Act II of 2010 · 9 pages
PDF viewer not loading? Download the PDF directly or view on Pakistan Code.
Updated till 16-2-2022
THE NATIONAL COMMAND AUTHORITY ACT, 2010
CONTENTS
______
SECTIONS:
1. Short title, commencement, application and extent.
2. Definitions.
3. Establishment of the Authority.
4. Powers of the Chairman.
5. Secretariat of the Authority.
6. Meetings of the Authority.
7. Powers and functions of the Authority.
8. Strategic Organizations.
9. Employees of Authority.
10. Powers of inquiry and investigation etc.
11. Appellate Authority.
12. Offences and trial.
13. Jurisdiction.
14. Industrial Relations Act, 2008 (IV of 2008) not to apply employees of Authority.
15. Power to make Rules.
16. Amendments in the Schedule.
17. Funds of the Authority.
18. Declaration of fidelity and secrecy.
19. Savings.
20. Indemnity.
21. Act to override other laws.
22. Jurisdiction barred.
23. Removal of Difficulties.
Schedule
Page 1 of 9
NATIONAL COMMAND AUTHORITY ACT, 2010
ACT No. V OF 2010
[11th March, 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 Pakistan and shall apply to any person who commits any
offence under this Act, wherever, he may be.
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
Page 2 of 9
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:—
Page 3 of 9
(a) to exercise complete command and control over all nuclear and space related
technologies, systems and matters;
(b) to supervise, manage and co-ordinate 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 1[determine and provide for the] terms and conditions of the employees
including but not limited to, appointments, removals, promotions, transfers,
integrity and reliability assessment and other related matters 1[as it may deem
fit and proper in the interests of the Authority];
(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 Pakistan;
(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;
1
Subs. and added by Act No. LI of 2016, s.2.
Page 4 of 9
(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 functions 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
thereunder:
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.
Page 5 of 9
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 upto 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 or in any way
acts or conducts himself, that endangers the security or secrecy of any aspect of the programmes or
projects 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.
Page 6 of 9
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 1[:]
1
[Provided that notwithstanding anything contained in any judgment decree, order, direction
or declaration of any Court including the Supreme Court of Pakistan or in this Act or in any other
law for the time being in force, the rules, instructions or orders already made, or which may be made,
in respect of the employees and strategic organizations of the Authority shall be non-statutory unless
approved by the Federal Government and Published in the Official Gazette of Pakistan.]
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.
1
[17. Funds of the Authority.___ The Federal Government shall ensure provision of funds
and make contributions in local and foreign currencies to the Authority through Strategic Plans
Division as may be necessary to the Authority.]
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.
1
Subs. and added by Act No. LI of 2016, ss.3 and 4.
Page 7 of 9
(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 Act 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 Pakistan Penal Code, 1860 (XLV of 1860).
2. Offences under the Import and Export (Control) Act, 1950 (XXXIX of 1950).
3. Offences under the Pakistan Nuclear Regulatory Authority Ordinance, 2001 (III of
2001).
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 Pakistan Arms Ordinance, 1965 (XX of 1965).
6. Offences under the Official Secretes Act, 1923 (XIX of 1923).
Page 8 of 9
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 Pakistan Act, 1952 (XXXV of 1952).
17. Offences under the Surrender of Illict Arm Act, 1991 (XXI of 1991).
18. Offences under the Arms Act, 1878 (XI of 1878).
19. Offences under the Pakistan Space and Upper Atmosphere Research Commission
Ordinance, 1981 (XX of 1981).
20. Offences under the Pakistan Atomic Energy Commission Ordinance, 1965 (XVII of
1965).
__________
Page 9 of 9
Source: Pakistan Code, Ministry of Law and Justice (pakistancode.gov.pk). Text on this page is reproduced verbatim from the official PDF and is provided for reference only. For the authoritative version, always consult the source document or a current reported edition.
LexForm advocates handle matters under National Command Authority Act across Pakistan, the UK, the EU, and the US.