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REGULATIONS, 2015

SUBSCRIBERS ANTECEDENTS VERIFICATION REGULATIONS, 2015

[Gazette of Pakistan, Extraordinary, Part-II, 30th March, 2015]

S.R.O. 480(I)/2015, dated 8.3.2015.–In exercise of the 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, 2015”.

(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 ;

(b)      “Alien” means a person registered with the National Alien Registration Authority (NARA);

(c)      “Authority” means the Pakistan Telecommunication Authority established under Section 3 of the Act;

(d)      “Authorized Sellers” means and includes franchisees, retailers, agents having a valid written agreement with an Operator for the sale of SIM(s) in addition to their current employees authorized by the operator.

(e)      “CNIC” means Computerized National Identity Card issued by NADRA;

(f)       “Change of ownership form” means the document (electronic or otherwise) containing:

(i)       Antecedents of the transferor and transferee;

(ii)      Date of the request;

(iii)     Signature of transferor or the authorized person and the transferee;

(iv)     Sales channel information i.e Unique ID, name, address, stamp;

(v)      Any other information deemed necessary by the Authority; and

(vi)     Unique transaction ID generated by NADRA during biometric verification.

(g)      “Customer Service Center (CSC)” means the designated office of the operator, for customer services;

(h)      “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

(i)       “NADRA” means National Database and Registration Authority;

(j)       “NARA” means National Alien Registration Authority;

(k)      “Operator” means the holder of a Mobile Cellular License issued by the Authority;

(l)       “Person” means a natural person;

(m)     “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;

(n)      “Subscriber” means and includes natural or juristic person who subscribes for a telecommunication service;

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

(p)      “Rules” means all Rules issued from time to time by the Federal Government under Section 57 of the Act;

(q)      “Regulations” means all Regulations issued by the Authority under the Act, from time to time including these Regulations; and

(r)      “Unique ID” means an exclusive sale ID issued by the concerned operator specifically for communicating with database of authorized sales channels.

(s)      “Verification” means the authentication of the antecedents/ particulars of each cellular mobile subscriber with the data maintained by NADRA in real time in the manner prescribed by the Authority from time to time.

(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 franchisees/ agents, current employees authorized by the Operator:

Provided that only a holder of a Unique ID shall be authorized to sell SIM(s):

Provided further, that the Unique ID shall be assigned/managed by the concerned Operator in the manner prescribed by the Authority from time to time.

(2)      The Operator(s) shall ensure verification of Subscriber antecedents at the time of sale of SIM in the manner prescribed by the Authority from time to time.

(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.  Minimun Requirements for Sale of New SIM(s).–(1) No SIM(s) shall be sold and activated by any Operator in any manner to any Person(s) unless and until following prerequisites are fulfilled:

(a)    Requirements for Pakistani Nationals:

(i)       Valid identity card number issued by NADRA shall be provided to the authorized Person of the Operator; and

(ii)      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 shall be shown and copy of passport attested by customer service center shall 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 shall be shown at customer service center and a copy shall be retained by the authorized person of the Operator ; and

(iii)     For Afghan Nationals, attested (by Gazetted Officer/notary public) copy of valid identity card issued by the Government of Pakistan; and

(iv)     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, where applicable, as referred above, as a prerequisite for the purchase of a SIM.

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