Thursday, November 12, 2009

NCA bill tabled in National Assembly
Azra Fazal Pechuho, chairperson of the National Assembly's Standing Committee on Defence, on Wednesday tabled a bill in the National Assembly for the constitution and establishment of a National Command Authority (NCA). The National Command Authority Act 2009 is aimed at complete command and authority over the research, development, production and use of nuclear and space technologies and other related applications in various fields and to provide for the safety and security of all personnel, facilities, information, installations or strategic organisations.

The proposed bill provides a comprehensive legal basis for the functions and powers of the NCA and persons working under it and other related matters. The proposed law re-demonstrates the country's resolve to continue to exercise complete control and security and safe measures over all matters relating to nuclear and space technologies, nuclear establishments, nuclear systems, nuclear materials, relevant personnel and related information.

The proposed bill is also in line with Pakistan's obligations under international law, particularly United Nations Security Council (UNSC) Resolution 1540. "In recognition of the highly sensitive and classified areas of work falling within the domain of the NCA, it is necessary in the national interest, to confer certain special powers to the authority in order to exercise proper control over employees, materials, and information and take proper, comprehensive, strict measures to prevent any breach of national security or any action to the prejudice to the interests of Pakistan," reads the statement of objectives and reasons of the proposed bill.

After thorough deliberations, the NA Standing Committee on Defence recommended some amendments which included the addition of a new sub-clause in the bill which states that "anything done, actions taken, orders passed, instruments made, notifications issued, agreements made, proceedings initiated, processes or communications issued, powers conferred, assumed or exercised, by the authority or its officers on 12th April, 2008 and before the commencement of this act shall be deemed to have been validly done, made, issued, taken, initiated, conferred, assumed, and exercised and the provisions of this act shall have, and shall be deemed always to have had effect accordingly".

The committee also substituted the clause 14 of the bill which reads that the "Industrial Relations Ordinance 2002 not to apply to employees of authority" with "Industrial Relations Act, 2008 not to apply to employees of authority". The standing committee also recommended that a sessions judge, notified by the federal government, shall have the jurisdiction to try offences under this act instead of a district and sessions judge.

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