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REGULATIONS, 2010

SUBSCRIBERS ANTECEDENTS VERIFICATION REGULATIONS, 2010

[Gazette of Pakistan, Extraordinary, Part-iI, 31st December, 2010]

S.R.O. 1189 (I) 2010, dated 24.12.2012.—In exercise of powers conferred under clause (o) of sub-section (2) of Section 5 of the Pakistan Telecommunication (Re-organization) Act 1996, the Pakistan Telecommunication Authority is pleased to make the following regulations:

PART-I 

Preliminary

1.         Short Title and Commencement.—(1) These regulations shall be called as "Subscribers Antecedents Verification Regulations, 2010".

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

2.         Scope and Applicability.—These Regulations shall apply to all mobile communications service licensees for the registration and maintenance of accurate data of their subscribers antecedents through proper documentation and verification through NADRA database in accordance with the procedures specified in these Regulations.

3.  Definitions.—(1) In these Regulations unless there is anything repugnant in the subject or context:—

(a)        "Act" means the Pakistan Telecommunication (Re-organization) Act, 1996 (XVII of 1996);

(b)        "Authority" means the Pakistan Telecommunication Authority established under Section 3 of the Act;

(c)        "Authorized Sellers" means and includes franchisees, retailers, agents having a valid written agreement with an Operator for the sale of SIM(s);

(d)        "CNIC" means Computerized National Identity Card issued by NADRA;

(e)        "Corporate Customers" means and includes following:—

            (1)        All armed forces i.e. Army, PAF, Navy and attached departments;

            (2)        All embassies in Pakistan

            (3)        All foreign missions in Pakistan

            (4)        All Pakistani Local Organizations that have a National Tax Number (NTN)

            (5)        All Companies/International Non Governmental Organizations (INGOS) that have a registration certificate under the applicable law /NTN

(f)        "NADRA" means National Database and Registration Authority;

(g)        "NARA" means National Alien Registration Authority;

(h)        "Operator" means a person holding a mobile communications service license issued by the Authority;

(i)         "Person" means a natural person;

(j)         "Pre-activated SIM" means a SIM sold without following the procedures prescribed by the Authority in these Regulations and any SIM found pre-active at any of the sales outlet of the Operator;

(k)        "Subscriber" means and includes natural or juristic person who subscribes for a telecommunication service;

(l)         "SIM" means Subscriber Identity Module to be provided by a cellular mobile Operator as a connection for cellular mobile services;

(m)       "Rules" means all Rules issued from time to time by the Federal Government under Section 57 of the Act; and

(n)        "Regulations" mean all Regulations issued by the Authority under the Act, from time to time including these Regulations.

(2)        Words and expression used but not defined herein shall bear the meaning given thereto in the Act or the Rules.

PART-II

Subscriber Documentation and Online Verification through NADRA database by the Operator(s)

4.         Sale of SIM(s).—(1) Operators shall be entitled to sell SIM(s) only through their customer service outlets or registered and authorized agents/franchisees.

(2)        The Operator(s) shall ensure verification of Subscriber antecedents at the time of sale of a SIM.

(3)        The Operator(s) shall submit an up to date list of all franchisees and agents, as and when required by the Authority.

(4)        Any SIM(s) sold by any means shall be the sole responsibility of the Operator(s).

5.         Requirement for Selling SIM(s).—(1) No SIM(s) shall be sold or issued by any Operator in any manner to any Person(s) unless and until following prerequisites are fulfilled:—

(a)        Requirements for Pakistani Nationals:—

            (i)         Original CNIC to be shown and a copy to be retained by the authorized Person of the Operator.

            (ii)        In case of minor(s), original CNIC of his/her parents and original Form B duly issued by NADRA to be shown and copies to be retained by the authorized Person; and

            (iii)       Any additional requirement as deemed to be necessary by the Authority from time to time.

(b)        Requirements for Foreign Nationals:—

            (i)         Original passport with a valid visa to stay in Pakistan to be shown and copy to be retained by the authorized Person of the Operator;

            (ii)        In case of aliens, a valid document and identity card issued by National Alien Registration Authority to be shown to the authorized person of the Operator and a copy to be retained; and

            (iii)       Any additional requirement as deemed to be necessary by the Authority from time to time.

(2)        All authorized Persons nominated by the Operator, shall be responsible for the collection, verification and attestation of all documents as referred above, as a prerequisite for the purchase of a SIM:

Provided that all foreign nationals shall only be allowed to purchase SIM(s) from the customer service centers of the Operator.

(3)        Any Person holding Pakistani Nationality shall be entitled to purchase a Service for family members, subject to the provision of an original CNIC of the intended purchaser of the SIM and the concerned family member in addition to the thumb impression of the intended purchaser.

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