XXI OF 2012
THE DRUG REGULATORY
AUTHORITY OF
An Act to provide for the establishment of Drug
Regulatory
Authority of Pakistan
[Gazette of
No. F. 9(12)/2012-Legis.--The following Act of Majlis-e-Shoora (Parliament)
received the assent of the President on
WHEREAS it
is expedient to establish a Drug Regulatory Authority of Pakistan to provide
for effective co-ordination and enforcement of The Drugs Act, 1976 (XXXI of
1976) and to bring harmony in inter-provincial trade and commerce of
therapeutic goods;
AND WHEREAS
it is expedient to regulate, manufacture, import, export, storage, distribution
and sale of therapeutic goods;
AND
WHEREAS the Provincial Assemblies of Khyber Paktunkhwa,
It is
hereby enacted as follows:
CHAPTER-I
PRELIMINARY
1. Short title, extent and commencement.--(1) This Act may be called the Drug Regulatory
Authority of Pakistan Act, 2012.
(2) It extends to the whole of
(3) It shall come into force at once.
2. Definitions.--In this Act, unless there is anything repugnant in the subject or
context,--
(i) "Act"
means the Drugs Act, 1976 (XXXI of 1976);
(ii) "Alternative
Medicine" means a product used exclusively in Homeopathic, Unani,
Ayurvedic, Biochemic, Chinese or other traditional system of treatment;
(iii) "Appellate
Board" means an Appellate Board constituted under Section 12 for the
disposal of appeals against the decisions of the Licensing Board or the
Registration Board or Pricing Committee;
(iv) "Authority"
means the Drugs Regulatory Authority of Pakistan established under Section 3;
(v) "Biologicals"
means biological drugs as defined in Schedule-I;
(vi) "Board"
means the Policy Board of the Authority constituted under Section 9;
(vii) "CEO"
means the Chief Executive Officer of the Authority appointed under Section 5;
(viii) "Chairperson"
means the Chairperson of the Board;
(ix) "civil
servant" means a civil servant as defined in the Civil Servants Act, 1973
(LXXI of 1973);
(x) "decision"
includes an order, determination or direction of the Authority or the Board
made in accordance with laws, rules and regulations;
(xi) "Director"
means director of a department of the Authority;
(xii) "drug"
means drug as defined in Schedule-I;
(xiii) "fee"
means fee prescribed by the Board for any service;
(xiv) "Fund"
means the Drug Regulatory Authority of Pakistan Fund created under Section 19;
(xv) "health
and OTC Products (non-drugs)" include probiotics and disinfectant,
nutritional products, food supplements, baby milk and foods, medicated
cosmetics, medicated soaps and medicated shampoos;
(xvi) "Inspector"
means the Inspector appointed under the Act as specified in Schedule-V;
(xvii) "Licensing
Board" means a Licensing Board constituted under Section 7 sub-section (u)
of this Act to regulate the grant of licenses for the manufacture of
therapeutic goods;
(xviii) "Medical
Device" means medical devices as specified in Schedule-I;
(xix) "Medicated
Cosmetics" means cosmetics containing drugs as specified in Schedule-1;
(xx) "Member"
means a member of the Board;
(xxi) "OTC"
mean over-the-counter non-prescription products;
(xxii) "penalty"
means penalty as specified in Schedule III;
(xxiii) "person"
means any individual or any legal entity;
(xxiv) "Pension
Endowment Fund" means an endowment fund separate from the Fund of the
Authority dedicated only for the payment of pension benefits of Authority's
employees;
(xxv) "pharmaceutical
field" means regulation, manufacturing, quality control, quality
assurance, research, academia, import, export, and pharmacy services in drugs;
(xxvi) "pharmacy
services" means services rendered by a pharmacist in pharmaceutical care,
selection, posology, counseling, dispensing, use, administration, prescription
monitoring, pharmacoepidemiology, therapeutic goods information and poison
control, pharmacovigillance, pharmacoeconomics, storage, sales, procurement,
forecasting, supply chain management, distribution, drug utilization
evaluation, drug utilization review, formulary based drug utilization and
managing therapeutic goods at all levels including pharmacy, clinic, medical
store, hospital or medical institution;
(xxvii) "pharmaceutical
evaluation" means the assessment of a detailed pharmaceutical dossier
submitted for the registration of a therapeutic good;
(xxviii) "pharmaceutical
dossier" means a set of documents, as specified in Schedule-I;
(xxix) "prescribed"
means prescribed by rules or regulations under this Act;
(xxx) "Prohibitions"
means Prohibitions as specified in Schedule-II;
(xxxi) "regulation"
means the regulations made under this Act;
(xxxii) "Registration
Board" means a Registration Board constituted under Section 7 sub-section
(u) of this Act to regulate the grant of registration to therapeutic goods;
(xxxiii) "rules"
means the rules made under this Act;
(xxxiv) "Secretary"
means Secretary of the Board;
(xxxv) "Schedule"
means Schedule to this Act; and
(xxxvi) "Therapeutic
goods" includes drugs or alternative medicine or medical devices or
biologicals or other related products as may be notified by the Authority.
CHAPTER-II
AUTHORITY AND BOARD
3. Establishment of the Authority.--(1) As soon as may be, after the commencement of this
Act, the Federal Government shall, by notification in the official Gazette,
establish an Authority to be known as the Drug Regulatory Authority of
Pakistan, to carry out the purposes of this Act.
(2) The Authority shall be a body corporate
having perpetual succession and a common seal, and may sue and be sued in its
own name and, subject to and for the purposes of this Act, may enter into
contracts and may acquire, purchase, take, hold and enjoy moveable and
immovable property of every description and may convey, assign, surrender,
yield up, charge, mortgage, demise, reassign, transfer or otherwise dispose of
or deal with, any moveable or immovable property or any interest vested in it.
(3) The Authority shall be an autonomous body
under the administrative control of the Federal Government with its
headquarters at
(4) The Authority may set up its establishments
including sub-offices and laboratories at provincial capitals and such other
places, as it may deem necessary from time to time. The existing Federal Drugs
Control Administration and the sub-offices set up in all provinces and
laboratories called the Central Drugs Laboratory,
(5) The
common seal of the Authority shall be kept in the custody of the Chief
Executive Officer or such other person as may be prescribed by regulations and
documents required or permitted to be executed under the common seal shall be
specified and authenticated in such manner as may be prescribed by regulations.
4. Composition
of the Authority.--(1) The Authority
shall consist of a full time Chief Executive Officer (CEO) and thirteen
Directors who shall be appointed by the Federal Government on the
recommendation of Board, whose qualifications, terms and conditions shall be
such as may be prescribed. The Directors shall be designated as:-
(a) Director Pharmaceutical Evaluations and
Registration.--He shall be incharge of the Division of Pharmaceutical
Evaluations and Registration which shall be responsible for the evaluation,
assessment and registration of Pharmaceuticals drugs for human beings, animals and
to perform other functions connected therewith and assigned by the Board;
(b) Director Drug Licensing.--He shall be
the incharge of the Division of Drug Licensing which shall be responsible for
the licensing of the drugs manufacturing facilities and to perform other
functions connected therewith;
(c) Director Quality Assurance and Laboratory
testing.--He shall be incharge of the Division of Quality Assurance and
Laboratory testing which shall be responsible for enforcement of current Good Manufacturing
Practices under the Act, and for testing or research of drugs and to perform
other functions connected therewith. The Division will also perform the
functions related to post marketing surveillance and shall be responsible for
the evaluation, co-ordination and monitoring of safety, efficacy and quality of
registered drugs and inactive materials including the clinical and toxicological
study, drug recalls and with drawls, and to perform other functions connected therewith;
(d) Director
Medical Devices and Medicated Cosmetics.--He shall be incharge of the Division
of Medical Devices and Medicated Cosmetics which shall be responsible for the
assessment, enlistment or registration of medical devices and medicated
cosmetics, medicated shampoos and medicated soaps for human beings, animals and
to perform other functions connected therewith;
(e) Director Biological Drugs.--He shall be
incharge of the Division of Biological Evaluation and Research which shall be
responsible for the evaluation, assessment, registration and licensing of
Biologicals for human beings, animals and to perform other functions connected
therewith including all the functions of national control authority for
biologicals as required for the prequalification by World Health Organizations
of locally manufactured human biological drugs;
(f) Director Controlled Drugs.--He shall be
incharge of the Division of Controlled Drugs which shall in consultation with
the Federal Government be responsible for regulation and allocation of quota of
narcotic drugs, psychotropic substances and precursor chemicals and to perform
other functions connected therewith;
(g) Director Pharmacy Services.--He shall be
incharge of the Division of Pharmacy Services which shall be responsible for
the development and promotion of pharmacy services and to perform other
functions connected therewith;
(h) Director Health and OTC Products
(non-drugs).--He shall be incharge of the Division of Health and OTC
Products (non-drugs) which shall be responsible for the assessment, licensing
and registration of Alternative Medicines such as Ayurvedic, Chinese, Unani and
Homeopathy, enlistment or registration of nutritional products and food
supplements for human beings, animals and to perform other functions connected
therewith;
(i) Director Costing and Pricing.--He shall
be incharge of the Division of Costing and Pricing which shall be responsible
for the costing and pricing of therapeutic goods and to perform other functions
corrected therewith;
(j) Director Budget and Accounts.--He shall
be incharge of the Division for Budget and Accounts which shall be responsible
for budgetary and financial aspects of the Authority and other daily accounting
matters connected therewith or ancillary thereto;
(k) Director Administration, Human Resource and
Logistics.--He shall be incharge of the Division for Administration, Human
Resource and Logistics which shall be responsible for administration,
recruitment, appointment, capacity building and development for the Authority
and other matters connected therewith and ancillary there to;
(l) Director Legal Affairs.--He shall be
incharge of the Division for Legal Affairs which shall be responsible for legal
aspects of the Authority and other matters connected with Drug Court and other Court
cases therewith or ancillary thereto; and
(m) Director Management Information Services.--He
shall be incharge of the Division for Management Information Services which
shall be responsible for development of automation of functions using
information technology for the Authority and other matters connected therewith
and ancillary there to;
(2) The Federal Government, on the
recommendations of the Board may increase or decrease the number of Divisions
or Director and prescribe their functions and the relevant experience,
qualification, terms, mode and manner of appointment of Directors and related
staff in each Division.
5. Chief Executive Officer.--(1) The Federal Government may, on the recommendations
of the Board appoint a person as Chief Executive Officer who,--
(a) has a
post graduate degree in Pharmacy or medicine with an age not less than 45 years
or more than 56 years, with a minimum of twenty years experience in management
or pharmaceutical field or regulatory affairs, in public sector, or if no such
person of aforesaid qualifications is available in the public sector, then a
person possessing above qualifications and experience from the private sector;
(b) the
tenure of appointment of CEO shall be for a period of three years, extendable
on the recommendation of the Board for one year only; and
(c) the CEO
shall exercise general Control and supervision over the affairs of the
Authority and shall ensure the provisions of the Act, the rules, and that the
regulations, policies and directions of the Board are properly executed;
(2) The CEO shall discharge such duties and
perform such functions as are assigned to him by or under this Act or as may be
prescribed by the Board and in particular shall,—
(a) keep in custody the records and seal of the
Authority;
(b) submit
plan of work and budget estimates of the Authority for approval of the Board;
and
(c) submit to
the Board, in accordance with the rules and regulations reports on the
activities of the Authority.
(3) The CEO shall also have the power to,—
(a) supervise
the activities connected with the execution of programs for training, research,
institutional consultancies, and other services;
(b) authorize
expenditure provided for in the budget in accordance with the rules and
regulations;
(c) re-appropriate funds within the approved
budget;
(d) delegate
his powers to appropriate levels of management subject to such conditions as he
may deem fit;
(e) issue notices
of meetings of the Board and Appellate Board and to maintain proper record of
the minutes and proceedings thereof;
(f) execute deeds and documents on behalf of
the Board; and
(g) perform any other duty assigned to him by
the Board.
(4) The CEO shall not, except with the prior
approval of the Board in each case or unless already approved in the budget
duly itemized, allow expenditure on items of civil works, or capital
expenditure on office or laboratory equipment or automobiles,
(5) The CEO may tender his resignation under
his own hand.
(6) In case of occurrence of vacancy of CEO the
Federal Government is authorised to appoint any person having prescribed
qualification as CEO for a period of three months or till the appointment of
CEO, whichever is earlier.
6. Meeting
of the Authority.--(1) Save as
hereinafter provided, the Authority shall regulate the procedure for its
meetings.
(2) The
meetings of the Authority shall be convened by the CEO at any time on his own
or as directed by the Policy Board on any matter requiring decision by the
Authority.
7. Powers
and functions of the Authority.--The
powers and functions of the Authority shall be to,—
(a) administer
the laws specified in the Schedule-VI that apply to Federal Government, and
advise the Provincial Governments for the laws that are applicable to the
Provinces;
(b) monitor
the enforcement of laws specified in the Schedule-VI and collect relevant data
and information;
(c) issue guidelines and monitor the
enforcement of,—
(i) licensing
of the manufacture of therapeutic goods;
(ii) registration
of therapeutic goods;
(iii) regulation
for the advertisement;
(iv) drug
specifications and laboratory practices;
(v) prosecution and appeals under this Act and
the Drugs Act, 1976 (XXXI of 1976) relating to Federal subject;
(vi) regulation and allocation of quota of
narcotic drugs, psychotropic substances and precursor substances (chemicals) in
consultation with Federal Government;
(vii) regulation for pricing and mechanism for
fixation of prices of various therapeutic goods under its ambit;
(viii) determining standards for biological
manufacturing and testing;
(ix) implementation of internationally recognized
standards such as good laboratory practices, current good manufacturing
practices, good distribution practices, cold chain management, bioequivalence
studies, stability studies, anti-spurious codes, clinical trials, biosimilar evaluations,
and endorsement and systematic implementation of World Health Organization,
International Confer-ence on Harmonizations and Food and Drug Administration
guidelines etc.;
(x) regulation, enforcement and monitoring of
advertisement rule and ban on false advertisement;
(xi) manufacturing of active pharmaceutical
ingredients in all its forms; and
(xii) use
of central research fund.
(d) co-ordinate,
monitor or engage, in conjunction with other organizations, Provincial
Governments and international agencies, in training, study or project related
to therapeutic goods. The Authority may engage any individual or counsel to
advise or work for managing national and international opportunities for
training, education, seminars, conferences etc., with a view to improve
capacity building;
(e) facilitate
advancement and up gradation of the sector to meet international standards and
also to promote manufacture and export of active pharmaceutical ingredients and
therapeutic goods;
(f) co-ordinate
at policy level and provide policy guidance to the Provincial Government in the
performance of their functions with a purpose to bring uniformity;
(g) facilitate
the procurement and implementation of foreign aided technical assistance on
therapeutic goods where such expertise does not exist but its existence would
promote public good;
(h) take
steps for development and promotion of pharmacy services;
(i) undertake
awareness campaigns regarding prevention of diseases, patients' rights,
healthcare privileges etc., through media, seminars, publications, and other
available means of information technology;
(j) issue
guidelines and monitor proceedings and funding and accounts of health seminars,
workshops and conferences;
(k) advise
the Federal Government on issues related to obligations and commitments related
to therapeutic goods;
(l) appoint
such employees, consultants and experts as deemed necessary on prescribed terms
and conditions including their salaries and remunerations with consultation and
approval of the Board. Such recruitment, continuation and remuneration shall be
based on merit and productivity;
(m) prescribe
rules for seniority, promotion, code of conduct and terms and condition of
service of its employees;
(n) levy such
charges or fees as may be prescribed for services and facilities provided by
the Authority and its offices;
(o) enter
into contract for the supply of materials or for the execution of works as may
be necessary for the discharge of any of its duties and functions;
(p) prepare
annual budget to be approved by the Board;
(q) to
monitor and regulate the marketing practices, so as to ensure rational use of
drugs, and ethical criteria for promotion of therapeutic goods in line with
international practices;
(r) develop
working manuals, guidelines, references, materials and procedures in order to
improve the working environment of offices etc., set up under the Authority;
(s) prescribe,
regulate or implement measures and standards on matters related or connected
with the Authority;
(t) develop,
issue, adopt, and enforce the standards and guidelines to ensure safety,
efficacy, and quality of therapeutic goods with rational use at reasonable
price;
(u) perform
licensing, registration, pricing and appellate function thereof;
(v) co-ordinate
with Provincial Governments and International agencies for smooth
implementation of laws, capacity building and training of the regulatory staff;
(w) develop
standard operating procedures, manuals, guidelines for transparent working of
offices and conduct quality audits for conformance of the same;
(x) establish
system of cost recovery to ensure financial autonomy and efficient functioning
of the authority without becoming burden on the Government; and
(y) perform
and carry out any other act, duty or function as may be assigned to it by the
Policy Board and the Federal Government for furthering the provisions of this
Act.
8. Delegation of powers.--The Authority may with the approval of the Board, by
general or special order in writing subject to such conditions or limitations,
delegate any of its powers and functions to any of its officers as it may deem
appropriate.
9. Policy Board.--(1) The general direction, administration and monitoring of the
Authority shall vest in the Policy Board which shall consist of fifteen
members, namely:-
|
(a) Secretary
of the concerned Division (Federal Secretary BS-22) |
Chair person |
|
(b) CEO |
Member |
|
(c) Representative
of Ministry of Law and Justice not below BPS-20 |
Member |
|
(d) Secretary
of the concerned Department, Government of the Balochistan |
Member |
|
(e) Secretary
of the concerned Department, Government of the Sindh |
Member |
|
(f) Secretary
of the concerned Department, Government of the Khybcr Pakhtunkhwa |
Member |
|
(g) Secretary
of the concerned Department, Government of the |
Member |
|
(h) Secretary
of the concerned Department, Government of the Gilgil-Bultistan |
Member |
|
(i) Representative
from Federally Administered Tribal Area |
Member |
|
(j) Six
experts from the public and private sector with equal representation from
each Province, these members shall be from different specialties as defined
in sub-section (3) below. |
Member |
(2) The
CEO shall also be the Secretary of the Board. The Board shall look after and be
responsible for the affairs of the Authority.
(3) The
Federal Government shall, by notification in the official Gazette, appoint six
expert members, with representation from the Provinces, under Clause (j) of
sub-section (1) preferably one from each province having specialty in the
fields of drug manufacturing, quality control, drug regulation, public health,
pharmacy services, health finance, health economics, health management,
pharmacology, or biotechnology:
Provided
that unless earlier removed by the Federal Government the term of the expert
member shall be two years and shall be eligible for one more similar term only.
The expert member may resign his office by writing under his hand addressed to
the Federal Government:
Provided
further that the expert member shall himself attend the meeting and shall not
send a representative;
(4) No act or proceeding of the Board shall be
invalid by reason only if the existence of a vacancy in the constitution of the
Board.
(5) Notwithstanding the composition of the
Board constituted by the Federal Government under sub-section (1), the Board
may increase or decrease the number of its members and prescribe the
qualifications and procedure for their appointment.
10. Meeting
of the Policy Board.--(1) The
meetings of the Board shall be convened by the Secretary of the Board with the
prior approval of the Chairperson. In case of absence of the Chairperson, the
members present may elect the Chairperson for that meeting.
(2) The meetings of the Board shall be held at
twice a year or more as and when required. A special meeting may also be called
at any time to deal with any urgent business.
(3) Save as hereinafter provided, the Board
shall make regulations for the conduct of its business.
(4) A simple majority of the total membership
shall constitute the quorum for a meeting of the Board and in case of equality
of votes, the Chairperson or the person presiding over the meeting shall have a
casting vote.
(5) All decisions or determinations taken by
the Board shall be recorded in writing.
(6) The Board meeting shall be called by giving
an advance notice of at least seven days.
11. Functions
of the Board.--(1) The Board shall have
the following functions, namely:--
(a) frame the
policy and provide guidelines based on global and regional trends to the
Authority and monitor the implementation and performance of the guidelines and
of the functions of the Authority ensuring good governance and accountability;
(b) monitor
and supervise all the functions of the Authority;
(c) approve
the Budget of the Authority; and
(d) determine
all fees and levies.
12. Appellate Board and Committees of the Policy
Board.--(1) The Board may constitute
Appellate Board and Committees of experts as it considers necessary or
expedient to assist it in the performance of its functions under this Act.
(2) A
Board and Committee constituted under sub-section (1) shall act in accordance
with the regulations made by the Board.
13. Invitation
by Board.--The Board may invite any person
to attend its meeting or deliberations including any meeting of the Appellate
Board or its Committees constituted under Section 12, for the purpose of
advising it on any matter under discussion but such person shall have no right
to vote at the meeting or deliberation.
14. Appointment
of officers and employees etc., of the Authority.--(1) The Authority, with approval of the Board, may
create posts and appoint such officers, employees, experts and consultants, as
it may consider necessary, for the performance of its functions in the
prescribed manner. The criteria for recruitment and selection of employees and
officers will be determined by the Board according to the rules as prescribed.
(2) The age of superannuation for each employee
shall be sixty years.
(3) No person shall be appointed as the CEO or
Director of the Authority unless he is a citizen of
15. Integration
of Federal Drugs Control Administration its sub-offices and Laboratories.--(1) Upon the commencement of this Act the Drugs Control
Administration, its sub-offices and its Laboratories hereinafter referred to as
the said offices as referred in sub-section (4) of Section 3 shall become part
of the Authority.
(2) All assets, rights, powers, authorities and
privileges and all properties, movable and immovable, cash and bank balance,
reserve funds, investment and all other interest rights in, or arising out of
such properties and all debts, liabilities and obligation of whatever kind of
the said offices subsisting immediately before there integration shall stand
transferred to and vest in the Authority.
(3) All debts and obligation incurred or
contracts entered into or rights acquired and all matters and things engaged to
be done by, with or for the said offices before their integration, shall be
deemed to have been incurred, entered into, acquired or engaged to be done by
for the Authority.
(4) All suits and other legal proceedings
instituted by or against the said offices before their integration shall be
deemed to be suits and proceedings by or against the Authority and may be
proceeded or otherwise dealt with accordingly.
(5) Notwithstanding anything contained in any
contract or agreement or in the conditions of services,--
(a) every
employee of the said offices under the Federal Government immediately after the
commencement of this Act shall be required to exercise an irrevocable option
either to continue in the present pay and service structure as a civil servant
or to opt for absorption in the Authority within a period of thirty days from
the date of commencement of this Act;
(b) all
employees who opt to be included in the Authority under its rules shall be
governed by this Act and the terms and conditions so prescribed;
(c) no health
personnel who opts to be governed under this Act shall be entitled to any
compensation because of such transfer; and
(d) the terms
and conditions of service of all officers and staff employed in the Drug
Regulatory Agency of Pakistan under Ordinance (I of 2012) before the
commencement of this Act shall not be varied to their disadvantage under the
Authority.
16. Experts,
consultants and advisers not to be civil servants.--The experts, consultants, employees or advisers
employed by the Authority shall be governed by the terms and conditions of
their appointment and shall not be deemed to be civil servant within the
meaning of Civil Servants Act, 1973 (LXXI of 1973).
17. CEO and
officers etc., to be public servants.--The
CEO. officers, employees, experts and consultant of the Authority shall, when
acting or purporting to act in pursuance of any of the provisions of this Act,
be deemed to be public servants within the meaning of Section 21 of the
Pakistan Penal Code (Act, XLV of 1860).
18. Conflict of interest.--(1) No person shall be appointed as CEO, Director,
consultant, advisor, officer or employee of the Authority if he or she has any
financial or professional conflict of interest.
(2) No
person shall be member of the Board or Director if he has immediate family
members (parent, child, sibling or spouse) as senior officials or owners of
concerns dealing in therapeutic goods.
CHAPTER-III
FUND, BUDGET AND ACCOUNTS
19. Drug Regulatory Authority of Pakistan Fund.--(1) There shall be a fund to be known as the Drug
Regulatory Authority of Pakistan Fund which shall vest in the Authority and
shall be utilized by the Authority to meet us expenses and charges properly
incurred in connection with the carrying out of its functions and duties
assigned or transferred to it under this Act, including but not limited to the payment
of salaries and other remuneration to the CEO, Director, members of the
different Boards, employees, experts, consultants and advisers of the
Authority.
(2) The Drug Regulatory Authority Funds shall
be financed from the following sources namely:--
(a) grant-in-aid
in terms of salaries and retirement benefits of the existing staff to be
provided by the Federal Government;
(b) donations
and endowments;
(c) grants
and loans by the Federal Government or a Provincial Government;
(d) loans and
grants from the national and international agencies received by the Federal
Government and Provincial Governments to finance the function of the Authority;
(e) charges
and fees collected by the Authority to recover the costs of regulated
activities under this Act;
(f) proceeds
of any investments made by the Authority which are not required for immediate
use. All investments to be made by the Authority shall be with the approval of
the Board;
(g) proceeds
from any other service rendered by the Authority, including Inspection
Services, foreign or local, or sale of any publication; and
(h) Central
Research Fund collected from the pharmaceutical industry.
(3) At the end of each financial year, the
balance sheet shall be prepared and any un-spent remaining amount and all other
collections including Central Research Fund shall be securely invested only in Government
schemes in order to achieve self-sufficiency of the Authority.
(4) A separate pension endowment fund shall be
established for the payment of pensions of employees recruited in the
Authority.
20. Fees and other charges to be levied by the
Authority.--(1) The Authority shall
levy and collect such fees, in respect of any of its functions at such rates as
may be determined, from time to time by the Authority, with the approval of the
Policy Board, in accordance with rules.
(2) The Central Research Fund fee shall be
deposited in the non-lapsable sub-account of the Authority to be utilized as
per existing rules.
(3) The existing Central Research Fund kept
with the Federal Government shall be transferred to the Authority immediately
after the notification of establishment of the Authority.
21. Budget.--(1) The Authority shall, in respect of each financial
year prepare on such date as may be prescribed a statement of the estimated
receipts and expenditure, including the revised and estimated budgets,
requirements of grant-in-aid from Federal Government, and foreign exchange for
the next financial year for consideration and approval of the Board. Any
foreign exchange requirements within the overall annual approved budget by the
Board shall be sent to Federal Government for appropriate provision and
allocation.
(2) It
shall not be necessary for the Authority to take prior approval from the
Government to spend money from its own generated funds, and shall practice
financial freedom as the Board deem fit for furtherance of its functions.
22. Accounting
and Audit.--(1) The Authority may
open its accounts with any scheduled Bank or financial institution within the
framework of the prescribed rules. The Authority may approach the Government,
for the grant of initial funds in this respect.
(2) The accounts of the Authority shall be
maintained as a double entry system and in the manner prescribed by the
Controller General of Accounts.
(3) The Authority shall cause to be carried out
audit of its accounts by one or more auditors registered as chartered
accountants within the meaning of the Chartered Accountants Act, 1961 (X of
1961).
(4) Notwithstanding the audit provided by in
sub-section (3) the Auditor General shall have the power to audit or cause to
be audited the accounts of the Authority.
(5) A copy of the audit report shall be sent to
the Federal Government along with the comments of the Authority.
(6) The Authority shall take the requisite
steps for the rectification of any objection raised by the Auditor-General of
CHAPTER-IV
RULES AND REGULATIONS
23. Power to
make rules.--The Authority may, with
the approval of the Federal Government, by notification in the official Gazette,
make rules for carrying out the purposes of this Act.
24. Power to
make regulations.--The Authority may,
by notification in the official Gazette, with the approval of the Board, make
regulations, for its internal working and terms and condition of employees not
inconsistent with the provisions of the Act or the rules, for the carrying out
of its functions under ityis Act.
CHAPTER-V
MISCELLANEOUS
25. Submission
of annual reports and returns.--(1)
Within three months of the conclusion of each financial year, the Authority
shall submit an annual report to the Federal Government in respect of the
activities of the Authority including the status of its existing programs,
projects and further plans formulated in furtherance of its aims and objectives.
(2) The Federal Government may require the
Authority to furnish:-
(a) any
return, statement, estimate, statistics or other information regarding any
matter under the control of the Authority;
(b) a report
on any subject related to the Authority; and
(c) a copy of
any document in the custody of the Authority;
(3) The Authority shall expeditiously comply
with such directions.
26. Power to
call for information.--The Authority
may call for any person, involved directly or indirectly, and reasonably
believed to having such information in his control or possession which is
required for carrying out the purposes of this Act. The person so called upon
to provide such information shall do so within the period prescribed by the
Authority and in case of failure to do so he shall be punished by imposition of
such penalty which may not exceed one hundred thousand rupees.
27. Offences,
penalties etc.--(1) The offences
shall be such as specified in Schedule-III.
(2) The
prohibition specified in Schedule-II shall be punished in accordance with
Schedule-III.
28. Offences
by companies etc.--Where the person
guilty of an offence under this Act or the Drugs Act, 1976 (XXXI of 1976), is a
company, corporation, firm or institution, every director, partner and employee
of the company, corporation, firm or institution with whose knowledge or
consent the offence was committed shall be guilty of the offence.
29. Cognizance of offences.--Cognizance of offences shall be taken by the Inspector
in the manner specified in Schedule-IV.
30. Complaints.--(1) Any aggrieved person may file a written complaint with
the Authority against contravention of any provision of this Act or any law specified
in Schedule-VI.
(2) The Authority shall, on receipt of a
complaint cause it to be investigated as may be prescribed and provide an
opportunity to the complainant as well as the person against whom such
complaints has been made. The Authority may, on completion of investigation,
take any action as may be prescribed under this Act or as the case may be
subject to the provisions of any law specified in the Schedule-VI.
(3) Appeals against the decisions of the
Authority shall be referred to the Board, which shall formulate an Appellate
Board from among its members, who shall decide the case on merit.
31. Confidential
information.--(1) Except as provided
under the regulations, no person shall communicate, or allow to be
communicated, any record or information obtained under this Act to a person not
legally entitled to that record or information or allows any person not legally
entitled to that record or information to have access to any record obtained
under this Act.
(2) A
person who knowingly receives records or information obtained under this Act
shall hold the record or information subject to the same restrictions under
sub-section (1) as apply to the person from who the records or information were
received.
32. Act not
to override other laws.--(1) The
provisions of this Act shall be in addition to and not in derogation of the
provisions made in the Drugs Act, 1976 (XXXI of 1976) and any other law for the
time being in force.
(2) In
case of inconsistency between the provisions of this Act and any other law for
the time being in force, the provisions of this Act shall prevail.
33. Recovery
of arrears.--All amounts due to the
Authority may be recovered as arrears of land revenue.
34. Indemnity.--No suit prosecution or other legal proceeding shall
lie against any person for anything which is in good faith done or intended to
be done under this Act or any rules or regulations made there under.
35. Power to
amend Schedule.--The Federal
Government may, by notification in the official Gazette, amend the Schedule so
as to add any entry thereto or modify or omit any entry therefrom on the
recommendation of the Board.
36. Removal
of difficulties.--If any difficulty
arises in giving effect to any of the provisions of this Act, the Federal
Government may make such Order by notification in the Official Gazette, not
inconsistent with the provisions of this Act, for the purpose of removing the
difficulty.
37. Employment
under the Authority to be employment under the Federal Government.--Every employment under the Authority shall, for the purpose
of Pakistan Essential Services (Maintenance) Act, 1952 (LIII of 1952), be deemed
to be employment under Federal Government and the said Act shall have effect
accordingly.
38. Act X of
2012 not to apply to the Authority.--Nothing
contained in the Industrial Relation Act (X of 2012), shall apply to or in
relation to the Authority or any of the officers and employees of the
Institute.
39. Co-operation
with international organizations.--The
Authority may, subject to the prior approval of the Federal Government,
co-operate with any foreign authority or international organization in the
field of health on the terms and conditions of any program or agreement for
co-operation to which such authority or organization is a party, or pursuant to
any other international agreement made or after the commencement of this Act.
40. Repeal
and Savings.--(1) The Drug Regulatory
Agency of Pakistan Ordinance, 2012 (Ordinance I of 2012) is hereby repealed.
(2)
Notwithstanding the repeal of the Drug Regulatory Agency of Pakistan Ordinance,
2012 (Ordinance I of 2012) by sub-section (1),--
(a) any
license to manufacture or any registration or maximum retail price fixed for
sale issued thereunder to any person, or for the revalidation of an license or
registration issued earlier under the Act, for which an application has been
made to the Licensing Board, Registration Board, and Drug Pricing Committee as
the case may be within the specified time, shall continue to be valid;
(b) any
license for import or export or sale of drugs issued thereunder to any person,
shall, unless it expires earlier under the terms thereof, continue to be valid
for such periods as the Federal Government, may by notification in the official
Gazette, specify in this behalf.
(3) All such actions of the Federal Government
as mentioned in sub-section (2) since
41. Policy
Directive of Federal Government.--(1)
The Federal Government may issue policy directives in accordance with the law
and Constitution to the Board in respect of any of its activities, powers and
functions and whose compliance shall be binding on the Authority, within a
stipulated time.
(2)
Notwithstanding anything contained in sub-section (1) if there is any
difficulty in implementation of the directions and guidelines of the Policy
Board or the Federal Government, the Authority shall refer the case back to the
Federal Government for its review specifying reasons for non-implementation,
within the stipulated time, whose decision in this respect shall be final.
42. Winding
up of Authority.--No provision of any
law relating to winding up of bodies corporate shall apply to the Authority.
The Authority shall only be wound up by the law to be enacted by the Parliament
for winding up of the Authority).
SCHEDULE-I
[See Section 2
(v, xii, xviii, xix, & xxviii)]
1. BIOLOGICALS
includes,--
(1) Biological
drugs produced by biological systems and which require standardization by
biological assays according to the relevant and updated recommendations of the
World Health Organization published in Technical Report Series and Biological
Standardization Report and includes--
(a) blood products including Plasma, Albumin,
Clotting Factors, Factors VIII, IX, Mixed Clotting Factors Tractions,
Fibrinogens, Immunoglobulins:
(b) immunological products including Antisera,
Antitoxins, specific Immunoglobulins;
(c) in vivo diagnostics including Tuberculins,
Lepronin, Histoplasmin, Coccidioidin, Allergens, Allergens Extracts, Antibodies
conjugated with isotopes for imaging studies;
(d) antigens, cytokines/antibodies/eells
injected to elicit a biological response;
(e) vaccines, including:--
(i) bacterial vaccines including live, killed
whole cell, protein sub-unit, polysacchrid or glyco-conjugate, toxin
derivatives, and rDNA biotechnology developed.
(ii) viral vaccines including live, inactivated,
sub-unit, rDNA, conjugated;
(iii) polyvalent combinations of vaccines
containing combination of vaccines defined in e (i) and d(ii).
(f) toxins and venoms including snake venoms,
scorpion venoms etc;
(g) immunostimulanls of biological origin
including BCG vaccine for immunothcrapy;
(h) biotechnology products which are primarily
manufactured using recombinant DNA, recombinant RNA, hybridoma technology or
other processes involving site specific genetic manipulation techniques.
(i) human interferons, natural hormones,
recombinant antibodies, monoclonal antibodies and derivatives gene therapy
products;
(2) "Biological
Drugs (Finished form)", are Biological Drugs that are defined in
sub-section (1) above and are manufactured, packed by the manufacturer under his
responsibility of quality assurance and is further released by the National Control
Authority or the National Control Laboratory of the country of origin under the
World Health Organization's Lot Release system of evaluation.
(3) "Biological
Drugs (Ready-to-fill form)", are Biological Drugs that are defined in
sub-section (1) above but are manufactured at one site in the form of a "Ready-to-fill
Bulk" but are transferred to another site for final filling, labeling,
packaging and quality control of the finished form. No further formulation or
dilution of the Ready-to-fill bulk is allowed in this case of manufacture. The
final product is released by the
(4) "Biological
Drugs (Concentrated form)", are Biological Drugs that are defined in
sub-section (1) above that are manufactured at one site but are stored in the
form of Concentrated-Bulk of the active ingredient at controlled temperatures.
Such Concentrated-Bulk may be transferred to any other site under temperature
controlled conditions for further dilution, stabilization, filling and packaging.
The diluted and stabilized bulk requires its own set of quality control test and
the final finished form of such Biological Drugs under go another set of
complete quality control tests. The final product is released by the
(5) ''Biological
Drugs (Naked vials)", are Biologicals Drugs that are defined in
sub-section (1) above that are manufactured and filled at one site but the final
containers are neither labeled nor packed in cartons. These drugs are imported in
unlabeled vials and are labeled and packed in carton locally. In such cases at least
an identity test is required to confirm the positive identification of the
required antigen. The final product is released by the
(6) Originator
Biological Drugs means a biological drug which has been licensed by the
national regulatory authorities on the basis of a full registration dossier;
i.e. the approved indication(s) for use were granted on the basis of full quality,
efficacy and safety data:
(a) reference biotherapeutic product (RBP)
means an originator biological drug product that was licensed on the basis of a
full registration dossier. It does not refer to measurement standards such as
international, pharmacopoeial, or national standards or reference standards;
(b) biosimilar biological drugs mean Similar
Biotherapeutic Product (SBP) which is similar in terms of quality, safety and
efficacy to an already licensed reference biotherapeutic product;
(c) similarity means absence of a relevant
difference in the parameter of interest.
(7) No human
biological drug is allowed sale and use until a "Lot Release Certificate"
from the Federal Government Analyst of the National Control Laboratory for
Biologicals,
(8) Pharmaceutical
dossier includes a set of documents submitted by a Person for the registration
of a therapeutic good, containing complete information about--
(a) muster
formula;
(b) all ingredients both active pharmaceutical
ingredients and inactive excipients added with their safety profile data;
(c) complete manufacturing procedure of the
drug, biological or medical device;
(d) quality control steps and procedures at
each level of raw material selection, in-process testing, finished drug
testing, and stability testing;
(e) clinical trial data and published reports
about the safety and efficacy of the drug;
(f) complete details of manufacturing plant
and equipment, quality control laboratories and equipment;
(g) ware-houses capacities and facilities;
details of human resources available and the latest cGMP report shall also be
part of this document set;
(h) any other information required by the
registration board for establishing the safety, efficacy, bioavailability, bioequivalence,
or biosimilarity of the drug.
2. DRUG
includes:—
(a) any
substance or mixture of substances that is manufactured, sold, stored, offered
for sale or represented for internal or external use in the treatment,
mitigation, prevention or diagnosis of diseases, an abnormal physical state, or
the symptoms thereof in human beings or animals or the restoration, correction,
or modification of organic functions in human beings or animals, including
substance used or prepared for use in accordance with the Ayurvedic, Unani,
Homoeopathic, Chinese or biochemic system of treatment except those substances
and in accordance with such conditions as may be prescribed;
(b) abortive
and contraceptive substances, agents and devices, surgical ligatures, sutures,
bandages, absorbent cotton, disinfectants, bacteriophages, adhesive plasters,
gelatin capsules and antiseptic solution;
(c) such
substances intended to be used for the destruction or repulsion of such vermin,
insects, rodents and other organism as cause, carry or transmit disease in
human beings or animals or for disinfection in residential areas or in premises
in which food is manufactured, prepared or kept or stored;
(d) such pesticides as may cause health hazard
to the public;
(e) any
substance mentioned as monograph or as a preparation in the Pakistan
Pharmacopoeia or the Pakistan National Formulary or the International
Pharmacopoeia or the British Pharmacopoeia or the British Pharmaceutical Codex
or the United States Pharmacopoeia or the National Formulary of the United
States, whether alone or in combination with any substance exclusively used in
the Unani, Ayurvedic, Homoeopathic, Chinese or Biochemic system of treatment, and
intended to be used for any of the purposes mentioned in sub-Clauses (a), (b)
and (c); and
(f) any
other substance which the Federal Government may by notification in the official
Gazette, declare to be a drug for the purpose of this Act.
3. MEDICAL
DEVICES include,—
(a) instruments,
medical equipment, implants, disposables and software, used mainly for the
purpose of diagnosis, monitoring and treatment of disease, or
(b) any other
item which the Federal Government may, by notification in the official Gazette,
declare as medical device;
4. MEDICATED
COSMETICS include,—Cosmetics containing drugs and are defined as articles
containing active drug ingredients intended to be rubbed, poured, sprinkled,
or-sprayed on, or introduced into, or otherwise applied to human body or part
thereof for cleansing, beautifying, promoting attractiveness, or altering the
appearance, and articles intended for use as a component of any such articles;
except that such term shall not include soap.
SCHEDULE-II
[See Section 2(xxx)]
PROHIBITIONS
A. Import, manufacture
and sale of therapeutic goods:
(1) No person shall himself or by any other
person on his behalf,—
(a) Export,
import or manufacture for sale or sell,—
(i) any spurious therapeutic good;
(ii) any counterfeit therapeutic good;
(iii) any misbranded therapeutic good;
(iv) any adulterated therapeutic good;
(v) any substandard therapeutic good;
(vi) any therapeutic good after its expiry date;
(vii) any therapeutic good which is not registered
or is not in accordance with conditions of registration as disclosed in the
registration dossier and that has undergone pharmaceutical evaluation;
(viii) any therapeutic good which, by means of any
statement, design or device accompanying it or by any other means, purports or
claims to cure or mitigate any such disease or ailment, or to have any such
other effect, as may be prescribed;
(ix) any drug if it is dangerous to health when
used in the dosage or with the frequency, or for the duration specified,
recommended or suggested in the labeling thereof; or
(x) any therapeutic good in contravention of
any of the provisions of this Act or rules made thereunder;
(b) manufacture for sale any therapeutic good
except under, and in accordance with the condition of a license issued under
this Act;
(c) sell any therapeutic good except under,
and in accordance with the conditions of a license issued under this Act;
(d) import or export any therapeutic good the
import or export of which is prohibited by or under this Act;
(e) import or export any therapeutic good drug
for the import or export of which a license is required, except under, and in
accordance with the conditions of, such license;
(f) supply an incorrect, incomplete or
misleading information, when required to furnish any information under this Act
or the rules;
(g) peddle, hawk or offer for sale any
therapeutic good in a park, or public street or on a highway footpath or public
transport or conveyance;
(h) import, manufacture for sale, or sell any
substance, or mixture of substances, which is not a therapeutic good but is
presented in a form or a manner which is intended or likely to cause the public
to believe it to be a therapeutic good;
(i) sell any therapeutic good without having
warranty in the prescribed form bearing the name and batch number of the
therapeutic good issued--
(i) in the case of a therapeutic good
manufactured in Pakistan, by the manufacturer holding a valid license to
manufacture therapeutic good and permission to manufacture that therapeutic
good or by his authorized agent;
(ii) in the case of an imported drug, by the
manufacture or importer of that therapeutic good or if the therapeutic good is
imported through an indenter by such indenter; and
(iii) apply an incorrect batch number to a
therapeutic good.
(2) Nothing in Paragraph (1) shall apply to the
manufacture of small quantities of any therapeutic good for the purpose of
clinical trial examination, test, analysis or personal use in small quantities.
B. Control
of advertisement:—
No person
shall himself or by any other person on his behalf advertise, except in
accordance with such conditions as may be prescribed,—
(a) any therapeutic good;
(b) any
substance used or prepared for use in accordance with the Ayurvedic, Unani,
Homoeopathic, Chinese or Biochemic system of treatment or any other substance
or mixture of substances as may he prescribed;
(c) any
remedy, treatment or offer of a treatment for any disease.
Explanation.--For the purpose of this entry "Advertise"
means to make any representation by any means whatsoever for the purpose of
promoting directly or indirectly the sale or disposal of therapeutic good, a
substance or a mixture of substances, a remedy or a treatment except the
display of sign boards for a clinic, a dispensary or a hospital or such other
institution offering treatment.
C. Control
of samplings:—
No person
shall distribute or cause to be distributed any therapeutic good as a sample
except in accordance with such conditions as may be prescribed.
D. Control
of printing of labeling:—
No person
shall print any label in respect of any therapeutic good which is required to
be registered under this Act but is not so registered after the date fixed by
the Federal Government under sub-section (6) of Section 7 of Act, or for a
person who does not possess a license under that Act to manufacture that
therapeutic good.
SCHEDULE-III
[See Section
27]
OFFENCE
(1) Whoever himself or by any other person on
his behalf,—
(a) exports,
imports, manufactures for sale or sells any spurious therapeutic good or any therapeutic
good which is not registered;
(b) manufactures
for sale any therapeutic good without a license;
(c) imports
without license any therapeutic good for the import of which a license is
required;
Shall
be punishable with imprisonment for a term which shall not be less than three
years or more than ten years and with fine which may extend to ten lakh rupees:
Provided
that the
(2) Whoever himself or by any other person on
his behalf,--
(a) imports,
manufactures for sale or sells any counterfeit therapeutic good; or
(b) gives to
the purchaser a false warranty in respect of any therapeutic good sold by him
that the therapeutic good does not in any way contravene the provisions of
Schedule II and is not able to prove that, when he gave the warranty, he had
good and sufficient reason to believe the same to be true; or
(c) applies
or permits to be applied to any therapeutic good sold, or stocked or exhibited
for sale, by him, whether the container or a label or in any other manner, a
warranty given in respect of any other therapeutic good; or
(d) imports,
manufactures for sales or sells any therapeutic good under a name other than the
registered name; or
(e) exports,
imports, manufactures for sale or sells any therapeutic good with which any
substance, which should not actually be its component, or has been mixed or
packed it so as to reduce its quality or strength or for which any such
substance has been substituted wholly or in part,
shall be punishable with
imprisonment for a term which may extend to seven years, or with fine which may
extend to five lakh rupees or with both.
(3) Obstruction
of Inspector.--Whoever obstructs an Inspector in the exercise of any power
conferred upon him by or under this Act, or disobeys the lawful authority of
any Inspector, shall be punishable with imprisonment for a term which may
extend to one year, or with fine which may extend to one lakh rupees, or with
both.
(4) Contravention
of rules.--Subject to the provisions of Clauses (1), (2) and (3), whoever
himself or by any other person on his behalf contravenes any of the provisions
of this Act or any rule shall be punishable with imprisonment for a term which
may extend to five years, or with fine which may extend to one lakh rupees, or
with both.
(5) Penalty
for subsequent offence.--Whoever having been convicted of an offence under Clause
(1) of Schedule-Ill is convicted for a subsequent offence under that section
shall be punishable with imprisonment for life or with imprisonment which shall
not be less than five years and with fine which may extend to five hundred
thousand rupees.
(6) Penalty
for violating the prohibitions.--Whoever himself or by any other person on
his behalf violates any prohibitions specified in Schedule-II shall be punished
with imprisonment for a term up to five years and with fine up to five hundred
thousand rupees.
SCHEDULE-IV
[See Section 29]
COGNIZANCE OF
OFFENCES
(1) Subject to the provisions of Schedule-V no
prosecution shall be instituted under this Act except,—
(a) by a
Federal Inspector, where the prosecution is in respect of a contravention of Clause
(h) of Paragraph (1) of heading A of Schedule-II or any of the provisions of
this Act or the rules relating to the import or export of therapeutic goods or
the manufacture for sale, or sale, of a therapeutic good which is not for the
time being registered or for the manufacture for sale of which a license is not
for the time being in force; or
(b) by a Provincial Inspector:
Provided that, where the public
interest so requires, the Federal Inspector may, with the prior permission of
the Registration Board or Licensing Board as the case may be, institute a
prosecution for a contravention of any other provision of this Act and The
Drugs Act, 1976 (XXXI of 1976).
(2) Notwithstanding anything contained in the
Code of Criminal Procedure, 1898 (Act V of 1898):
(a) an
offence punishable under Schedule-III other than an offence mentioned in Clause
(1) of that Schedule shall be non-cognizable, and
(b) no Court
other than a Drug Court established under The Drugs Act, 1976, (XXXI of 1976)
shall try an offence punishable under this Act and Drugs Act, 1976 (XXXI of
1976);
(c) nothing
contained in this Schedule shall be deemed to prevent any person from being
prosecuted under any other law for any act or omission which constitutes an
offence punishable under this Act or The Drugs Act, 1976 (XXXI of 1976) or to
require the transfer to a drug Court of any case which may be pending in any Court
immediately before the establishment of Drug Court.
SCHEDULE-V
[See Section 2(xvi)]
POWERS OF
INSPECTORS
(1)
Subject to the provisions of this Schedule and of any rules made in this
behalf, an Inspector may, within the local limits for which he is appointed,
and in any other area within the permission of the licensing Authority or
Licensing Board as the case may be,—
(a) inspect
any premises where in any therapeutic good is manufactured, the plant and process
of manufacture, the means employed, for standardizing and testing the
therapeutic goods and all relevant records and registers;
(b) inspect
any premises wherein any therapeutic good is sold or is stocked or exhibited
for sale or is distributed, the storage arrangements and all relevant records
and registers;
(c) take
samples of any therapeutic good which is being manufactured, or being sold or
is stocked or exhibited for sale or is being distributed;
(d) enter and
search, with such assistance, if any, as he considers necessary, any building,
vessel or place, in which he has reason to believe that an offence under this
Act or any rules has been or is being committed or may continue to be
committed;
(e) call any
person to be present as witness in the course of search or seizure or in
connection with any other matter where the presence of witnesses is necessary;
(f) seize
such therapeutic good and all materials used in the manufacture thereof and any
other articles, including registers cash memos, invoices and bills, which he
has reason to believe may furnish evidence of the commission of an offence
punishable under this Act or any rules;
(g) require
any person to appear before him at any reasonable time and place to give
statement, assistance or information relating to or in connection with the
investigation of any offence under this Act and the Drugs Act, 1976 (XXXI of
1976) or the rules:
Provided that the exemption under Sections
132 and 133 of the Code of Civil Procedure, 1908 (Act V of 1908), shall be applicable
to requisitions for attendance under this Schedule;
(h) lock and
seal any factory, laboratory, shop, building, store-hose or godown, or a part
thereof, where any therapeutic good is or is being manufactured, stored, sold
or exhibited for sale in contravention of any of the provisions of this Act,
the Drugs Act, 1976 or the rules;
(i) forbid
for a reasonable period, not exceeding four weeks or such further period, which
shall not be more than three months, as the Inspector may, with the approval of
the Provincial Quality Control Board, the Licensing Board, the Registration
Board, as the case may be, specify, any person in charge of any premises from
removing or dispensing of any therapeutic good, article or other thing likely
to be used in evidence of the commission of an offence under this Act or the
rules; and
(j) exercise
such other powers as may be necessary for carrying out the purposes of this Act
or any rules:
Provided that the powers under Paragraph
(f) to (j) shall be exercisable only by an Inspector specifically authorized in
this behalf, by an order in writing, by the Government appointing him, subject
to such conditions as may be specified in such order:
Provided
further that the power under Paragraph (h) may be exercised by an Inspector not
authorized as aforesaid where the contravention is of a provision which
requires a license to be obtained for the manufacture, storage or sale of drug.
(2) The
provisions of the Code of Criminal Procedure, 1898 (Act V of 1898), insofar as
they are not inconsistent with the provisions of this Act and The Drugs Act,
(XXXI of 1976), shall apply to searches and seizures made under this Act.
PROCEDURE FOR
INSPECTORS
(1) Where an Inspector seizes any therapeutic
good or any other article under this Schedule he shall tender a receipt
therefore in the prescribed form.
(2) Where an Inspector takes a sample of a
therapeutic good for the purpose of test or analysis, he shall intimate such
purpose in writing in the prescribed form to the person from whom he takes it
and, in the presence of such person unless he willfully absents himself, shall
divided the sample into four portions and effectively seal and suitable mark
the same and permit such persons to add his own seal, if any, and mark to all
or any of the portions so sealed and marked:
Provided
that, where the sample is taken from premises whereon the drug is being
manufactured, it shall be necessary to divide the sample into three portions
only:
Provided
further that, where the therapeutic good is made up in containers of small
volume, instead of dividing a sample as aforesaid, the Inspector may, and if
the therapeutic good be such that it is likely to deteriorate or be otherwise
damaged by exposure shall, take three or four, as the case may be, of the said
containers after suitably marking the same and, where necessary, sealing them:
Provided also that if the contents of one container
are insufficient for the laboratory test and analysis, the Inspector may
increase the number of the containers in order to make the sample sufficient
for this purpose.
(3) The
Inspector shall return one portion of a sample so divided or one container, as
the case may be, to the person from whom he takes it, and shall retain the
remainder and dispose of the same within seven days as follows, namely,—
(a) one portion of sample he
shall send to the Government Analyst concerned for test and analysis;
(b) the second he shall send to
the Chairman, Provincial Quality Control Board or the Licensing Board or the
Registration Board, as the case may be; and
(c) the third, where taken, he
shall send to the warrantor, if any, named under proviso to sub-section (3) of Section
32 of The Drugs Act, 1976 (XXXI of 1976).
(4) Where an
Inspector seizes any therapeutic good containing any filthy or putrid
substance, vermin, worm, rodent, insect or any foreign matter which is visible
to the naked eye, and the sample is such that it cannot or need not be divided,
he shall effectively seal and suitably mark the same and permit the person from
whom he seizes the therapeutic good to add his own seal, if any, and mark to it
and shall produce the same before the Drug Court, or the Provincial Quality
Control Board, or the Licensing Board or the Registration Board, as the case
may be, before which proceedings are instituted or action is initiated in
respect of the drug.
(5) Where an Inspector takes any action under section
this Schedule,--
(a) he shall as soon as
practicable ascertain whether or not the therapeutic good contravenes any of
the provisions of this Act and, it is ascertained that the drug does not so
contravene, he shall forthwith revoke the order passed under the said section
or, as the case may be, take such action as may be necessary for the return of
the stock seized and payment for the samples taken, under intimation to the
Board concerned;
(b) if he seizes the stock of
the therapeutic good he shall, as soon as may be inform the Board concerned and
take its order as to the custody thereof:
Provided that
where a Federal Inspector is not competent to take action under Schedule-IV, he
shall as soon as may be, report the matter and hand over the stock, if any, to
the Provincial Inspector for further action under this Act or The Drugs Act, 1976.
(6) The
Provincial Inspector on finding any contravention of this Act or the Drugs Act,
1976 (XXXI of 1976) shall, unless the Board otherwise directs, always refer the
case to the Provincial Quality Control Board and seek orders as to the action
to be taken in respect of such contraventions.
(7) The
Federal Inspector on finding any contravention of this Act or the Drugs Act,
1976 (XXXI of 1976) for which he is authorized shall unless otherwise directed,
always refer the case to the Licensing Board or the Registration Board or any
other authority as may be specified for the purpose and seek any further orders
as to the action to be taken in respect of such contravention.
SCHEDULE-VI
[See Section 2(i)]
(1) The
Drugs Act, 1976 (XXXI of 1976).
(2) Rules made under the Drugs Act, 1976 (XXXI
of 1976).
--------------------------
ACT NO. I OF 2013
INVESTIGATION FOR FAIR TRIAL
ACT, 2013
An Act to provide for investigation for collection of
evidence by means of modern techniques and devices to prevent and effectively
deal with scheduled offences and to regulate the powers of the law enforcement
and intelligence agencies and for matters connected therewith or ancillary
thereto
[Gazette of
No. F. 9(21)/2012-Legis.--The following Act of Majlis-e-Shoora (Parliament)
received the assent of the President on
WHEREAS in
order to prevent the law enforcement and intelligence agencies from using their
powers arbitrarily it is necessary regulate the said powers and provide for
their permissible and fair uses in accordance with law and under proper
executive and judicial oversight;
AND WHEREAS
further being mindful that the existing laws neither comprehensively provide
for nor specifically regulate advance and modern investigative techniques such as
covert surveillance and human intelligence, property interference, wire tapping
and communication interception that are used extensively in other jurisdictions
to successfully prevent the offences and as an indispensable aid to the law
enforcement and administration of justice;
AND
WHEREAS in order to neutralize and prevent the threat or any attempt to carry
out scheduled offenses it is necessary that the law enforcement and other
agencies be given certain specific authorizations to obtain evidence in time
and only in accordance with law;
AND WHEREAS
it is also in order to declare the admissibility and use of the material
obtained during lawful investigation under the present law, in judicial
proceedings and all other legal proceedings or processes to ensure fair trial:
It is
hereby enacted as follows: -
1. Short
title, extent and commencement.--(1)
This Act may be called the Investigation for Fair Trial Act, 2013.
(2) It extends to the whole of
(3) It shall come into force at once.
2. Application.—(1) The provisions of this Act shall apply to--
(a) all citizens of
(b) all
persons within
(c) all
transactions or communications originated or concluded within
(2) Any
person liable for investigation under the provisions of this Act for a
scheduled offence committed partly or fully outside
CHAPTER I
DEFINITIONS
3. Definitions.--In this Act, unless there is anything repugnant in the
subject or context,--
(a) 'applicant'
means, Directorate General Inter Services Intelligence, the three Services
Intelligence Agencies, Intelligence Bureau and Police;
(b) 'authorized
officer', means any officer not below the rank of BPS-20 or equivalent who is working
with the applicant and is notified under Section 4 to represent the applicant
when making application or taking up any proceedings under this Act;
(c) 'competent authority' includes the Judge;
(d) 'Court' means the High Court;
(e) 'Designated
Agency or Body' means any one or more Agency or Body designated by the Federal
Government through notification for the purposes of this Act, having capability
for implementing warrant of interception;
(f) 'expert',
means a person qualified or trained or experienced in conducting surveillance
or interception who is nominated by the applicant or the Federal Government as
an expert for analysis of the intercepted materials;
(g) `Intercepted
material' means evidence collected under Section 17 and will refer,--
(i) for
the purposes of `Surveillance' to include,--
(a) data, information or material in any
documented form, whether written, through audio visual device, CCTV, still
photography, observation or any other mode of modem devices or techniques
obtained under this Act; and
(b) documents, papers, pamphlets, booklets; and
(ii) for the purposes of `Interception' to, include-mails,
SMS, IPDR (internet protocol detail record) or CDR (cell detail record) and any
form of computer based or cell phone based communication and voice analysis. It
also includes any means of communication using wired or wireless or IP
(internet protocol) based media or gadgetry;
(h) 'Judge' means a Judge of the High Court;
(i) `Minister’ means the Federal Minister for
Interior;
(j) 'Register'
means the register maintained under subsection (2) of Section 9 by the Judge,
containing the serial number of the file received by the Judge in Chambers
which has been returned to the applicant for safe custody, and the register
shall also contain name, contact, address of the authorized person and the
applicant;
(k) 'Suspect'
means a person in respect of whom there is a suspicion that he may be involved
in any scheduled offence and includes foreigners and groups as well as
organizations;
(l) 'Schedule’ means schedule to this Act;
(m) 'Scheduled
offence' means an offence specified in schedule I;
(n) 'Service
provider' means any person, entity or company related to any equipment,
technology, data, circumstances that given it ability or power or control to
implement the warrants issued under Sections 11 and 21;
(p) 'Warrant'
means warrant of surveillance or interception, and includes warrant issued
under Sections 11 whereby the applicant is allowed by the Judge to collect
evidence through interception, recording through audio or video or any means of
communication or surveillance of movements and actions through minimum
interference in property and privacy of any person including human
intelligence.
CHAPTER-2
APPLICATION FOR WARRANT
4. Notification
of authorized officer.--The applicant
shall, before making an application, first notify an appropriate officer not
below BPS-20or equivalent, duly authorized by him to represent the said
applicant for making an application under this Act.
5. Record
of Suspicious Conduct.--In case where
any official of an applicant has reasons to believe that any person is likely
to be associated with or is beginning to get associated with, any act leading
to a scheduled offence, or is in the process of beginning to plan such an act,
or is indulging in such a conduct or activity that arises suspicion that he is
likely to plan or attempt to commit any scheduled offence and, therefore, it
may be necessary to obtain warrant of surveillance or interception, he shall
prepare a report thereof with supporting.
6. Material
to be placed before the Minister.--An
official of the applicant who has prepared the report under Section 5 shall
present the same through the Head of the Department to the Minister for
permission to make application to the Judge for issuance of the warrant of
surveillance or interception.
7. Action
by the Minister on the material presented to him.--(1) The Minister shall examine the report with
supporting material and through a written order may either decline the
permission sought or grant permission fully or partly.
(2) No
application shall be made to the Judge except with prior written permission of
the Minister.
8. Application for issuance of warrant.--After permission from the Minister, application for
issuance of warrant shall be made by the authorized officer to the Judge,--
(a) preferably in the manner prescribed in
schedule II;
(b) in case,
the nature of warrant requested to be issued requires different description,
then the application shall be made in writing on the letter head of the
applicant justifying the issuance of warrant by mentioning all necessary
details with supporting material alongwith proposed draft for warrant; and
(c) the
application for the issuance of warrant shall be accompanied by,--
(i) a signed statement and affidavit of the
authorized officer that the contents of the report and application are true and
correct to the best of his information, knowledge and belief, and that the
warrant shall be used only and exclusively for preventing or lawfully
investigating a scheduled offence or to collect evidence in respect thereof and
the same shall neither be misused in any manner, nor shall the approval of the
warrant, be abused to interfere or intervene in the privacy of any person; and
(ii) details of all warrants obtained previously
in respect of the person against whom the warrant is sought
CHAPTER 3
ISSUE OF WARRANTS
9. Judge to
issue warrant in Chambers.--(1) The
warrant of surveillance or interception shall be issued by the Judge in
chamber.
(2) The
authorized officer shall personally present the application in chambers of the
concerned Judge who after considering the same shall pass appropriate orders
under Section 11. The file on which the orders shall be passed, shall be
returned to the authorized officer for safe-custody who shall be duty bound to
bring the same on any subsequent related hearings. The Judge shall cause to be
maintained a register as provided for in Section 3(j).
10. Considerations
for issuance of warrant.--(1) The
Judge while passing an order for issuance of warrant shall consider the
following, namely:--
(a) The
issuance of requested warrant will enable the applicant to collect evidence;
and
(b) the
material or statement of the authorized officer whether indicates a reasonable
threat or possibility of an attempt to commit a scheduled offence.
(2) The Judge
while passing an order for the issuance of warrant shall ensure that:--
(a) the
authorized officer is properly authorized to represent the applicant;
(b) the
issuance of warrant shall not unduly interfere in the privacy of any person or
property.
11. Issuance
of warrant of surveillance or interception.--After considering the matters specified in Section 10, the Judge
shall,--
(a) pass an
order allowing the issuance of warrant in the manner prescribed in schedule IV
or as presented before him in a proposed draft form;
(b) pass an
order allowing the issuance of warrant with some modifications;
(c) pass an
order allowing the issuance of warrant, but may make any observations regarding
the manner and method of its implementation;
(d) restrict
requested duration of any existing warrant; and
(e) decline
to issue the warrant, if the Judge has reasons to believe that warrant is being
procured with mala fide intention and
the process under the Act is being abused.
12. Form of
the warrant.--(1) The warrant shall
be issued ordinarily in the manner prescribed in schedule IV:
Provided
that the warrant may also be issued in a manner proposed by the authorized
officer under Section 8(b) with or without modifications by the Judge.
(2) The warrant shall be signed by the Judge
and a seal of the Court shall be affixed.
13. Record of
the orders.--(1) While issuing the
warrant, the Judge shall make a formal order indicating reasons for accepting
the request of the applicant. The original copy of the formal order shall be
given to the applicant for safe custody.
(2) The
formal order and its record shall not be made public and shall be kept in safe
custody.
14. Duration
of warrant of interception.--Warrant
shall be issued for a period of not longer than six days:
Provided
that it may be re-issued after the said period by the Judge upon the request of
the authorized officer of the applicant, if, after examining the gist of the
intelligence and evidence collected by the applicant thus far, he is satisfied
that as a consequence of issuance of warrant, suitable progress is being made
and there is sound justification for re-issuance of warrant for another period
not exceeding sixty days. Thereafter, the same consideration shall apply for
every request for reissue of warrant for further periods not exceeding sixty
days at a time.
15. Sanction
in case of arbitrary request for warrant.--Where the Judge is of the view that any request for the issuance of
warrant is based on insufficient or irrelevant considerations or it has
resulted in undue and inappropriate interference in the privacy of any person
or that the material and information collected or received within the period
mentioned in Section 14 demonstrate that the officer concerned did not apply
himself fully while making an application for the warrant, then he may
recommend departmental action against the officer concerned.
CHAPTER 4
EXECUTION OF WARRANTS
16. Authorization
under the warrant.--(1) The warrant
of surveillance or interception to be issued by the Judge may authorize and
allow the lawful doing of any or all of the following acts, namely--
(a) interception
and recording of telephonic communication of the suspect with any person;
(b) video
recording of any person, persons, premises, event, situation etc;
(c) interception
or recording or obtaining of any electronic transaction including but not
limited to e-mails, SMS etc;
(d) interception
and taking over of any equipment used in the communication in respect of which
the warrant is issued, including but not limited to telephone, cell phone,
mobile sims, electronic database, demonstrating linking of electronic
communication with the database belonging to the persons in respect of whom the
warrant has been issued:
Provided
that the Judge shall authorize take-over of equipment only where the material
or statement of the authorized officer discloses a substantial threat or
possibility or an attempt to commit a scheduled offence;
(e) collection
of evidence through any modern devices in addition to the ones mentioned above;
(f) use of human intelligence;
(g) covert surveillance and property
interference; and
(h) access to
any information or data in any form related to a transaction, communication or
its content.
(2) Any
other form of surveillance or interception that the Federal Government may
notify in this behalf.
17. Method of executing the Warrant.--(1) Where the warrant is issued, the applicant in case
of the warrant of interception, shall approach the designated agency or body, for
serving the same on service provider in the manner provided for in Schedule III
and the designated agency or body shall duly serve the said warrant on the
service provider or give effect to it within seven days.
(2) The
service provider shall not extend technical facilities of interception to any
person or organization other than the Designated Agency or Body.
(3) Where
nature of surveillance or interception is such that it is not necessary to
serve the warrant on anyone, then the same shall not be served and its issuance
alone shall be sufficient basis to collect evidence.
(4) While
executing the warrants each applicant shall act within the mandate provided for
it under the law.
18. Indemnity
for service provider.--Access granted
by the service provider in accordance with this law shall not be called in
question under any law by any person who may have been prejudiced by such
access.
19. Immunity
service provider.--The service
provider shall have immunity in any civil or criminal legal proceedings that
any person may commence against his corporate entity or against his office
bearers or employees, for having complied with the warrant issued under this
Act.
20. Service
provider to cooperate.--In the event
the service provider declines, fails or interferes in any manner in the
execution of warrant then he shall be liable to have committed an offence under
this Act for obstructing investigation and justice and shall be punished with
fine upto ten million rupees.
21. Service
provider to ensure confidentiality.--The
service provider shall also be responsible for ensuring the confidentiality of
the execution of warrant from his staff members except those necessary to
execute the warrant and in case of unauthorized disclosure or misuse of data by
any of his staff member, the officials of the service provider and the
concerned staff shall be punished with imprisonment which may extend to one
year or with fine which may extend to ten million rupees.
CHAPTER 5
ADMISSIBILITY OF MATERIAL OBTAINED UNDER THE WARRANT
22. Registration
of case.--(1) The evidence including
data, information and material collected or received pursuant to the warrant
shall be examined by the officer authorized by the applicant in this behalf and
if he is satisfied that the same discloses elements of commission, harbouring,
abetting or conspiring or attempting to commit any scheduled offence, he may
immediately cause registration of a report (FIR) under Section 154 of the Code
of Criminal Procedure, 1898 (Act V of 1898) and in that event he shall hand
over all the evidence including material, information, and data to the
concerned Investigating Officer so that it forms part of his record for the
purposes of investigation and prosecution:
Provided
that before the evidence is handed over to the Investigating Officer, the
authorized officer shall certify that it has been collected strictly in
accordance with the warrant and has not been tampered with or altered in any
manner whatsoever.
(2) If the evidence which has been collected or
received in respect of scheduled offence is insufficient to justify
registration of a report (FIR) under Section 154 of the Code of Criminal
Procedure, 1898 (Act V of 1898), such evidence including data, information and
material collected or received shall be kept confidential in safe custody and
shall not be used without the permission of the Court.
23. Admissibility
of warrant based information.--(1)
Notwithstanding anything contained in the Qanun-e-Shahadat Order, 1984 (P.O. 10
of 1984) or any other law for the time being in force, the evidence including
data, information, documents or any other material collected or received under
this Act shall be admissible as evidence in the legal proceedings.
(2)
Nothing contained in sub-section (1), shall debar the admissibility of evidence
collected or received, prior to the coming into force or this Act, under the
provisions of any other law for the time being in force.
24. Presumption
of validity of warrant.--The warrant
of surveillance and interception whenever presented in the Trial Court or any
other Court, shall be presumed to have been validly and lawfully issued.
(2) The intercepted material collected or
received pursuant to the warrant of surveillance or interception under this Act
and the material based on which the warrant of surveillance or interception was
applied for by the applicant shall be admissible in evidence.
25. Report of
expert.--In case where an analysis of
the intercepted material collected pursuant to the warrant of surveillance or
interception is required, then the same shall be carried out by a person
referred to in Section 3(f) being suitably qualified, trained or experienced,
who shall be deemed to be an expert as described under Section 510 of the Code
of Criminal Procedure, 1898 (Act V of 1898) and his report shall have the same
effect as given to the report of the experts of different fields mentioned in
the said section.
26. Non-discloser.--Any person performing any function under this Act who
fails to secure complete secrecy of the process or makes any disclosure which
may compromise future capabilities of intelligence gathering shall, in addition
to any other punishment to which he may be liable under applicable law and
rules, be punished with imprisonment of upto five years or with fine of upto
ten million rupees or with both.
CHAPTER 6
REVIEW AND OVERSIGHT
27. Oversight
by Review Committee.--(1) A Review
Committee comprising Ministers of Defence, Interior and Law shall on a six
monthly basis call for reports from all the applicants about the warrants
obtained by them and assess administrative aspects including if the evidence
collected pursuant to the warrants of surveillance or interception has been
helpful in prevention of offences and of aid to prosecution or has been able to
achieve the object and purposes of this Act.
(2) The
Committee, based on the said assessment, may issue appropriate orders or
instructions in respect of working of any applicant for compliance or guidance.
28. Representation.--(1) In case the applicant is not satisfied with the
declining of the request for the issuance of the warrant of surveillance or interception,
it may prefer a representation to the Chief Justice of High Court concerned,
for Constitution of a Division Bench of two Judges for hearing in chambers.
(2) The
Division Bench to whom the representation is entrusted may either set aside the
decision of the Judge and issue the warrant or uphold the view taken by the
judge.
(3)
Nothing in this Act shall bar the applicant to approach the Judge again for
issue of warrant in respect of the same person on basis of fresh grounds or new
material.
29. Complaints
against misuse of warrant.--(1) The
Judge shall also be competent to hear a complaint from any person including the
Designated Agency or Body who claims that the warrant is being misused or that
the applicant is conducting surveillance or interception beyond the scope of
the warrant.
(2) If the
complaint under sub-section (1) after hearing both the parties is proved to be
true the Judge may direct the applicant to transfer the investigation to some
other Investigating Officer and also initiate departmental proceedings against
the officer against home the complaint was filed and report the result of the departmental
proceedings to the Judge within such period as the Judge may deem fit:
Provided
that for sufficient reasons shown the Judge may extend the period for
submission of the report.
(3) A
person aggrieved by decision of a Judge under sub-section (2) may file a
representation to the Chief Justice of High Court concerned within thirty days,
for constitution of a Division Bench for hearing and deciding the
representation in chambers.
30. Powers of
the Judge.--The Judge shall have
powers under the Act to make any charges, modification, extensions, date of
applicability of the warrants already issued etc., only upon the request of the
applicant, who may approach the concerned Judge to further clarify any
ambiguity or to seek advice or request the required changes in view of the
changing or unique circumstances.
CHAPTER 7
MUTUAL LEGAL ASSISTANCE
31. Warrants
to be served outside Pakistan.--(1)
Warrants obtained under the Act shall be executable outside
(2) The
warrant issued under the Act shall be processed for execution outside
32. Warrants
received from outside Pakistan.--Warrants
received from outside
CHAPTER 8
CONFIDENTIALITY OF PROCEEDINGS
33. Confidentiality
of proceedings.--The Judge shall
ensure that during any proceedings under this Act, no disclosure of any source
or information or proceedings is made that may compromise the future capability
of the applicant's intelligence gathering in any manner whatsoever.
34. Prohibition
of misuse of intercepted material.--(1)
The material intercepted pursuant to the warrant of surveillance or
interception shall not be used by any official of the applicant or of the Court
or any other person associated with any function under this Act other than in
accordance with the provisions of this Act.
(2) Any person who violates the provisions of
sub-section (1), shall be punished with imprisonment of upto five years or with
fine upto ten million rupees or with both.
35. Unauthorized
surveillance or interception.--Any
person who carries out any surveillance or interception except in accordance
with the provision of this Act shall in addition to any other punishment to
which he may be liable under any other law for the time being in force be
punished with imprisonment for upto three years and shall also be liable to fine.
CHAPTER 9
MISCELLANEOUS
36. Power to
make rules, issue guidelines and orders.--The Federal Government may, by notification in the Official Gazette,
make rules to carry out the purposes of this Act, and issue guidelines or
orders in pursuance of this Act and the rules made there under.
37. Power to
amend the Schedule.--The Federal
Government may by notification in the Official Gazette amend Schedules II, III
and IV by adding any entry therein, omitting any entry therefrom or modifying
any entry therein.
38. Act to
have effect notwithstanding existing laws.--The provisions of this Act shall have effect, notwithstanding anything
contained in any other law for the time being in force including the Code of
Criminal Procedure, 1898 (Act V of 1898) and Qanun-e-Shahadat, 1984 (P.O. 10 of
1984).
39. Removal
of difficulty.--If any difficulty
arises in giving effect to any provision of this Act, for a period of one year
from its coming into force the Federal Government may, by Order not
inconsistent with the provisions of the Act, remove the difficulty.
SCHEDULE I
[See Section 3(1)]
1. The
Private Military Organizations Abolition and Prohibition Act, 1974, (IV of
1974) to the extent of terrorist activities;
2. Offences
under the Prevention of Anti-National Activities Act, 1974 (VII of 1974) to the
extent of terrorist activities;
3. Offences
under the Anti-Terrorism Act, 1997 (XXVII of 1997);
4. Offences
under the Pakistan Nuclear Regulatory Authority Ordinance, 2001 (III of 2001)
to the extent of terrorist activities;
5. Offences
under the National Command Authority Act, 2010 (V of 2010) to the extent of
Anti-Terrorism Act, 1997 (XXVII of 1997) only.
SCHEDULE II
[See Section 8]
Application
for issuances of warrant of surveillance or interception:
To,
_____________________
Sir,
The
applicant makes a request to this Court that it may consider appropriate to
allow to be collected and later produced (in case of prosecution) evidence
including material, data, information, electronic transactions etc. that may
become available because of modern devices or techniques, by allowing the
issuance of warrant of surveillance and interception under Sections 9 to 12 of
Investigation for Fair Trial Act, 2012 and submits the following particulars:
Name
of applicant-----------------------------------------------------
Address------------------------------------------------------------------
Name of officer authorized under Section
4 of the Act -------
(enclose copy of authorization)
Rank
/ grade -----------------------------------------------------------
Contact
address of officer ------------------------------------------
Date of order by applicant's concerned authority---------------
(enclose copy)
Name
or particulars or address of suspect or that of premises or both (to the extent
necessary to identify the suspect:
----------------------------------------------------------------------------
----------------------------------------------------------------------------
Nature
of evidence to be collected through surveillance or interception requested
under warrant;
(For
example, recording of cell phone, interception of sms or e-mails, human
intelligence, property interference collection of material, data, video making,
concealed camera, recording equipment etc.)
----------------------------------------------------------------------------
----------------------------------------------------------------------------
----------------------------------------------------------------------------
----------------------------------------------------------------------------
Supporting
material and Statement of belief about suspect’s likely involvement in crime
[accompanied by affidavit as per Section 8(c)(i) 1].
----------------------------------------------------------------------------
----------------------------------------------------------------------------
Signature
of authorized officer-------------------------------------
Seal
of the authorized officer---------------------------------------
Attested
copy to be forwarded to Designated Agency or Body for Interception of:--
(1)
(2)
(3)
(4)
SCHEDULE III
[See
Section 17]
Summary of warrant under Section 17 of `the Investigation
for
Fair Trial Act 2012'
It
is affirmed that warrant of interception pursuant to Sections 9 to 12 of 'the
Investigation for Fair Trial Act, 2012’ is issued on ------------------ day of
--------------- and attested copy of the same has been received and is retained
in our record.
It
is further affirmed that the said warrant authorizes the lawful interception of--
1.
2.
3.
4.
To:
(Service Provider)
Please
ensure compliance.
Designated
Agency or Body [under Section 3(e) of the Act].
Through
Official ------------------------------------------------------
Address
-----------------------------------------------------------------
Contact
------------------------------------------------------------------
Signature of Head of Designated Agency or Body
Official seal of Designated Agency or Body with date
SCHEDULE IV
[See
Section 11]
PART I
(to be filled by the applicant)
1.
This warrant of surveillance or interception is issued under Sections 9 to 12
of `the Investigation for Fair Trial Act, 2012', to enable the applicant to
collect evidence through surveillance or interception of: (Provide briefly
nature of evidence being allowed to be collected by the concerned Court under
the present warrant).
--------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------
For an initial period of days starting with effect from ----------
(Date if request made in retrospect).
2. Where applicable, the warrant allowed to be served
on;
Mr./Entity / --------------------------------
-----------------------------------------------
to
extend fullest cooperation to the holder or application of the warrant and
facilitate in its execution technically and logistically and through any other
appropriate means and also ensure full confidentiality of implementing of the
warrants and not to misuse evidence so collected.
PART II
(For official use only)
After examining the request of the applicant, the Court
is satisfied that requirements prescribed under the Investigation for Fair
Trial Act, 2012 for the issuance of the warrants have been fulfilled and
accordingly, the warrant is allowed to be issued in terms expressed above.
Signed
Judge
Seal of Court
------------------------
ACT NO. XIX OF 2013
NATIONAL COUNTER TERRORISM
AUTHORITY ACT, 2013
An Act to establish National Counter Terrorism
Authority in
[Gazette of
No. F. 9(12)/2013-Legis.--The following Act of Majlis-e-Shoora (Parliament)
received the assent of the President on 22tnd March, 2013, is hereby published
for general information:--
WHEREAS,
the menace of terrorism and extremism is becoming an existential threat to the
state and needs to be responded to and addressed comprehensively;
AND
WHEREAS, in order to eliminate this me, a focal institution to unify state
response by planning, combining, co-ordinating and implementing Government's
policy through an exhaustive strategic planning and necessary ancillary
mechanism is needed;
It is
hereby enacted as follows:
PRELIMINARY
1. Short title, extent and commencement.--(1) This Act may be called the National Counter
Terrorism Authority Act, 2013.
(2) It extends to the whole of
(3) It shall come into force at once.
2. Definitions.--In this Act, unless there is anything repugnant in the
subject or context,--
(a) "Authority"
means the National Counter Terrorism Authority
(b) "Board"
means the Board of Governors constituted under sections;
(c) "Chairman"
means the Chairman of the Board of Governors;
(d) "Executive
Committee means a Committee constituted under Section 8;
(e) "National
Coordinator" means the National Coordinator of the Authority;
(f) "Deputy
National Coordinator" means the Deputy National Coordinator of the
Authority;
(g) "rules"
means rules made under the Act;
(h) "regulations"
means regulations made under this Act; and
(i) "prescribed”
means prescribed by rules or, as the case may be, regulations.
3. Establishment of the Authority.--(1) As soon as may be, but not later than ninety days
after the promulgation of this Act, the Federal Government shall, by
notification in the official gazette, establish an Authority to be known as the
National Counter Terrorism Authority Pakistan for carrying out the purposes of
this Act.
(2) The
Authority shall be an independent body answerable directly to the Prime
Minister.
(3) The
Authority shall be a body corporate having perpetual succession and a common
seal with powers, subject to the provision of this Act, to acquire and hold
property, movable and immovable, and to sue and be sued by its name. The
Authority shall have administrative and financial powers to carry out the
functions of the Authority.
(4) The
headquarters of the Authority shall be at
4. Functions of the Authority.--The Authority shall have the following functions,
namely--
(a) to
receive and collate data or information or intelligence, and disseminate and co-ordinate
between all relevant stakeholders to formulate threat assessments with
periodical reviews to be presented to the Federal Government for making
adequate and timely efforts to counter terrorism and extremism;
(b) to co-ordinate
and prepare comprehensive National counter terrorism and counter extremism
strategies, and review them on periodical basis;
(c) to
develop action plans against terrorism and extremism and report to the Federal
Government about implementation of these plans, on periodical basis;
(d) to carry
out research on topics relevant to terrorism and extremism and to prepare and
circulate documents;
(e) to carry
out liaison with international entities for facilitating cooperation in areas
relating to terrorism and extremism;
(f) to
review relevant laws and suggest amendments to the Federal Government; and
(g) to
appoint committees of experts from Government and nonGovernment organizations
for deliberations in areas related to the mandate and functions of the
Authority.
5. Board of
Governors.--(1) The Authority shall
have a Board of Governors comprising:--
|
(a) Prime Minister |
Chairman |
|
(b) Minister for Interior |
Member |
|
(c) Chief Ministers of Provinces |
Member |
|
(d) Chief Minister of Gilgit Baltistan |
Member |
|
(e) Minister for Law and Justice |
Member |
|
(f) Minister for Finance |
Member |
|
(g) Minister for Defence |
Member |
|
(h) Prime
Minister of Azad Jammu and Kashmir |
Member |
|
(i) One
Senator (to be recommended by Chairman Senate) |
Member |
|
(j) One
MNA (to be recommended by Speaker National Assembly) |
Member |
|
(k) Secretary,
Ministry of Interior |
Member |
|
(l) DG
Inter Services Intelligence |
Member |
|
(m) DG
Intelligence Bureau |
Member |
|
(n) DG
Military Intelligence |
Member |
|
(o) National
Coordinator |
Member |
|
(p) Chief
Secretaries of the Provinces, Gilgit Baltistan and Azad Jammu and Kashmir |
Member |
|
(q) DG
Federal Investigation Agency |
Member, and |
|
(r) Inspector
General of Police of Provinces, Azad Jammu and Kashmir and Gilgit Baltistan |
Members |
(2) The
National Coordinator shall act as the Secretary to the Board.
(3) The Board may invite any person to the
meeting on special invitation.
6. Procedure of the meeting of the Board.--(1) The Prime Minister Azad Jammu had Kashmir or the
Chief Ministers shall attend the meeting themselves, however, it case of
un-avoidable circumstances, may nominate a member of their cabinet to attend
the meeting of the Board to represent them.
(2) The
Federal Ministers shall attend the meeting themselves, however, in case of
un-avoidable circumstances, the Secretary of their Ministry shall attend the
meeting.
(3) The
quorum to hold a meeting shall be fifty per cent of the total membership:
Provided
that notwithstanding anything contained in sub-Clause (6), the presence of
heads of various intelligence agencies who are members of the Board shall be
mandatory in every meeting of the Board while taking decision on any policy
matter.
(4) The
Board may meet as and when required but it shall meet at least once in each
quarter of a year.
(5) No act
or proceedings of the Board shall be invalid by reasons only of the existence
of a vacancy in, or defect in the constitution of the Board.
7. Powers and functions of the Board.--(1) The powers and functions of the Board shall
include, but would not be limited to, the following namely:
(a) the Board
shall exercise all the powers and functions of the Authority;
(b) to
provide strategic vision and oversee activities of the Authority;
(c) to
recommend rules and approve policies and manuals in order to carry out the
purposes of this Act; and
(d) to approve the annual budget prepared by the
Authority.
8. Executive
Committee.--(1) The Board shall be
assisted by an Executive Committee comprising of the following, namely:-
|
(a) Minister
of Interior |
Chairman |
|
(b) Secretary,
Ministry of Interior |
Member |
|
(c) Secretary,
Ministry of Finance |
Member |
|
(d) Secretary
Ministry of Law and Justice |
Member |
|
(e) Secretary,
Ministry of Foreign Affairs |
Member |
|
(f) Secretary,
Ministry of Defence |
Member |
|
(g) National
Coordinator |
Member |
|
(h) Additional
Chief Secretary (FATA) |
Member |
|
(i) Chief
Secretaries of Provinces, Gilgit Baltistan and Azad Jammu & |
Members |
|
(j) Secretaries
Home Department of the Provinces, Gilgit Baltistan and Azad Jammu and |
Members |
|
(k) Additional
Inspector General Incharge of Counter-Terrorism Departments of the Provinces,
Gilgit-Baltistan and Azad Jammu and |
Members |
(2) The National Coordinator shall also act as
Secretary of the Executive Committee.
(3) The
quorum to hold meeting of the Executive Committee shall be fifty per cent of
the total membership.
(4) The Executive Committee may co-opt any other
relevant person to the Executive Committee.
(5) The Executive Committee shall ensure
effective implementation of the decisions of the Board.
(6) The Executive Committee shall perform such
other functions as are assigned to it by the Board.
9. National
Coordinator.--(1) There shall be a
National Coordinator of the Authority to be appointed by the Federal Government
for tenure of three years.
(2) The
National Coordinator shall be a professional of known integrity and competence
in BPS-22 or equivalent and may be appointed in rotation form bureaucracy or
Police Service of Pakistan.
(3) The
National Coordinator shall have the following powers, namely:-
(a) to
execute the policies and plans approved by the Board and Instructions issued by
the Federal Government;
(b) to
prescribe terms and conditions of the employees and grant additional allowances
or any other incentives;
(c) to have
full financial and administrative powers for effective administration of the
Authority, as approved by the Board;
(d) to engage
any person or entity on contract basis to carry out assignments for the
consultancy in accordance with acclaimed best practices;
(e) to
establish administrative structures at the field level for efficient
implementation and accessibility of the Authority;
(f) to
submit quarterly progress reports to the Board on the financial and functional
aspects of the Authority;
(g) to
perform such other functions as may be delegated by the Board;
(h) to
undertake any other assignments given by the Board in the respective fields;
and
(i) produce
periodical journals relating to counter terrorism and counter extremism issues.
10. Deputy National Coordinator.--(1) There shall be a Deputy National Coordinator of
the Authority to be appointed by the Federal Government for a tenure of three
years.
(2) The
Deputy National Coordinator shall be an eminent professional of known integrity
and competence in BPS-21or equivalent and may be appointed in rotation from
bureaucracy or Police Service of Pakistan.
(3) The
National Coordinator may delegate any of his powers under sub-section (1) of Section
9 to the Deputy National Coordinator with the approval of the Board subject to
such conditions and limitations as may be specified in this behalf by the
board.
11. Appointment of officers, staff etc., by the
Authority.--(1) The Authority may
from time to time appoint, either through direct recruitment or through
deputation such officials, experts or consultants as it may consider necessary
for the performance of functions in the prescribed manner.
(2) The
Authority shall prescribe service regulations, with the approval of the Board
for the appointment, promotion and transfer of officers, staff, experts and
consultants, their terms and conditions of service including additional
financial incentives such as special salaries, allowances, pension or gratuity
etc., constitution and management of pension and gratuity and shall be
competent to take disciplinary action against them.
(3) All
appointments of officers and staff etc. shall be made with the approval of the
Board and their security clearance shall be carried out by Directorate General
ISI.
12. Appointment
of officers, staff etc., in cases of special requirement.--Subject to the provisions of this Act, the National
Coordinator may, in case of urgency, appoint officers staff, experts and
consultants on prescribed terms and conditions, provided that every such
appointment shall be laid before the Board in the next meeting.
13. Delegation of powers.--The National Coordinator may by special order delegate
his powers and functions to the Deputy National Coordinator or any other senior
officer of the Authority:
Provided
that the National Coordinator may delegate his powers and functions under this
provision sparingly and not as a rule.
14. Fund.—(1)
There shall be established a fund to be known as NACTA Research and Development
Fund.
(2) The Fund shall consist of,--
(a) funds or
budget amount received from the Federal Government;
(b) grants
made by the international bodies, organizations and entities, in accordance
with procedures laid down by the Federal Government;
(c) such other sums as may be received by the
Authority.
(3) The
Fund shall be administered by the National Coordinator in such manner as
prescribed.
(4) The Authority may receive international assistance
in the field of counter terrorism and counter extremism under the prescribed
manner.
15. Budget for the
Authority.--(1) The
National Coordinator shall, in respect of each financial year in accordance
with the financial procedures approved by the Board, prepare the annual budget
estimates of the Authority and submit the same to the Federal Government after
the approval of the Board.
(2) The National Coordinator shall have full powers to
incur expenditures and re-appropriate funds as per system of financial control and
budgeting of the Federal Government with the approval of the Board.
16. Maintenance of
accounts and internal control.--The Authority shall maintain complete and accurate books of
accounts in connection with the discharge of its responsibilities as may be
prescribed by the Auditor-General of
17. Audit.--(1) The accounts of the Authority
shall be audited every year by the Auditor-General of
(2) The Authority shall appoint its own financial
advisor to regulate the financial matters and for internal audit.
18. Annual Report.—The Authority shall compile and
submit an annual-report on its activities and accounts to the Board.
19. Assistance and
provision of information.--(1) The Federal Government and Provincial. Governments and their
Departments shall assist the Authority in carrying out its functions, subject
to applicable laws.
(2) All Federal Ministries and Provincial
Departments including Corporations bodies, set ups, controlled or administered
by or under the authority of Federal or Provincial Governments shall provide
information and data required for carrying out the purposes of this Act,
subject to applicable laws.
20. lndenmity.--No prosecution, suit or other legal
proceedings shall lie against the Authority or its officers and consultants for
anything done in good faith for carrying out the purposes of this Act or rules
and regulations made thereunder.
21. Power of the Federal Government to issue
directives.--The Federal Government
may, as and when it considers necessary, issue directives to the Authority on
matters of policy and such directives shall be binding on the Authority,
Federal, Provincial and Local Governments and if a question arises whether any
matter is a matter of policy or not, the decision of the Federal Government
thereon shall be final.
22. Power to make rules and regulations.--(1) The Federal Government may, on the recommendation
of the Board, make rules for carrying out the purposes of this Act.
(2) The
National Coordinator may make regulations for the following purposes, namely:-
(a) effective and smooth functioning of the
Authority;
(b) internal working of the Authority;
(c) terms and
conditions of the employees and grant of additional allowances or any other
incentives.
23. Provisions of this Act.--The provisions of this Act shall be in addition to and
not in derogation to any other law for the time being enforced.
24. Employees deemed to be Public Servants.--The employees of the Authority shall be deemed to be
Public Servants within the meaning of Section 21 of the Pakistan Penal Code
(Act XLV 1860).
-----------------------
ACT NO. XIII OF 2013
ANTI-TERRORISM (AMENDMENT)
ACT, 2013
An Act further to amend the Anti-Terrorism Act, 1997
[Gazette of
No. F. 9(5)/2013-Legis.--The following Act of Majlis-e-Shoora (Parliament)
received the assent of the President on
WHEREAS it
is expedient further to amend thee Anti-Terrorism Act, 1997 (XXVII of 1997) for
the purposes hereinafter appearing;
It is
hereby enacted as follows:-
1. Short title extent and commencement.--(1)This Act may be called the Anti-Terrorism
(Amendment) Act, 2013.
(2) It shall come into force at once.
2. Amendment
of Section 2, Act XXVII of 1997.--In
the AntiTerrorism Act, 1997 (XXVII of 1997) hereinafter referred to as, the said
Act, in Section 2,--
(a) after Clause
(o), the following new Clause shall be inserted, namely:-
"(oa) "money'' includes coins or notes in any
currency, postal orders, money orders, bank credits, bank accounts, letter of
credit, travelers cheques, bank cheques, bankers draft, in any form,
electronic, digital or otherwise and such other kinds of monetary instruments
or documents as the Federal Government may by order specify;";
(b) in Clause
(p); the words "acting under a distinctive name" shall be omitted;
(c) after Clause
(p), amended as aforesaid, the following new Clause shall be inserted, namely:--
"(pa) "property" means property of every
description, whether corporeal or incorporeal, movable or immovable, tangible
or intangible and includes share, securities, bonds and deeds and instruments
evidencing title to or an interest in, property of any kind and money:";
and
(d) in Clause (aa),--
(i) in Paragraph (i), in sub-Paragraph (a),
for the words "a prescribed organization" the words "an
organization concerned in terrorism or a terrorist” shall be substituted;
(ii) in
Paragraph (ii),--
(a) in sub-Paragraph (a), after semicolon the
word "and'' shall be added;
(b) in sub-Paragraph (b) for commas, words and
semicolon the phrase and includes assets of any kind, whether tangible or
intangible movable or immovable, and legal documents or instruments in any form
whether written, electronic or digital, and shares, securities, bonds, drafts
and letters of credit; and” a semicolon shall be substituted; and
(c) sub-Paragraph (c) shall be omitted.
3. Amendment
of Section 6, Act XXVII of 1,997.--In
the said Act in Section 6,--
(a) in
sub-section (1) in Clause (b), after the word "sect" the words ''or a
foreign Government or population or an international organization” shall be
inserted;
(b) after
sub-section (3), the following new sub-section shall be inserted, namely:--
"(3A)
Notwithstanding anything contained in sub-section (1), an action in violation
of a convention specified in the Fifth Schedule shall be an act of terrorism
under this Act;"; and
(c) in
sub-section (7), in Clauses (a) and (b), for the words "a person" the
words "an individual'' shall be substituted and after the word
"preparation" the words and commas, ''facilitation funding"
shall be inserted.
4. Amendment
of Section 11A, Act XXVII of 1997.--In
the said Act, in Section 11-A,--
(a) the
existing provision shall be numbered as sub-section (1) thereof; and
(b) in
sub-section (1), numbered as aforesaid, in Clause (a), after the word
"commits'' the comma and word "facilitates'' shall be inserted; and
(c) after
sub-section (1), numbered and amended as aforesaid, the following new
sub-section shall be added, namely:-
"(2)
An organization shall fall within the meaning of sub-section (1) if it--
(a) is owned or controlled, directly or
indirectly, by a terrorist or an organization referred in sub-section (1); or
(b) acts on behalf of, or at the direction of,
a terrorist or an organization referred in sub-section (1).".
5. Amendment of Section 11E, Act XXVII of 1997.--In the said Act, in Section 11-E, in sub-section (1),
for Clause (b), the following shall be substituted, namely:-
"(b) its
money or other property, if any, shall be frozen or seized.".
6. Amendment of Section 11-F, Act XXVII of 1997.--In the said Act, in Section 11-F, in sub-section (5), for
the word "funds" the words, ''money or other property" shall be
substituted.
7. Amendment of Section 11H, Act XXVII of 1997.--In the said Act in Section 11-H, after the word
"terrorism", wherever occurring, the words “or by a terrorist or
organization concerned in terrorism" shall be inserted .
8. Amendment of Section 110, Act XXVII of 1997.—In the said Act, for Section 110 the following shall
be substituted, namely:--
"110.
Seizure, freeze and detention.--(1) The Federal Government or a Provincial
Government may, from time to time, designate an officer of the Government, by
notification in the official Gazette, or direct any other person to freeze
seize or detain any money or other property for a period of fifteen days. if
there are reasonable grounds to believe that--
(a) it is a terrorist property; or
(b) it is
property of a person included in the Fourth Schedule.
(2) The refusal to effect freeze or seizure under this
section without just cause shall be an offence under this Act and shall be
liable on conviction to imprisonment of upto five years or fine upto five
hundred thousand rupees, or both.
(3) If a legal person commits an offence under
sub-section (4), it shall be liable to a fine of upto five million rupees and
every director, officer or employee of such entity found guilty under
sub-section (4) shall be punished in terms thereof.
(4) The officer or person effecting freeze or seizure
shall, within forty eight hours or the freeze or seizure, issue notice thereof
to all persons concerned with the money or other property frozen or seized and
cause publication of such notice in one English newspaper and one Urdu
newspaper having wide circulation in the area.
(5) No prosecution, suit or other proceedings shall
lie against the Government, or the officer or the person referred to in
sub-section (1) for anything done or intended to be done in good faith to
effect freeze or seizure under t his section.
(6) The provisions of sub-sections (1) to (5) shall mutatis mutandis apply to a request
received by the Federal Government from a foreign Government to freeze, seize
or detain a terrorist property or property of a person included in the Fourth
Schedule.''.
9. Amendment
of Section 11-P, Act XXVII of 1997.--In
the said Act, in Section 11-P,--
(a) in sub-section (1),--
(i) for the words "An authorized
officer" the phrase "The officer or person referred to under
sub-section (1) of Section 110" shall be substituted; and
(ii) for the word “cash” the words "money
or other property frozen or" shall be substituted; and
(b) in sub-section (2),--
(i) in Clause (a), for the word "cash''
the words ''money or other property” shall be substituted; and
(ii) in Clause (c), for the words "cash
was" the words "money or other property was frozen or" shall be
substituted.
10. Amendment
of Section 11-R, Act XXVII of 1997.--In
the said Act, in Section 11-R,--
(a) the word
''cash" wherever occurring, the words "money or other property"
shall be substituted; and
(b) in sub-section
(1), for the words "An authorized officer" the words "The
officer or person referred to under sub-section (1) of Section 110" shall
be substituted.
11. Amendment
of Section 11-S, Act XXVII of 1997.--In
the said Act, in Section 11-S,--
(a) in the marginal
note, the words, figure and letter “under Section 11-R” shall be omitted; and
(b) in
sub-section (1), after the word "under'' the words figure and letter Section
11-Q or" shall be inserted.
12. Amendment of Section 11-T, Act XXVII of 1997.--In the said Act, in Section 11-T,--
(a) in the
marginal note, for the word "Cash" the word "money or other
property" shall be substituted:
(b) in sub-section (1),--
(i) for the word "cash'' the words
"money or other property" shall be substituted; and
(ii) for the word ''the", occurring for the
first time, the words and commas "any addition, return," shall be
substituted.
(c) after
sub-section (2), the following new sub-section shall be added namely:-
“(3)
The Federal Government may, by rules made under this Act, prescribe the manner
of administration of the fund and management or disposal of the money or
property forfeited under this Act.".
13. Amendment of Section 34, Act XXVII of 1997.--In the said Act, in Section 34, for the word
"and" a comma shall be substituted and after the word “Third'' the
words "and Fifth" shall be inserted.
14. Insertion of Fifth Schedule, Act XXVII of 1997. In the said Act, after the Fourth Schedule the
following new schedule shall be added. namely:--
''THE FIFTH SCHEDULE;
[See Section
6(3A)]
(a) Convention
for the Suppression of Unlawful Seizure of Aircraft done at
(b) Convention
for the Suppression of unlawful Acts against the Safely Convention on the
Prevention and Punishment of Crimes against Internationally Protected Persons,
including Diplomatic Agents adopted by the General Assembly of the United
Nations on the14th December, 1973;
(c) Convention
on the Prevention and Punishment of Crimes against Internationally Protected
Persons, including diplomatic Agents adopted by the General Assembly of the
United Nations on the 14th December, 1973;
(d) International
Convention against the Taking of Hostages, adopted by the General Assembly of
the United Nations on the 17th December, 1979;
(e) Protocol
for the Suppression of Unlawful Acts of Violence at Airports Serving
International Civil Aviation, Supplementary to the Convention for the
suppression of Unlawful Acts against the Safety of Civil Aviation, done at
(f) Convention
for the suppression of Unlawful Act against the Safety of Maritime Navigation,
done at
(g) Protocol
for the Suppression of Unlawful Acts against the Safety of Fixed Platforms
located on the Continental Shelf, done at
(h) International
Convention for the Suppression of Terrorist Bombings adopted by the General
Assembly of the United Nations at New York on the 15th December, 1997; and
(i) Such
other convention as may be specified by the Federal Government by notification
in the official Gazette".
-----------------