecy
of any aspect of the programmes or project or activities under the Authority.
(2) If
any employee of the Authority or the Strategic Organizations commits any
offence listed in the Schedule of the Act, he shall deem to have committed an
offence under the Act:---
Provided
that nothing herein shall prevent the criminal or other proceedings against an employee under the
Pakistan Army Act, 1952 (XXXIX of 1952), Pakistan Navy Ordinance 1963(XXXV of
1963) and the Pakistan Air Force Act, 1953 (VI of 1953), to whom the
concerned Act or the Ordinance, as the case may be, is applicable.
(3) The
investigation and prosecution of the offences under the Act, wherever
appropriate, shall be carried out under the authority of Director General
Strategic Plans Division or by any official duly designated by him or by any
other person or agency under any other law, authorized to do so and such person
shall have all the powers of an official incharge of the Police Station as are
entrusted under the Code of Criminal Procedure, 1898 (Act V of 1898).
(4) In
the event of, suspicion regarding matter relating to proliferation National
Command Authority will appoint a Standing Committee, constituted from amongst
its members and other individuals as deemed necessary, which will inquire and
investigate matters on this account.
13.
Jurisdiction. A Session Judge
notified by the Federal Government shall have the jurisdiction to try offences
under this Act.
14.
Industrial Relations Act 2008 (IV of 2008) not to apply to employees of
Authority. Nothing contained in
the Industrial Relations Act, 2008 (IV of 2008) shall apply to or in relation
to the employees in the service of the Authority and the Strategic
Organizations.
15.
Power to make Rules. The Authority may make
rules for carrying out the objectives of this Act.
16.
Amendments in the Schedule. On the recommendation
of the Authority, the Federal Government, may by notification in the official
Gazette, amend the Schedule to this Act.
17.
Funds of the Authority. Ministry of Finance
shall ensure provision of funds in local and foreign currencies to the
Authority through Strategic Plans Division.
18.
Declaration of fidelity and secrecy. All officers,
employees, advisors, consultants and any other person appointed by the
Authority in connection with the affairs of the Authority and affairs of the
Strategic Organizations coming under the control and management of the
Authority shall execute declaration of fidelity and secrecy in a prescribed
manner.
19.
Savings. (1) All orders and
directions issued, proceedings taken, appointments made including secondments
and deputations, and acts done by the Authority, or by any person, authorized
by the Authority and taken in respect of employees in the service of the
Authority and Strategic Organizations, which were made, taken or done since the
establishment of the .Authority, shall be deemed to be and always to
have been validly made, taken or done and shall not be called in question in
any Court or forum on the ground whatsoever.
(2) All
inquiries undertaken, authorized, carried out, or continuing, shall deem to
have been validly carried out and those continuing shall deem to be carried out
under the present Act.
(3) All
rules, regulations, procedures made and already applicable to the employees,
establishments, installations and sites etc., of the Authority and the
Strategic Organizations shall deem to have been validly made and shall continue
as the rules, regulations and procedures made under the Act.
(4)
Anything done, actions taken, orders passed, instruments made, notifications
issued, agreements , made, proceedings initiated, processes or communications
issued, powers conferred, assumed or exercised, by the Authority or its
officers on the 12th April, 2008 and before the commencement of this Act shall be
deemed to have been validly done, made,
issued, taken, initiated, conferred, assumed and exercised and the provisions
of this Act shall have, and shall be deemed always to have had effect
accordingly.
20. Indemnity. No suit, prosecution or other legal proceedings shall
lie against the Authority, the Chairman, Member and employees in respect of
anything which is done in good faith or intended to be done under this
Ordinance or the rules, instruction or directions made or issued there under.
21. Act to override other laws. The provision of this Act shall have effect
notwithstanding anything to the contrary contained in any law for the time
being in force particularly the Civil Servants Act, 1973 (LXXI of 1973) or
Pakistan Atomic Energy Commission Ordinance, 1965 (XVII of 1965), or the
Pakistan Space and Upper Atmosphere Research Commission Ordinance; 1981(XX of
1981) or any other law or rules made there under for the time being in force
and applicable to Strategic Organizations.
22. Jurisdiction barred.Save as provided under this Act, no order made or
proceeding taken under this Act, rules or regulations made there under by the
Competent Authority or any officer or Authority authorized by it shall be
called in question in any Court or administrative tribunal and no injunction
shall be granted by such Court or tribunal in respect of any decision made or
proceedings taken in pursuance of any power conferred by or under this Act,
rules or regulations made there under.
23. Removal of Difficulties. If any difficulty arises is giving effect to the
provisions of this Act, the Chairman may make such orders, as may be deemed
necessary for the purpose of removing the difficulty.
SCHEDULE
[See section 12(2)]
1. Offences under the
2.Offences under the Import and Export
(Control) Act, 1950 (XXXIX of 1950).
3. Offences under the
4. Offences under the Export Control on
Goods, Technologies, Material and Equipment Related to Nuclear and Biological
Weapons and Their Delivery Systems Act, 2004 (V of 2004).
5. Offences under the
6. Offences under the Official Secretes
Act, 1923 (XIX of 1923).
7. Offences under the Explosive
Substances Act, 1908 (VI of 1908).
8.Offences under, the High Treason
Punishment Act, 1973 (LXVIII of 1973).
9. Offences under the Prevention of
Anti-National Activities Act 1974 (VII of 1974).
10. Offences under
the National Accountability Ordinance, 1999 (XVIII of 1999).
11. Offences under the Prevention of
Corruption Act, 1947 (II of 1947).
12. Offences under the Customs Act,
1969 (IV of 1969).
13. Offences under the Anti-Money
Laundering Ordinance, 2007.
14. Offences under the Anti-Terrorism
Act, 1997 (XXVII of 1997).
15. Offences under the Explosives Act,
1884 (IV of 1884).
16. Offences under the Security of
17. Offences under the Surrender of
Illict Arms Act, 1991 (XXI of 1991).
18. Offences under the Arms Act, 1878
(XI of 1878).
19. Offences under the
20. Offences under the
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