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The Joint Maritime Information Organization Act, 2018

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The Joint Maritime Information Organization Act, 2018 ASSEMBLYI [AS PASSED BY THE NATIONAL A, Biil t<t provi,Te for constitution and regulation of the Jaint Mariti me I nformtttion Organization WHEREAS it is er:predient to c,rnstir:rite a Joint Maritime lnformation t]rganization to syneqize efforts of all rrrgarrizations and agencies, information r;haring for Maritime liecurity and to provide for matters r:onnected therewith or rrncillary thereto; It is hereby ena:ted ar; follows:- 1. Short title, extant, application and cornmencement.-('1 ) This Act rnay be crlled the Joint Maritime lnformatiorr Organization Act, 2018. (2) lt extends; to the, whole ot Pakistar. (3) lt shall apply to all Ministries, Divisions, Departments and Agenciert related to maritime sectcr including the law enforcement agercies at sea r;pecified in Schedule-l to this Act. (4) lt shall come into force at ono€r. 2. Definitiorrs.- (1) ln this Act, unl,sss there is anything repugnant in the subject or context,- (a) "JlvllO' means the J,rint ttlaritime lnformation Organization established under r;ection 3; (b) 'JtlllCC' means the Joint Maritime lnfortnation and Co,rrdinal:ion Centre, established under clause (a) of suh-seclion (2) ofsecllon 5; (c) "Maritime lnterests of Pakistan" includes rights, control, jurisdiction and srrve:eignty over Maritime Zones and the sovereigr rights of Pakistan to explore, exploit, conserve, manage the living and non-llving resources and olher activities; for econr:rmic exploitation, exploration and to sirfeguard the unauthorized exploitation c,f resources of Pakistan seas, sub- soi and prevention theretc, from damage through pollution or any otherr means; (d) "Marilimer Zones" nreans the Territorial Sea, ther Gontiguous Zone, Cclntinental Shelf and Exr:lusive Econotnic Zone of Pal<istan as defined in the Territorial Waters and Maritime Zones Act, 1976 (lJXXll of 1976), or any other zone or area der;lared as such b,y the Federal Government and includes the internal \v'aters; (e) "Nlaritim,: Domain Awareness" rrleans the effective understernding of anything associaterd with the maritime dornain trat could impact the security, safety, economy or environnrent of the country, (0 "Concerr,ad Agencies" means those agencies, rlepartments, lvlinistries which ar,: specifi,ed in Schedule-l; (S) "Di"ecto'' means tlre officer in cornmand of JMIC;C appointed under sub-section (2) of se,;tion 3; (h) pr(3scrilr€rd" means prescribed by the rules macle under this Acl anc (i) "rules" rleans rulet; made under this Act (2) All words and axpressic,ns usec but not defined in this Act shall, unless the context otherui$o requires;, have the same meanings as assigned by Pakistan Navy Ordinance, 11161 (XXXV of 1961). 3. Constitution o1'Organization.-('l ) The Federal Government.rhay by notification in the official gazette, constitute a Joint Maritime lnformation t]rganization (JMIO). (2) The JMIO shall consist rtf a Director to be appointed by the Naval lleadqua(ers from anrongst the officerrs of Pakistan Navy and such ,rther officers and memhers of the staff for smooth functioning of the organization as may be prescribed. ,,:| (3) The head of Concerned Agency shall be authorized to appoint, rlepute or atach officers inciuding civiliarr offi<;ers and other mernbers of the staff 1o JMIGC. Duties to br-. performed by these oflicers or staff may be determined by the Director. (4) The JMIO shall be manned by officers and staff ol' Pakistan Navy irnd representatives of Concerned Agencies on deputation or attachment fronr the respective Concerned Agency. 4. Control, superintendence, co'mmand and adrninistration of .JMIO.- Siubject to overall control and superintendence of the Federal {3overnment, the command and administratioir of JMIO shall vest in JMICC, and :;hall be exercised by the Director as; its chie,f executive in accordarnce with the provisions of this Act and the rules made thereunder. 5. Powers ;rnd functions of JM10.- (1) All Concerned Agencies as r;pecified in Schedule--l to this Act shall be rersponsible to share information with ,JMICC on terrorism, subversive anC criminal activities which include human l:rafficking, illegal arnts transportaticn, smuggling of contraband goods, drugy l.rafficking, unauthorized exploitation of marine resources, and marine r:nvironmental degraclation and illegal fishing. JMICC shall be ;'esponsible to r:oordinate and dissenrinate actionabl'e inform;ation with the Concerned Agency to r;enerate immediate and effective resl)on se. (2) Without Srrejudice to the general:ty of the provisions o'l sub-section rl ), the functions of Jlt/lO shall be to- (a) establish JMICC at Pakis:an Navy Ship QASltvl at Karachi uncler the auspices, of Pakistan Natry; (b) manage and mailtain th,: gxr.at.us flow cf information relating to incidents of maritime terrorism, piracy, distress at sear, environmental protection, illegal fishing arrd any other illegal activity within Pakistan's maritime jurisdiction; (c) col ect, collate and arialyzer the information received from anv of the Concerned Agencir:s or organization including other relevant informaticn, if rany, relating to individuals and transnational organized criminal groups intend committing illeg;al activities along thr: coastal areas itrcluding act of terrorism against s;hips vrithin Maritime Zones in,:luding ports and harbours; (d) prepare statistics and reports on the basis of the information gathered and analyzed under clause (c), and to disseminate them to the Concerned Agencies or organizations, as far as pos;sible; (e) provide an appropriate illert, whenever p,ossible, to the Coircerned Agenci,es if there is a reasonable ground to believe that a threat of incidents o:t illegal act along tl"re c;oastal areas inciudings act of terrorism against ships within Maritime Zones including; ports and harbour is imminent, (0 coordinate and sh€rre available information on shipping and on crirninal Eroups and individuals with regional and international Maritime, lnformatirrn Sharing Organizations arrd Centers for Maritime' Domain Frw?r€fl€ss, (S) prepare non-clasr;ified statistics and reports based on informalion gathered and analyzed under clause (c) and to disseminate them to the shipping community and lnternational Maritime Organizations; (h) perform such other functions as may be agreed upon by the Concerned Agencies with a view to preventingl illegal acts witlrin Pakistan's nraritime jurisdiction; and (i) perform such other functions as may be assigne,C to it by the Federal Government, fronr time to time, to protect maritime interrestr; of Pakistan. (3) ln performance of its functions, the JMIO shall respect the r:onfidentiality of informati,rn provided by an1, Concerned Agency and shall not lelease or disseminate such information unl,:ss the consent of th;rt Agency is laken in advance. 6. Application of certain laws.-(1) Subject to the provisicn of this Act, r:very officer and member of the staff shall, whether appointed through initial recruitment or otherv/ise, unless he is already so subject, be subject to the l)akistan Navy Ordinance,l961 (XXXV of 1961). (2) Notwithstanding anything contained in sub section (1), a civil servant tlansferred to the JIt4lO on deputation or a person subject to the Pakistan Army Act, '1952 (XXXIX of 1952), or the Pakistan Air Force Act, 1953 (XXXV of 1953), on secondment of the JlVllO, not otherwise subject to this Act, shall be so subject to this Act and-the Pakistan Navy Ordinance, 1961 (XXXV of 1961), to the extent and under such conditiolrs as the Federal Government may direct, provided tlrat such civil servant and that other person shall be subject to the said Ordinance when he- (a) seduces or attempts to seduce any person subject to this Act from his duty or allegiance to the Government; (b) commits any offence in relation to any work of defence, arsenal, naval, military, air force or JMIO's establishment or statidn; (c) commits any offence under the Official Secrets Act, 1923 (XlX of 1923) in relation to the affairs of the JIIIO; or (d) commit any offence punishable under any law for the time being in force on the establishment, station or propedy of the JtvllO or in reiation thereof. 7. lndemnity.- No suit, prosecution or other legal proeeedings shall lie against any person for anything which is in good faith done or intended to be done under this Act or any rules or regulations made thereunder. B. Power to make rules,- The Director may, with the approval of Federal Government, make rules consistent with this Act for carrying out the purpose of this Act. 9. Oath of allegiance.- A member of private sector' shall, as soon as possible after appointment or enrolment to the JrurrJ, make and subscribe before his Director or any other officer appointed by the Director on his behalf, an oath in the form set out in Schedule-ll to.this Act. 10. Power to amend Schedule.- The Ministry of Defence may, by notification in the Official Gazette, amend Schedule-l to this Act. 5 SCHEDULE{ [See sub-section (3) of section 1 and sub-section (1 ) of section 5] i S. No. Concr:rned Agencies (1) (2) (3) l 1 I Federal lnvestigatiorr Authority (lmmigration) 2- Pal<istan Coast Guard (PCG) Ministry of lnterior 3 Pakistan Rangers (tiindh) 4 Directorate of Ports and Shipping at Karachi I I E I lvlercantile Nrlarine D epartment (NIMD) 6 Karachi Port Trust (l(PT) 7. Port Qasim Authority (PQA) Ministry of Maritirne B Gwadar Port (GPA) 1 Authority Affairs o Fishery Department Sindh 10. Pakistan National Snipping Corporation (PNSC) 11 lVlarine Fishery Deprrrtment (MFD) 12. Korangi Fish Flarbour (KoFH) i 1alJ, Pakistan lVlarine
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