27. Offences punishable under the Electronic Transaction Ordinance, 2002 (LI of 2002).

28. Offences punishable under the Pakistan Electronic Media Regulatory Authority Ordinance, 2002 (XIII of 2002 ).

29. Offences punishable under the Prevention and Control of Human Trafficking Ordinance, 2002 (LIX 2002).

30. Offences punishable 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).

31. Offences punishable under the Anti Money Laundering Act, 2010 (VII of 2010).

32. Offences punishable under all existing applicable laws, orders, rules and regulations in force in Federally Administered Tribal Areas.

----------------------

REGULATION, 2011

FRONTIER CRIMES (AMENDMENT)
REGULATION, 2011

A Regulation further to amend Frontier Crimes Regulation, 1901

[Gazette of Pakistan, Extraordinary, Part-I, 27^th August, 2011]

F. No. 1(1)P/L/2008, dated 25.8.2011.—WHEREAS it is expedient further to amend the Frontier Crimes Regulation, 1901 (III of 1901) for the purposes hereinafter appearing;

NOW, THEREFORE, in pursuance of the provisions contained in clause (5) of Article 247 of the Constitution of the Islamic Republic of Pakistan, the President of Pakistan is pleased to make the following Regulation:—

1. Short title and commencement.—(1) This Regulation may be called the Frontier Crimes (Amendment) Regulation, 2011.

(2) It shall come into force at once.

2. Substitution of long title and preamble Regulation III of 1901.—In the Frontier Crimes Regulation, 1901 (III of 1901), hereinafter referred to as the said Regulation,

(a) for the long title, the following shall be substituted, namely:-

"further to provide for maintenance of peace, law and order and good governance in the Federally Administered Tribal Areas";

(b) for the preamble, the following shall be substituted, namely:—

"WHEREAS it is expedient further to provide for maintenance of peace, law and order and good governance in the Federally Administered Tribal Areas;

Now, THEREFORE, in pursuance of clause (5) of Article 247 of the Constitution of the Islamic Republic of Pakistan, the President is pleased to make the following Regulation:"; and

"shall be omitted.

3. General Amendment, Regulation III of 1901.—In the said Regulation, for the words "Deputy Commissioner" or "District Magistrate" wherever occurring the words "Political Agent" or "District Coordination Officer" or "Assistant Political Agent", as the case may be, shall be substituted.

4. Amendment of Section 1, Regulation III of 1901.—In the said Regulation, in Section 1,—

(a) for sub-section (3) the following shall be substituted, namely:—

"(3) It shall extend to such Federally Administered Tribal Areas as may be notified by the Governor from time to time in pursuance of Article 145 of the Constitution of Islamic Republic of Pakistan. The Federally Administered Tribal Areas include the tribal areas as specified in the Third Schedule to this Regulation."; and

(b) sub-Sections (4) and (5) shall be omitted.

5. Substitution of Sections 2, 3, 4 and 5, Regulation III of 1901.—In the said Regulation, for Sections 2,3,4 and 5 the following shall respectively be substituted, namely:—

"2. Definitions.—In this Regulation, unless there is anything repugnant in the subject or context,—

(a) "Appellate Authority" means an Authority established under Section 48 of this Regulation;

(b) "Council of Elders" means in the Federally Administered Tribal Areas, a council of three or more respectable elders appointed by the Political Agent or District Coordination Officer, as the case may be, and presided over by Assistant Political Agent vested with powers under Section 30 of the Code of Criminal Procedure 1898 (Act V of 1898);

(d) "Governor" means the Governor of Khyber Pakhtunkhwa as Agent to the President of Pakistan for Federally Administered Tribal Areas in terms of Article 145 of the Constitution of the Islamic Republic of Pakistan;

(e) "Qaumi Jirga" means Jirga consisting of respectable elders and representatives of the tribes; and

(f) "Rewaj" means usages, traditions and customs of the tribes in vogue in Federally Administered Tribal Areas.

3. Relation of Regulation to other laws.—(1) The provisions of this Regulation shall take effect in case to which they apply, notwithstanding anything contained in any other law for the time being in force.

(2) The powers conferred by this Regulation may be exercised in addition to any powers conferred by or under any other law for the time being in force, and, where the contrary is not expressed or implied, other laws in force in Tribal Areas in which all or any of the provisions of this Regulation are for the time being in force shall, so far as may be, apply to cases dealt within that place under this Regulation.

(3) The laws specified in the Second Schedule shall apply to the Federally Administered Tribal Areas.

4. Assistant Political Agent.—(1) In any Agency or Frontier Region in the whole or any part thereof where all or any of the provisions of this Regulation are for the time being in force, the Governor may confer powers under Section 30 of the Code of Criminal Procedure, 1898 (Act V of 1898) on any Assistant Political Agent.

(2) Every Assistant Political Agent shall have all the ordinary powers of a Magistrate of the First Class as specified in Schedule III and additional powers as specified in Part I of Schedule IV to the Code of Criminal Procedure, 1898 (Act V of 1898), and may pass any sentence of imprisonment or fine or both as provided in this Regulation.

(3) When exercising any of the powers of a Political Agent or District Coordination Officer under this Regulation, an Assistant Political Agent shall be deemed, for the purposes of this Regulation, to be the Political Agent or District Coordination Officer, as the case may be, and shall exercise all or any of the powers specified in the First schedule.

(4) Every Assistant Political Agent shall exercise his powers in subordination to the Political Agent or District Coordination Officer, as the case may be, and in such cases or class of cases, and within such local limits as the Political Agent or District Coordination Officer may, by order in writing, direct.

5. Power of Political Agent or District Coordination Officer to transfer the case.—The Political Agent or the District Coordination Officer may, on the application of any of the parties, after notice to the other party and hearing them, transfer any civil or criminal matter to any Assistant Political Agent, within thirty days from the appointment of the Council of Elders and shall record reasons thereof for such transfer of the case."

6. Omission of Section 6, Regulation III of 1901.—In the said Regulation, Section 6 shall be omitted.

7. Substitution of Sections 7, 8, 9, 10 and 11, Regulation III of 1901.—In the said Regulation, for Sections 7,8,9,10, and 11, the following shall be substituted, namely:—

"7. Tender of pardon to accomplices.—Section 337 of the Code of Criminal Procedure, 1898 (Act V of 1898), for the purpose of this Regulation, shall be construed to read as under,—

"(1) In the case of any offence, at any stage of the investigation or inquiry into, or trial of the offence, with a view to obtaining the evidence of any person supposed to have been directly or indirectly concerned in or privy to the offence, the Political Agent or the District Coordination Officer, as the case may be, may tender pardon to such person on condition of his making full and true disclosure of the whole of the circumstances within his knowledge related to the offence and to every other person concerned, whether, as principal or abettor, in the commission thereof:

Provided that no person shall be tendered pardon who is involved in an offence relating to hurt or qatl without permission of the victim or, as the case may be, of the heirs of the victim.

(2) The Political Agent or District Coordination Officer, as the case may be, who tenders a pardon under sub-section (1) shall record his reasons for doing so.

(3) Every person accepting a tender of pardon under this section shall be examined as a witness in the subsequent trial, if any.

(4) Such person, unless he is already on bail, shall be detained in custody until the termination of the trial.

8. Civil reference to the Council of Elders.—(1) Where the Political Agent or the District Coordination Officer, as the case may be, is satisfied from any information that a civil dispute exists between the parties which is likely to cause breach of peace, he may, for the settlement thereof make an order in writing stating the grounds for his being so satisfied, refer the dispute within fifteen days to the Council of Elders, for findings in accordance with Rewaj who shall give its findings within ninety days on the issues in dispute after making necessary inquiry and hearing the parties and their witnesses.

(2) Where a reference to the Council of Elders is
made under sub-section (1), the Political Agent or the
District Coordination Officer, as the case may be, shall nominate the Council of Elders. The names of the members so nominated be communicated to the parties, and any objection taken thereto by any of the parties, shall be recorded. The Political Agent or the District Coordination Officer, as the case may be, shall dispose of the objections after hearing the parties and recording the reasons thereof, appoint the members of the Council accordingly.

(3) The order of reference made under sub-section (1) shall state the issues in dispute on which the findings of Council of Elders is required.

(4) On receipt of the findings of Council of Elders, the Political Agent or the District Coordination Officer, as the case may be, by recording his reasons may,—

(a) pass a decree in accordance with the findings of the majority of the Council of Elders; or

(b) remand the case to the Council of Elders for further inquiry and findings.

9. Effect of decree on finding of Council.—A decree passed under clause (a) of sub-section (4) of Section 8 shall,—

(a) be a final settlement of the case so far as the decree relates to the matter stated in the reference; and

(b) have, to that extent and subject to the provisions of this Regulation with respect to the finding of appeal or revision as the case may be, the same effect as a decree of a Civil Court of ultimate jurisdiction, and be enforced by the Political Agent or the District Coordination Officer, as the case may be, as a decree of such Court.

10. Restriction on jurisdiction of Civil Courts.—No Civil Court shall have Jurisdiction to call in question the legality of anything done or purported to be done in respect of any matter, the cause of action whereof has arisen in the Tribal Area.

11. Criminal references to Council of Elders.—(1) Whenever an offence, of which the Political Agent or District Coordination Officer is competent to take cognizance under this Regulation, is committed, the case shall be registered and the accused shall be produced before the Assistant Political Agent concerned within twenty four hours of the arrest of the accused excluding the time necessary for the journey from the place of arrest to the Assistant Political Agent having jurisdiction. The Political Agent or District Coordination Officer as the case may be, shall make an order in writing referring the question for finding of guilt or innocence of any person or persons accused of any offence or offences, to the Council of Elders for its findings who after holding necessary inquiry and hearing the parties and witnesses, submit its findings to the Political Agent or District Coordination Officer as the case may be. The Political Agent or District Coordination Officer, as the case may be, shall appoint the members of the Council of Elders within ten days from the date of arrest of the accused and shall require the Council of Elders to submit its findings on the question referred to within ninety days.

(2) Where a reference to the Council of Elders is made under sub-section (1) and the members of the Council have been nominated by the Political Agent or District Coordination Officer, as the case may be, the names of the members so nominated be communicated to the accused and the complainant, and any objection taken thereto by any of the parties, shall be recorded. The Political Agent or the District Coordination Officer, as the case may be, shall dispose of the objections after hearing the parties and the reasons thereof be recorded and appoint the members of the Council accordingly.

(3) On receipt of the findings of the Council of Elders, the Political Agent or the District Coordination Officer, as the case may be, by recording his reasons may,—

(a) pass an order in accordance with the findings of the majority of the Council of Elders; or

(b) remand the case to the Council of Elders for further inquiry and findings.

(4) No person shall be prosecuted or punished for the same offence more than once.".

8. Insertion of Sections 11A and 11B, Regulation III of 1901.—In the said Regulation, after Section 11, the following new Sections shall be inserted, namely:—

"11A. Bail.—(1) Where any person accused of non-bailable offence is arrested or detained or appears or is brought before the Political Agent or District Coordination Officer, as the case may be, he may be released on bail. However, he shall not be so released if there appear reasonable grounds for believing that he has been guilty of an offence punishable with imprisonment for ten years:

Provided that the Political Agent or District Coordination Officer may direct that any person under the age of sixteen years or any woman or any sick or infirm person accused of such an offence be released on bail:

Provided further that a person accused of an offence as aforesaid shall not be released on bail unless the complainant has been given notice to show cause why he should not be so released.

(2) If it appears to the Political Agent or District Coordination Officer, as the case may be, at any stage of the investigation, inquiry or trial that there are no reasonable grounds for believing that the accused has committed a non-bailable offence, but that there are sufficient grounds for further inquiry into his guilt, the accused may, pending such inquiry be released on bail with or without sureties for his appearance.

(3) The Political Agent or District Coordination Officer, as the case may be, releasing any person on bail under sub-section (1) or (2), as the case may be, shall record his reasons in writing for so doing.

(4) Nothing herein shall be deemed to authorize the Political Agent or District Coordination Officer, as the case may be, to release on bail any person accused of non-bailable offence not in custody or not produced before him.

(5) The FATA Tribunal, Appellate Authority, or in case of a person released on bail by the Political Agent or District Coordination Officer, as the case may be, may cause any person who has been released under this section, to be re-arrested and may be committed to custody by an order recording reasons for so doing.

11B. Reference by Qaumi Jirga in exceptional cases.—The Political Agent or District Coordination Officer, as the case may be, may take cognizance of any offence or civil dispute in exceptional circumstances, if so recommended by a Qaumi Jirga of the Tribe in the interest of justice and public peace.".

9. Substitution of Sections 12 and 13, Regulation III of 1901.—In the said Regulation, for Sections 12 and 13 the following shall be substituted, namely.—

"12. Punishment on conviction on findings of Council.—Where the Political Agent or District Coordination Officer, as the case may be, convicts a person under clause (9) of sub-section (3) he may pass sentence of imprisonment or fine or both for the offence, provided that the sentence shall not exceed fourteen years.

13. Manner of enforcing sentences.—Any sentence passed under Section 12 shall be executed in the manner provided for the execution of sentences in Chapter XXVIII of the Code of Criminal Procedure, 1898 (Act V of 1898); and

(a) an offence punishable with imprisonment for life shall be punishable with rigorous imprisonment for a term which may extend to fourteen years;

(b) the imprisonment in default of payment of fine shall be simple and the provisions of Sections 63 to 70 of the Pakistan Penal Code, 1860 (Act XLV of 1860) shall, subject to aforesaid provisions, apply to sentences passed under this Regulation; and

(c) the sentence of imprisonment and fine provided by the Pakistan Penal Code or any other law specified in the Second Schedule to this Regulation for the offence shall (1860 XLV of 1860) be applicable to such offence committed in Federally Administered Tribal Areas.".

10. Omission of Sections 14, 15, 16, 17 and 18, Regulation III of 1901.—In the said Regulation, Sections 14,15,16,17 and 18 shall be omitted.

11. Substitution of Sections 19 to 32, Regulation III of 1901.—In the said Regulation, for Sections 19 to 32 the following shall be substituted, namely:—

"19. Record of Political Agent or District Coordination Officer.—(1) Where the Political Agent or District Coordination Officer, as the case may be, passes any sentence of imprisonment or fine or both, he shall maintain a complete record of the case and record his reasons for passing the sentence.

(2) The record shall be made by the Political Agent or District Coordination Officer, as the case may be, and the Council of Elders in Urdu, English or Pushto.

20. Attendance of parties and witnesses before Political Agent or District Coordination Officer or Council of Elders.—Where a reference is made to a Council of Elders, the Political Agent or the District Coordination Officer, as the case may be, may exercise all or any of the powers conferred by the Code of Civil Procedure, 1908, (Act V of 1908) and the Code of Criminal Procedure, 1898, (Act V of 1898) respectively, as the case may be, for the purpose of compelling the attendance, before himself or the Council of Elders or Joint Council of Elders, of the parties, and witnesses, or any of them, in any case and at any stage of the proceedings.

21. Blockade of hostile or unfriendly tribe.—In the event of any tribe of Federally Administered Tribal Areas or any section of the tribe or any member of the tribe, acting in hostile, subversive or offensive manner towards the State or to any person residing within the settled area of Pakistan, the Political Agent or District Coordination Officer, as the case may be, by an order in writing may direct,—

(a) the arrest of hostile members of such tribe wherever they may be, and the attachment of the property both movable and immovable wherever it may be found, belonging to them or any of them;

(b) the detention in safe custody of any person so arrested or property so attached; and

Provided that the above-mentioned actions shall be taken against plareena of the accused in the first instance, and if the circumstances so warrant, then any or all of the following actions may be taken by a well-reasoned order in writing against,--

(i) the sub-section of the tribe of the accused;

(ii) the section of the tribe of the accused;

(iii) any other section of the tribe of the accused:

Provided further that the confiscation of the property so attached shall be made after public proclamation and holding necessary inquiry:

Provided also that women, children less than sixteen years of age persons over sixty-five years of age shall not be arrested and detained under this section.

Explanation:—Plareena as mentioned in first proviso includes the male descendants of the paternal grandfather of the accused.

22. Fines on communities accessory to crime.—(1) Where, from the circumstances of any case, there appears to be good reason to believe that the inhabitants of any village, or part of a village, or any of them, have—

(a) connived at, or in any way abetted, the commission of any offence; or

(b) failed to render any assistance in their power to discover the offenders or to effect their arrest;

(c) connived at the escape of, or harbored, any offender or person suspected of having taken part in the commission of any offence; or

(d) combined to suppress material evidence of the commission of an offence;

the Political Agent or District Coordination Officer, as the case may be, may with the previous sanction of the Commissioner, impose a fine on the inhabitants of such village or part of a village, or any of them as a whole:

Provided that women, children less than sixteen years of age and persons over sixty-five years of age shall not be arrested and detained under this section.

Explanation.—(2) Nothing contained hearing shall be construed to debar the Political Agent or District Coordination Officer, as the case may be, to take any appropriate action against the personnel entrusted with watch and ward duties in the particular locality in accordance with Rewaj.

23. Fines on communities where murder or culpable homicide is committed or attempted.—Where, within the area occupied by a village community or part of a village-community, a person is found dangerously or fatally wounded, or the body is found of a person believed to have been killed, the members of the village community or part thereof shall be deemed to have committed an offence under Section 22, unless the elders of the village-community or part thereof show that the members thereof--

(a) had not found an opportunity of preventing the offence or arresting the offender; or

(b) have used all reasonable means to bring the offender to justice.

24. Recovery of fines.—Fines imposed under Section 22 shall, in default of payment, be recoverable as if they were arrears of land revenue due by the members of the community or part thereof upon whom the fine is imposed.

25. Forfeiture of remissions of revenue etc. in the case of communities and persons accessory to crime.—Where a village-community or part of a village-community has become liable to fine under Section 22, it shall further be liable to forfeit, in whole or in part and for a term or in perpetuity, any remission of land revenue of which it may be in joint enjoyment, and the members of the village-community or part thereof, as the case may be, shall in like manner be liable severally to forfeit any assignment or remission of land-revenue or allowance paid out of public funds which they, or any of them, may enjoy.

26. Forfeiture of public emoluments etc., of persons guilty of serious offences or of conniving at crime.—Where it is shown to the satisfaction of the Political Agent or District Coordination Officer, as the case may be, that any person who is in the enjoyment of an assignment or remission of land-revenue or allowance payable out of public funds, has been guilty of a serious offence, or has colluded with or harboured any criminal, or has suppressed material evidence of the commission of any offence, or has failed, on the investigation of any criminal case, to render loyal and proper assistance to the authorities, to the best of his ability, the Political Agent or District Coordination Officer, as the case may be, may in addition to any other penalty to which such person may be liable under any law for the time being in force, direct the forfeiture, in whole or in part and for a term or in perpetuity, of such assignment or remission of land-revenue or allowance, as the case may be:

Explanation.—For the purposes of this section the expression "serious offence" means any offence punishable with imprisonment for a term which may extend to three years or more.

27. Powers to direct forfeiture.—Forfeiture under Section 25 or Section 26 may be adjudged by order of the Political Agent or District Coordination Officer, as the case may be, for a term which may extend to three years, and by order of the Governor or any officer authorized by him for any longer term or in perpetuity.

28. Powers of Governor saved.—Nothing contained in Sections 25, 26 and 27 shall affect the powers of the Governor with respect to the grant, continuance or forfeiture, in whole or in part, of any assignment or remission of land-revenue or of any allowance paid out of public funds.

29. Preparation to commit certain offences.—Where a person is found carrying arms in such manner or in such circumstances as to afford just grounds of suspicion that the arms are being carried by him with intent to use them for an unlawful purpose, and that person has taken precautions to elude observation or evade arrest, he shall be taken in custody and be tried as provided in Section 11 and if found guilty, may be punished with fine which may extend to five thousand rupees and the arms carried by him be confiscated and in case of habitual offender or previous convict, he may be punished with imprisonment which may extend to two years or with fine which may extend to rupees ten thousand and the arms carried may be confiscated.

30. Adultery.—(1) A married woman who, knowingly and by her own consent, has sexual intercourse with any man who is not her husband, is guilty of the offence of adultery, and shall be punishable with imprisonment for a term which may extend to five years, or with fine, or with both.

(2) Cognizance shall not be taken of an offence under this section unless a complaint has been made by the husband of the woman, or, in his absence, by a person who had care of the woman on his behalf at the time when the offence was committed.

31. Power to prohibit erection of new villages or towers on frontier.—(1) No new hamlet, village-habitation, tower or walled enclosure shall, without the previous sanction in writing of the Political Agent or District Coordination Officer, as the case may be, who may either grant or refuse such sanction as he thinks fit, be erected at any place within one hundred and twenty yards from the center of the road.

(2) Where the Political Agent or District Coordination Officer, as the case may be, refuses to sanction the erection of any such hamlet, village-habitation, tower or walled enclosure, as the case may be, he shall record his reasons in writing for so doing.

32. Power to direct removal of villages.—Where it is expedient on military grounds, the Federal Government may, by order in writing, direct the removal of any village situated in close proximity to the frontiers of Islamic Republic of Pakistan to any other suitable site, and award to the inhabitants such compensation for any loss which may have been occasioned to them by the removal of their village as, in the opinion of the Federal Government, is just and adequate.".

12. Omission of Section 33, Regulation III of 1901.—In the said Regulation, Section 33 shall be omitted.

13. Substitution of Section 34, Regulation III of 1901.—In the said Regulation, for Section 34 the following shall be substituted, namely:—

"34. Attachment or disposal of buildings used by robber, etc.—(1) Where the Political Agent or District Coordination Officer, as the case may be, is satisfied that any building is habitually used as a meeting place by robbers, house-breakers, thieves, receivers of stolen properties, protectors or harbourers of thieves or their abettors, habitual offenders who commit or attempt to commit, or abet the commission of the offences of kidnapping, abduction, extortion, cheating, mischief, car-lifting, offences involving breach of peace, or by desperate and dangerous criminals or for the purpose of gambling, he may, by order in writing, direct the arrest of such persons and prohibit the owner or occupier thereof from so using such building, and, if the order is not obeyed, he may, by a like order, direct that the building be attached in favour of Government of Pakistan, and where such attachment is not feasible, then the Political Agent or District Coordination Officer, as the case may be, may pass an order of the disposal of the building if the Jirga of the Tribe expresses its inability to effect surrender of the accused to the Administration. Such further order shall be without prejudice to any punishment to which the offenders or owner or occupier of such building may, under any law for the time being in force, be liable for disobedience of the prohibitory order.

(2) No person shall be entitled to any compensation in respect of the disposal of any building under sub-section (1).".

14. Omission of Section 35, Regulation III of 1901.—In the said Regulation, Section 35 shall be omitted.

15. Substitution of Sections 36 to 40, Regulation III of 1901.—In the said Regulation, for Sections 36 to 40 the following shall be substituted, namely:—

"36. Power to require persons to remove in certain cases.—Where, in the opinion of the Political Agent or District Coordination Officer, as the case may be, any person,—

(a) is dangerously fanatic; or

(b) belongs to a frontier tribe and has no ostensible means of subsistence or can not give a satisfactory account of himself; or

(d) has occasioned cause of quarrel likely to lead to blood-shed;

the Political Agent or District Coordination Officer, as the case may be, may by order in writing, require him to reside beyond the limits of the territories to which this Regulation extends, or at such place within the said territories as may be specified in the order:

Provided that, if the person has a fixed habitation in the place which the Political Agent or District Coordination Officer, as the case may be, requires him to leave, an order under this section may not be made without the recommendations of Council of Elders.

37. Penalty for breach of certain orders.—Whoever contravenes the provisions of Section 31, or disobeys an order under Section 21 or Section 32, or a prohibition under Section 34, or a requisition under Section 36, shall be punishable with imprisonment for a term which may extend to one year, and shall also be liable to fine which may extend to ten thousand rupees.

38. Powers of arrest.—In any place in which all or any of the provisions of this Regulation are for the time being in force—

(i) any private person may, without an order from a local administration and without a warrant, arrest or cause to be arrested, and make over or cause to be made over to Political Agent or District Coordination Officer, as the case may be, or take or cause to be taken to the nearest notified post of the local administration, any person who has been concerned in any cognizable offence or against whom a reasonable complaint has been made or credible information has been received, or reasonable suspicion exists of his having been so concerned; and

(ii) Section 46 of the Code of Criminal Procedure, 1898 (Act V of 1898), shall, mutatis mutandis apply to Federally Administered Tribal Areas.

39. Arrest without warrant in cases under Section 496A, Pakistan Penal Code 1860 (XLV of I860).—(1) Where there is reason to believe that a person has committed or attempted to commit an offence punishable under Section 496A of the Pakistan Penal Code (XLV of 1860), an officer of the Law Enforcement Agencies, under the command of Political Agent or District Coordination Officer, as the case may be, without an order from a Magistrate and without a warrant, arrest that person on the requisition of the husband of the woman, or, in his absence of a person having the care of her on his behalf, or, in the absence of both the husband and any such person as laws aforesaid from the village in which the woman resides, on the requisition of a head man of the village.

(2) An officer of law Enforcement Agencies, under the command of Political Agent or District Coordination Officer, as the case may be making an arrest under sub-section (1) shall, without unnecessary delay, take or send the person arrested to the nearest Magistrate having jurisdiction.

(3) The Magistrate may in default of bail being furnished to his satisfaction, detain the person arrested for such period, not exceeding fourteen days, as may be necessary to enable the husband, or, his absence, a person who had care of the woman on his behalf, to make a complaint.

40. Security for keeping the peace.—(1) Where any person, who is likely to do any wrongful act or commit any offence, which may cause breach of peace or disturb the public tranquility, is produced before the Political Agent or the District Coordination Officer, as the case may be, he may require such person to show-cause why he should not be ordered to execute a bond with or without sureties for good behaviour and keeping the peace for a period not exceeding two years.

(2) The Political Agent or District Coordination Officer, as the case may be, shall hold necessary inquiry as nearly as may be practicable, into the truth of the information upon which such action has been taken, in accordance with sub-section (2) of Section 117 of the Code of Criminal Procedure, 1898 (Act V of 1898).

(3) Pending completion of such inquiry, the Political Agent or District Coordination Officer, as the case may be, if he considers that immediate measures are necessary for preventing the breach of peace or commission of any offence, direct the person to execute a bond with or without sureties for keeping the peace and maintaining good behaviour failing which he may be detained until such bond is executed or, in default of execution of bond, until the inquiry is concluded within a period of thirty days.

(4) After holding such inquiry, as provided above, if it is proved that there is an apprehension of breach of peace or disturbance of public tranquility, the Political Agent or District Coordination Officer, as the case may be, may pass an order directing such person to execute the bond with or without sureties for his good behaviour and for keeping peace and tranquility for a period not exceeding two years failing which he may be detained. In case it is not proved that there is any apprehension of breach of peace or disturbance of public tranquility, the Political Agent or the District Coordination Officer, as the case may be, shall release such person if in custody, and if not in custody shall discharge him.

(5) Where a person has been convicted of the offences as mentioned in Section 106 of the Code of Criminal Procedure 1898 (Act V of 1898), for the offences under the laws mentioned in the Second Schedule he may be ordered to execute a bond with or without sureties for his good behaviour and for keeping the peace. If the conviction is set aside on appeal or otherwise, the bond so executed shall become void.

(6) Where the Political Agent or District Coordination Officer, as the case may be, is of the opinion that sufficient grounds exist for making an order under sub-section (4) he may, by order in writing, direct that the person concerned after his release shall notify his residence and any change of his residence in the manner prescribed in Section 565 of the Code of Criminal Procedure, 1898, for a term not exceeding two years.".

16. Insertion of Section 40A, Regulation III of 1901.—In the said Regulation, after Section 40, the following new section shall be inserted, namely:--

"40-A. Arrest by authorities other than Political Agents etc.—Whenever a person is arrested by the authorities other than the Political Agents, District Coordination Officers or their subordinate staff and is produced before the Political Agent or District Coordination Officer, as the case may be, he shall immediately inform the Governor or an Officer authorized by him and the Chairman FATA Tribunal about the production of such person before him and thereafter shall proceed against him in accordance with the provisions of this Regulation and the circumstances of the case.".

17. Substitution of Sections 41 to 45, Regulation III of 1901.—In the said Regulation, for Sections 41 to 45 the following shall be substituted, namely:—

"41. Security from families or factions in case of blood-feud.—Where a blood-feud or other cause of quarrel likely to lead to blood-shed exists, or, in the opinion of the Political Agent or District Coordination Officer, as the case may be, is likely to arise between two families or factions or tribes, the Political Agent or District Coordination Officer, as the case may be, after holding an inquiry as hereinafter provided, order all or any of the members of both families or factions or tribes or of either family or faction or tribe to execute a bond, with or without sureties, for their good behavior and keeping the peace, during such period, not exceeding two years as he may fix.

42. Procedure in inquiry.—Where the Political Agent or District Coordination Officer, as the case may be, holds an inquiry under this Regulation, he shall follow the procedure as prescribed in Section 117 (2) of the Code of Criminal Procedure, 1898 (Act V of 1898), as nearly as may be practicable. The record of the inquiry proceedings shall be maintained and such inquiry shall be concluded within thirty days.

43. Breach of bond.—(1) A bond executed under Section 40 shall be liable to be forfeited if the person bound thereby to be of good behaviour or to keep the peace, as the case may be, commits or attempts to commit, or abets the commission of any offence punishable with imprisonment or fine or both.

(2) A bond executed under Section 41 shall be liable to be forfeited, if the person or persons bound thereby to be of good behaviour or to keep the peace, as the case may be, commit or attempt to commit, or abet the commission of, any offence punishable with imprisonment in respect of any member of the opposite family or faction or tribe to which the bond related.

(3) If, while a bond executed under Section 41 is in force, the life of any member of either family or faction or tribe is taken or attempted to be taken, the Political Agent or District Coordination Officer, as the case may be, may declare the bond of all or any of the members of the other family or faction or tribe and their sureties if any, to be forfeited, unless it is shown to his satisfaction that the homicide or attempt was not committed by, or in consequence of the abetment of, any member of that family or faction or tribe.

(4) The procedure as provided in Chapter XLII of the Code of Criminal Procedure 1898 (Act V of 1898), shall be followed for the forfeiture of the bond under this Regulation.

44. Imprisonment in default of security.—(1) Where a person ordered to give security under Section 40 or Section 41, does not give security on or before the date on which the period for which the security is to be given commences or in cases of forfeiture of bond, he shall be committed to prison or, if he is already in prison, be detained in prison until the period for which the security was required, expires, or until within such period he or they furnish the required security bond to the satisfaction of the Court.

(2) Imprisonment for failure to give security under this Chapter may be simple or as the offence requiring the security directs in each case.

45. Length of imprisonment.—Where a person has suffered imprisonment for two years for failure to give security under Section 40 or Section 41, he shall be released forthwith, provided where the person in the opinion of the Political Agent or District Coordination Officer, as the case may be, is habitual or desperate or hardened criminal or the grounds on which he was detained have not ceased, the Political Agent or District Coordination Officer, as the case may be, may proceed afresh under the provisions of this Chapter for passing a fresh order and reasons thereof be recorded.".

18. Omission of Section 46, Regulation III of 1901.—In the said Regulation, Section 46 shall be omitted.

19. Substitution of Sections 47 and 48, Regulation III of 1901.—In the said Regulation, for Sections 47 and 48 the following shall be substituted, namely:—

"47. Modified applications of Chapters VIII and XLII, Act V of 1898.—Where, within the territories in which all or any of the provisions of this Regulation are for the time being in force, it is found necessary or expedient to take security under this Regulation from the inhabitants of the Federally Administered Tribal Areas against whom all or any of the provisions of Sections 40 to 45 may for the time being in force, the provisions of Chapters VIII and XLII of the Code of Criminal Procedure, 1898, shall be read as if for the words "High Court", "Court of Session" and "Sessions Judge" wherever they occur, the words "FATA Tribunal and the Appellate Authority" be substituted, and all references to any such Court shall be deemed to refer to FATA Tribunal or the Appellate Authority, as the case may be.

48. Appeal.—An appeal shall lie to the Commissioner or Additional Commissioner if authorized so by the Governor, within thirty days from the date of any decision given, decree or sentence passed, or order made by the Political Agent or District Coordination Officer, as the case may be, under this Regulation,".

20. Omission of Section 49, Regulation III of 1901.—In the said Regulation, Section 49 shall be omitted.

21. Substitution of Sections 50 to 55, Regulation III of 1901.—In the said Regulation, for Sections 50 to 55 the following shall be substituted, namely:—

"50. Powers in exercise of criminal appellate jurisdiction.—The Appellate Authority may, in the exercise of its appellate jurisdiction in any criminal proceedings, exercise the powers to direct tender of pardon conferred by Section 338 of the Code of Criminal Procedure 1898, and any of the powers conferred on an Appellate Court by Sections 195,405 to 410,422,423,426 to 428 of the Code of Criminal Procedure, 1898 (Act V of 1898), and may also enhance any sentence after issuance of show-cause notice to the convict:

Provided that nothing in this Chapter shall be deemed to authorize the Appellate Authority to set aside the findings on any question of fact of a Council of Elders, where such findings has been accepted by the Political Agent or District Coordination Officer, as the case may be, unless it is of the opinion that there has been a material irregularity or defect in the proceedings or that the proceedings have been so conducted as to occasion a miscarriage of justice. The Appellate Authority shall dispose of the appeal within sixty days.

51. Sentences which may not be passed on appeal.—No sentence shall be passed by the Appellate Authority in the exercise of its appellate jurisdiction which the Political Agent or District Coordination Officer, as the case may be, could not have passed under this Regulation.

52. Powers in exercise of civil appellate jurisdiction.—The Appellate Authority may on appeal confirm, set aside, vary or modify the decision, decree or order appealed against or remand the case:

Provided that nothing in this Chapter shall be deemed to authorize the Appellate Authority to vary or set aside any decision, decree or order given, passed or made in any civil proceedings under this Regulation, unless it is of the opinion that there has been a material irregularity or defect in the proceedings or that the proceedings have been so conducted as to occasion a miscarriage of justice or that the decision, decree or order is contrary to good conscience or public policy.

53. Record of reasons.—Where the Appellate Authority, in exercise of its appellate jurisdiction in any proceedings under this Regulation, varies or sets aside or confirms any decision, decree, sentence or order, it shall record its reasons for so doing.

54. Bar of review of order passed by the Appellate Authority, Political Agent or District Coordination Officer.—The Appellate Authority, Political Agent or the District Coordination Officer, as the case may be, shall not review any decision, decree, sentence or order given, passed or made by itself.

55. Enforcement of orders made on appeal.—Every decision given, judgment and decree passed or order made by the Appellate Authority in exercise of its appellate jurisdiction shall be enforced as if it was a judgment, decree or an order of the Political Agent or District Coordination Officer, as the case may be, and the Political Agent or District Coordination Officer, as the case may be, shall do all acts and things necessary to give effect thereto.".

22. Substitution of Section 55A, Regulation III of 1901.—In the said Regulation, for Section 55A the following shall be substituted, namely:—

"55A. (1) A revision shall lie to the FATA Tribunal within ninety days against any decision given, judgment, decree or sentence passed or order made by the Appellate Authority under this Regulation.

(2) FATA Tribunal shall consist of a Chairman, being a person who has been a civil servant of not less than BPS-21 having experience of Tribal Administration and two other members, out of whom one shall be a person who is qualified to be appointed as Judge of the High Court, well conversant with Rewaj, and the other who has been a civil servant of not less than BPS-20 having experience of Tribal Administration.

(3) The Chairman and the members shall be appointed by the Governor on such terms and conditions as he may determine for a period of three years or during the pleasure of the Governor.

(4) The Tribunal shall have the same powers with which the Appellate Authority has been invested under Sections 50 and 52 of this Regulation and may also call for the record of any proceedings or case from the subordinate forum and revise any decision, decree, sentence or order given, passed or made under this Regulation. The Tribunal may whenever it thinks proper, direct.—

(a) that a person within limits of its jurisdiction be brought up before the tribunal to be dealt with according to law;

(b) that a person illegally or improperly detained in public or private custody within such limits be set at liberty;

(c) that a person detained in any jail situated within such limits be brought before the tribunal to be there examined as a witness in any matter pending or to be inquired into such tribunal; and

(d) that a prisoner within such limits be removed from a custody to another for purpose of trial.

(5) The tribunal may from time to time, frame rules to regulate the procedure in such cases.".

23. Insertion of Sections 55AA and 55AAA, Regulation III of 1901.—In the said Regulation, after Section 55A, substituted as aforesaid, the following new Sections shall be inserted, namely:—

"55AA. Review.—The FATA Tribunal may, on an application of any person, filed within thirty days, considering himself aggrieved of any decision given, judgment and decree passed or order made by it, review the same to correct any mistake or error apparent on the face of record or for any other sufficient ground and shall record reasons thereof.

55AAA. False Prosecutions.—(1) Where the Political Agent or the District Coordination Officer, as the case may be, finds that the accusation against the accused was false or malicious, he may call upon the complainant or the informant to show-cause why he should not pay adequate compensation to such accused or, where there are more than one, to each or any of such accused, after considering any cause which such complainant or informant may show, and on the satisfaction of the Political Agent or District Coordination Officer, as the case may be, was false and malicious, he may, for reasons to be recorded in writing, order the complainant or Informant to pay adequate compensation to such accused or each of any of such accused keeping in view the nature of accusation and quantum of sentence of offence with which he was falsely or maliciously charged and in default of payment of compensation shall suffer simple imprisonment which may extend to six months.

(2) In any civil matter the Political Agent or District Coordination Officer, as the case may be, finds that any claim or defence of any party to be false, frivolous or vexatious, he may direct to pay the cost of litigation and also grant compensatory costs corresponding to the false claim or defence, as the case may be.".

24. Substitution of Sections 56, 57 and 58, Regulation III of 1901.—In the said Regulation, for Sections 56,57 and 58 the following shall be substituted, namely:—

"56. Protection of Property Rights.—No person shall be compulsorily deprived of his property unless he is paid adequate compensation with consensus rate or Government assessed value as in vogue in settled areas.

57. Power of Political Agent or District Coordination Officer to order disposal of certain fines.—(1) The Political Agent or District Coordination Officer, as the case may be, may make such order in writing for the disposal of any fine imposed under Sections 12 and 22, deposited in Agency Welfare Fund to be regulated by the rules to be framed under Section 62.

(2) Where, in pursuance of an order made under sub-section (1), a person has received compensation for an injury out of the proceeds of a fine, no Civil Court shall take cognizance of a claim to compensation based on the same injury.

58. Maintenance of register.—(1) Registers shall be kept and maintained, in forms to be approved by the Governor, of all cases dealt with by the Political Agent or District Coordination Officer, as the case may be, the Appellate Authority and the FATA Tribunal under this Regulation.

(2) The record of all sums received as fines under this Regulation and disbursed by the Political Agent or the District Coordinating Officer, as the case may be, shall be maintained and accounted for, which shall be audited annually. The auditing authority, audit mechanism and such other modalities to be determined in the rules to be framed under Section 62".

25. Insertion of Section 58A, Regulation III of 1901.—In the said Regulation, after Section 58 the following new section shall be inserted, namely:—

"58A. Jail Inspection.—FATA Tribunal, the Appellate Authority and the Political Agent or District Coordination Officer, as the case may be, shall visit the jails where the tribal convicts or detainees have been kept twice a year.".

26. Omission of Section 59, Regulation III of 1901.—In the said Regulation, Section 59 shall be omitted.

27. Substitution of Sections 60 to 62, Regulation III of 1901.—In the said Regulation, for Sections 60 to 62 the following shall be substituted, namely:—

"60. Finality of proceedings under this Regulation.—Except as otherwise provided in this Regulation, no decision made, judgment, decree or sentence passed or order made or act done, under Chapter III, Chapter IV, Chapter V or Chapter VI of the Code of Criminal Procedure 1898, (Act V of 1898), shall be called in question in, or set aside by, any Civil or Criminal Court.

61. Application of provisions of the Limitation Act of 1908.—Unless otherwise provided in this Regulation, the provisions of the Limitation Act, 1908 (IX of 1908), for filing an appeal, revision and review before the Appellate Authority or the FATA Tribunal shall, mutatis mutandis, apply under this Regulation.

62. Power to make rules.—The Governor may make rules to carry out the purposes and objects of this Regulation.".

28. Insertion of Section 62A, Regulation III of 1901.—In the said Regulation, after Section 62, the following new section shall be inserted, namely:--

"62A. Power to make rules for the issue and safe custody of rifles and ammunition and for the imposition and recovery of fines.—(1) The Federal Government may make rules for the issue and safe custody of rifles and ammunition for border village defence, and for the imposition and recovery of fines for any breach of such rules.

(2) Fines imposed for a breach of the rules made under this section may be recovered in the manner laid down in Section 386 of the Code of Criminal Procedure, 1898 (Act V of 1898).".

29. Substitution of Section 63, Regulation III of 1901.—In the said Regulation, for Section 63, the following shall be substituted, namely:—

"63. Indemnity.—No suit or other legal proceeding shall lie against any person for anything done or intended to be done in good faith under this Regulation.".

30. Omission of Section 64, Regulation III of 1901.—In the said Regulation, Section 64 shall be omitted.

31. Substitution of First, Second and Third Schedules, Regulation III of 1901.—In the said Regulation, for the First, Second and Third Schedules the following shall be respectively substituted, namely:—

"THE FIRST SCHEDULE

[See Section 4(3)]

PART I—Powers and Functions with which Assistant Political Agents may be vested by Political Agent or District Coordination Officer.

(a) All or any of the powers and functions of a Political Agent or District Coordination Officer, as the case may be; and

(b) without prejudice to the generality of the foregoing clause, with the--

(i) power to make orders of reference to Council of Elders under Section 8 (1);

(ii) power to appoint the members of Council of Elder with the consent of parties under Section 8(2) when an order of reference to a Council of Elders is made under Section 8(1);

(iii) power to nominate the members of the Council of Elders when an order of reference to a Council of Elders is made under Section 11(1);

(iv) power to consider and dispose of objections made by the accused or the complainant to the nomination of the members, and after the disposal of the objections, appoint the members of Council of Elders under Section 11(2) and

(v) power to take surety bond under Section 40.

PART II—Powers and Functions with which Magistrates may be invested by the Governor.

(a) power to appoint the members of a Council of Elders with the consent of parties where an order of reference to a Council of Elders is made under Section 8(1);

(b) power to nominate the members of the Council of Elders when an order of reference to a Council of Elders is made under Section 11(1); and

(c) power to consider and dispose of objections made by an accused or the complainant to the nomination of the members, and after disposal of the objections, appoint the members of Council of Elders under Section 11(2).

THE SECOND SCHEDULE

[See Sections 3(3), 13(c) and 40(5)]

1. Any offence punishable under any of the following Sections of the Pakistan Penal Code, namely Sections 121, 121-A, 122, 123, 124-A, 125, 126, 127, 131, 144, 148, 150, 193, 194, 195, 196, 201, 211, 2l2, 216, 216-A, 295-B, 302, 304, 307, 308, 324, 325, 326, 328, 354, 363, 364, 365, 365-A, 366, 367, 368, 369, 376, 377, 379, 380, 381, 382, 386, 387, 392, 393, 394, 395, 396, 397, 398, 399, 400, 402, 411, 412, 413, 414, 427, 428, 429, 435, 436, 440, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 489-B, 489-C, 494, 495 and 496-A.

2. Any offence punishable under Sections 29 and 30 of this Regulation.

3. Any offence punishable under any of the provisions of the Custom Act, 1969 (Act No. IV of 1969).

4. Any offence punishable under the Prohibition (Enforcement of Hadd) Order, 1979 (President's Order No. 4 of 1979).

5. Any offence punishable under any of the provisions of the Employment of Children Act, 1991 (V of 1991).

6. Any offence punishable under the Control of Narcotics Substances Act, 1997 (XXV of 1997).

7. Abetment of any of the offences aforesaid.

8. Attempt to commit any of the offences aforesaid which are not themselves expressed to be attempts to commit offences.

THE THIRD SCHEDULE

[See Section 1(3)]

Federally Administrated Tribal Areas include;

(i) Tribal Area, adjoining Peshawar District;

(ii) Tribal Areas adjoining Kohat District;

(iii) Tribal Areas adjoining Bannu District;

(iv) Tribal Areas adjoining Dera Ismail Khan District;

(v) Tribal Areas adjoining Lakki Marwat District;

(vi) Tribal Areas adjoining Tank District;

(vii) Bajaur Agency;

(viii) Orakzai Agency;

(ix) Mohmand Agency;

(x) Khyber Agency;

(xi) Kurram Agency;

(xii) North Waziristan Agency;

(xiii) South Waziristan Agency.".

------------------------

REGULATION, 2011

CODE OF ETHICS OF PRACTICE FOR MEDICAL AND DENTAL PRACTITIONERS,
REGULATIONS, 2011

[Gazette of Pakistan, Extraordinary, Part-II, 16^th July, 2011]

S.R.O. 80(KE)/2011, dated 3.6.2011.--In exercise of the powers conferred by sub-section (1) (i) of Section 33 of the Pakistan Medical and Dental Council. Ordinance, 1962 (XXXII of 1962), the Pakistan Medical and Dental Council, with the previous sanction of the Federal Government, is pleased to make the following regulations, namely:

PART I

PRILIMINARY

1. Short title and commencement.--(1). These regulations may be called the Code of Ethics of Practice for Medical and Dental Practitioners, Regulations, 2011.

(2) They shall come into force at once

(3) They shall extends to whole of Pakistan

PART II

GENERAL

2. Declaration before registration.--Each applicant, at the time of making an application for registration with the Council, shall submit a declaration that he has read, understood and agreed to abide by these regulations on the format set out in the Annexure I of these regulations.

3. Duties of physicians in general.--A physician shall always maintain highest standards of professional conduct and shall actively participate in continuous medical education and as such a physician shall,--

(a) not permit motives of profit to influence the free and independent exercise of professional judgment on behalf of patients;

(b) in all type of medical practice, be dedicated to providing competent medical services with full technical and moral independence, with compassion and respect for human dignity;

(c) deal honestly with patients and colleagues and strive to expose those physicians deficient in character or competence or who engage in fraud or deception;

(d) respect the rights of patients, colleagues and of other health professionals and shall safeguard patient confidences;

(e) act only in the patient's interest when providing medical care which might have the effect of weakening the physical and mental condition of the patient;

(f) use great caution in divulging discoveries or new techniques or treatment through non-professional channels; and

(g) certify only that which he has personally verified.

4. Duties of Physicians to the Sick.--A physician shall--

(a) always bear in mind the obligation of preserving human life;

(b) owe his patients complete loyalty and all the resources of his science;

(c) summon another physician who has the necessary ability when ever an examination or treatment is beyond the former physician's capacity;

(d) preserve absolute confidentiality on all he knows about his patient even after the patient has died; and

(e) give emergency care as a humanitarian duty unless he is assured that others are willing and able to give such care.

5. Duties of Physicians to each other.--A physician shall--

(a) behave towards his colleagues gently;

(b) not entice patients from his colleagues; and

6. Medical Ethics and religion.--A medical or dental practitioner shall respect the beliefs of the patients and shall not impose his beliefs on the patient.

7. Practice of medicine, surgery and dentistry prohibited without registration etc. with Council.--(1) No person shall practice modern system of medicine or surgery unless that person is a doctor or dentist having registered qualification and valid registration with Pakistan Medical and Dental Council.

(2) Every medical or dental practitioner has to ensure that his registration with the Council is valid.

8. Display of registration numbers.--(1) Every medical or dental practitioner shall, in his clinic or place of practice, display a copy of valid registration certificate issued to him by the Council and refer his registration number in all his prescriptions, certificates, money receipts given to his patients.

(2) No medical or dental practitioner shall display suffixing to his name those degrees or diplomas which have not been registered by the Council. A medical or dental practitioner shall not be considered a specialist unless an additional qualification of that specialty has been registered by the Council against his name.

9. Rational use of drugs.--(1) Every Medical or dental practitioner shall adopt practice with good and rational practices to prescribe drugs.

(2) A medical or dental practitioner shall:--

(a) be free to choose whom to serve, with whom to associate and lay down the timings and place of professional service for the patients;

(b) not be bound to treat each and every person asking his services, but he shall not only be ever ready to respond to the calls of the sick and the injured, if in his opinion the situation warrants it as such, but shall be mindful of the high character of his mission and the responsibility he discharges in the course of his professional duties;

(c) in his treatment, never forget that the health and the lives of those entrusted to his care depend on his skill and attention; and

(d) if not available due to any reason and the patient requires continuous monitoring or care, then the Medical or dental practitioner shall arrange for another Medical or dental practitioner of sufficient proficiency as an alternate and inform the patient.

(3) For a medical or dental practitioner to advise a patient to seek service of another medical or dental practitioner is acceptable, however, in case of emergency, the medical or dental practitioner must treat the patient first.

(4) No medical or dental practitioner shall normally refuse treatment to a patient, however for good reason if the medical or dental practitioner thinks it would not be appropriate to provide his professional services to a particular patient or when a patient is suffering from an ailment which is not within the range of experience of the treating medical or dental practitioner, the medical or dental practitioner may refuse treatment and refer the patient to another medical or dental practitioner.

PART III

TEACHING ETHICS TO STUDENTS

10. The Teaching of medical ethics.--(1) The curriculum committee of the Council will ensure that adequate information on this Code of Ethics is included in the undergraduate medical college curriculum and that case studies have been prepared and disseminated to provide guidance to medical or dental practitioners.

(2) The goal of teaching medical ethics shall be to improve the quality of patient care by enhancing professional performance through a consideration of the clinician's values, beliefs, knowledge of ethical and legal construct, ability to recognize and analyze ethical problems and interpersonal and communication skills and consideration of the patient, whereby students shall be able to identify, analyze and attempt to resolve common ethical problems of medical and clinical nature.

(3) All medical and dental colleges running MBBS and BDS courses, College of Physician and Surgeons of Pakistan and universities running the postgraduate medical courses in Pakistan may incorporate medical ethics into their curriculum.

(4) Relevant books and journals shall be made available in the central and departmental libraries of the medical institutions, and publication of papers on issue related to medical ethics.

(5) All medical or dental practitioners may develop strategies for dissemination of information about ethics and ethical issues to their colleagues and students, public and patients, specifically when teaching medical and dental students.

PART IV

EXPECTATIONS

11. Council's expectations.--The Council expects each medical or dental practitioner to--

(a) promote fundamental principle of responsibility of physicians to the right of individuals and societies to stated standards of professional competence, appropriate care, conduct and integrity of medical or dental practitioners;

(b) uphold the ethical principles of medical practice that is to say autonomy, beneficence, non-maleficience. and justice;

(d) take their responsibilities as a teacher seriously;

(e) be responsive to cultural and religious sensitivities;

(f) declare in a transparent manner, any potential conflict of interest;

(g) inculcate these values in students, through instruction and role modeling;

(h) promote the education of the public on (a) health issues and (b) their rights to quality care;

(i) ensure continuation of practice only when in normal physical and mental health; and

(j) bring colleagues to comply with these generally accepted norms of practice and expose physicians and dentists deficient in competence, care and conduct.

PART V

FUNDAMENTAL ELEMENTS OF PATIENT - PHYSICIAN RELATIONSHIP

12. Rights of the Patient.--(1) To share with physicians the responsibility for their own health care, the patient:--

(a) has right to receive information from physicians and to discuss the benefits, risks, costs of appropriate treatment, alternatives and optimal course of action:

(b) is entitled to obtain copies or summaries of their medical records, to have their questions answered and to receive independent additional professional opinions;

(c) has the right to make decisions regarding the health care that is recommended by his physician and as such the patients (or his next of kin) may accept or refuse any recommended medical treatment in writing;

(d) has the right to Courtesy, respect, dignity, timely responsiveness to his health needs, and respect of his gender and sanctity;

(e) has the right to confidentiality; and

(f) has the right to continuity of health care.

(2) The physician has an obligation to cooperate in the coordination of medically indicated care with other health care providers treating the patient.

13. Second opinion.--Patients are entitled to a second or further medical opinion about their illness and on request, medical or dental practitioner must either initiate or facilitate a request for this and provide the information necessary for satisfactory referral.

14. Rights of the medical or dental practitioner.--It is obvious that patients and their attendants shall respect the privacy of the medical or dental practitioner. Patient shall call the medical or dental practitioner on telephone only in a dire emergency and not otherwise and on telephone, patients shall restrict themselves to their medical or dental problem only and not use this factlity for seeking other information.

PART VI

ETHICAL STANDARDS OF PROFESSIONAL COMPETENCE, CARE AND CONDUCT

15. Conduct of medical or dental practitioner.--In all dealings with patients, it is expected that the interest of patient and advantage to the patient's health will be the major consideration to influence the medical or dental practitioners' conduct. The physician-patient-relationship shall be developed as one of trust. A professional shall always maintain and demonstrate a high standard of professional conduct by,--

(a) being in conformity with the principles of honesty and justice;

(b) not permitting motives of profit to influence (free and independent exercise of professional judgment;

(d) not paying or receiving any fee or any other consideration solely to procure the referral of a patient or for prescribing or referring a patient to any source:

(e) maintaining the honorable tradition by which the physician is regarded as a friend to all persons of any class, caste, color, religion, sex, ethnicity, occupation, creed, religion and social status; and

(f) being honest, factual, objective, unbiased as a reviewer for scientific material for publication; for funding purposes; and when providing reference, ensuring that comments are honest, justifiable, unbiased and contain evidence on the subject's competence, performance, reliability and conduct, taking steps to ensure the accuracy of any public communications including the communication of degrees, institutional affiliation, extent of services offered and credentials.

16. Statement to patients and their relatives or representatives.—All statements to the patients or their representatives shall be made only by the consulting medical or dental practitioners and not by any associates or assistants etc.

17. Examination, consultation or procedures on a female patient.--(1) A female patient shall be given consultation either by a female medical or dental practitioner or shall be examined in the presence of a female attendant by a male doctor. Under no circumstances a male attendant, assistant or husband or relative etc shall be allowed during a gynecological and obstetrical consultation, examination or during normal delivery being conducted by a female medical practitioner. However in exceptional circumstances a patient may file a request with the medical practitioner to allow her husband to witness a normal delivery and the medical practitioner may consider the request and shall ensure that sanctity of the female patient is preserved during procedures and consultation and there is no unnecessary exposure.

18. Assistance of unregistered person prohibited.--(1) a medical or dental practitioner will not assist an unregistered person to practice or teach medicine or dentistry or associate professionally with such a person performing the functions as a medical or dental practitioner and knowingly assisting such an individual shall make a registered medical or dental practitioner liable to disciplinary action. This does not preclude a medical or dental practitioner from imparting proper training to medical students, nurses, midwives and other paramedical personnel, provided the doctor concerned keep a strict supervision over such individuals when treating patients.

(2) A medical or dental practitioner shall use great caution in divulging discoveries or new techniques or treatment through non-professional channels.

(3) A medical or dental practitioner shall not allow his name to be used by any other person or let any other person sit in his place of practice if that person is not a registered medical or dental practitioner.

(4) A physician shall owe his patients all the resources of his science. Whenever an examination or treatment is beyond the physician's capacity he shall consult another physician who has the necessary ability.

19. Prisoners.--Prisoners who are ill must be treated in the same manner as other sick people. However, doctors have a right to take appropriate precautions if they think there is a possibility of physical violence by the patient. Where a suspect refuses consent to a medical examination, the doctor unless directed to the contrary by a Court of law, shall refuse to make any statement based on his observation of the suspect other than to advise the police whether or not the suspect appears to require immediate treatment or removal to hospital. This does not of course, preclude the doctor from making a statement in Court based on such observation in circumstances where the accused later gives his consent to disclosure.

20. Permission of patient before examination.--A doctor shall normally take permission from a patient before making a physical examination. In case of minors, the child's guardian shall be present or give permission for the examination. For any intimate examination the patient, irrespective of age, patient is entitled to ask for an attendant to be present. Such requests shall be acceded to whenever possible.

21. Care.--(1) The patient-physician or patient dental practitioner relationship constitutes a fiduciary obligation, requiring physicians to be responsible to serve the interests of patients above their own financial or other interests. The medical or dental practitioner is expected to provide a quality of care for a patient which is timely, compassionate, respecting human privacy and dignity, non-discriminating and does not exploit vulnerable situations. Negligence in respect of professional duties may justify suspension or removal from the Register.

(2) The medical or dental practitioner shall bear in mind the obligation of preserving life and will not discriminate on the basis of age, sex, gender, class, race, ethnicity, national origin, religion, sexual orientation, disability, health conditions, marital discord, domestic or parental status, criminal record, or any other applicable bias as proscribed by law, and ensure that personal beliefs do not prejudice patient care.

(3) The Medical or dental practitioner shall not exploit persons over whom they have direct or indirect supervisory, evaluative, management or other authority, such as students and patients, supervisees, employees or research participants, whether for personal, professional or economic reasons.

(4) The medical or dental practitioner shall delegate to a student or other physician, only those responsibilities that such persons, based on their education, training and experience, can reasonably be expected to perform either independently or with the level of supervision provided.

(5) The Medical or dental practitioner shall additionally--

(a) identify themselves to patients whom they are treating;

(b) treat all patients with dignity and respect;

(d) give patients (and provided patient agrees, family members) information (about their illness) in a way that they can understand;

(e) respect the rights of patients to be involved fully in decisions about their care;

(f) ensure that conflict of interest does not prevent them from performing their professional work in an unbiased manner; and

(g) adhere to veracity (truth telling) as judged in the patient's interest.

22. Details, of information.--It is obvious that patients do not always fully understand the information, and advice given to them by doctors. They shall be encouraged to ask questions. These shall be answered carefully in non-technical terms if necessary with or without information leaflets, as the aim is to promote understanding and to encourage compliance with recommended therapy. The doctor shall keep a note of such explanation and if it is felt that the patient still does not understand, it may be advisable to ask the patients permission to speak to a relative. The medical or dental practitioner shall break all news to the patient and relatives etc. himself and shall not allow his coworkers to do that.

23. Maternity care.--Registered medical practitioners who agree to undertake the antenatal and delivery care of a woman shall clearly inform her, in advance, the arrangements for delivery. In Pakistan, according to law a pregnancy can be terminated only if there is a serious risk to the life of the pregnant women. The choice of gender of baby by any means shall be illegal and the gender of the foetus shall not be disclosed unless it is absolutely sure that no harm shall come to the baby and mother as a result of this disclosure.

24. Information about doctor or dentist conducting procedures.—Patients undergoing procedures or treatment of any sort have the right to be informed as to which doctor or doctors are to be involved and what will be nature of the procedure with its advantages, disadvantages, risks and alternative, Options.

25. Competence.--(1) A medical or dental practitioner in active clinical practice is expected to continuously strive for improving his knowledge and keep abreast with the latest advancements in the field. He shall seek out sources of such knowledge and try to attend professional meetings or activities for advancement of professional knowledge. He shall maintain knowledge of CME programmes by Council and try to participate in them to gain CME credits. CME credits shall be provided by specialist boards authorized by Council for the purpose.

(2) The medical or dental practitioners will attempt to maintain the highest levels of competence in their work more specifically the skill in diagnosing, clinical decision-making, planning, implementation, monitoring and evaluation of intervention and teaching; and shall accept responsibility for their actions. They shall therefore,--

(a) only undertake tasks for which they are qualified allowed by virtue of education, training or experience and know their limitations;

(b) keep abreast of latest information about their subject through continuing education;

(d) have an approach that favours competent clinical care through a careful assessment of the patient's problem, based on elicitation and analysis of the patient's history and physical examination; careful decisions on need for further investigation and request for additional consultation, appropriate management and prompt action where indicated, an approach that shuns internet prescribing or telephonic prescribing except when the physician is cognizant of the individuals past medical history;

(e) acquire the knowledge and skills to provide proper training and supervision to their students so that such persons perform services responsibly, competently and ethically; and will be honest and objective in the assessment and certification of performance of students supervised;

(f) monitor and maintain an awareness of the quality of the care provided by himself through a review of carefully recorded data and respond constructively to assessments by self and peers which identify need for further training or education;

(g) recognise the realistic efficacy of investigation and medication and use technology and medicine only where appropriate; and

(h) restrict prescription of drugs, appliances or treatments to only those that are beneficial to the patient.

26. Treatment without direct patient contact.--Prescribing of medications by medical or dental practitioners requires that the physician shall demonstrate that a documented history and physical examination and drug reaction history are available and that there has been a sufficient dialogue between the patient and the doctor on options in management, and a review of the course of the illness and side effects of the drug but the Council accepts that in an emergency, during on call or cover call, or when in a partnership the case records are available, a physician may prescribe a new prescription without seeing the patient but only emergency single dose shall be prescribed and the patient shall be called over for a checkup. Telemedicine to the extent of radiological reporting is allowed.

27. Confidentiality.--The physician has a right to and shall withhold disclosure of information received in a confidential context, whether this is from a patient or as a result of being involved in the management of the patient, or review of a paper, except in the following specific circumstances where he may carefully and selectively disclose information where health, safety and life of other individual may be involved, namely,--

(a) The medical or dental practitioner cannot seek to gain from information received in a confidential context (such as a paper sent for review) until that information is publicly available;

(b) There is no legal compulsion on a doctor to provide information concerning a criminal abortion, venereal disease, attempted suicide, or concealed birth regarding his patients to any other individual or organization. When in doubt concerning matters, which have a legal implication, the medical or dental practitioner may consult his/her legal adviser;

(c) The professional medical record of a patient shall not be handed over to any person without the consent of the patient or his/her legal representative. No one has a right to demand information from the doctor about his patient, save when the notification is required under a statutory or legal obligation and when in doubt, the medical or dental practitioner or a dentist may consult a legal advisor;

(d) confidences concerning individual or domestic life entrusted by patients to a medical or dental practitioner and defects in the disposition or character of patients observed during medical attendance shall never be revealed unless their revelation is required by law;

(e) a medical or dental practitioner who gains access to medical records or other information without consent shall be guilty of invasion of privacy; and

(f) the medical or dental practitioner who grants access of an information of a patient to a third person except, Council or law enforcing agencies, without consent shall be guilty of breach of confidentiality, but where a medical or dental practitioner is of the opinion to determine it his duty to society requiring him to employ knowledge about a patient obtained through confidence as a medical or dental practitioner, to protect a healthy person against a communicable disease to which he is about to be exposed, the Medical or dental practitioner shall give out information to concerned quarters.

28. Conflicts of interest.--For guidance of medical or dental practitioner a detail on conflict of interest is given at Annexure-II of these regulations.

29. Dealing with conflict of interest.--(1) A medical or dental practitioner must act in patient's best interests when making referrals and providing or arranging treatment or care and no inducement, gift or hospitality which may affect or be seen to affect judgment may be accepted and nor shall such inducements offered to colleagues.

(2) Financial commercial interests in organizations providing health care or in pharmaceutical or other biomedical companies must not affect the way that patients are prescribed, treated or referred.

(3) Financial or commercial interest in an organization to which a patient is to be referred for treatment or investigation must be declared to the patient

(4) Before taking part in discussions about buying goods or services, any relevant financial or commercial interest which the medical or dental practitioner or the medical or dental practitioner's family might have in the purchases, must be declared.

30. Truth telling.--In the practice of medicine, it is obvious that truth telling involves the provision of information not simply to enable patients to make informed choices about health care and other aspects of their lives but also to inform them about their situation. Patients may have an interest in medical information regardless of whether that information is required to make a decision about medical treatment.

The physicians shall strive to create a true impression in the mind of the patient which requires that information be presented in such a way that it can be understood and applied. Patients shall be told the truth because of the respect due to them as persons as patients have a right to be told important information that physicians have about them.

31. Advertising.--(1) When publishing or broadcasting information the medical or dental practitioner must not make claims about the quality of services nor compare services with those provided by colleagues. Announcements must not, in any way, offer guarantees of cures, nor exploit patients' vulnerability or lack of medical knowledge.

(2) Published information about services must not put pressure on people to use a service, for example by arousing ill-founded fear for their future health. Similarly, services must not be advertised by visiting or telephoning prospective patients, either in person or through a deputy.

(3) Medical or dental practitioners may announce any change of address or hours of practice in the local press either once in three papers or three times in the same paper, on three consecutive days, and the announcement shall be made in a normal manner and not unduly prominently as by big advertisements.

(4) Name plates may be fixed at the residence and on the premises where the medical or dental medical or dental practitioner practices and at his residence. The name plate shall not be ostentatious.

32. Certificates, reports and other documents.--When medical or dental practitioners are requested for certificates, medical reports birth or death certificates and any other documents, such documents shall be factual to the best of their knowledge. Due care shall be taken in regard to stating the date on which the patient has been examined etc.

33. Business and contractual obligations.--Physicians and dentists must ensure that they do not engage in any behaviour that negatively impacts directly or indirectly on patient care. Business and contractual obligations must never interfere with clinical decisions or negatively impact on patient care in any way. Physicians are discouraged from entering into business or other arrangements that include financial incentives; sharing of fees including refund based on successful outcomes and payments for referral of patients for laboratory investigations or other procedures except when a partnership is publicly known to exist.

34. Informed Consent.--For guidance of medical or dental practitioner a detail on informed consent is given at Annexure-III of these regulations.

35. Medical and dental students.--It is obvious that medical and dental students must identify themselves by name and must obtain permission from patients before examining them. It is advisable to limit the number of students examining any one patient.

36. Taking of photographs or videos for teaching purposes.--Taking of patients' photographs and videos shall be done in such a manner that a third party cannot identify the patient concerned. If the patient is identifiable, he or she shall be informed about the security, storage and eventual destruction of the record.

37. Adoption.--Doctors shall remember that in cases of proposed adoption there are several parties involved all of whom need continued support and counseling. Pregnant women who are considering giving up their babies for adoption shall be helped to approach advisory bodies or attorneys as the circumstances may be.

38. Leader of the medical or dental team.--The Medical or dental practitioner shall take his responsibilities as leader of the medical or dental team seriously as all responsibility of the care of the patient rests on him and not the Paramedical staff. The medical or dental practitioner shall not accept any paramedical staff to be in his team if he is not comfortable with him and this opinion shall be binding on the employer.

PART VII

PROFESSIONAL FEE AND TIMINGS

39. Fees and other charges.--(1) The fee charged from the patient for the treatment or consultation shall be as decided by the medical or dental practitioner. The treatment shall commence if the fee is acceptable to the patient, medical or dental practitioner and the hospital or clinic. If there is any disagreement the patient may seek care elsewhere. For poor or non-affording patients, the medical or dental practitioner may make a concession if he so desires. However, the medical or dental practitioner is bound to provide first aid to the patient in emergency and only then refer him.

(2) The medical or dental practitioner shall ensure that the fee is commensurate with his qualification and level of services offered and the hour at which his time was spent in providing the services.

(3) A Medical or dental practitioner shall announce his fees before rendering service and not after the operation or treatment is under way. Remuneration received for such services shall be in the form of currency only and its amount specifically announced to the patient at the time the service is rendered.

(4) The fee shall not be in the form of a favour of any kind.

(5) Medical or dental practitioners rendering service on behalf of the Government shall refrain from anticipating or accepting any consideration.

(6) A medical or dental practitioner shall clearly display his fees and other charges in his chamber and/or the hospitals he is visiting.

(7) A medical or dental practitioner can receive compensation of any medicine dispensed by him.

(8) A medical or dental practitioner shall write or stamp his name and designation in full along with registration number in his prescription letter head.

(9) A medical or dental practitioner shall consider it as a pleasure and privilege to render gratuitous service to all Medical or dental practitioners and their immediate family dependants.

40. Rebates and Commission.--A medical or dental practitioner shall not give, solicit, or receive nor shall he offer to give solicit or receive any gift, gratuity, commission or bonus in consideration of or return for the referring, recommending or procuring of any patient for medical, surgical or other treatment.

41. Communication with Patients.--To address many complaints to the Council refered due to lack of communication, or disCourtesy, on the part of the doctor, where differences have arisen between the doctor and the patient or the patients relatives there is much to be gained and rarely anything to be lost by the expression of regret by the doctor and feeling that any such expression would amount to an admission of liability may have inhibited doctors.

42. Maintenance of medical records.--Every medical or dental practitioner shall ensure proper documentation of his professional services along with necessary reports results maintained an easily discernable scientific method.

PART VIII

RESEARCH ETHICS AND CONSENT

43. Research Ethics and Consent.--(1) When conducting medical research involving human subjects, investigators shall remember their obligations with respect to individual patients. Ethical conduct of research requires that a human subject must participate willingly, having been adequately informed about the research and given consent that there is a favourable balance between the potential benefit and harm of participation; and that protection of vulnerable people is ensured. The validity of findings must address questions of sufficient importance to justify any risks to participants. In any clinical trial there must be genuine uncertainty as to which treatment arm offers the most benefit, and placebo controls shall not be used if equally effective standard therapies exist. When doubt exists, researchers shall consult the existing literature and seek the advice of experts in research ethics.

(2) All research projects involving human subjects, whether as individuals or communities, or the use of fetal material, embryos and tissues from the recently dead, shall be reviewed and approved by an Ethical Review Committee of the institution before the study begins.

(3) Written consent shall be obtained if patients are to be involved in clinical trials. The aims and methods of the proposed research, together with any potential hazards or discomfort, shall be explained to the patient. The consent document must be clearly written using non-technical language as to be understandable to subjects and use local language in addition wherever applicable.

(4) In situations where study subjects are too young or too incapacitated, as well as the mentally ill or unconscious person, consent to take part in research may be unobtainable. Research is best avoided unless it can be shown to be relevant and potentially beneficial to the patient and there is no objection from parents or relatives.

(5) Medical research involving human subjects shall be conducted only by scientifically qualified persons and under the supervision of a clinically competent medical person.

(6) The right of research subjects to safeguard their integrity must always be respected. Every precaution shall be taken to respect the privacy of the subject, and the confidentiality of the patient's information.

(7) Research results must always preserve patient anonymity unless permission has been given by the patient to use his or her name.

(8) Volunteers and patients may be paid for inconvenience and time spent, but such payment shall not be so large as to be an inducement.

(9) Refusal of a patient to participate in research must not influence the care of a patient in any way.

44. Decisions of national bio-ethic committee and declaration of Helsinki.--The Council endorses the decisions of national bio-ethic committee and declaration of Helsinki resolutions as adopted by the 18th World Medical Assembly and revised by the 48th World Medical Assembly shall be binding on all medical or dental practitioners.

45. Organ Transplantation and Consent--A doctor involved in organ transplantation has duties towards both donors and recipients. Prior to considering transplant from the dead donor, brain death shall be diagnosed, using currently accepted criteria, by at least two independent and appropriately qualified clinicians, who are also independent of the transplant team. If family of the dead donor cannot take care of the funeral of donors body, then the transplant doctor involved in organ transplantation shall take car of transplantation and funeral. Living donors shall be counseled as to the hazards and problems involved in the proposed procedures, preferably by an independent physician. All statutory human organ transplant rules and orders shall apply.

46. Resource Allocation.--All resource allocation decisions must be transparent and defensible. Questions of resource allocation are difficult and can pose practical and ethical dilemmas for clinicians. The unequal allocation of a scarce resource may be justified by morally relevant factors such as need or likelihood of benefit. To what extent the physician's fiduciary duty towards a patient shall supersede the interests of other patients and society as a whole is also a matter of controversy. However, the allocation of resources on the basis of clinically irrelevant factors such as religion or gender is prohibited.

PART IX

MISCELLANEOUS

47. End-of-life care.--(1) End-of-life care requires control of pain and other symptoms, decisions on the use of life-sustaining treatment, and support of dying patients and their families. Futile treatment need neither be offered to patients nor be provided if demanded. A treatment is qualitatively futile if it merely preserves permanent unconsciousness or fails to end total dependence on intensive medical care or when physicians conclude, either through personal experience, experiences shared with colleagues, or consideration of reported empiric date that a medical treatment has been useless.

(2) The physician is not compelled to accede to demands by patients or their families for treatment thought to be inappropriate by health care providers.

48. Genetics in Medicine.--For guidance of medical or dental practitioner or a dentist a research study of various characteristics of genetic information is given at Annexure-V of these regulations.

PART X

PUNISHMENT AND DISCIPLINARY ACTION

49. The following acts of misconduct commission or omission on the part of a Medical or dental practitioner shall constitute professional misconduct rendering him/her liable for disciplinary action, namely:--

(a) if he/she commits any violation of these Regulations;

(b) forgery, theft, fraud, plagiarism indecent behavior or any other offence, liable to be seen as moral turpitude is liable to disciplinary action;

(c) Any form of sexual advance, to a patient or colleague or coworker with whom there exists a professional relationship, is professional misconduct. A registered medical medical or dental practitioner or dentist's professional position must never be used to pursue a relationship of an emotional or sexual nature with a patient, the patient's spouse or a near relative of a patient. Sexual contact or intent there of with patient or patient's spouses, partners, parents, guardians, or other individuals involved in the care of the patient is liable to lead to exclusion from the Register. A registered medical or dental practitioner or dentist will ensure that they do not engage in sexual harassment of any person, including employees, patients, students, research assistants and supervisees. The following constitute harassment that is to say single, multiple or persistent acts of abusive verbal language or gestures, demeaning speech, insult in front of juniors, sexual innuendoes, sexual solicitation, physical advance, throwing objects, and other threatening unacceptable gestures and these shall render a medical or dental practitioner liable for disciplinary action and cancellation of registration. The administration shall also be held responsible for any such untoward event. Physicians shall not use language that will interfere with the work of others;

(d) Abuse of professional knowledge, skills and privileges is unacceptable conduct. Any registered medical or dental medical or dental practitioner found guilty of causing an illegal abortion or prescribing drugs in violation of any law or who becomes addicted to a drug or is convicted of driving under the influence of alcohol or any other drug, is liable to be suspended or have his name removed from the Register;

(e) No medical or dental practitioner shall accept illegal gratification and such acts shall be cognizable;

(f) The following practices are deemed to be unethical conduct namely:--

(i) self advertising by physicians, unless permitted by the laws of the country and the code of ethics of the Pakistan Medical Association; and

(ii) paying or receiving any fee or any other consideration solely to procure the referral of a patient or for prescribing or referring a patient to any source.

(g) Conviction by Court of Law for offences involving moral turpitude / Criminal acts

(h) Any substance abuse or addiction

50. Other misconduct.—(1) It must be clearly understood that the instances of offences and of Professional misconduct which are given above do not constitute and are not intended to constitute a complete list of the infamous acts which calls for disciplinary action, and that by issuing these regulations is the Pakistan Medical and Dental Council is in no way precluded from considering and dealing with any other form of professional misconduct on the part of a medical or dental practitioner. Circumstances may and do arise from time to time in relation to which there may occur questions of professional misconduct which do not come within any of these categories. Every care shall be taken that the code is not violated in letter and spirit. In such instances as in all others, the Council has to consider and decide upon the facts brought before it.

(2) Professional negligence or incompetence shall be judged by the peer group known as the disciplinary committee of the Council.

(3) It is made clear that any complaint with regard to professional misconduct and violation of these regulations can be brought before the Council for disciplinary action. Upon receipt of any complaint of professional misconduct and violation of these rules, in the first instance, the Registrar PM&DC shall call the practitioner over and counsel him/her. Upon non-settlement and failure to comply despite counseling, the Council would hold an enquiry and give opportunity to the registered medical or dental practitioner to be heard in person or by pleader under Council rules. If the medical or dental practitioner is found to be guilty of committing professional misconduct, the Council may award punishment under the rules or as the case may be, including removal altogether or for a specified period, from the Register of the name of the delinquent registered medical or dental practitioner. Removal of name from the Register shall be widely publicized in local press including conveying to different medical associations or societies or bodies internationally or nationally.

PART XI

MATTERS RELATING TO PHARMACEUTICAL INDUSTRY

51. Accepting gifts, inducements or promotional Aids.--(1) Registered medical or dental practitioners shall ensure that they do not compromise their professional autonomy or integrity once any gift, benefit in kind or economic advantage is offered to them as an inducement to prescribe, supply, administer, recommend, buy or sell any drug or medical equipment as the case may be.

(2) Notwithstanding anything to the contrary contained herein, registered medical or dental practitioners may occasionally accept promotional aid items (e.g. stethoscope, BP apparatus, weight machine, tongue depressor, hand wash etc.) from drug manufacturers or distributors as the case may be, provided that these items are primarily for the benefit of patients.

(3) In addition to items listed in sub-regulation (2), registered medical or dental practitioners may accept from drug manufacturers or distributors as the case may be text or reference-books, medical journals. CDs and other educational materials if they are satisfied that these serve a genuine, demonstrable and direct educational function.

(4) Registered medical or dental practitioners may not enter into a written or verbal agreement of any kind, with any manufacturer or distributor of drugs or medical equipment, for personal gain of any kind whatsoever other than employment.

52. Drug Samples.--(1) Registered medical or dental practitioners must appreciate that free drug samples are provided to them for the benefit of patients only and to raise awareness of the drug and that they do not accept such samples as an inducement to prescribing any drugs or as reward for having done so.

(2) Registered medical or dental practitioners should accept free drug samples for patient use only and not for the personal gain or re-sale.

(3) Notwithstanding anything to the contrary contained herein, registered medical or dental practitioners may purchase drugs at a discount directly from the manufacturer provided that this discount is duly passed on to the patients.

53. Meetings, conferences and hospitality.--(1) If registered medical or dental practitioners wish to engage in or undertake any academic pursuits they should make all possible efforts to generate their own funds either through institutions with which they are affiliated or from personal contributions.

(2) Since continuing medical education (CME) or scientific and educational conferences or professional meetings contribute to the improvement of patient care, registered medical or dental practitioners may accept support from manufacturers or distributors of drugs or medical equipment in this regard provided that any financial support provided is strictly through cheque or bank draft deposited in a duly designated account rather than in their personal bank accounts and shall be disclosed to the institution and to the Council on demand.

(3) Registered medical or dental practitioners should also ensure that the primary purpose of any educational meeting is the enhancement of medical knowledge and they should participate in these events with the objective of gaining current, accurate and balanced medical education in an ethical and professional manner.

(4) In organizing an educational meeting, congress or symposium the organizing medical or dental practitioners should ensure that a minimum of eighty percent of the time allocated for such meeting, congress or symposium is spent on core educational activities and only a maximum of twenty percent of the total time is devoted to recreational activities which are in accordance with the dignity of the medical profession.

(5) Registered medical or dental practitioners may accept an invitation and financial support for a domestic or international trip from manufacturers or distributors of drugs or medical equipment subject to the following conditions, namely:--

(a) the trip is primarily for an academic purpose and preferably the selected medical or dental practitioner is presenting a paper in the course of the trip or participating in the proceedings in a similarly meaningful manner;

(b) the trip is to attend an event of international nature featuring Pakistani as well as non-Pakistani participants;

(c) the invitation and financial support is for the registered medical or dental practitioner only and not for his or her spouse or children; and

(d) the medical or dental practitioner shall disclose the purpose and invitation to the institute and to the Council.

54. Endorsement.--(1) No registered medical or dental practitioner below the rank of a professor may endorse any drug or medical equipment publicly or in the print, air or electronic media and shall make all possible efforts to ensure that any study conducted on the efficacy or otherwise of any drug or medical equipment is communicated to the public through appropriate scientific bodies or published in the appropriate scientific literature.

(2) A registered medical or dental practitioner may, however participate in celebrity based disease-awareness programs or customer driven campaigns to create public awareness on matters of general hygiene or measures for disease prevention. A medical or dental practitioner may appear in any media event or program if is so duty bound to do so.

(3) A registered medical or dental practitioner shall not promote a drug or medical equipment or a manufacturer or distributor in the course of scientific presentations in any manner whatsoever, including but not limited to by.--

(a) stating the name of the drug or equipment brand in the slides; or

(b) stating the name or logo of the drug or equipment manufacturer or distributor in the slides; or

(4) Any registered medical or dental practitioner presenting a paper at a conference, seminar or symposium shall issue or announce a disclaimer in respect of any personal financial rewards from interest in or association of any kind with the manufacturer or distributor sponsoring the conference, seminar or symposium.

55. Medical Research.--(1) No registered medical or dental practitioner may accept direct payments from any drug manufacturer or "distributor for conducting research studies of any nature whatsoever and all such research funding should only be received through approved institutions in accordance with the rules and byelaws of such institutions.

(2) Every clinical trial conducted by a registered medical or dental practitioner must meet the current scientific and ethical requirements and the existing legal regulations and must conform to the internationally recognized principles of Good Clinical Practice.

(3) All financial sources of research shall be disclosed to the Council on demand.

(4) Every registered medical or dental practitioner must ensure that the funding party does not influence the research agenda, methodology employed, participant selection, data analysis or publication of findings. All research proposals must be assessed and approved prior to initiation by the ethical review committee (ERC) of the relevant institution.

(5) At the time of publishing any papers or making a presentation which provides the results of any medical research the relevant registered medical or dental practitioners shall make a declaration of any funding provided by manufacturers or distributors of drugs or medical equipment to carry out such research.

(6) Registered medical or dental practitioners may accept an honorarium from their institutions and not directly from any donors providing funding for such research, against the time of their involvement in a clinical trial or research study ensuring complete disclosure and without any conflict of interest, in the following cases, namely:--

(a) Industry initiated trials or studies; and

(b) Investigator or doctor initiated trials or studies.

56. Decisions regarding pharmaceutical industry and its interaction with the medical or dental practitioners and the funding by the pharma-industry, various guidelines and decisions including those for continuous medical education events as developed by the National Bio Ethics Committee shall also apply.

Part-XII

REPEAL

57. Repeal.--The Code of Ethics made by the Council in its 98th meeting at Karachi on 24th and 25th August 2002 and any regulation in these matters made earlier are hereby repealed.

[No. ]

Registrar
Pakistan Medical and Dental Council

Annexure I

At the time of registration, each applicant shall be required to make following declaration agreeing to abide by the same.

DECLARATION

(See Regulation 2)

(a) I solemnly pledge myself to consecrate my life to the service of humanity:

(b) I will give to my teachers the respect and gratitude which is their due;

(d) The health of my patient will be my first consideration;

(e) I will respect the secrets which are confided in me, even after the patient has died;

(f) I will maintain by all the means in my power, the honour and the noble traditions of the medical profession;

(g) My colleagues will be like my sisters and brothers and I will pay due respect and honour to them.

(h) I will not permit considerations of age, disease or disability, creed, ethic origin, gender, nationality, political affiliation, race, sexual orientation, or social standing to intervene between my duty and my patient;

(i) I will protect human life in all stages and under all circumstances, doing my utmost to rescue it from death, malady, pain and anxiety. To be, all the way, an instrument of Allah's mercy, extending medical care to near and far, virtuous and sinner and friend and enemy;

(j) I shall abide by the medical or dental practitioners of medicine and dentistry (code of ethics) Regulation, 2011 of the Council and understand that I shall be punished upon its violation by me;

(k) I make these promises solemnly, freely and upon my honour.

Signature………………………..date…………………………..

Name……………………………………………………………

Council's Registration number …………………………………

e-mail …………………………………………………………...

Address Current ...………………………………………………

Permanent: ……………………………………………………...

Contact number Mobile …………… land line …………………

Annexure II

A conflict of interest

(See Regulation 28)

A conflict of interest "is a set of conditions in which professional judgment concerning a primary interest tends to be unduly influenced by a secondary interest." In the clinical context the primary obligation of physicians shall be to their patients, whereas in the research context scientific knowledge may be the primary interest. A secondary interest may be of a financial nature, but it may also consist of personal prestige or academic recognition and promotion. In research involving patients, the research interests, although often in concordance with it and is above mentioned definition the reference to "a set of conditions" is important - having a conflict of interest is an objective situation and does not depend on underlying motives. Stating that someone has a conflict of interest does not imply a moral condemnation per se. It is the person's action in the context of a particular situation or a lack of transparency that may be a cause for concern.

Annexure III
Informed Consent

(See Regulation 34)

(1) Consent is the "autonomous authorization of a medical intervention by individual patients." Patients are entitled to make decisions about their medical care and have the right to be given all available information relevant to such decisions. Patients have the right to refuse treatment and to be given all available information relevant to the refusal. Consent may be explicit or implied. Explicit consent can be given orally or in writing. Consent is implied when the patient indicates a willingness to undergo a certain procedure or treatment on him or his behaviour. For example, consent for venipuncture is implied by the action of rolling up ones sleeve and presenting one's arm. For treatments that entail risk or involve more than mild discomfort, it is expected that the physician will obtain explicit rather than implied consent. Signed consent forms document but cannot replace the consent process. There are no fixed rules as to when a signed consent form is required. Some hospitals require that a consent form be signed by the patient for surgical procedures but not for certain equally risky interventions. If a signed consent form is not required, and the treatment carries risk, clinicians shall seriously consider writing a note in the patient's chart to document that the consent process has occurred. When taking consent the physician shall consider issues of adequate disclosure, the patients capacity, and the degree of voluntariness. In the context of patient consent, "disclosure" refers to the provision of relevant information by the clinician and its comprehension by the patient. Disclosure shall inform the patient adequately about the treatment and its expected effects, relevant alternative options and their benefits and risks, and the consequences of declining or delaying treatment and how the proposed treatment (and other options) might affect the patient's employment, finances, family life and other personal concerns. "Waiver" refers to a patient's voluntary request to forego one or more elements of disclosure. For example, a patient may not wish to know about a serious prognosis (e.g., cancer) or about the risk of treatment.

(2) "Capacity" refers to the patient's ability to understand information relevant to a treatment decision and consequences of a complying or not complying with a treatment decision. A person may be "capable" (have adequate capacity) with respect to one decision but not with respect to another. When any doubt exists, a clinical capacity assessment by a third party may be required. In addition to assessing general cognitive ability, specific capacity assessment, determines the patient's ability to appreciate information and implications of action. "Voluntariness" refers to a patient's right to make health care choices free of any undue influence. However, a patient's freedom to make choices can be compromised by internal factors such as pain and by external factors such as force, coercion and manipulation. In exceptional circumstances -- for example, involuntary admission to hospital -- patients may be denied their freedom of choice; in such circumstances the least restrictive means possible of managing the patient shall always be preferred. Clinicians can minimize the impact of controlling factors on patients' decisions by promoting awareness of available choices, inviting questions and ensuring that decisions are based on an adequate, unbiased disclosure of the relevant information.

(3) An informed consent can be said to have been given based upon a clear appreciation and understanding of the facts, implications, and future consequences of an action. In order to give informed consent, fulfill the legal standard of informed consent with a completed, dated and signed consent form. True informed consent requires a number of elements:

(a) that the patient is competent;

(b) that appropriate information is presented to the patient by the medical and dental practitioner; and

(d) that the patient acts voluntarily (without coercion or under duress) and that the patient agree to the plan presented.

(4) Special circumstances affecting the consent process are listed below:--

(a) The unconscious patient's,- consent may be implied or assumed on the grounds that if the patient were conscious they would consent to their life being saved.

(b) A doctor asked to examine a violent patient is under no obligation to put him in danger but shall attempt to persuade the person concerned to permit an assessment as to whether any therapy is required.

(c) The mentally ill of the doctor is in any doubt as to the patient's capacity to consent it is advisable to seek specialist opinion as well as discussing the matter with parents, guardians or relatives.

(d) For Mentally Handicapped patients the doctor shall attempt to obtain consent but, depending on the degree of handicap, may have to consult with the patient's parents or guardians, and, in particularly difficult cases to obtain a second opinion.

(e) Children are entitled to considerate and careful medical care as are adults. If the doctor feels that a child will understand a proposed medical procedure, information or advice, this shall be explained fully to the child. Where the consent of parents or guardians is normally required in respect of a child for whom they are responsible, due regard must be given to the wishes of the child. Also, the doctor must never assume that it is safe to ignore the parental or guardian interest.

Annexure V

Genetics in medicines

(See Regulation 48)

Molecular genetics is concerned with the process by which the coding sequences of DNA are transcribed into proteins that control cell reproduction, specialization, maintenance and responses. Inherited or acquired biologic factors that result in an error in this molecular information processing can contribute to the development of a disease. Medical genetics involves the application of genetic knowledge and technology to specific clinical and epidemiologic concerns. Although many common diseases are suspected of having a genetic component, few are purely genetic in the sense that the genetic anomaly is adequate to give rise to the disease. In most cases, genetic risk factors must be augmented by other genetic or environmental factors for the disease to be expressed. Moreover, the detection of a genetic anomaly not help us to predict the severity with which the syndrome will be expressed. Certain ethical and legal responsibilities accompany the flood of genetic knowledge into the current practice of medicine. This is because of three general characteristics of genetic information, that is to say the implications of genetic information are simultaneously individual and familial genetic information is often relevant to future disease; and genetic testing often identifies disorders for which there are not effective treatments or preventive measures.

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REGULATION, 2011

WANA CADET COLLEGE REGULATION, 2011

A Regulation to establish a cadet college at Wana in South Waziristan Agency

[Gazette of Pakistan, Extraordinary, Part-I, 26^th August, 2011]

WHEREAS it is expedient to establish a cadet college at Wana in South Waziristan Agency which can lead to promotion of quality education in Federally Administered Tribal Areas and providing opportunities for the youth of FATA;

Now, THEREFORE, in exercise of the powers conferred by clause (5) of Article 247 of the Constitution of the Islamic Republic of Pakistan, the President is pleased to make the following Regulation, namely:—

1. Short title and commencement.—(1) This Regulation may be called the Wana Cadet College Regulation, 2011.

(2) It shall come into force at once.

2. Definitions.—In this Regulation, unless there is anything repugnant in the subject or context,—

(a) "Board" means the Wana Cadet College Board of Governors, established under this Regulation;

(b) "Chairman" means the Chairman of the Board;

(d) "College" means the Wana Cadet College established under this Regulation in South Waziristan Agency;

(e) "Government" means the Federal Government;

(f) "FATA" means Federally Administered Tribal Areas;

(g) "Principal" means the head of the College; and

(h) "prescribed" means prescribed by rules made under this Regulation.

3. Establishment of the College and Board.—(1) There shall be established a college at Wana in South Waziristan Agency, to be called Wana Cadet College, with its Board of Governors to be established by the Federal Government and called Wana Cadet College Board comprising of the following, namely.—

(a) Governor Khyber Pakhtunkhwa. Chairman

(b) General Officer Commanding (GOC)
9 Division. Vice-Chairman

(d) Secretary, States and Frontier Regions
Division, Government of Pakistan. Member

(e) Secretary, Finance Division,
Government of Pakistan. Member

(f) Additional Chief Secretary, FATA. Member

(g) Secretary, Finance, FATA. Member

(h) Secretary, Administration and
co-ordination, FATA. Member

(i) Secretary, Law and Order, FATA. Member

(j) Commissioner, Dera Ismail Khan. Member

(k) Principal, Wana Cadet College. Member

(l) two reputed academicians to be
nominated by the Board for a period
of two years. Members

(m) two reputed philanthropists to be
nominated by the Board for a period
of two years. Members

(2) The Principal of the College shall also act as Secretary of the Board.

(3) The Board shall be a body corporate having perpetual succession and a common seal with powers to acquire, hold and dispose of property, both movable and immovable, and shall by the said name sue and be sued:

Provided that the Board shall not be competent to acquire or dispose of any immovable property without previous approval of the Federal Government in writing.

4. Meetings of the Board.—(1) The meetings of the Board shall be held in such manner and at such time as may be prescribed:

Provided that such meetings shall be called by the Chairman at least once in every year.

(2) The Secretary shall be responsible for convening meeting of the Board, as and when necessary and approved by the Chairman. He shall also be responsible for recording and maintaining the minutes of the meeting and providing secretarial support to the Board.

5. Powers of the Federal Government.—(1) The Federal Government shall have powers to cause an inspection, to be made by such person or persons as it may direct, of the offices, activities and funds of the College and all its examinations conducted by the Board and to cause an enquiry to be made in like manner in respect of any matter relating to the College.

(2) The Federal Government shall communicate to the Board the findings of the inspection or enquiry and may advise the Board to take such action within such period as may be specified.

(3) The Board shall report to the Federal Government the action it proposes to take on such communication.

(4) Where the Board does not, within the specified time, submit its report as required under sub-section (3) or the Federal Government is not satisfied with the action taken or proposed to be taken, the Federal Government may, after considering any explanation given by the Board, issue such directions as it thinks fit and the Board shall comply with such directions.

(5) The Federal Government may, from time to time, direct the Board to conduct its affairs and perform its functions in such manner as it may specify.

(6) The Federal Government may require the Board to furnish it with—

(a) any return, statement, estimate, statistics, report or other information regarding any matter relating to, or under the control of, the Board; or

(b) a copy of any document in the charge of the Board and the Chairman shall comply with every such requisition.

(7) If the Board fails or neglects to comply with the directives or orders given to it under sub-section (5) or if, in the opinion of the Federal Government, the Board persistently makes default in the performance of its functions under this Regulation, the Federal Government may supersede the Board and appoint the Chairman in the place of such Board until a new Board is established in accordance with the provisions of this Regulation and no such supersession or appointment shall be questioned in any Court.

6. Powers and functions of the Board.—(1) Subject to other provisions of this Regulation, the Board shall have powers to manage and control affairs of the College, in particular and without prejudice to the generality of the foregoing power, including, but not limited, to—

(a) administer and manage the property in use of the College and the Board;

(b) acquire and dispose of property;

(c) enter into contracts in respect of the College, provided that the amount involved in a single transaction does not exceed such limit as the Federal Government may, from time to time, determine;

(d) appoint the Principal or members of the staff and other officers and servants of the College and the Board on such terms and conditions as may be prescribed;

(e) formulate the budget for the approval of the Federal Government; approve the number of seats to be reserved in the College for various Provinces and Tribal Areas;

(g) determine the time as to when the classes are to be started and the number of students to be admitted in each class annually;

(h) lay down procedure for admission to, promotion and removal of students from, the College;

(i) institute scholarships and stipends with the approval of the Federal Government; and

(j) set up an executive committee, finance committee, selection committee, promotion committee, discipline committee and such other standing committees as may be necessary.

(2) The Board may, by a general or special order in writing, direct that such of its powers or functions under this Regulation shall, in such circumstances and subject to such conditions, if any, as may be specified in the order, be exercisable also by the Chairman or by the Vice-Chairman of the Board, as the case may be.

7. Funds.—(1) The funds of the Board shall be derived from the following, namely:—

(a) grants made by the Federal Government;

(b) loans received from the Federal Government;

(d) such foreign aid and loans as may be received by the Board and on such terms and conditions as may be approved by the Federal Government; and

(e) fees and other moneys received.

(2) All moneys in the fund shall be kept in such custody as may be prescribed.

(3) The funds shall be utilized for meeting expenditure connected with the functions of the Board, including the payment of salaries and other remunerations of the members, the Principal and the members of the staff of the College and officers and servants of the Board.

8. Annual audit and accounts.—(1) The accounts of the Board shall be maintained in such form and in such manner as may be prescribed.

(2) The accounts of the Board shall be audited every year by the Auditor-General of Pakistan, hereinafter referred to as the auditor.

(3) The Board shall, at the time of audit, produce all accounts, registers, documents and other papers which may be required by the auditor to assist him in his investigation.

(4) The Board shall, as soon as possible after the end of each financial year, submit to the Federal Government the annual statement of the accounts of the Board, duly audited, together with the report of the auditor and its comments on the report.

9. Annual financial statement.—(1) The Board shall submit to the Federal Government for approval a statement of estimated receipts and expenditure in respect of the next financial year at such time and in such manner as may be prescribed and shall give effect to any modification made therein by the Federal Government.

(2) As soon as may be, after the close of every financial year, but not later than the last day of September next following, the Board shall submit to the Federal Government for approval a report on the conduct of the affairs of the Board for that year.

10. Members, etc., to be public servants.—The members of the Board and the Principal and the members of the staff of the College and officers and servants of the Board shall be deemed to be public servants within the meaning of Section 21 of the Pakistan Penal Code, 1860 (Act XLV of 1860).

11. Power to make rules.—(1) The Board may, with prior approval of the Federal Government and by notification in the official Gazette, make rules for carrying out the purposes of this Regulation.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for—

(a) time and place of the meetings of the Board and the procedure to be followed for such meetings;

(b) forms and registers for keeping the accounts;

(c) the manner in which and the time at which the annual financial statement shall be submitted to the Federal Government for approval;

(d) the custody in which the funds of the Board shall be kept;

(e) the manner in which the minutes of the meetings of the Board shall be kept, circulated and confirmed;

(f) the manner in which the executive committee and standing committees shall be constituted and the allocation of functions to them;

(g) the procedure for recruitment of the Principal, members of the staff of the College and officers and servants of the College and the Board;

(h) the delegation of administrative and financial powers to the executive committee, standing committees or the officers and servants of the Board;

(i) the manner in which the funds shall he disbursed; and

(j) such other matters as may be necessary for giving effect to the provisions of this Regulation.

-----------------------

REGULATION, 2011

NUMBER ALLOCATION & ADMINISTRATION REGULATIONS, 2011

[Gazette of Pakistan, Extraordinary, Part-II, 20^th July, 2011]

S.R.O. 718 (I)/2011, dated 9.5.2011.—In exercise of the powers conferred under clause (o) of sub-section (2) of Section 5 of the Pakistan Telecommunication (Re-organization) Act, 1996 (Act XVII of 1996) the Pakistan Telecommunication Authority is pleased to make the following Regulations:

PART-I

PRELIMINARY

1. Short Title and Commencement.—(1) These Regulations shall be called as "Number Allocation & Administration Regulations, 2011".

(2) They shall come into force from the date of gazette notification of these regulations.

2. Definitions.—(1) In these regulations, unless there is anything repugnant in the subject or context:—

(i) "Applicant" means a licensee of PTA or any other person(s) requiring allocations of numbering capacity and considered by the Authority as eligible for allocation of a number resource;

(ii) "Area code" means a set of 2, 3 or 4 digits, beginning with '0', at the start of a geographic number, indicating the part of Pakistan where:--

(a) a customer, to whom the geographic number is issued, is located; or

(b) a service, content service, or a service associated with a service or content service, is supplied or operated.

(iii) "Authority" means the Pakistan Telecommunication Authority established under the Pakistan Telecommunication (Re-organization) Act, 1996;

(iv) "Call-by-call carrier selection" means that the end-user, in connection with each individual call, may choose another provider by using a short code or an ordinary subscriber number;

(v) "Carrier pre-selection" means a permanent agreement to the effect that the end-user generally wants to use a specific provider other than the provider with whom the end-user otherwise has a customer relationship, for transport of all or parts of the end-user's outgoing calls;

(vi) "Carrier selection" means a mechanism that permits customers, while subscribing to a specific local access network operator, to choose between telecommunications carriers for carrying part of their calls;

(vii) "Country code" means a set of digits allocated by the ITU that indicates the country to which an international call is made;

(viii) "Customer Number" means the Number (or Numbers) which any telecommunication operator's system recognizes as relating to a particular customer of that operator;

(ix) "Emergency number" means a number which, in an emergency or disaster situation, makes the public able to call the public emergency service;

(x) "End users" means the final customers of service providers including closed user groups and those providing services only to organizations under substantively the same ownership; which also mean users of telecommunications networks or telecommunications services who do not make such telecommunications networks or telecommunications services available to others on a commercial basis;

(xi) "Exchange service area” means an area:--

(a) surrounding an exchange to which blocks of numbers are assigned; and

(b) defined by the service provider to which the numbers are allocated as the area in which the numbers will be made available for issue.

(xii) "Free phone service" means a service in which:--

(a) a customer issued with a number is charged for calls to the number for the service; and

(b) the call charge for calls made to the number for the service from a standard telephone service (other than a public mobile telecommunications service) is zero.

(xiii) "Geographic number" means a number from the national numbering plan where part of its digit structure contains geographic significance used for routing calls to the physical location of the network termination point of the subscriber to whom the number has been assigned;

(xiv) “indirect access" means a situation where a customer contracts to buy a telecommunication service from an operator to which the customer is not directly connected and where the second operator pays the first operator for the use of that connection;

(xv) "Local number" means subscriber number and includes a set of digits that is a component of a geographic number and that, when dialed, gives the caller access to:-

(a) a customer at a place that has the same area code as the caller; or

(b) a service, content service, or a service associated with a service or content service, supplied or operated at a place that has the same area code as the caller.

(xvi) "National rate" means the rate for calls within the national call area, the area being defined by the telecommunications operator serving the customer;

(xvii) "Network operators" means the operator of a telecommunication network, usually, but not always, with a Public Telecommunications Operator license, which provides, amongst other things, network services;

(xviii) "Number series" means a block of numbers from the national numbering plan for telephony, ISDN and mobile communications that has the same initial digits;

(xix) "Number Translation" means a facility whereby calls made to special numbers such as free phone, part paid, premium rate, national rate and personal numbers are directed to their real numbers following translation of the special number concerned;

(xx) "Operator" means any person authorized to provide telecommunication services not being prohibited from receiving any financial benefit from such provision, and obliged, by virtue of provisions in the license authorizing provision of such services, to adopt a Numbering Plan for such Numbers as may have been allocated by the Authority to that person in accordance with the Numbering Regulations;

(xxi) "Over-ride" means the ability of the CPS customer to choose alternative operators to their pre-selected operator(s) on a call-by-call basis;

(xxii) "Parties" means and includes licensees or such other allottees authorized to use the number resource under these regulations;

(xxiii) "Person" means and includes an individual, partnership, association, company, joint ventures, trust or corporation etc.

(xxiv) "Premium Rate Service" means a service provided by telephone, charged at a higher rate than a normal call because the price includes both the cost of conveying the call and a charge levied by the provider of the service accessed, and a service for which the call charge for calls made by a standard telephone service is at a premium rate, independent of content or delivery technology;

(xxv) "Primary Assignment" Assignment of numbering resources by the Authority to public telecommunications network operators and public-use telecommunications services providers, henceforth known as operators and providers;

(xxvi) "Providers of telecommunications networks or telecommunications services" means parties who, on a commercial basis, provide networks or services that are made available to a number of end-users or providers of telecommunications networks or telecommunications services who have not been specified in advance;

(xxvii) "Providers of telecommunications networks or telecommunications services to end-users" means parties who make networks or services available to several end-users on a commercial basis;

(xxviii) "Public Switched Telephone Network (PSTN)" means the telecommunications networks of the major operators, on which calls can be made to all customers of the PSTN;

(xxix) "Recipient" means the receiver of a numbering resource assignment;

(xxx) "Secondary Assignment" means assignment subsequent to primary assignment carried out by operators or providers to their customers during normal usage of the resources assigned by the Authority;

(xxxi) "Selection" means the opportunity by the user to select the required access, transport or service providers of his choice. In some cases no selection but only identification is possible;

(xxxii) "Service Provider" means a person whose business comprises the provision, for reward to the public, of any service delivered entirely by means of a telecommunication system it includes those (whether network operators or not) providing services over telecommunication networks to the public, where such activity comprises substantially all of their business, which also includes service providers means those who provide services over telecommunication networks to the public-at-large; they may install their own networks (i.e. they may also be network operators), or, in the case of independent service providers, use the networks of others;

(xxxiii) "Short code" means a 3-digit or 4-digit number giving access to various services;

(xxxiv) "Subscriber" means any natural or legal person who is party to a contract with the provider of publically available telecommunications services for the supply of such services;

(xxxv) "Universal service" means a provision in the licenses requiring the licensee to provide certain services to all specified persons; and

(xxxvi) "Universal Access Number (UAN)" means a service that allows a subscriber with several terminating lines in any number of locations or zones to be reached with a unique directory number from the categories determined by the Authority under these regulations;

(2) Words and expressions used but not defined herein shall bear the meanings given thereto in the Act and the Rules.

PART-II

NUMBER ALLOCATIONS

3. Criteria for the Eligibility of Applicants for Number Allocations.—(1) All the organizations possessing a valid license issued by the Authority to establish, maintain & operate telecommunication system and provide services are eligible to apply for allocations of numbering capacity.

(2) Organizations other than Authority licensees are also eligible for allocation of Short Codes as well as Universal Access Number (UAN) and Toll free numbers.

(3) Organizations requiring allocations of numbering capacity not covered by the sub-regulation (1) and (2) may seek a sub-allocation from those eligible to apply:

Provided the sub-allocations shall be fairly and reasonably available from those with rights to allocations of numbers from the Authority.

Provided further that all applications from foreign missions shall be forwarded through the Ministry of Foreign Affairs and for all Government Organizations shall be forwarded through the controlling ministry.

4. Timing of Applications.—Applications for numbering allocations shall not be made more than six months prior to the planned in-service date.

5. Application Procedure.—(1) The following information shall be supplied in all applications on a prescribed application form available at www.pta.gov.pk for the allocation of numbers:--

(a) the applicant's name, Company’s Registration Number (if applicable), postal address and the name, telephone number, facsimile number and e-mail address of a contact person;

(b) the name and signature of the person authorized by the applicant to request allocation of numbers;

(d) the date when the service for which the numbers are requested shall stop operating, or date by which the numbers shall be vacated (if applicable);

(e) details of the license under which it operates;

(f) National Tax Number Certificate of the applicant;

(g) Copy of Computerized National Identity Card of the authorized representative of the applicant;

(h) Backend numbers of each intended terminating location. If Primary Rate Interface is to be used as a back-end number, split Primary Rate Interface numbers may be allowed against different UAN(s) as long as different UAN(s) terminate at a different handling (operator) stations;"

(i) Detail of services for which the allocation in required;

(j) statement that the numbers shall be used in accordance with the Rules and these Regulations; and

(k) any other information that the applicant considers necessary or appropriate to justify the application.

(2) The Authority will assign resources after the applicant has fulfilled all the requirements within a reasonable time period but not beyond thirty (30) days.

(3) Ineffective and inefficient use of previous assignments to the same applicant, if any, shall lead to a rejection of the application.

6. Additional Information from Applicants.—(1) In addition to the information required under Regulation 5 the following information shall be included in an application for the allocation of:--

(2) Geographic Numbers,—

(a) the reasons for applying for the allocation of numbers of geographic significance;

(b) the exchange service area for which the numbers are requested;

(d) the detail of requested numbers for use in the service area;

(e) the detail of other numbers allocated to the applicant for use in that exchange service area;

(f) the data as per the "Utilization Performa", where applicable at the time of number allocation request to the Authority; and

(g) the "VLR Data" by cellular mobile licensees as and when required by the Authority.

(3) Special Services Numbers,—

(a) an assessment of the impact on end-users including the structure of call charging;

(b) the level of awareness of end-users about the numbers and the services that is to be supplied using the numbers:

Provided that this information is only required for a requested number, if no other special services number, as the requested number, has previously been used.

(d) whether or not the number is for use only in connection with the supply of services for which the call charge for calls to the number, made using a standard telephone service other than a public mobile telecommunications service.

(4) Emergency and Helpline Numbers,—

(a) How people/household will convey first hand emergency information to the said service?

(b) What equipment would be used to originate and terminate the calls?

(d) What all communication facilities are available at the premises?

(e) Preferably the requirement may be supported with diagrammatic layout of communication facilities available or planned to be made available in the near future.

7. Consideration of Applications.—While making number allocations, the Authority shall consider the following--

(a) the provisions of the relevant license conditions;

(b) the views of the applicant and other interested parties;

(d) the proof of payment of application fee and any other fee; and

(e) any other matter that may be considered fit by the Authority.

8. Consultation on Applications.—(1) Additionally and in the exceptional circumstances described below, the Authority may choose to consult on the relevant details of an application for numbering capacity or an application either for expansion of an existing allocation or for a change of use of an existing allocation.

(2) Such consultation shall normally take place where, in the Authority's judgment, the allocation of numbering capacity while consistent with the structure of the Plan and with these Regulations would be unusual or might set a precedent in such a way that the views of interested parties shall be sought.

(3) Such consultation shall normally commence within 30 days of receipt of the application.

(4) Where the Authority determines that consultation on any or all of the details of an application shall compromise national security it may consult on only those details which do not compromise the same.

(5) Where such a consultation has commenced, any comments on the application shall be sent to the Authority within 30 days or any other period notified at the time of consultation by the Authority:

Provided that the Authority shall consider the responses and advise the applicant and respondents of its decision within a maximum period of 30 days from the end of the consultation period.

9. Timescale for Handling Applications for Numbering Capacity.—(1) The Authority shall use all reasonable endeavors to make an allocation in accordance with these Regulations in response to applications for numbering capacity within a maximum period of 30 days after the complete information required by the Authority has been provided,--

(2) The following may be the exceptions to the period mentioned in sub-regulation (1):

(a) where additional information is required from the applicant;

(b) where a period of consultation is required, to be initiated by the Authority;

(d) where the use of the numbers is dependent upon receipt by the applicant of a license under the Act; or

(e) where the Authority judges that an alternative period of time is justified.

(3) Where the Authority judges that an exception to the normal period is required, then it shall inform the applicant in writing of the reasons for the exception and of the revised period:

Provided that this period shall generally not exceed 90 days from receipt of the application containing all the information required.

(4) Where the number resource has been cancelled/withdrawn from a user, it is to be held for "Sterilization" and the maximum Quarantine period will be 90 days and further allocations will only be made after expiry of the said Quarantine period:

Provided that the quarantine period of thirty (30) days shall be applicable in the case of UAN(s).

10. Refusal of Applications for Numbering Capacity.—(1) The Authority may refuse an application for an allocation of numbering capacity, or may not grant the application in full, or may attach specific conditions to the allocation which are consistent with these Regulations related to the use and management of the numbering capacity allocated, having taken into account the criteria for eligibility.

(2) When the Authority refuses an application for numbering capacity, or does not grant the application in full, or attaches specific conditions to the allocation then the Authority may inform the applicant, in writing, of the reasons.

(3) The Authority may, following consultation with the applicant, make an alternative allocation that has the potential to satisfy the applicant's requirements without conflicting with the criteria which caused the application to be refused.

(4) Where the Authority refuses an application for numbering capacity, or does not grant the application in full, or attaches specific conditions to the allocation (on allocation or subsequently), the applicant may write to the Authority within 30 days disputing the reasons given by the Authority for its decision or giving further information for consideration regarding the application:

Provided that the Authority shall consider the request and respond to the applicant within 30 days.

11. Resource Administration.—In order to have a transparent and non-discriminatory allocation of the scarce numbering resource in the competitive environment, the following criteria shall be taken into account:--

(a) the Authority shall be responsible for the administration of primary assignments, in accordance with criteria of equity and transparency;

(b) secondary assignments shall be the responsibility of the operators/service providers under the supervision of the Authority;

(i) the primary assignment is not utilized within a period of one year;

(ii) the primary assignment shall stand surrendered to the Authority upon discontinuation of O&M contract between the parties for re-allocation to meet the demands by other operators.

(d) numbering resources shall be assigned in proportion to the needs of the applicant and in a transparent and timely fashion; and

(e) the assignment of toll free numbering resources shall be on chronological order basis and subject to approval of the Authority.

12. Numbering Resource Allocation and Utilization Procedure.—(1) The following criteria shall be used for allocation of Carrier Selection Code, Carrier Access Codes, Common Short Codes, Intelligent Network (IN) Platform Service Code, Mobile Network Code (MNC), Network Destination Code (DNC) and Premium Rate Service Numbers and Universal Access Numbers.

(2) General.—

(a) All applicants shall submit candidatures for the allocation of code on the prescribed application form available at www.pta.gov.pk;

(b) the process for allocation of number resource for provision of telecommunication service or as otherwise specified by the Authority, shall be open and transparent;

(c) the number allocation shall be made in chronological order on first come first served basis from the available resources by the Authority. However, the Authority may consider the request of the applicant for allocation of specific resource number(s) and the decision of the Authority shall be final:

Provided that in case of more than one request for same code the Authority’s decision will be final and binding.

(d) the short codes shall contain four digits, or as determined by the Authority from time to time, from the available numbering resource.

(3) Emergency Service Codes.—

(a) emergency codes shall only be allocated to those organizations working under the umbrella of Government of Pakistan or such organizations providing philanthropic and humanitarian services throughout the country, provincial level or in telecom regions;

(b) emergency services shall be extended by all telecom operators to the subscribers/ consumers without payment of any charges purely on humanitarian grounds from their respective telecom networks:

Explanation: Emergency services means and includes Police Emergency, Fire Brigade, Ambulance Services or other as specify/declared by the Authority as Emergency Service from time to time.

(4) Obligatory Helpline Service Codes.—

(a) The criteria for allocation of Obligatory Helpline Service Codes shall be the same as specified for Emergency Helpline Service in sub-regulation (3) above:

Provided that the Obligatory Helpline Services shall be provided on normal tariff to be charged from the consumers.

(5) Common Short Codes.—

(a) The common short code shall be allocated to licensees. Licensee shall make Service Level Agreement (SLA) with their respective Access Service Providers and provide the copy of SLA alongwith the application for allocation of common short code.

(6) Carrier Selection Codes (CS).—

The Carrier Selection Codes shall be allocated to LDI licensees only.

(7) Signaling Point Codes (SPC).—

(a) The Signaling Point Code shall be allocated to all licensed operators for telecommunication system as per the ITU-T recommendations;

(b) The SPC should be efficiently utilized and managed;

(d) The SPC shall stand withdrawn if not utilized within a period of one year from the date of allocation.

(8) International Signaling Point Codes (ISPC).—

(a) The International Signaling Point Code shall be allocated to LDI licensees as per ITU-T recommendations. ISPC should be efficiently utilized and managed and only one single ISPC will be allocated to a signaling point;

(b) ISPC resources to be allocated with fairness and equity;

(d) The ISPC shall stand withdrawn if not utilized within a period of one year from the date of allocation.

(9) Issuer Identifier Number (UN).—

Issuer Identifier Number shall be issued to recognized operating agencies which are authorized by Authority to issue SIM Cards within Pakistan as per ITU-T recommendations.

(10) Mobile Country Code & Mobile Network Code (MCC & MNC).--

Mobile Country Code and Mobile Network Code shall be allocated to Cellular Mobile Network Operators as well as WLL operators as authorized under their license.

(11) System Identification Codes (SID).—

(a) System Identification Code (SID) shall be allocated to WLL operators and CDMA cellular Mobile operators as authorized under their license. This would allow to uniquely identify each area as well as each operator with its own SID for both MSC identification and accounting; and.

(b) The licensee shall follow the standard operating procedures for utilization of SID issued by the Authority from time to time.

(12) Premium Rate Numbers.—

Premium Rate Numbers shall be allocated to Class Voice Licensees.

(13) Toll Free Numbers —

(a) Any pcrson(s) can make a request for toll free number(s);

(b) Toll Free Numbers shall be allocated on first come first basis to all persons; and

(14) Universal Access Numbers.—

(a) Any person can apply for allocation of UAN(s);

(b) UAN (s) shall be allocated on first come first serve basis in accordance with the terms and conditions as determined the Authority from time to time;

(c) The UAN shall be allocated on non-ownership basis for a period of five years on such charges as specified in sub-regulation (3) of Regulation 19 of these regulations;

(d) The UAN will be allocated from the available resource of numbers after the applicant has fulfilled all the requirements;

(e) The applicant will abide by UAN Allocation guidelines issued by the Authority from time to time; and

(f) Upon expiry of the period of five years of an allocation, the UAN holder shall pay all charges as applicable and prescribed in sub-regulation (3) of Regulation 19 of these regulations.

13. Terms and conditions for usage of primary assignments.—(1) The number resource allocated by the Authority to the applicants shall be used effectively and efficiently.

(2) The number resource allocated shall be activated within twelve months counting from the date of their allocation, after which the Authority shall require a justification.

(3) Number resource holders shall provide the following information to the Authority;

(a) date of deactivation of the number resource allocated to them; and

(b) any other substantial alteration in the allocated number resource.

(4) The recipient of a primary assignment shall not transfer or sell their allocated number resource, except in exceptional circumstances and with prior written permission of the Authority.

(5) All cellular mobile licensees shall only sell STM(s) in the specific geographical areas for which the number series is allocated.

14. Conditions for use of Numbering Capacity.—(1) The following general conditions relating to the use and management of numbering capacity shall apply to all allocations made by the Authority:-

(a) the numbers allocated shall be in service within a period of one year from the date of allocation by the Authority after which the Authority shall require a justification;

(b) the allocation shall be used for the specified purpose in the manner as approved by the Authority;

(i) the holder of the allocation shall maintain a record of the percentage of numbers in use and reserved;

(ii) the holder of the allocation shall maintain a record of numbers that have been transferred, at the end users' request, to another operator; and

(iii) the allocation must be used in accordance with any specific conditions made by the Authority including any classification by type or tariff.

(d) at the time of allocating numbering capacity or at any time thereafter, the Authority may, at its discretion, apply a number of specific conditions of use to that allocation where the Authority considers that it is in the general interest to impose such conditions.

(2) Resource users shall provide the Authority with information about:--

(a) the date on which the resources allocated to them are being deactivated; and

(b) any other substantial alteration that occurs in relation to the use being made of the assigned resources.

(3) The recipient of a primary assignment shall not transfer or sell their assigned resources, except in exceptional circumstances and with prior authorization of the Authority.

(4) The holder of UAN shall be not allowed to assign, lease or transfer the UAN allocation to any person except with the prior written approval of the Authority.

(5) The licensee shall not translate, alter or delete the telephone number or other identification associated with its subscribers.

(6) The licensee shall not translate, alter or delete the signaling or other data associated with all calls routed through its network.

(7) Each party shall program the number series in their switches in accordance with number series allocated by the Authority and National Numbering Plan issued by the Authority and shall comply with the numbering provisions.

(8) The parties shall ensure that sufficient and correct numbering information is sent from one network to the other for correct delivery of domestic and international calls.

(9) The parties shall convey to each other telephone numbers in the national and international formats as contained in National Numbering Plan issued by the Authority.

(10) The Parties shall adopt and comply with the numbering system and number format as specified in Authority's National Numbering Plan and framework and guidelines on the usage, allocation and assignment of numbers.

15. Conditions for the use of UAN Numbers.—(1) In case the backend numbers are terminated on one or more PRI(s) then separate number ranges shall be allocated by the service provider such that the number ranges shall not be less than in multiple of 10 (DSOs).

(2) No overlapping of backend numbers is allowed on more than one UAN or any other category of numbers.

(3) Two or more UAN(s) cannot share the same master number.

(4) The caller may have to dial an access code depending on inter connection arrangements between the originating and terminating networks.

(5) Alternate routing arrangements can be made by the Access Provider to terminate the call at prescribed flat rates as approved by the Authority from time to time.

16. Number Portability.—(1) The local loop licensee shall not be required to make available number portability to its customers or other operators unless the Authority so requires.

(2) The Cellular Mobile Telecommunication Licensee shall be required to make available number portability to its customers as per policy issued by the Federal Government on the subject.

17. Rights of the Licensee.—(1) The licensee has the right to request geographic and non-geographic numbers as well as short codes in accordance with the national numbering plan developed by the Authority for use in the provision of the licensed service.

(2) The licensee shall allocate individual numbers to customers from the blocks allocated to it by the Authority and shall maintain suitable record of its utilization of numbering capacity subject to the following:--

(a) the block of numbers and short codes allocated to the licensee and individual numbers allocated by the licensee to its customers are national resource; and

(b) allocation of number does not confer ownership of the number by the operator.

(3) An allocation establishes an ongoing right of use which can be withdrawn or changed on a three months notice to the either side.

PART-III

CHARGES

18. Application Processing Fee.—(1) The applicant shall submit the application form alongwith application processing fee amounting to Rs. 1000 (Rupees one thousand) or any other amount as determined by the Authority from time to time. The application processing fee shall be paid through Pay Order or Bank Draft drawn in favour of PTA designated Bank Account.

(2) A processing fee amounting to Rs. 1000 (Rupees one thousand) shall be charged for the addition or deletion of locations of numbers.

19. Number Allocation Fee.—(1) For each number in use whether allocated/assigned to a person on or before the promulgation of these regulations, the annual charges payable in advance by 31st July each year on such terms and conditions as determined the Authority from time to time.

(2) The fee for number allocations shall be as follows:

S.N.	Number Category	Annual Fee (Rs.)
1.	Six (or higher) digit number for PSTN/ WLL & Mobile Phone Numbers	0.50
2.	Short Codes, Common Short Codes, Carrier Selection Codes, Carrier Access Codes, NSPC, 1SPC, SID, Toll Free Numbers, UIN, Premium Rate Service numbers and other special numbers etc.	5000.00

Explanation:

(a) The annual standard rate of charge for most seven digit numbers including mobile numbers (excluding NDC) shall be as Rs. 0.50/-;

(b) The maximum amount of charge that shall be imposed on any individual number is Rs.5,000. This maximum rate of charge shall be imposed on short codes as well;

Provided that the annual numbering fee shall not be charged for the numbers allocated for less than six (6) months i.e. number resource allocated between 1 January and 30 June of any year.

(3) The fee for UAN allocations shall be as follows:

Categories of Universal Access Numbers	Charges
A	Rs.20,000 (for every five years)
B	Rs. 160,000(for every five years)
C	Rs.64,000 per annum
D	Rs. 100,000 per annum

Explanation:—

(a) Payment of UAN Charges shall be made in advance for the periods specified in the table.

(b) Where an organization requests a second allocation of a category 'C’ and 'D' UAN number the charges that shall be applicable will be a multiple of the first one i.e If an organization is allocated THREE Category-C numbers, the charge for the first number would be Rs.64,000, for the second Rs.l28,000(2xRs.64,000) and for the third
Rs. 192,000 (3xRs.64,000).

(c) The details of the list and formulas of the categories of Universal Access Numbers may be seen by the applicant from the website of the Authority at www.pta.gov.pk.

(4) The parties shall be liable to pay a penalty @2% per month or part thereof on the amounts outstanding if the dues are not paid by 31st July each year.

(5) In the case of a request for permanent cancellation of an allocation under these regulations, no charges shall be payable for the allocation for the subsequent year provided the request is received by 30th June in that year.

PART-IV

WITHDRAWAL OF NUMBERS

20. Withdrawal of Numbering Allocations.—(1) The Authority shall withdraw allocated capacity, or part of such capacity on the following grounds:--

(a) It at any stage the allocation is found not in line with:--

(i) these Regulations; or

(ii) the Plan; or

(iii) any specific conditions applied to that numbering allocation or where there are overriding national interests.

(b) withdrawal of an in-service numbering allocation shall only be made after the Authority has consulted with interested parties and, where the Authority considers it appropriate, with end users affected by the withdrawal and normally shall be subject to a period of notice of not less than three months following the consultation;

(c) if an allocation, or part of an allocation, is not brought into service within a period of one year from the date of allocation, it shall stand surrendered/withdrawn automatically without any further correspondence;

(d) if the dues payable to the Authority on account of annual number allocation fee including penalty, if any, are not cleared within a period of one year from the due date; and

(e) in case, an allocation or part of an allocation is withdrawn by, the Authority the applicant shall have to apply afresh for the allocation or part thereof.

(f) If the UAN is not utilized for a continuous period of six months from the date of allocation it shall be considered which shall be quarantined for a period of thirty (30) days.

21. Notifications of Bringing Into Service.—(1) It shall be the responsibility of the holder of the allocation to negotiate with and to notify relevant operators and where appropriate, overseas authorities on the implementation of allocations within the timescales agreed between the organization and the operators concerned, under intimation to the Authority.

(2) Operators and others to whom allocations of numbering capacity have been made are required to advise the Authority of the contact in their organizations who is to receive notifications of the dates for activation of the allocated codes and number blocks.

(3) The Authority shall maintain a list of such contacts and shall make it available on request.

(4) The Authority shall, in collaboration with operators and service providers, review the process for the notification of the bringing into service of new numbering ranges, in particular taking into account the impact of direct allocations to service providers.

PART-V

SERVICE PROVIDER'S OBLIGATIONS

22. Service Provider's Obligations to Consumers for use of Numbers.—The terms and conditions for the number resources reallocated by the service provider to its customers shall be based on the following principles:—

(a) Telephone numbers are a national resource, and not owned by a person to whom they are allocated or issued;

(b) a customer to whom a telephone number has been legitimately issued may enjoy the beneficial use of the number, freely and without hindrance;

(c) a customer to whom a telephone number has been legitimately issued is entitled to continuous use of the number while an appropriate service is provided using the number; and

(d) a customer to whom a number has been allocated shall be solely responsible for its use and ensure that its number shall not be used for services other than specified in its contract with the service provider.

23. Audit Process.—(1) Each holder of an allocation shall submit to the Authority each year an Annual Numbering Return.

(2) The return shall refer to information at the calendar year end and shall be submitted to the Authority within one (1) month of the year end.

(3) The return shall normally specify the following information for each allocation:

(a) the current use of the allocation;

(b) the percentage of numbers which have been allocated to end users or which for other reasons are unavailable for further allocation the reasons for unavailability should be specified;

(d) the return shall also provide:

(i) forecasts of demand within significant ranges specified by the Authority; and

(ii) any other information required by the Authority.

(e) the information shall be supplied in a format acceptable to the Authority; and

(f) the data collected shall be published in summarized form in the Annual Report produced by the Authority.

PART-VI

THE NUMBERING PLAN

24. Existing Structure of Numbering Plan.—(1) The numbering plan shall be an open numeric scheme and it shall comprise of 9-digit numbers. There shall be 99 Numbering Plan Areas (NPAs) and a unique National Destination Code (NDC) shall be allocated against each NPA.

(2) For 2-digit NDC, the subscriber's number, shall comprise of 7-digits.

(3) For 3-digit NDC, the subscriber's number shall comprise of 6-digits.

(4) A number series shall comprise of blocks of numbers of 10K & 100K.

(5) The cellular subscriber shall be allocated in 8-digit numbers.

(6) The structure of existing numbering plan shall be as follows:

CC+NDC+SN

Explanation:

(a) CC is Country Code (which is 92 for Pakistan);

(b) NDC is National Destination Code or Area Code; and

25. Network Destination Codes—The Network Destination Codes are summarized in the following table:

S.No.	Allocation	Code
1	Special Services/ Short Codes	1
2	PSTN - Southern Sind	2
3	Mobile and other operators	3
4	PSTN - Central Punjab	4
5	PSTN - Northern Punjab/ Islamabad/ AJK & Northern Areas (SCO) & UPT / Personal Numbers	5
6	PSTN - Southern Punjab	6
7	Northern Sind PSTN - Balochistan/ Value added/ Tariff	7
8	Services/MM	8
9	PSTN - NWFP/ Prime Rate Services	9
10	Prefixes	0

26. Network Destination Codes - NDC 3.—The NDCs relating to Level 3 shall be allocated in the following manner:

Codes	Service
3 x (x=0 to 6)	Mobile Services
3 x(x=7 to 9)	Reserved for other Operators

27. International Signaling Point Code (ISPC).—International Signaling Point Code shall be comprised of 14-bit (in 3-8-3 format) used at the international level for signaling message routing and identification of signaling points involved. The ISPC shall be used in signaling messages containing the Network Indicator (NI)=00. The format of the TSPC shall be as follows:

3 bits

8 bits

3 bits

Signaling Area Network Code (SANC)

Signaling point identification

International Signaling Point Code (ISPC)

28. Signaling Point Code (SPC).—(1) Signaling Point Code shall be comprised of 14-bit (in 4-4-6 format) used at the level for signaling message routing and identification of signaling points involved for national use according to ITU-T recommendations Q-704.

(2) The SPC shall be allocated in a structured and decimal format to the licensee and only one single SPC will be allocated to a signaling point.

(3) The format of the SPC shall be as follows:

4 bits

6 bits

Signaling Point Code (SPC)

29. International Mobile Station Identities (IMSI).—The structure of IMSI shall be as follows:-

MCC	MNC	NDC	MSIN
410	2-digit (00 to 99)	2-digit	H1H2xxxxxxxx

MCC Mobile Country Code

MNC Mobile Network Code

MSIN Mobile Station Identification Number

NMSI National Mobile Station Identity

IMSI International Mobile Station Identity

30. Issuer Identifier number (IIN).—The issuer identifier numbers for SIM Cards based on the IC technology shall have maximum length of the visible card number (primary account number) should be 19 characters as per ITU-T recommendations E-118 and is composed of the following format:

Photo Copies 2591

-- Major Industry Identifier (MII),

-- Country code; IIN number

-- Issuer identifier;

-- Individual account identification number;

-- Parity check digit

31. Summary of Allocations and Application Forms.—The Table-1 shall be summarized as the plan to a large extent:

Provided that the Tables 2 & 3 may be referred for the used and available levels/short codes in the Plan

Table-1

	1	2	3	4	5	6	7	8	9	0
1	CS/IA/SSSCs				Police	Fire Brigade	Directory Info	Tele-Comp	CS	CS/ SSSCs
2	G	G	G	G	G	V	V	V	G	V
3	CM	CM	CM	CM	OO	OO	OO	OO	OO	CM
4	G	G	G	G	G	G	G	G	G	G
5	G	G	G	G	G	G	G	SCO	V	V
6	G	G	G	G	G	G	G	G	V	G
7	G	G	G	G	V	V	V	V	V	V
8	G	G	G	G	G	G	V	V	V	FPh
9	G	G	G	G	V	G	V	V	G	PRS

CS: Carrier Selection IA: Internet Access

SSSC: Special Service Short Code G: Geographic (PSTN)

CM: Cellular Mobile OO: Other Operators

SCO: Special Communication Organization

PRS: Prime Rate Service FPh: Free Phone Service

V: Vacant

32. Directions of the Authority.—All directives, instructions, orders and clarifications issued by the Authority on and before notification of these Regulations shall be binding on the Licensees and persons as the case may be.

33. Repeal and savings.—The Number Allocation and Administration Regulations, 2005, are hereby repealed:

Provided that all orders, directives, notifications and/or actions under the Number Allocation and Administration Regulations, 2005 shall be deemed always to have been made, taken, issued lawfully and validly unless amended, withdrawn, rescinded, or annulled by a person or authority competent to do so under these regulations.

See the Table on Gazette of Pakistan at pages 2593 to 2618.

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