The National Database and
Registration Authority Ordinance, 2000
ORDINANCE VIII OF 2000
An Ordinance
to provide for the establishment of the National Database and Registration
Authority so as to facilitate the registration of all persons and the establishment
and maintenance I of multipurpose databases, data warehouses, networking,
interfacing of databases and related facilities.
[Gazette of Pakistan
F.No.2
(l)/2000-Pub., dated 10-3-2000. “The following Ordinance made by the President
is hereby published for general information:---
Whereas it is expedient and necessary to provide for the
registration of all persons and for the establishment and maintenance of
multipurpose databases, data warehouses, networking, interfacing of databases
and related facilities and services and matters connected therewith and
ancillary thereto;
And whereas a new, improved and modernized registration and database
system is the emergent need of time for its multiple beneficial uses and applications
in efficiently and effectively running the affairs of the State and the general
public thereby achieving the goals of good governance, public service and
minimizing scope for corruption and inefficiency;
And whereas it is expedient to establish the National Database and
Registration Authority be established to achieve the aforesaid objectives;
And whereas the National Assembly and the Senate stand suspended in
pursuance of the Proclamation of Emergency of the fourteenth day of October,
1999, and the Provisional Constitution Order No. l of 1999;
And whereas the President is satisfied that circumstances exist which
renders it necessary to take immediate action;
Now, therefore, in pursuance of the aforesaid Proclamation of the
fourteenth day of October 1999, and the Provisional Constitution Order No. 1 of
1999, as well as Order No. 9 of 1999, and in exercise of all other powers
enabling him in that behalf, the President of the Islamic Republic of Pakistan
is pleased to make and promulgate the following Ordinance:---
CHAPTER
– I
GENERAL
1. Short
title, extent, commencement.-(l) This Ordinance may called the National
Database and Registration Authority Ordinance, 2000.
2. It
extends to the whole of Pakistan
3. It
shall come into force at once.
2.
Definitions.—In this Ordinance, unless there is anything repugnant in
the subject or context,—
(a)
“Alien Registration Card” means a card issued under section 11
(b)
“Authority” means the National Database and Registration Authority
established under section 3;
(c)
“Card” means any card issued or deemed to be issued under this
Ordinance;
(d)
“Chairman” means the Chairman of the Authority;
(e)
“Citizen” means a person who is, or is deemed to be a citizen Pakistan
(f)
“Emigrant” means a person who is an emigrant under it Emigration
Ordinance, 1979 (XVIII of 1979);
(g)
“Foreigner” means a person who is not a citizen;
(h)
“Member” means a member of the Authority and, where the context so
admits, includes the Chairman;
(i)
“National Data Form” means the National Data Form issued by the
Planning Commission of the Federal Government during the National Census held
in the year 1998 under the Census Ordinance, 1959 (X of 1959);
(j)
“National Database Organization” means the National Database
organization established pursuant to the Interior Division's Notification No.
F.10/3/98-C.I (NDO) dated the 15th May, 1998 read with Interior Division's
Notification No. 10/3/98-C.II (NDO), dated 19th August, 1998;
(k)
“National Identity Card” means a card issued under .subsection (1) of
section 14 and, where the context so admits, includes an identity card
issued under the National Registration Act, 1973 (LVI of -1973)
(l)
“Overseas Identity Card” means a card issued under section 12;
(m)
“Pakistan Origin Card” means a card issued under section 11;
(n)
“Prescribed” means prescribed by rules;
(o)
“Registration Officer” means the Director General or a Director or a
Deputy Director or Assistant Director or District Registrar or Registrar or
inspector, appointed or deemed to have been appointed under section 35 and
includes, subject to and for the purposes of section 37, any person to whom the
powers of any such officer are delegated or deemed to have been delegated under
this Ordinance;
(p)
“Registration Organization” means both the Registration organization and
the Directorate General of Registration as in rules made under the National
Registration Act, 1973 (LVI of 1973);
(q)
“Regulations” means regulations made under this Ordinance;
(r)
“Rules” means rules made under this Ordinance; and
(s)
“Thing” or “things” and includes all animate or inanimate things,
plants, animals, objects, substances, items, concepts, ideas, laws, customs,
qualities, signs, symbols, circumstances, affairs, events, acts, deeds, works,
transactions, documents, pieces of movable or immovable property, tangible or
intangible property, rights, privileges, duties, entities, living or nonliving
beings other than a human being and anything that can be possessed, In or
owned, or explained, whether known or unknown.
CHAPTER – II
ESTABLISHMENT OF THE AUTHORITY
3.
Establishment of the Authority — (1) As
soon as may be, but not lit later than thirty days after the commencement of
this Ordinance, the Federal Government shall, by notification in the Official
Gazette, establish an Authority to be known as the National Database and
Registration Authority for carrying out the purposes of this Ordinance.
(2)
The Authority shall be a body corporate, with power to acquire, hold and
dispose of property, having perpetual succession and a common seal and shall by
that name sue and be sued.
(3) The
Authority shall consist of a Chairman, also to be called the Registrar General
of Pakistan
Provided that till such time the
Authority is established the Chairman may exercise the powers and perform the
functions of the Authority.
(4) No
person shall be appointed as the Chairman or a member if he has been declared
insolvent, or convicted for an offence involving moral; turpitude, or declared
to be disqualified from employment in, or dismissed from Government Service.
(5) The
Chairman and a member shall, unless he resigns or is removed from office
earlier as hereinafter provided, hold office for a term of three years and
shall be eligible for re-appointment for such shorter term not exceeding one
year as the Federal Government may determine:
Provided that a Chairman or a member shall retire on attaining the age of
sixty-five years.
(6) In case
of vacancy occurring due to death, resignation or removal of the Chairman or a
member, the Federal Government shall within a period not exceeding sixty days,
appoint another qualified person to fill such vacancy.
(7) The
Chairman shall be an eminent professional of known integrity and competence
with substantial experience in the field of computer science, engineering,
statistics, demography, law, business, management, finance, accounting,
economics, civil or military administration, or the field of registration.
(8) Every
member shall also be a person of known integrity and competence with sufficient
experience in the field of computer sciences, engineering, statistics, demography,
law, business, management, finance, accounting, economics, civil or military
administration, or the field of registration:
Provided that not more than two members, including the Chairman, at any
given time may be appointed from amongst eligible serving or retired officers
of the authority or the Registration Organization.
(9) No act
or proceeding of the authority shall be invalid by reason only of the existence
of a vacancy in, or defect in the constitution of the Authority.
(10) The principal
office of the Authority shall be at Islamabad
and it may set up offices at such place or places as it may deem appropriate:
Provided that all offices including
the District Registration Offices, other offices, counters and any other
formation of the Registration Organization as well as that of the National
Database Organization alongwith their entire respective record, shall become
and be deemed to be the offices, the District Registration Offices, other
offices, counters and other formations of the Authority respectively alongwith
such record.
(11) The Chairman or a
member may, by writing under his hand, resign from his office:
Provided that his resignation shall not take effect until accepted by the
Federal Government.
(12) The Federal
Government may remove the Chairman or any member from office if-
(a) Upon an
inquiry, he is found incapable of performing the functions of his office by
reason of mental or physical incapacity or has been found guilty of misconduct;
or
(b) After
his appointment he is disqualified from being so appointed as provided in
subsection (4).
4.
Meetings of the Authority etc. - (1) The
meetings of the Authority shall be presided over by the Chairman and, in his
absence, by such member attending a meeting who is most senior to other
members.
(2) Three
members shall constitute a quorum for a meeting of the Authority requiring a
decision by the Authority.
(3) The
members shall have reasonable notice of the time and place of the meeting and
the matters on which a decision by the authority shall be taken in such
meeting.
(4) The
decisions of the Authority shall be taken by the majority of” its members
present, and in case of a tie, the member presiding a meeting shall have a
casting vote.
(5) All
orders, determinations and decisions of the Authority shall-be taken in writing
and shall identify the determination or decision of the Chairman and each
member separately.
CHAPTER-III
PURPOSE, OBJECTS, FUNCTIONS AND POWERS
5.
Purpose, objects, functions and powers of the
Authority.— (1) The purpose and objects of the Authority shall be to
formulate and implement policies and plans for-
(a) The
development and establishment of an improved and modernized system of
registration in the country through appropriate means including technologically
advanced, effective and efficient means like computerization, automation,
creation of databases, data warehousing, networking, interfacing of databases
and related facilities and services;
(b) The
broadening of the registration base to bring within its purview all persons and
things, wherever and whatever they may be, to the extent and in the manner laid
down in this Ordinance; and;
(c) The
establishment and maintenance of multi-purpose databases, data warehousing,
networking, and interfacing of databases and related facilities and services.
(2) The
purposes of developing, establishing or maintaining a registration or database
system may include facilitation of identification, planning, or any other
purpose permitted by law
(3) The
Authority may take such measures and exercise such powers and perform such
functions as it considers necessary for carrying out the purposes of this
Ordinance.
(4) In
particular and without prejudice to the generality of the foregoing powers and
functions, the Authority—
(a) May
develop and maintain, or cause to be developed and maintained, registration
systems, automated or otherwise, in the prescribed manner for such class or
classes of persons wherever they may be including citizens, foreigners and
emigrants, and for such things whatever they may be prescribed;
(b) May
issue or renew, or cause to be issued or renewed, to any prescribed class or
classes of persons, including citizens, foreigners and emigrants, or to any
prescribed class or classes of things, who have got themselves, or who or which
have been, registered in the prescribed manner issued cards in the prescribed
form and manner and on such criteria and for such period of validity thereof on
such terms and conditions as may be prescribed and may receive applications
therefor in the prescribed form;
(c) Shall
establish and maintain, or cause to be established and maintained, such
prescribed or other multipurpose databases, data warehouses, networking,
interfacing of databases and related facilities and services in relation to any
class or classes of persons or things for carrying out the purposes of this
Ordinance and, in this behalf, exercise all such powers and perform all
functions under this section and subsection (3) of section 6;
(d) Shall
ensure and provide by regulations for the due security, secrecy and necessary
safeguards for protection and confidentiality of data and information contained
in the registration and database systems developed, established or maintained,
or so caused to be developed, established or maintained, under this Ordinance
including any database, data warehouse and networking infrastructure;
(e) Shall
prepare and submit annual reports to the Federal Government in respect of
performance and exercise of its functions, powers and its achievements;
(f)
Shall perform any other function and exercise any other power as may be
entrusted to or vested in the authority by the Federal Government which is
supplemental, incidental or consequential to any of the aforesaid powers and
functions and the objects and purpose of the authority;
(g) May
prescribe and enforce by regulations, and shall be exclusively responsible for
so prescribing and enforcing, standards for establishment and maintenance of
databases, data warehouses, networking, interfacing of databases and related
facilities and services and allied matters in all entities, agencies, bodies,
departments, offices, commissions, boards, or other formations established,
funded, controlled, or administered by the Federal Government in order to
achieve the optimum utilization and application of such databases, data
warehouses, networking, interfacing of databases and related facilities and
services or the registration systems based thereon, if any:
(h) May
charge the prescribed fees or other sums for its services and other
transactions, operations and matters including fees or other sums charged for
registration, or received for or in relation to the issuance or renewed of
cards, or for provision of any information or report, automated or otherwise,
to any Governmental, private or any other person or entity from its databases;
(i)
May cause research, studies, surveys, experiments and other investigations to
be made or contribute towards the cost of any such research, studies, surveys,
experiments or other investigations made by any person or entity in relation to
the purpose and objects of the Authority;
(j) May
seek advice and assistance for carrying out the purposes of this Ordinance from
any governmental or private body, person or entity; and
(k) May
regulate, determine and administer all matters, concerning the Authority and do
all such acts and things which may be necessary for the purpose.
(5) The
Authority may, for carrying out the purposes of this Ordinance, manage and
conduct its affairs, perform any or all of its functions and exercise any or
all of its powers under this Ordinance, especially for the development,
establishment or maintenance of registration and database systems in such
integrated, coordinated or other efficient or effective manner as it may deem
fit to the Authority.
6.
Powers regarding schemes of databases, data warehouses,
networking, interfacing and registration.—(1) The Authority may frame any
scheme, proposal or plan for the development, establishment or maintenance of
registration systems or databases, data warehouses, networking, or interfacing
of databases or related facilities or services, for the diversified optimum
utilization thereof at the national, provincial or other regional or local
level and submit the same for approval of the Federal Government or concerned
Provincial Government or local authority with the following information, namely:--
(a) A
description of the scheme, proposal or plan and the manner of its execution;
(b) An
estimate of costs and benefits, the allocation of costs to the various purposes
to be served by the scheme and the amounts to be repaid by the beneficiaries;
and
(c) Any
other information necessary for taking an informed and reasoned judgment as to
the desirability and feasibility of a scheme, proposal or plan.
(2) The
Federal Government or concerned Provincial Government or local authority may
sanction, refuse to sanction or return for reconsideration any scheme, proposal
or plan submitted to it by the authority and may call for such further details
or information regarding the scheme, proposal or plan, or require such further
examination of the scheme as it may consider necessary.
(3) The
Authority may execute or supervise the execution of any scheme, proposal or
plan sanctioned by the Federal Government or concerned Provincial Government or
local authority and the Authority may”
(a) Incur
any expenditure, procure plant, machinery, equipment, supplies, services,
computer software and hardware and any other materials, equipment or services
required for implementing a scheme, proposal or plan or for the performance of
its functions;
(b) Enter
into and perform all such contracts as it may consider necessary or expedient
including consultancy services contracts;
(c) Acquire
by purchase, lease, exchange or otherwise and dispose of by sale, lease,
exchange or otherwise any movable or immovable property or any interest in such
property; and
(d) Do any
other thing and exercise any other power supplemental, incidental or
consequential to the above functions and powers including the power to take
such measures and exercise such powers as the authority considers necessary or
expedient for carrying out the purposes of this Ordinance.
CHAPTER IV
NATIONAL DATA WAREHOUSES
7.
National Data Warehouses. — (1) The
Authority shall be responsible for : —
(a)
Development and establishment, or causing the development and establishment, of
a central database by collection and collation of multi-faceted data regarding
citizens thereby establishing a database or multipurpose information relating
to citizens to be known as Citizen Database;
(b)
Maintenance, or causing the maintenance, of Citizen Database by all possible
means including enhancement and updation of data by among other things-
(i)
Necessary liaison with different entities, agencies, bodies, commissions,
boards, departments, offices or other formations established, funded,
controlled, or administered by the Federal Government, or any Provincial
Government or local authority; and
(ii) By
continuous stream of inputs from systems of registration of birth, death,
marriage, divorce and any other system of registration or databases, data
warehouses, networking, interfacing and related facilities and services
established or maintained by it;
(c)
Development, establishment and maintenance, or causing the development,
establishment and maintenance, of a central data warehouse, to be known as
National Data Warehouse, based on the data and information extracted from the
Citizen Database as its first and foremost basic input and any or all other
data or information contained in the systems of registration or databases, data
warehouses, networking, interfacing and related facilities and services
established or maintained by it;
(d)
Identification of user and feeder agencies from private and public sector,
including all private persons or entities and entities, agencies, bodies,
commissions, boards, departments, offices or other formations established,
funded, controlled, or administered by the Federal Government or any Provincial
Government or local authority (hereinafter collectively referred to as “user or
feeder agencies” and individually as “user or feeder agency”);
(e)
Establishment and maintenance, or causing the establishment and maintenance, of
interfacing of user or feeder agencies and their respective databases with the
National Data Warehouse;
(f) Data
sharing, data exchange, data interchange, data mining, data cleansing, data
normalization, data summarization, maintenance of historical data and any other
function or process in the National Data Warehouse related to data or
information from the user or feeder agencies, or the Citizen Database, or any
other system of registration, or databases, data warehouses, networking,
interfacing and related facilities and services established or maintained by it;
(g)
Maintenance and continuous updation, or causing the maintenance and continuous
updation, of National Data Warehouse by managing and coordinating flow of
inputs from all 'the sources of data and information;
(h)
Establishment, or causing the establishment, of an intranet-like environment,
to be called National Information Infrastructure, for the purpose of providing
on line access into the National Data Warehouse;
(i)
Provision of requisite access, whether on line or off-line, into National Data
Warehouse to all Government, semi-Government and private institutions in such
manner and for such fee as may be prescribed by regulations; and;
(j)
Ensuring of due security, secrecy and necessary safeguards for protection and
confidentiality of data and information contained in or dealt with by the
National Data warehouse at individual as well as collective level.
(2) The
Authority shall take such measures, exercise such powers and perform such
functions as it considers necessary, expedient, incidental or consequential for
or to the performance of its aforesaid functions and responsibilities In
particular and without prejudice to the generality of the foregoing powers and
functions, the Authority shall have all enabling powers in this behalf as laid
down in section 5 and subsection (3) of section 6.
(3) All
user or feeder agencies shall be responsible for the continuous, timely and
effective updation of their respective databases for the purposes of National
Data Warehouse and shall further be responsible for maintenance of their
respective link with the National Data Warehouse strictly in accordance with as
per the standards and other details as the Authority may, by regulations,
prescribe.
CHAPTER V
REGISTRATION
8.
Registration of persons, etc. - (1) The
Federal Government may by rules provide for the registration of different
persons or classes thereof wherever they may be including citizens, foreigners
and emigrants, and for different things or classes thereof whatever they may be
and along therewith provide for the method of such registration, manner and
form of application to be made therefor, fee or other sum to be charged
therefor.
(2)
Notwithstanding anything contained in any other law for the time being in force
the Federal Government may, by rules, for the purpose of incentivizing
registration of a particular class of persons under this Ordinance, provide for
any right, interest, privilege, benefit, reward or other advantage, tangible or
intangible, available under Pakistan Law, to be extended to, or made available
to or withdrawn from such class of persons required to be registered under this
Ordinance and such right, interest, privilege, benefit, reward or other
advantage shall accordingly become extended, or available 10 or withdrawn from,
as the case may be, to such class of persons.
9.
Registration of citizens.— (1) Every citizen in
or out of Pakistan who has attained the age of eighteen years shall get himself
and a parent or guardian of every citizen who has not attained that age shall,
not later than one month after the birth of such citizen, get such citizen
registered in accordance with the provisions of (his Ordinance:
Provided that the Authority may, on
case-to-case basis, extend the period for registration of a citizen who has not
attained the age of eighteen years:
Provided further that all such
citizens who stand validly registered under any law immediately before the
commencement of this Ordinance shall be deemed to have been registered under
this Ordinance and their registration shall, subject to sections 17, 18 and 30
remain valid till the expiry of two years from the commencement of this
Ordinance, or such time as may be notified by the Federal Government, or till
such time as such citizen is registered afresh as hereinafter provided,
whichever is earlier.
(2) At any
time before the expiry of two years from the date of commencement of this
Ordinance or such period as may be notified under the second proviso to
subsection (1), all citizens registered under the National Registration Act,
1973 (LVI of 1973), the parents or guardians of such citizens, in case of those
who have not attained the age of eighteen years, shall get themselves or them,
as applicable registered afresh under subsection (I):
Provided that any such citizen as
aforesaid who is registered on the basis of his having applied or opted as
provided in the second proviso to subsection (3) shall be deemed to have been
registered.
(3) An
application for registration shall be made in such form and to such person or
forum as the Authority may, by regulations prescribe;
Provided that any application
competently and validly made pursuant to subsection (2) of section 4 of the
National Registration Act, 1973 (LVI of 1973), and pending immediately before
the commencement of this Ordinance shall be deemed to have been made under this
Ordinance.
(4) Any
person having competently and validly applied or opted for obtaining a
computerized identity card by means of, a National Data Form shall be deemed to
have applied under this.
(5) The
Authority may issue to a citizen who has not attained the age of eighteen years
but is registered under subsection (1), such certificate of registration in
such form and manner and containing such information relating to such
registered citizen as may be prescribed.
(6) A
certificate issued under subsection (5) shall be admissible in evidence for the
purpose of proving the identity of, and other information or particulars
contained in such certificate relating to, a citizen to whom such certificate
relates.
CHAPTER VI
CARDS
10. National Identity Cards.—(1) The
Authority shall issue or renew, or cause to be issued or renewed, in such
manner and on terms and conditions, subject to every citizen who has attained
the age of eighteen years and got himself registered under section 9, a card to
be called National Identity Card in such form, with such period of validity
upon payment of such fee in such form and manner as may be prescribed:
Provided that all cards issued under
section 5 of the National Registration Act, 1973 (LVI of 1973), to such
citizens as stood registered under section 4 of the said Act immediately before
the commencement of this Ordinance shall be deemed to have been issued under this
Ordinance and shall, subject to sections 17, 18 and 30 remain valid till such
period as the underlying registration of the citizens to whom such cards are
issued remains valid in terms of the first proviso to subsection (1) of section
9:
Provided further that before issuing or renewing a card under this section,
the authority may require a person to surrender a National Identity card
earlier issued to him under this Ordinance or the National Registration Act,
1973 (LVI of 1973), or otherwise satisfy the Authority as to the factum of his
having totally abandoned the use of any such earlier card and, till such time
as he surrenders such earlier card or otherwise satisfies the authority as
aforesaid, the authority may not issue or renew a card.
(2) Notwithstanding
anything contained in this Ordinance, all such National Identity Cards as are
to be issued to a citizen under this Ordinance by means of a manual or
computerized laser printing process (as applicable in the Districts of
Islamabad and Rawalpindi) shall not be issued for a period of validity beyond
two years after the commencement of this Ordinance, or such longer or shorter
period as may be notified by the Federal Government with a view to promoting
uniformity, authenticity and technological advancement in the registration for
and issuance of National Identity Cards.
11. Pakistan Origin Cards.— The
authority shall issue or renew, or cause to be issued or renewed, in the
prescribed manner and on prescribed criteria, terms and conditions, cards to
such prescribed class of foreigners and such prescribed class of citizens with
dual nationality who have got themselves registered in the prescribed manner,
in such form and with such periods of validity thereof upon payment of such fee
in such form and manner as may be prescribed, to be called Pakistan Origin
Cards and receive applications for registration therefor in the prescribed
form.
12. Overseas Identity Cards.— The
Authority shall issue or renew, or cause to be issued or renewed, in the prescribed
manner and on prescribed criteria, terms and conditions, cards to such
prescribed class of citizens resident abroad or such prescribed class of
emigrants who have got themselves registered in the prescribed manner, in such
form and with such periods of validity thereof and upon payment of such fee in
such form and manner as may be prescribed, to be called Overseas Identity Cards
and receive applications for registration therefore in the prescribed form.
13. Alien Registration Cards. - The
Authority shall issue or renew, or cause to be issued or renewed, in the
prescribed manner and on prescribed criteria, terms and conditions, cards to
such prescribed class of foreigners resident in Pakistan, whether legally or
otherwise, who have got themselves registered in the prescribed manner, in such
form with such periods of validity thereof and upon payment of such fee in such
form and manner as may be prescribed, to be known as Alien Registration Cards
and receive applications for registration therefor in the prescribed form.
14.
Powers and functions regarding issuance of cards, etc.—
The Authority shall take such measures, exercise such powers and perform such
functions as it considers necessary, expedient, incidental or consequential for
or to the issuance and renewal of the cards provided for in sections 10, 11, 12
and 13. In particular and without prejudice to the generality of the foregoing
powers and functions, the authority shall have all enabling powers in this
behalf as laid down in section 5 and subsection (3) of section 6.
15. Safe and
proper custody of cards. — (1) Every person to whom a card is issued by the
Authority shall be responsible for its safe custody and for maintaining it in
proper shape.
(2) The
Authority may be regulations prescribe standards for custody and maintenance of
various cards issued by it.
16. Inspection of cards.— A
Registration Officer or any officer under the control of and authorised by the
Authority in this behalf may require a person to whom any card has been issued
to produce the card for inspection before him or, if it is not in his
possession when so required to produce it within such time, before such officer
and at such place as the Registration Officer or the officer so authorised may
direct.
17. Surrender of cards.—(1) In
case of the death of any holder of a card or certificate issued under this
Ordinance, his card or certificate shall be surrendered or given up to the
District Registrar, or any other person or authority prescribed by regulations,
by the spouse, heir, next of kin, parent or guardian, as the case may be, of
such holder within sixty days of such death.
(2) The
holder of a card who ceases to be eligible to hold such card or whose card
becomes invalid in accordance with the terms and conditions of his card or
under the provisions of this Ordinance or any rules or regulations made
thereunder, shall surrender or give up his card to the District Registrar or
any other person or authority prescribed by regulations within such period of
this so ceasing to be eligible or his card becoming invalid, as may be
prescribed.
(3) The
Authority shall issue such receipt in relation to the card or certificate
surrendered under this section in such form and manner and containing such
information relating to the person whose card or certificate has been
surrendered as may be prescribed.
(4) A
receipt issued under subsection (3) shall be admissible in evidence for the
purpose of proving the information or particulars contained in such receipt
relating to the person to whom such receipt relates.
18. Power to cancel, impound or
confiscate cards.—(1) A card issued under this Ordinance shall be the
property of the Federal Government and may, by an order in writing under the
seal of the Authority or an officer authorised by it in this behalf, be
required to be returned and shall also be liable to be cancelled, impugned or
confiscated by a like order:
Provided that no order shall be made
unless such person has been given notice in writing calling upon him to show
cause why the order should not be made.
(2) An
order under subsection (1) canceling, impounding or confiscating a card may be
made only if there is reason to believe that”
(a) The
card has been obtained by a person who is not eligible to hold such card, by
posing himself as eligible;
(b) More
than one cards have been obtained by the same person on the same eligibility
criteria;
(c) The
particulars shown on the card have been obliterated or tampered with; or
(d) The
card is forged.
(3) Any
person in respect of whose card an order under subsection (1) has been made
may, within thirty days of the order, appeal to the Federal Government against
the order and the decision of the Federal Government in appeal shall be final:
Provided that no order on such
appeal shall be passed unless the appellant has been given an opportunity of
being heard.
19. Cards necessary for certain
purposes.—(1) No citizen who has attained the age of eighteen years but
does not possess or produce a National Identity Card shall be granted a
passport, permit or other travel document for going out of Pakistan.
(2) Any
officer charged with the duty of conducting the poll at an election to the
National Assembly or a Provincial Assembly or to a Municipal Committee,
Cantonment Board or other local authority or body may, for the purpose of
satisfying himself as to the identity of any person, require such person to
produce his National Identity Card.
(3) The
Federal Government may, by notification in the Official Gazette, specify any
other purpose for which the production of any card or certificate or receipt
issued under this Ordinance shall be necessary.
(4) A card
including a National Identity Card, issued to a person under this Ordinance
shall be proof of his identity as could be established from the contents of
such card for any purpose for which his identity is required to be established.
20. Power to exempt.-The Federal
Government, or with the approval of Federal Government, the Authority or any
officer authorised by the Authority in this behalf may, by order, in special
circumstances to be recorded in writing exempt any person or class of persons
from the requirement of possessing or producing any card for any purpose for
which it is required by or under this Ordinance, or any rules or regulations
made thereunder, to be possessed or produced.
CHAPTER - VII
INFORMATION TO THE AUTHORITY
21.
Information relating to births, deaths, marriages,
divorces, etc.--(1) The birth of a newly born citizen and the death of a
citizen or any prescribed persons or class thereof, shall be reported to the
District Registrar by such Authority or officer in such manner as the Authority
may, by regulations, prescribe.
(2) The
marriage or divorce of a citizen or any other prescribed persons or class
thereof, shall be reported to the District Registrar by suet Authority or
officer as may be prescribed by regulations.
22. Information and assistance by user or
feeder agencies.-(l) The Authority may request a user or feeder agency for
information or other ' necessary assistance and cooperation.
(2) All
user or feeder agencies shall comply with all such reasonable | requests of the
authority as are made in order to carry out the purposes of this Ordinance.
(3) Any
such compliance shall be made in a timely, complete and effective manner and
the Authority may, if deemed fit in a particular case, fix such reasonable
period of time for compliance with its request by a user or feeder agency as
may be necessary in the circumstances and the concerned user or feeder agency
shall be bound by such dead-line.
(4) It
shall be the duty of the head of a user or feeder agency to whom a request is
made by the Authority to ensure compliance with the provisions of this section
and subsection (3) of section 7 on part of his user or feeder agency.
23. Power to call for proof of
information.—The Authority or any person authorised by it in this behalf
may require a person who has given any information to furnish such documentary
or other evidence of the truth of that information as it is within the power of
that person to furnish.
CHAPTER VIII
FUND, ACCOUNTS AND AUDIT
24. NADRA
Fund.-(1) There shall be formed a non-lapseable fund vesting in the
Authority to be known as the “NADRA Fund” for the purpose of meeting charges in
connection with the functions and operations of the Authority under this
Ordinance, including payment of salaries and other remuneration payable to the
Chairman, members. Registration Officers, members of its staff, experts,
consultants, advisers and other officers and employees of the Authority.
(2) There
shall be placed to the credit of NADRA Fund, all funds received by the
Authority from which the Authority can incur expenditure, related to its
functions and operations, including --
(a) Grants
made by the Federal Government or any Provincial Government or local Authority;
(b) Funds
provided by the Federal Government or any Provincial Government or local Authority;
(c) Loans
obtained from the Federal Government or any Provincial Government or local
Authority.
(d) Other
loans obtained by the Authority;
(e) Foreign
aid, grants and loans negotiated and raised, or otherwise obtained, by the
Authority;
(f) Fees
and other sums charged for the provision of services and other transactions,
operations and matters, etc. including fees or other sums charged for
registration, or received for or in relation to the issuance or renewal of
cards, or for the provision of any information or report, automated or
otherwise, to any Government, private or any other person or entity, etc.
(g) Income
from the sale of movable or immovable property;
(h)
Funds from floating bonds, shares, debentures, commercial papers, modarbas or
other securities issued by the authority or through any other means; and
(i)
All other sums received by the Authority.
(3) The
NADRA Fund shall be kept in one or more accounts maintained by the Authority in
local or foreign currency in any scheduled Bank in Pakistan
(4)
Notwithstanding anything contained in this Ordinance or any rules or
regulations made thereunder, all charges in connection with the functions and
operations of the Authority under this Ordinance, except such functions and
operations as are envisaged to be funded by any Provincial Government or local
Authority or as may be notified by the Authority to the Federal Government from
time to time, shall be exclusively funded by the Federal Government including
all administrative, operating and any other expenses like payment of salaries
and other remuneration to the Chairman, the members, the Registration Officers,
its staff, experts, consultants, advisers and other officers and employees
appointed or employed or deemed to have been appointed or employed under
section 35 of this Ordinance and any such funding or budgetary allocation
furnished or made by the Federal Government for the establishment charges of
the Authority shall be placed to the credit of NADRA Fund but shall be
lapseable unlike the rest of NADRA Fund and the concerned account shall be
operated as a Personal Ledger Account to the extent of such funding or
budgetary allocation furnished or made as aforesaid:
Provided that responsibility of the Federal Government to exclusively
fund the operations and functions of the Authority shall cease at such
appropriate time, but not in any case earlier that the expiry of three calendar
years from. the date of establishment of the Authority, when in the opinion of
the Federal Government, the Authority shall have become capable of funding its
functions and operations envisaged under this Ordinance to be funded by the
Authority:
Provided further that the Federal Government shall notify such time as
aforesaid to the Authority with precision at least three months prior to such
precise time being so notified.
25.
Authority to be deemed to be a local authority. — The
Authority shall be deemed to be a local Authority under the Local Authorities
Loans ' Act, 1914 (IX of 1914), for the purpose of borrowing money under the
said Act, and the making and execution of any scheme, proposal or plan or the
performance of any of its functions laid down in this Ordinance shall be deemed
to be a work which such Authority is legally authorised to carry out.
26. Budget.-The Authority shall, in
respect of each financial year submit for the approval of Federal Government by
such date and in such form as may be specified by the Federal Government a
statement showing the estimated receipts and current and development
expenditure and the sums which are likely to be required from the Federal
Government during the next financial year.
27. Accounts and Audit.—(1) The
Authority shall maintain complete and accurate books of accounts of its actual
expenses and receipts.
(2)
The Authority shall cause to be carried out audit of its accounts by one or
more auditors who are chartered accountants within the meaning of the Chartered
Accountants Ordinance, 1961 (X of 1961) appointed by the Federal Government in
consultation with the Auditor General of Pakistan from a panel of chartered
accountants proposed by the Authority on such remuneration as the Federal
Government may determine.
CHAPTER IX
OFFENCES, PENALTIES AND PROCEDURE
28. Information not to be divulged.—Any
person who—
(a) Being a
person employed for the purposes of this Ordinance, publishes or communicates
to any person, otherwise than in the ordinary course of such employment, any
information acquired by him in the course of the employment; or
(b) Having
possession of any information which to his knowledge has been disclosed in
contravention of this Ordinance, publishes or communicates that information to
any other person, shall be punishable with imprisonment for a term which may
extend to five years, or with fine which may extend to one million rupees, or
with both:
Provided that nothing in this
section shall apply to any publication or communication of information made-
(a) For the
purpose of any criminal proceedings; or
(b) To any
gazetted officer authorised by the Authority.
29. Security, secrecy, etc. of data not
to be breached.-(1) No person shall use, or deal with, or do any other
thing or act of omission or commission in relation to--
(a) The
registration or database systems developed,, established or maintained, or so
caused to be developed, established or maintained, under i this Ordinance
including any database, data warehouse or networking infrastructure; or
(b) The
data or information contained, or housed, or transmitted therein, in
contravention of the regulations made under clause (d) of subsection (4) of
section (5).
(2) Whoever
contravenes the provisions of subsection (1) shall be punished with rigorous
imprisonment for a term which may extend to fourteen years, or with fine
commensurate with the nature of offence and harm, if any, caused to a
particular registration or database system as aforesaid by such contravention,
but in any case not less than one million rupees, or with both.
30. Other offences and penalties.— (1)
Any person who—
(a) Does
not, without reasonable cause, apply for registration required under this
Ordinance;
(b)
Conceals, or refuses to furnish, any information he ought to disclose or
furnish;
(c) Fails,
without reasonable cause, to report to any Registration Officer any loss of a
card within thirty days of such loss;
(d) Refuses
or fails to produce or surrender a card as required respectively under section
17 or section 18 of this Ordinance or the rules and regulations made
thereunder;
(e) Does
not, without reasonable cause, apply for a National Identity Card within ninety
days of his attaining the age of eighteen years; or
(f)
Knowingly contravenes any other provision of this Ordinance or the rules or
regulations except regulations made under clause (d) of subsection (4) of
section 5, shall, in addition to any other penalty to which he may be liable
under any other law, be punishable with rigorous imprisonment for a term which
may extend to six months, or with fine not exceeding fifty thousand rupees, or
with both.
(2) Any
person who-
(a) Makes
any statement or furnishes any information which he knows or has reason to
believe to be false in any material particular or which he does not believe to
be true;
(b)
Obliterates or changes any particulars written or printed on any card;
(c) Forges
any card or makes or has in his possession any document so closely resembling a
card as to be calculated to deceive;
(d) Allows
any other person to have possession of a card for the custody of which he is
responsible;
(e) Holds
more than one card on the same eligibility criteria; or
(f) Who
attests or verifies any statement or information made or furnished for the
purpose of this Ordinance which he knows or has reason to believe to be false
in any material particular or which he does not believe to be true, shall, in
addition to any other penalty to which he may be liable under any other law, be
punishable with rigorous imprisonment for a term which may extend to one year,
or with fine not exceeding one hundred thousand rupees, or with both:
Provided that nothing in this section shall apply to a person acting
pursuant to a request made by the Authority under section 22.
31. Cognizance of offences.-No Court shall take cognizance of any offence under
this Ordinance except upon complaint in writing made by the Authority or any
gazetted officer authorised by it in this behalf.
32. Trial of offences.-(1) No Court inferior to that of a Magistrate of the first class
shall try an offence punishable under this Ordinance.
(2)
Notwithstanding anything contained in section 32 of the Code of Criminal
Procedure, 1898 (V of 1898), it shall be lawful for any Magistrate of the first
class to pass any sentence authorised by this Ordinance even if such sentence
exceeds his powers under the said section 32.
(3) Any
Magistrate of the first class empowered, for the time being, to try in a
summary way the offences specified in subsection (1) of. section 260 of the
Code of Criminal Procedure, 1898 (V of 1898) may try in accordance with the
provisions contained in sections 262 to 265 of the Code any offences punishable
under this Ordinance.
CHAPTER X
MISCELLANEOUS
33. Remuneration.— The Chairman and
members shall be paid such emoluments as may be determined by the Federal
Government and shall not be varied to their disadvantage during their term of office.
34. Chairman and members not to engage in
certain business, etc.”
(1) The
Chairman and members shall not, during their term of office, engage themselves
in any other service, business, vocation or employment, or enter into the
employment of, or accept any advisory or consultancy relationship with any
person or entity engaged in providing services or products whatsoever to the
Authority on any of the projects, schemes, proposals or plans undertaken,
executed or supervised by the Authority or any related undertaking of such
aforesaid person or entity,
(2) The
Chairman and members shall not have any direct or indirect financial interest,
or have any connection with any such person, entity or related undertaking as
mentioned in subsection (1) for so long as he holds office.
35. Registration Officers, officers,
employees, etc. - To carry out the purposes of this Ordinance, the
Authority may, from time to time, appoint Registration Officers, members of its
staff, experts, consultants, advisers and other officers and employees on such
terms and conditions as it may deem fit.
36. Registration Officers, etc. deemed to
be public servants. - The Chairman, members. Registration Officers, members
of its staff, experts, consultants, advisers, other officers and employees of
the Authority shall be deemed to be public servants within the meaning of
section 21 of the Pakistan Penal Code, 1860 (XLV of 1860).
37. Delegation. - The Authority may
by general or special order delegate to the Chairman or a member or a
Registration Officer, or any member of its staff, or an expert, consultant,
adviser, or other officer or employee of the Authority, any of its powers or
functions under this Ordinance subject to such conditions as it may think
fit:---
Provided that any person to whom the powers of a Registration Officer,
not including the Director General, stood delegated under the provisions of the
National Registration Act, 1973 (LVI of 1973), immediately before the
commencement of this Ordinance shall be deemed to have been delegated under
this section unless revoked by the Authority by a general or special order.
38. Reports to the Government. “(I)
The Authority shall submit at the end of every calendar year, but not later
than 31st of January of the following year:—
(a) A
report to the Federal Government on the performance of its functions and
exercise of its powers and the carrying out of its purpose and objects during
the year so ending and the anticipated developments for the following year; and
(b) A
report on the state of development, establishment and maintenance of
registration and database systems in the country and all related matters
identifying the problems, prospects and other necessary areas and matters for
the Federal Government, or concerned Provincial Government or Local Authority's
consideration and action, if any suggested in the report.
(2) Copies
of the report, or relevant portions thereof, mentioned in clause (b) of
sub-section (1) identifying problems, prospects and other necessary areas and
matters for a particular Provincial Government's or local authority's
consideration or action shall also be furnished simultaneously to the concerned
Provincial Government or local Authority.
39. Certain arrangements to continue.
“All contracts, agreements, promises, negotiations and working arrangements
made and understandings reached including any bidding process initiated as a
result of any requests for proposals sought from prospective contractors, and
all liabilities incurred including any contingent or future liability on
account of availing any services, etc. by the National Database Organization
and the Registration Organization on behalf of the Federal Government in
connection with, or for the purpose of, or in relation to the same objects,
purposes, functions and powers as those of the Authority, before the
establishment of the Authority, shall be deemed to have been made, reached or
incurred, as applicable, by the Authority under this Ordinance and shall have
effect accordingly.
40. Indemnity :--- “No suit,
prosecution or other legal proceeding shall lie against the Federal Government
or any Provincial Government or Local Authority, any Registration Officer or
any other person exercising any power or performing any function under this
Ordinance, for anything which is in good faith done or purporting or intended
to be done under this Ordinance or any rule.
41. Transfer of employees and assets etc.-(1)
Notwithstanding anything contained in any law, rules, regulations, contract,
agreement, or in the terms and conditions of their service or in the provisions
of the National Registration Act. 1973 (LVI of 1973), the Civil Servants Act,
1973 (LXXI of 1973), on the establishment of the Authority, all persons appointed
or employed in the National Database Organization and the Registration
Organization, immediately before the establishment of the Authority, in
particular, all Registration Officers appointed pursuant to section 3 of the
National Registration Act, 1973 (LVI of 1973), and other officers and
employees, whether recruited initially or absorbed or inducted subsequently,
including a person on deputation to any other organization, department, agency
or formation in Pakistan or abroad but not being person on deputation or
secondment to the Registration Organization or the National Database
Organization from any other organization, department, agency or formation,
shall stand transferred to and become Registration Officers and
other officers and employees, as applicable, of the Authority on the same terms
and conditions including remuneration, tenure of service, rights
and privileges as to pension and gratuity and other matters which were
applicable to them immediately prior to the establishment of the Authority.
(2) The
Federal Government shall pay to the Authority, pension charges and gratuity in
respect of, and provident fund accumulations Of persons transferred to the
Authority by virtue of subsection (1) or subsection (9), as they have become
entitled to, or have been earned by them, or have accumulated till their
transfer to the Authority as aforesaid.
(3) On
transfer to the Authority as provided in subsection (1) or subsection (9), all
Registration Officers and other officers and employees shall, where applicable,
cease to be civil servants and shall be deemed to have been appointed and have
respectively become the Registration Officers and other officers and employees
of the Authority as if originally appointed under this Ordinance as if they
were always the Registration Officers, officers and employees of the Authority,
as applicable except for the purposes of financial benefits which they shall
not claim from a date prior to the date of their transfer to the Authority as
aforesaid.
(4) On transfer
as aforesaid, such a Registration Officer, other officer or employee, until his
employment in the Authority is terminated in accordance with his terms and
conditions of service or his terms and conditions as altered by regulations
which shall not be less favourable than those by which he was governed
immediately before his transfer to the Authority, shall continue to be so
governed.
(5)
Notwithstanding anything to the contrary in this section, any person referred
to in subsection (1) may within three months from the date of establishment of
the Authority opt not to be transferred to the service of the Authority and the
option so exercised shall be final and those persons who do not exercise their
right of option in writing within the aforesaid period shall be deemed to have
opted to be transferred to the Authority.
(6) All
persons who opt under subsection (5) not to be transferred to the service of
the Authority shall be provided a suitable posting elsewhere within six months
from the date of exercise of their option and till that time they shall remain
on surplus pool of the Federal Government.
(7) The
service of a person who does not accept the alternative appointment or posting
offered to him within the time allowed by subsection (6) shall stand terminated
on the date on which he declines the offer or the time allowed to accept the
offer expires, whichever is earlier, and such persons shall be entitled to be
paid for a maximum period of three months.
(8) The
termination of services of an employee under subsection (7) shall be deemed to
be discharged from service owing to abolition of a permanent post for the
purposes of admissibility of compensation pension, etc.
(9) Every
person on deputation or secondment to the Registration Organization or the
National Database Organization from any other organization, department, agency
or formation immediately before the establishment of the Authority shall, on
such establishment, have an option either-
(a) To
remain employed in the Authority as a deputationist on the same terms and
conditions of deputation as were applicable to him immediately before the
establishment of the Authority; or
(b) To opt
for being absorbed in the Authority whereupon, if his option is so accepted by
the Authority, he shall stand and be deemed to have been transferred to the
Authority from the date of establishment of the Authority on such terms of
conditions of service as the Authority may deem fit, which shall however, not
be less favourable than those applicable to him as per his terms and conditions
of deputation immediately before the establishment of the authority:
Provided that the aforesaid option must be exercised within one month of
the establishment of the Authority, where after a person not exercising either
of the above options, or having opted under clause (b) but not accepted by the
Authority, shall be deemed to have opted under clause (a) and all consequences
shall thereafter accrue as if he had so opted under the said clause.
(10) No person who
stands transferred to the authority by virtue of subsection (1) or subsection
(9) shall, notwithstanding anything contained in
(11) Any assets or
other property of the Federal Government assigned or allocated for their use or
any other purpose to such offices including the District Registration Offices,
other offices, counters and any other formation of the Registration
Organization as well as that of the National Database Organization shall stand
transferred to and vested in the Authority.
. .
(12) All suits and
other legal proceedings instituted by or against the Federal Government, the
Directorate of National Registration and the National Database Organization
immediately before the commencement of this Ordinance shall be deemed to be
suits and proceedings by or against the Authority, as the case may be and may
proceed and be dealt with accordingly.
(13) All debts and
liabilities incurred, contracts entered into or rights acquired and all matters
and things, engaged to be done, by with and for the Directorate of National
Registration and the National Database Organization before the commencement of
this Ordinance shall be deemed to have been incurred, entered into, acquired or
engaged to be done by, with or for the authority as the case may be.
42. Exemption from taxes.- Notwithstanding
anything contained in the Wealth Tax Act, 1963 (XV of 1963), the Income Tax
Ordinance, 1979 (XXXI of 1979), or any other law for the time being in force
relating to income-tax, super-tax and wealth tax, the Authority shall not be
liable to pay and be exempted from paying any such taxes as aforesaid on its
incomes profits or gains for a period of five years beginning from the date of
its establishment.
43 Ordinance XXM of 1969 not to
apply to Authority.- The Industrial Relations Ordinance, 1969 (XXIII of
1969), shall not apply to or in relation to the Authority or any person in the
service of the Authority.
44, Power to make rules.- The Federal
Government may, by notification in the Official Gazette, make rules for
carrying out the purposes of this Ordinance:
Provided that till any amendments are made or any fresh rules are made in
this behalf, the rules made under section 15 of the National Registration Act,
1973 (LVI of 1973) and in force at the time of the establishment of the
Authority shall be applied as nearly as practicable in the same manner as
before to the extent the same are not inconsistent with the provisions of this
Ordinance with any references to the Registrar General, Director General,
Registration Organization, or any competent Authority by whatever nomenclature
therein to be deemed to be a reference to the Authority.
45. Regulations.— (1) The Authority
may, by notification in the Official Gazette, make regulations, not
inconsistent with the provisions of this Ordinance or the rules, for the
carrying out of its functions under this Ordinance and any other matter for
which, under this Ordinance, provisions may be made by regulations.
(2) Without
prejudice to the generality of the foregoing powers such regulations may
provide for appointment of Registration Officers, members of its staff,
experts, consultants, advisers and other officers and employees and the terms
and conditions, of their service:
Provided that, subject to the provisions of section 40 till the time any
amendments are made or any fresh regulations are made in this behalf, any rules
or regulations governing the terms and conditions of their service and in force
at the time of the establishment of the Authority shall be applied as nearly as
practicable in the same manner as before to the extent the same are not
inconsistent with the provisions of this Ordinance, with any references to the
Directorate General of Registration, or any competent Authority by whatever
nomenclature therein to be deemed to be a reference to the
Authority.
.
46. Ordinance to override other law.— The
provisions of this Ordinance shall have effect notwithstanding anything
contained in any other law for the time being in force.
47. Removal of difficulties.— If any
difficulty arises in giving effect to any provision of this Ordinance, the
Federal Government may make suet order, not inconsistent with the provisions of
this Ordinance, as may appear to it to be necessary for the purpose of removing
the difficulty.
48. Repeal.- (1) The National
Registration Act, 1973 (LVI of 1973), is hereby repealed.
(2)
Notwithstanding the repeal of the National Registration Act, 1973 (LVI of
1973), any notification issued, powers delegated, contracts entered into,
proceedings commenced, rights and liabilities incurred, fee or charges levied,
things done or actions taken under any provision of the said Act shall, so far
as they are not inconsistent with the provision of this Ordinance, be deemed to
have been made, passed, issued, delegated, entered into, commented, acquired,
incurred, levied, done or taken under this Ordinance.
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