{ "schema_version": "qanun-law-text/1", "id": "pk-code-21c717a7bb8edb88", "title": "National Command Authority (NCA) Act, 2010", "source_collection": "Federal", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://pakistancode.gov.pk/alpha/UY2FqaJw1-apaUY2Fqa-apaUY2Npa5pn-sg-jjjjjjjjjjjjj", "version": null, "source_snapshot": null, "legal_status": "not independently verified", "text_quality": "Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "d0863f29330c210fda45e1fb9bff6ec0edc1f23c064a848d80a8fc9f625a8d8f", "source_sha256": "d0863f29330c210fda45e1fb9bff6ec0edc1f23c064a848d80a8fc9f625a8d8f", "text_version_id": "law:pk-code-21c717a7bb8edb88:sha256:d0863f29330c210fda45e1fb9bff6ec0edc1f23c064a848d80a8fc9f625a8d8f", "quality_flags": [], "encoding": "UTF-8", "text": "Page 1 of 9 \r\n \r\n \r\n \r\nTHE NATIONAL COMMAND AUTHORITY ACT, 2010 \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n CONTENTS \r\n______ \r\n \r\n \r\nSECTIONS: \r\n \r\n1. Short title, commencement, application and extent. \r\n2. Definitions. \r\n3. Establishment of the Authority. \r\n4. Powers of the Chairman. \r\n5. Secretariat of the Authority. \r\n6. Meetings of the Authority. \r\n7. Powers and functions of the Authority. \r\n8. Strategic Organizations. \r\n9. Employees of Authority. \r\n10. Powers of inquiry and investigation etc. \r\n11. Appellate Authority. \r\n12. Offences and trial. \r\n13. Jurisdiction. \r\n14. Industrial Relations Act, 2008 (IV of 2008) not to apply employees of Authority. \r\n15. Power to make Rules. \r\n16. Amendments in the Schedule. \r\n17. Funds of the Authority. \r\n18. Declaration of fidelity and secrecy. \r\n19. Savings. \r\n20. Indemnity. \r\n21. Act to override other laws. \r\n22. Jurisdiction barred. \r\n23. Removal of Difficulties. \r\nSchedule \r\n \r\n \r\nUpdated till 16-2-2022 \r\n \r\n \r\nPage 2 of 9 \r\n \r\nNATIONAL COMMAND AUTHORITY ACT, 2010 \r\nACT No. V OF 2010 \r\n[11th March, 2010] \r\nAn Act to provide for the constitution and establishment of National Command \r\nAuthority \r\nWHEREAS, it is necessary and expedient to establish an Authority for complete command \r\nand control over research, development, production and use of nuclear and space technologies and \r\nother related applications in various fields and to provide for the safety and security of all pe rsonnel, \r\nfacilities, information, installations or organizations and ot her activities or matters connected \r\ntherewith or ancillary thereto; \r\nIt is hereby enacted as follows:___ \r\n1. Short title, commencement, application and extent. ___(1) This Act may be calle d the \r\nNational Command Authority Act, 2010. \r\n(2) This Act shall come int o force at once and shall be deemed to have taken effect on the \r\n13th December, 2007. \r\n(3) It extends to the whole of Pakistan and shall apply to any person who commits any \r\noffence under this Act, wherever, he may be. \r\n2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,___ \r\n(a) “Authority” means the National Command Authority established under section \r\n3 of this Act; \r\n \r\n(b) “Chairman” means the Prime Minister of the Islamic Republic of Pakistan; \r\n \r\n(c) “employee” means any o fficial, employee etc., whether in the service of the \r\nAuthority or the Strategic Organizations, serving or retired and includes those \r\non deputation or secondment within Pakistan or abro ad, and those studying \r\nabroad; \r\n \r\n(d) “Strategic Organization” means such body notified by the Authority to be a \r\nStrategic Organization and includes Pa kistan Atomic Energy Commission Dr. \r\nA.Q. Khan Research Laboratories (KRL) and Space and Upper Atmosphere \r\nResearch Commission; and \r\n \r\n(e) “prescribed” means prescribed by rules under the Act; \r\n3. Establishment of the Authority .___(1) The National Command Authority already \r\nestablished by the competent authority shall deem to be the Authority established under this Act. \r\n(2) The authority shall be having perpetual succession and a comm on seal with powers, \r\nsubject to the provisions of this Act, to hold and dispose of the property both movable and \r\n \r\nPage 3 of 9 \r\n \r\nimmovable and shall by the said name sue and be sued. \r\n(3) The Chairman of the Authority shall be the Prime Minister of Pakistan. \r\n(4) The other members of the Authority shall be the,___ \r\n(a) Minister for Foreign Affairs; \r\n(b) Minister for Defence; \r\n(c) Minister for Finance; \r\n(d) Minister for Interior; \r\n(e) Chairman Joint Chiefs of Staff Committee; \r\n(f) Chief of Army Staff; \r\n(g) Chief of Naval Staff; and \r\n(h) Chief of Air Staff. \r\n(5) The Director General Strategic Plans Division shall act as the Secretary of the Authority. \r\n(6) The National Command Authority shall form such committees and entities as it may deem \r\nfit in order to regulate matters relating to the objects and purposes of this Act. \r\n(7) The National Command Authority shall supervise the functions and administration of all \r\nthe Strategic Organizations. \r\n4. Powers of the Chai rman.___All the powers and functions shall rest with the National \r\nCommand Authority on whose behalf, the Chairman will, exercise these powers and functions who \r\nmay in consultation with National Command Authority and subject to such limitations as he may \r\nspecify, delegate any of these powers and functions to Chairman Joint Chiefs of Staff Committee and \r\nDirector General Strategic Plans Division, who may further sub-delegate the same to any employee. \r\n5. Secretariat of the Authority .___The Strategic Plans Divis ion shall function as the \r\nSecretariat of the Authority and shall be hea ded by a Director General to be appointed by the \r\nChairman, on the recommendation of the Chairman Joint Chiefs of the Staff Committee. The \r\nDirector General shall be a serving Lieutenant General who may continue after retirement for \r\ncompletion of assigned projects. \r\n6. Meetings of the Authority .___(1) The Authority shall meet at such time and place and in \r\nsuch manner as may be prescribed. \r\n(2) The Authority may, if required, invite any head of the Strategic Organization, or any \r\nperson or an expert etc., to participate in its meetings. \r\n 7. Powers and functions of the Authority. —The Authority shall have the powers to \r\nperform all such functions that are necessary to implement the objects and pu rposes of this Act \r\nwhich include, without being limited, to the following, namely:— \r\n \r\nPage 4 of 9 \r\n \r\n(a) to exercise complete command and control over all nuclear and space related \r\ntechnologies, systems and matters; \r\n(b) to supervise, manage and co-ordinate the administration, management, control \r\nand audit of budget, programmes and projects etc., of the Strategic \r\nOrganizations; \r\n(c) to authorize undertaking of specialized scientific and technological work; \r\n(d) to 1[determine and provide for the] terms and conditions of th e employees \r\nincluding but not limited to, appointments, removals, promo tions, transfers, \r\nintegrity and reliability assessment and other related matters 1[as it may deem \r\nfit and proper in the interests of the Authority]; \r\n(e) to create classification amongs t employees based on the sensitivity of the \r\nfunctions, nature of assign ment, security considerations and in the in terest of \r\nsecurity of Pakistan; \r\n(f) to take measures regarding employees in respect of their movement, \r\ncommunication, privacy, assembly of as sociation, in the public interest or in \r\nthe interest of integrity, secu rity or defence of Pakistan or friendly relations \r\nwith foreign states and public order; \r\n(g) to place such restrictions and limitation on the employees that are necessary in \r\nthe interest of the confidentiality of the functions, assignments, jobs etc., being \r\nperformed by the said employees or the class of employees; \r\n(h) to ensure security and safety of nuclear establishments, nuclear materials and \r\nto safeguard all information and technology relating to said matters; \r\n(i) to ensure security and safety of est ablishments and facilities etc., of the \r\nStrategic Organization; \r\n(j) to render security and ensure safety of serving or retired employees or any \r\nother person; \r\n(k) Authorize possession and use of fire arms to security force personnel who are \r\nin the service of the Authority; \r\n(1) to take actions, issue appropriate orders and instructions as it may deem fit or \r\nin order to advance or achieve the purposes of its establishment and in order to \r\nfacilities the performance of actions or functions that are incidental and \r\nancillary thereto; \r\n(m) take implementing measures and assist the Federal Government pursuant to \r\nany obligation on Pakistan relating to non -proliferation, safety, security \r\naccidents, terrorism and any other related matters; \r\n \r\n1 Subs. and added by Act No. LI of 2016, s.2. \r\n \r\nPage 5 of 9 \r\n \r\n(n) to take measures in respect of the movement, communication and interaction \r\netc., of any employee or person who is suspected of an attempt to commit an \r\noffence under this Act; \r\n(o) to carry out the functions of fact finding, inquiry , investigation, prosecution \r\netc., of offences under the Act and to that end authorize any official of the \r\nAuthority or entrust any or all of the said functions to any official outside the \r\nAuthority partly or fully, as the case may be; \r\n(p) to declare appl ication of any other existing law, provisions of law, rules, \r\nregulations etc., to its employees, procedures, establishment, sites, building, \r\nlands, assets, equipments, partly or fully, as the case may be; \r\n(q) to acquire property movable or immovable in its own name or in the name of a \r\ndesignated official or a Strategic Organization; and \r\n(r) to enter into agreements, contracts and other like transactions. \r\n8. Strategic Organizations .___All the Organizations working under the control, regulations \r\nand directi ons of the Authority and such bodies as may be notified by the Authority shall be the \r\nStrategic Organizations under this Act. \r\n9. Employees of Authority .___(1) Notwithstanding anything contained in any other law, \r\njudgment of any court or tribunal for the ti me being in force or any procedure etc., hitherto followed \r\nby the Authority, all employees and officials working in the Strategic Organizations upon \r\nnotification of the said Organizations, under section 8, shall within immediate effect be deemed to be \r\nthe employees in the service of the Authority: \r\nProvided that no employee shall be treated on terms and conditions less favourable to the \r\nones which he was availing as per his terms and conditions of employment. \r\n(2) The Authority shall regulate all the matters relating to terms and conditions of the services \r\nof the employees in the service of the Authority, including their appointment and removal, \r\npromotion, transfer, integrity assessment, reliability, security clearance, and other related matters: \r\nProvided that the employees working in the service of the Authority who are subject to the \r\nPakistan Army Act, 1952 (XXXIX of 1952), Pakistan Air Force Act, 1953 (VI of 1953) and Pakistan \r\nNavy Ordi nance 1963 (XXXV of 1963), shall also be governed by this Act and rules made \r\nthereunder: \r\nProvided further that the Pakistan Army Act, 1952 (XXXIX of 1952) shall be made \r\napplicable in respect of employees in the service of the Authority to whom section 2 of the said Act \r\napplies or employees in the service of the Authority for w hom a notification under section 8 of the \r\naforesaid Act is issued. \r\n(3) The Authority shall categorize the nature of service of the employees on the basis of the \r\nsensitivity of the func tions and then shall frame rules, criterion , assessment basis for each s et of \r\nemployees and no employee shall have a vested right for any post, assignment , emoluments, \r\npromotion, privileges, transfer, deputation etc. \r\n \r\nPage 6 of 9 \r\n \r\n10. Powers of inquiry and investigation etc.___(1) The Director General Strategic Plans \r\nDivision or any ' official authorized by him may order fact finding inquiry or investigation of any \r\nsuspicious conduct or violation of any rule, regulation, procedures, direction or orders issued \r\npursuant to this Act. \r\n(2) During the said inquiry or investigation, Director General Strategic Plans Division shall \r\nhave the power to order any measure or step that may be necessary in the interest of national security \r\nor to prevent the consequences of the violation etc. \r\n(3) The Director General Strategic Plans Division may upon receiving the report of the said \r\ninquiry or investigation may recommend to the Authority to impose any penalty or penalties under \r\nthe service rules. \r\n11. Appellate Authority.___(1) Any employee if aggrieved by any order, action or inaction in \r\nrespect of his terms and conditions of service in the Authority may in accordance with the prescribed \r\nrules, prefer an appeal to the prescribed Appellate Authority. \r\n(2) The Appellate Authority may provide pe rsonal hearing to the applicant and pass \r\nappropriate orders within ninety days of the receipt of application. \r\n12. Offences and trial .___(1) Whosoever commits , attempts or abets breach of national \r\nsecurity shall deem to have committed an offenc e under this Act and shall be liable to punishment of \r\nimprisonment of either description for a term which may extend upto twenty five years. \r\nExplanation.___For the purposes of this section breach of national security means if any \r\nperson including an employee in the ser vice of the Authority or the Strategic Organizations acts in a \r\nmanner which is prejudicial to the security or integrity or stability of Pakistan or attempts or commits \r\nthe breach of confidentiality or leakage of secured information directly or indirectly or in any way \r\nacts or conducts himself, that endangers the security or se crecy of any aspect of the programmes or \r\nprojects or activities under the Authority. \r\n(2) If any employee of the Authority or the Strategic Organizations , commits any offence \r\nlisted in the Schedule of the Act, he shall deem to have committed an offence under the Act: \r\nProvided that nothing herein shall prevent the criminal or other proceedings against an \r\nemployee under the Pakistan Army Act, 1952 (XXXIX of 1952), Pakistan Navy Ordinance \r\n1963(XXXV of 1963) an d the Pakistan Air Force Act, 1953 (VI of 1953), to whom the concerned \r\nAct or the Ordinance, as the case may be, is applicable. \r\n(3) The investigation and prosecution of the offences under the Act, wherever appropriate, \r\nshall be carried out under the authority of Director General Strategic Plans Division or by any \r\nofficial duly designated by him or by any other person or agency under any other law, authorized to \r\ndo so and such person shall have all the powers of an official incharge of the police station as are \r\nentrusted under the Code of Criminal Procedure, 1898 (Act V of 1898). \r\n(4) In the event of, suspicion regarding matter relating to proliferation National Command \r\nAuthority will appoint a Standing Committee, constituted from amongst i ts members and other \r\nindividuals as deemed necessary, which will inquire and investigate matters on this account. \r\n13. Jurisdiction .___A Session Judge notified by the Federal Government shall have the \r\njurisdiction to try offences under this Act. \r\n \r\nPage 7 of 9 \r\n \r\n14. Industrial Relations Act, 2008 (IV of 2008) not to apply to employees of Authority.—\r\nNothing contained in the Industrial Relations Act, 2008 (IV of 2008) shall apply to or in relation to \r\nthe employees in the service of the Authority and the Strategic Organizations. \r\n15. Power to make Rules.___The Authority may make rules for carrying out the objectives of \r\nthis Act 1[:] \r\n1[Provided that notwithstanding anything contained in any judgment decree, order, direction \r\nor declaration of any Court including the Supreme Court o f Pakistan or in this Act or in any other \r\nlaw for the time being in force, the rules, instructions or orders already made, or which may be made, \r\nin respect of the employees and strategic organizations of the Authority shall be non-statutory unless \r\napproved by the Federal Government and Published in the Official Gazette of Pakistan.] \r\n16. Amendments in the Schedule .___On the recommendation of the Authority, the Federal \r\nGovernment, may by notification in the official Gazette, amend the Schedule to this Act. \r\n 1[17. Funds of the Authority .___The Federal Government shall ensure prov ision of funds \r\nand make contributions in local and foreign currencies to the Authority through Strategic Plans \r\nDivision as may be necessary to the Authority.] \r\n18. Declaration of fideli ty and secrecy.—All officers, employees, advisors, consultants and \r\nany o ther person appointed by the Authority in connection with the affairs of the Authority and \r\naffairs of the Strategic Organizations coming under the control and management of the Authori ty \r\nshall execute declaration of fidelity and secrecy in a prescribed manner. \r\n19. Savings. ___(1) All orders and directions issued, proceedings taken, appointments made \r\nincluding secondments and deputations, and acts done by the Authority, or by any person, authorized \r\nby the Authority and taken in respect of employees in the ser vice of the Authority and Strategic \r\nOrganizations, which were made, taken or done since the establishment of the Authority, shall be \r\ndeemed to be and always to have been validly made, taken or done and shall not be called in question \r\nin any court or forum on the ground whatsoever. \r\n(2) All inquiries undertaken, authorized, carried out, or continuing, shall deem to have been \r\nvalidly carried out and those continuing shall deem to be carried out under the present Act. \r\n(3) All rules, regulations, procedures made and already applicable to the employees, \r\nestablishments, installations and sites etc., of the Authority and the Strategic Organizations shall \r\ndeem to have been validly made and shall continue as the rules, regulations and procedures made \r\nunder the Act. \r\n \r\n1 Subs. and added by Act No. LI of 2016, ss.3 and 4. \r\n \r\n \r\n \r\nPage 8 of 9 \r\n \r\n(4) Anything done, actions taken, orders passed, instruments made, not ifications issued, \r\nagreements made, proceedings initiated, processes or communications issued, powers conferred, \r\nassumed or exercis ed, by the Authority or its officers on the 12th April, 2008 and before the \r\ncommencement of this Act shall be deemed to have been validly done, made, issued, taken, initiated, \r\nconferred, assumed , and exercised and the provisions of this Act shall have, and shall be deemed \r\nalways to have had effect accordingly. \r\n20. Indemnity. ___No suit, prosecution or other legal proceedings shall lie against the \r\nAuthority, the Chairman, Member, and employees in respect of anything which is done in good faith \r\nor intended to be done under this Act or the rules, instruction or directions made or issued there \r\nunder. \r\n21. Act to override other laws.—The provision of this Act shall have effect notwithstanding \r\nanything to the contrary contained in any law for the time being in force particularly the Civil \r\nServants Act, 1973 (LXXI of 1973) or Pakistan Atomic Energy Commission Ordinance, 1965 (XVII \r\nof 1965), or the Pakistan Space and Upper Atmosphere Research Commission Ordinance, 1981(XX \r\nof 1981) or any other law or rules made there u nder for the time being in force and applicable to \r\nStrategic Organizations. \r\n22. Jurisdiction barred .___Save as provided under this Act, no order made or proceeding \r\ntaken under this Ac t, rules or regulations made there under by the Competent Authority or an y \r\nofficer or Authority authorized by it shall be called in question in any court or administrative tribunal \r\nand no injun ction shall be granted by such c ourt or tribunal in respect of any decision made or \r\nproceedings taken in pursuance of any power conferre d by or under this Act, rules or regulations \r\nmade there under. \r\n 23. Removal of Difficulties.—If any difficulty arises is giving effect to the provisions of this \r\nAct, the Chairman may make such orders, as may be deemed necessary for the purpose of removing \r\nthe difficulty. \r\n \r\n____________ \r\n \r\nSCHEDULE \r\n[See section 12(2)] \r\n1. Offences under the Pakistan Penal Code, 1860 (XLV of 1860). \r\n2. Offences under the Import and Export (Control) Act, 1950 (XXXIX of 1950). \r\n3. Offences under the Pakistan Nuclear Regu latory Authority Ordinance, 2001 (III of \r\n2001). \r\n \r\n4. Offences under the Export Control on Goods, Technologies, Material and Equipment \r\nRelated to Nuclear and Biological Weapons and Their Delivery Systems Act, 2004 (V \r\nof 2004). \r\n \r\n5. Offences under the Pakistan Arms Ordinance, 1965 (XX of 1965). \r\n6. Offences under the Official Secretes Act, 1923 (XIX of 1923). \r\n \r\nPage 9 of 9 \r\n \r\n7. Offences under the Explosive Substances Act, 1908 (VI of 1908). \r\n8. Offences under the High Treason Punishment Act, 1973 (LXVIII of 1973). \r\n9. Offences under the Prevention of Anti-National Activities Act 1974 (VII of 1974). \r\n10. Offences under the National Accountability Ordinance, 1999 (XVIII of 1999). \r\n11. Offences under the Prevention of Corruption Act, 1947 (II of 1947). \r\n12. Offences under the Customs Act, 1969 (IV of 1969). \r\n13. Offences under the Anti-Money Laundering Ordinance, 2007. \r\n14. Offences under the Anti Terrorism Act, 1997 (XXVII of 1997). \r\n15. Offences under the Explosives Act, 1884 (IV of 1884). \r\n16. Offences under the Security of Pakistan Act, 1952 (XXXV of 1952). \r\n17. Offences under the Surrender of Illict Arm Act, 1991 (XXI of 1991). \r\n18. Offences under the Arms Act, 1878 (XI of 1878). \r\n19. Offences under the Pakistan Space and Upper Atmosphere Research Commission \r\nOrdinance, 1981 (XX of 1981). \r\n \r\n20. Offences under the Pakistan Atomic Energy Commission Ordinance, 1965 (XVII of \r\n1965). \r\n \r\n \r\n \r\n__________", "passage_offset_convention": "zero-based Unicode code points and UTF8 bytes; end exclusive", "passages": [ { "passage_id": "law:pk-code-21c717a7bb8edb88:sha256:d0863f29330c210fda45e1fb9bff6ec0edc1f23c064a848d80a8fc9f625a8d8f:chars-0-1758:82fa845b526b815427e63d19276243eb07c2831552379d63f54a5f9672253b39", "character_start": 0, "character_end": 1758, "utf8_byte_start": 0, "utf8_byte_end": 1758, "passage_sha256": "82fa845b526b815427e63d19276243eb07c2831552379d63f54a5f9672253b39", "reader_fragment": "p-0-1758-82fa845b526b8154" }, { "passage_id": "law:pk-code-21c717a7bb8edb88:sha256:d0863f29330c210fda45e1fb9bff6ec0edc1f23c064a848d80a8fc9f625a8d8f:chars-1758-3542:7c5a067beebd1bc4dcdd77d897625c7cd707fa831f84d1adfc9ed03110b39a1e", "character_start": 1758, "character_end": 3542, "utf8_byte_start": 1758, "utf8_byte_end": 3564, "passage_sha256": 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