REcrsrEREDNo.
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EXTRAORDINARY
PUBLISHED BY AI.ITHORITY
TSLAMABAD, MONIDAY, APRrL 2902024
PART II
Statutory Notifications (S. R. O.)
GOVERNMENT OF PAKISTA}'I
MIMSTRY OF INFORMATION TECHNOLOGY AI\D
TELECOMMTII\ICATION
NOTIFICATION
Islamabad, the 24th APril, 2024
s.R O. 626ryn024._.lnexercise of the powers conferred by section 51
(XL of the
read with section 29 of thePrevention of Electronic Crime AcU20l6
rules, namely:-
io,rcy,the Federal Government is pleased to make the following
l.Shorttitleandcommencement{l)Theserulesshallbecalled
and
the National Cyber &;" Investigation Agency (Establishmen! Powers
Functions) Rules, 2024.
(2\ These rules shall come into force at once'
in
Z. Definitions.-In these rules, unless there is anything repugnant
the subject or context,-
(a) "Act" means the Prevention of Electronic Crime Act' 2016
(XL of the 2016); and
(1343)
Prtce: Rs.6.00
U7O4 Q024)lEx- Gaz.f
13.44 THE GAZETTE OF PAKTSTAN , EXTRA., APRIL 29,2024 il
(b) 'National Cyber Crime Investigation Agency/ or .NCC[A,,
means an investigation agency established under section2g of
the Act.
: 3. Establishment of rnvestigation Agency.{l) Therd shafl hereby
stand established the National cyber ciime Investigation ig*.y (NCCIA);
exercise jurisdietion under the Act and the Federal tnvestigation Agency (FIA)
shall cease to perform functions as designatedinvestigation agency undei the Act .
(2) AII personnel, cases, inquiries, investigations, assets, Iiabilities,
rights, obligations, privileges and matters related thereto or connected therewith
subsisting immediately before commencement of these rules in respect of the
defunct cyber crime wing of the FIA shall stand nansferred to the NCCLA.
4- structure of the investigation agency.{l) The NCCIA shall
consist of a Director General, Additional Directori Generai birectors, Additional
Directors, Deputy Directors, Assistant Directors and such other officers as the
Director General may determine.
(2) The appointment and other terms and conditions of service o'f
officers and staff of the NCCIA including appoinffnent on deputafion or
secondment shall, unless detennined otherwise by the Federal Govirnmeng be
regulated under the civil servants Ac\ 1973 (LxxI of 1973) and rules mads
thereunder.
(3) The Director General shall L" appointed by the Federal
Government for a term of two years extendable on performance for a similar
term or terms.
(4) No person shall be appointed as Director General ,,nless he-
(a) is or has been in the service of Pakisan on a post not below
basic pay scale 2l or equivaleng
(b) is not more than sixty-three years of age at the time of
appointment;
(c) is a citizen of Pakistan;
(d) has by a competent court of law not been convicted for an
offence involving moral turpitude; and
(e) possesses not less than fifteen years of experience in the field
of computer science, digital forensics, cyber technolory,
law, public administration, informatiln technolofr,
Penr III THE GAZETTEOF PAKISTAN, EXTRA., APRIL 29,2024 1345
telecommunication or related fields enabling him to deal with
offences under the Act.
(5) The Director General shall cease to hold office on attaining the age
of sixty-five years or completion of his term, whichever is earlier.
(6) The person on his appoinfnent as Director General shall be entitled
to the pay, allowances, perks and privileges-
(a) as are admissible to him if he is a serving civil servant of the
Federal Government in addition to the deputation allowance
and such other allowances admissible to officers of the
NCCIA; or
(b) as were admissibleto him immediately before ceasing to be a
civil servant in civil servant on depurLtion or
case he is not a
secondmentto NCCIA.
O Till appointnent of persons in the service of the NCCIA on regurar
basis or otherwise, the existing officers and staff members of the defunct cyber
crime wing of the FIA performin$ functions under the Prevention of Electronic
crimes investigation Rules, 2ol8 or under any bther instrument before
commeRcement of these rules shall continue to perform their functions for a
period of one year on the terms and conditions of their service applicable to them
on commencement of these rules and theii service shall be counted ,N on
deputationto theNCCIA
5. Administration of the NCcrA.-{t) The administration and
control of the NCCIA shall vest in the Director General who shall exercise in
respect of the NCCIA the powers of arr Inspector General of Police under the
Police Order, 2AA2 (Chief Executive's Order"No. 22 of 2002).
' (2) In particular and without prejudice to the powers of the Director
General under sub-rule (1), the business of the Federal Government in respect of
affairs of the NCCIA shall stand allocated to the Interior Division.
6. rnternational cooperation.-The NCCIA shall be a designated
agency for the purpose of section 42 of the Act in respect of internationat
cooperation.
7. Conduct and Discipline.-Subject to the provisions of sub-rule (2)
of rule 4, for the purposes of conduct and discipline of the personnel of NCCIA
upto the rank of an inspector, the Police order, 2ooz (chief Executive's order
22 of 2A22) shall apply mutatis-matandis.
II
. E. : Residqaty'provisions.--S/.ithout"prejudice ,to anything,'confnined
in these rules,'the rules, Orders or iuch other instruments.made and issued under
the Act prior to commencement of these rules shatL maatts-mutordts, apply to
g. Renroval of difficulty.-If a difficutty arises in grving effect to
any of the provisions of these rules,including the modifications required in the -
rules, orders or zuch other instruments made and issued under the Act prior to ttre
commencement tlf these rules, the Federal Gdvernment,may, by notification in
-the official Gazettes, make such provisions ai may appear to it to be necessary
for removing the tlifficulty.' :
. lZlrZ-IIlI-HAQ SIIAI!
Dept@ Seaefwy.
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PUBLISHED CoNIROLLE& 8TATIO!.IERY AND rOBl4S, KARACttr.
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