THE NATIONAL DATABASE AND REGISTRATION AUTHORITY (ALIEN REGISTRATION CARD) RULES, 2021

Islamabad, the 22nd February, 2021

S. R. O. 247(I)/2021. — In exercise of the powers conferred by section 8, 13 and 44 of the National Database and Registration Authority Ordinance, 2000 (VIII of 2000), the Federal Government is pleased to make the following rules, namely:—

1. Short title and commencement. — (1) These rules shall be called the National Database and Registration Authority (Alien Registration Card) Rules, 2021. (2) These rules shall apply to all foreigners other than— (i) Nationals of Islamic Republic of Afghanistan, (ii) Holders of Pakistan Origin Card, and (iii) Holder of Pakistani visa of any category. (3) They shall come into force at once.

2. Definitions. — (1) In these rules, unless there is anything repugnant in the subject or context, — (a) “applicant” means a foreigner who makes an application for registration; (b) “card” means the alien registration card; (c) “family member” in relation to foreigner eligible family member means the spouse, sons, unmarried sisters and daughters of foreigner and include aged or incapacitated parents, incapacitated sons and widowed and divorced sisters and daughters residing with the foreigner and the sons and unmarried daughters of such widowed or divorced sisters or daughters; (d) “dependent” in relation a foreigner means the spouse, sons not above the age of twenty-one years and unmarried sisters and daughters a foreigner and includes aged or incapacitated parents, incapacitated sons above the age of twenty-one years and widowed and divorced sisters and daughters of the foreigner wholly dependent upon and residing with the foreigner and the sons not above the age of twenty-one years and dependent unmarried daughters of such widowed or divorced sisters or daughters; (e) “Ordinance” means the National Database and Registration Authority Ordinance, 2000 (VIII of 2000); (f) “registration” means registration of a foreigner under the Ordinance; (g) “registered foreigner” means a foreigner eligible to be registered under these rules; (h) “schedule” means a Schedule to these rules; and (i) “work permit” means a document issued by the Interior Division to a registered foreigner enabling him to take private employment or work or undertake business activity. (2) The words and expressions used but not defined in these rules shall have the same meanings as are respectively assigned to them in the Ordinance.

3. Registration. — (1) All foreigners other than those mentioned in sub-rule (2) of the rule 1 shall register themselves and their children and wards with the Authority in accordance with the provisions of these rules.

4. Work permits. — The Interior Division may issue work permit to a registered foreigner who wishes to start business or is seeking private employment and for that purpose the Authority shall charge such fee as specified in Schedule-I.

5. Terms and conditions. — A foreigner shall only hold or use a card issued to him in so far as he continues to fulfill the criteria of eligibility thereof, or till the expiry of the validity period of the card, whichever is earlier.

6. Information relating to births, deaths, marriages, divorces, etc.— (1) The birth and death of family member of registered foreigner shall be reported to the Authority or an officer authorized by the Authority in this behalf. (2) The marriage or divorce of a registered foreigner shall be reported to the Authority or an officer authorized by the Authority in this behalf.

7. Form of application. —An application for registration for, and issuance of, a card shall be made in the form specified in Schedule- VI.

8. Fee, form and manner of payment. — (1) The Authority shall charge fee as specified in Schedule-I for issuance of a card to a foreigner. (2) The Authority shall make necessary arrangements for the collection of fee and may collect, or cause to be collected, the fee for issuance of the card at any time prior to or along with the deposit of application or issuance of the card as it may deem fit. (3) The Authority may adopt any mode or manner for collection of the fee and other charges as it may deem fit for achieving efficiency and facilitating the deposit and collection of fee and other charges by and from the foreigners. (4) If an applicant is refused registration or issuance of the card, fees and other charges, if any, collected by the Authority shall be refunded to the applicant after deducting the processing charges, if any. (5) The Authority shall notify amended fee from time to time as deem fit.

9. Manner of registration, inquiry and evidence. — (1) The Authority shall establish and maintain, or cause to be established and maintained, a registration and database system for the purposes of these rules in a manner deemed fit by the Authority with regard to the nature of information being collected from the applicants and verifying agency. (2) The Authority shall also establish and maintain, or cause to be established and maintained, an automated computerized system, backed by such registration and database system, for recording and verification of exit and entry of foreigner at such ports or places in Pakistan as it may deem necessary. (3) Before registering an applicant, the Authority may make any inquiry or require any evidence, documentary or otherwise, from the applicant as it may deem fit in respect of the eligibility and other matters pertaining to the applicant for the purposes of these rules. (4) Without prejudice to generality of the foregoing power of making inquiry or requiring evidence under sub-rule (2), the Authority may require any of the following evidences, namely: — (a) a card previously issued to the applicant; (b) proof of deposit of all fees, charges, sums, insurance premium etc., as the case may be; and (c) travel documents of the applicant including passport. (5) The Authority shall, upon being satisfied that applicant is eligible for registration, register the applicant.

10. Manner of issuance of card. — (1) Every foreigner who is registered with the Authority shall be issued a card by the Authority. (2) The foreigner may receive or collect the card personally or through his duly authorized nominee or representative, subject to written acknowledgement of receipt thereof by the recipient. (3) The Authority may deliver or cause the card to be delivered by hand or through any other appropriate means of delivery at the address specified by the applicant.

11. Form of card. — (1) A card issued to a non-work permit holder shall be in such format as set out in Schedule-II and a card issued to a work permit holder shall be in the format as set out in Schedule-III. A card issued to a minor non-work permit holder shall be a such format as set out in Schedule-IV. (2) Where an electronic microchip is embedded in a card issued, it may contain the data printed on the card excluding such data therefrom as deemed appropriate by the Authority. The microchip may also contain additional data like mother’s name, card holder’s emergency information, biometric data of fingerprints, photograph and encrypted electronic certificate of authenticity and integrity regarding data borne on the microchip.

12. Period of validity. — A card shall be valid for a period of up to five years.

13. Issuance of new card on expiry or termination of validity. (1) At any time before, on or after the expiry of validity of a card but not later than one month after the expiry or early termination of validity period of card, the registered foreigner shall apply for fresh registration and a new card may be issued by the Authority subject to fulfillment of criteria, formalities and payment of the prescribed fee, if any. (2) The Authority may, in appropriate cases on a case-to-case basis, extend the time for applying afresh for registration and issuance of a new card beyond the one month period provided in sub-rule (1).

14. Change and duplicate card. – (1) For incorporation of a change in a card, the Authority may, on an application made under these rules and subject to surrender of the original card, issue a revised card incorporating the change: Provided that the applicant may be required to satisfy the Authority as to fulfillment of necessary legal requirements before incorporating the change in the card: Provided further that the applicant shall deposit the prescribed fee and other sums for issuance of the new card as specified in Schedule-I. (2) The Authority may, for any card lost, stolen or otherwise rendered useless, as the case may be, on an application for issuance of duplicate card made in the appropriate form set out in Schedule-VI and subject to surrender, if possible, of the previous card, issue a duplicate card on the condition that the applicant has deposited the prescribed fee and other sums for the issuance of duplicate card as specified in Schedule-I.

15. Purpose of card. – A card issued shall be necessary for the purposes of establishing the identity of registered foreigner and the assertion, availing or exercise by the card holder of all benefits, rights, privileges and capacities available to, exercisable by or vested in such registered foreigner under these rules.

16. Prohibition on seeking employment etc.— A registered foreigner without a valid work permit shall not be entitled to take any employment or work or undertake any business activity.

17. Benefits. — (1) During the validity of a card and without prejudice to any other rights, benefits, or privileges under any other law for the time being in force, the card holder may also avail the following benefits — (a) travel within the country except restricted areas; (b) apply in any private educational institutions at his own expenses; (c) apply for utility connections; (d) apply for registration of vehicles; (e) apply for driving license; (f) open a bank account with any bank in Pakistan, subject to the condition that registered foreigner shall only open an account within the city of his residence; (g) use the card for establishing and proving his identity anywhere in Pakistan; (h) get a cellular mobile connection; (i) apply for work permit to seek to private employment or start business subject to payment all taxes, cess, rates etc. as per law of the land; (j) shall have permission to stay in Pakistan during the validity of the card; (k) settle in any city within Pakistan as indicated in his card; (l) shift in any city within Pakistan after intimating to the Authority within the validity period of the card and modify his address on the card accordingly, and (m) Seek and avail medical treatment and service at government or private hospitals and health facilities. (2) In addition to the benefits conferred under sub-section (1) above, a registered foreigner shall not be liable to prosecution under the Foreigners Act, 1946 (Act No. XXXI of 1946) for any unauthorized stay of such registered foreigner in Pakistan prior to registration under these rules: Provided that such foreigner has stayed in Pakistan for at least five years prior to registration under these rules or has remained in prison for a period of three years whichever is less.

18. Officer or authority who shall report births and deaths. — The officer or authority to whom, or to where births and deaths are required to be reported under any law relating to registration of births and deaths, for the time being in force, shall report the birth of a baby born to a registered foreigner and the death of registered foreigner to the District Registrar or any other authorized registration officer of the Authority.

19. Receipt for surrendered cards. — The Authority shall issue a receipt, in the form set out in Schedule-IV, in acknowledgement of surrender of a card pursuant to section 17 of the Ordinance.

20. Registration of children. — A foreigner registered with the Authority under these rules may also make in application under these rules, to the Authority, for issuance and renewal of card of any family members or dependents and the Authority may issue a card in the form set out in Schedule-II or IV, as applicable, containing such information, particulars, specifications, features, elements and capacity for use as are provided therein.

21. Cancellation, impounding and confiscation of card. — Without prejudice to the generality of the grounds and reasons for which a card may be cancelled, impounded or confiscated under section 18 of the Ordinance, any card may also be cancelled, impounded or confiscated, if there are satisfactory grounds or reasons to believe that it is not conducive to the public interest that the holder of card should continue to hold the card.

22. Law enforcement committee. - (1) For the purpose of implementation and enforcement of these rules, the Interior Division shall, with the consultation of the Authority, constitute a law enforcement committee as specified in Schedule-VI to these rules. (2) The law enforcement committee shall (a) meet at least once in every quarter of a calendar year; (b) constitute one or more sub-committees from amongst Its members which shall meet once every month and submit recommendations and proposals to the law enforcement committee for Its consideration and decision; (c) ensure that the law enforcing agencies (LEAs) and any other agencies or functionaries (federal or provincial) whatsoever take cognizance and action in respect of matters referred to them by the law enforcement committee; and (d) take all necessary steps, actions and measures to effectively enable and assist the Authority In the performance of its functions under or pursuant to these rules, the Ordinance and the Foreigners Act 1946 (XXXI of 1946).

23. Use of technology, dematerialized or digital cards.— (1) Registration of foreigners under these rules and any related process including application for, or Issuance of a card or renewal, change of particulars, duplicate card, surrender, etc. or the payment of any fee or the possession, production and verification of a card or related information, may be undertaken, effected or facilitated by the Authority through such technological means as deemed appropriate by the Authority for carrying out the purposes of those rules and the Ordinance. (2) The provisions of sub-rule (1) shall have effect notwithstanding anything to the contrary contained in these rules.