1["41A. Transfer of assets and liabilities of Alien Registration Authority.— (1) On transfer
of the Alien Registration Authority (NARA) under Section 17 of the Foreigners Act, 1946 (XXXI of
1946), all employees of the NARA shall, subject to the following provisions, cease to be civil servants
within the meaning of the Civil Servants Act, 1973 (LXXI of 1973) and shall be deemed to have
always been appointed on comparable posts of the Authority, except for the purposes of financial
benefits which shall not be admissible to them prior to the date of their transfer to the Authority.
(2) Notwithstanding anything to the contrary contained in this section, any person referred to in
subsection (1) may, within three months of the transfer, exercise an irrevocable option either to
remain civil servant or, as the case may be, become employee of the Authority:
Provided that where any person does not exercise the option within the said period he shall be
deemed to have opted to become employee of the Authority.
(3) Any person who opts under subsection (2) to remain civil servant shall be provided with a
comparable posting elsewhere within three months of the exercise of option and till such posting
remain on surplus pool of the Federal Government.
(4) On transfer as aforesaid, a person, until his employment in the Authority is terminated in
accordance with his terms and conditions of service or his terms and conditions as altered by
regulations which shall not be less favourable than those by which he was governed immediately
before his transfer, shall continue to be governed accordingly.
(5) No person who stands transferred to the Authority by virtue of subsection (2) shall,
notwithstanding anything contained in any law for the time being in force, not entitled to any
compensation because of
such transfer.
(6) All assets and liabilities of the NARA including its counters and other formations shall, on
commencement of the Foreigners (Amendment) Act, 2016 (XX of 2016), stand transferred to and
vested in the Authority.
(7) The Federal Government shall pay to the Authority capitalized value of pension and gratuity
in respect of employees, transferred to the Authority under subsection (1) to which they
have become entitled to or have been earned by them or have accumulated till their transfer to the
Authority.
(8) All suits and other legal proceedings instituted by or against the Federal Government and
NARA in respect of the matters of the foreigners registration immediately before commencement of
the Foreigners (Amendment) Act, 2016 (XX of 2016) shall be deem' ed to be suits and legal
proceedings of the Authority on and from such commencement and shall be dealt with by the
Authority accordingly.
(9) All debts and liabilities incurred, contracts entered into or rights acquired and all matters and
things done, engaged or to be done by or for the NARA immediately before commencement of the
Foreigners (Amendment) Act, 2016 (XX of 2016) shall be deemed on such commencement to have
been incurred, entered into, acquired, done. engaged or, as the case may be, to be done by or for the
Authority."].
1 Ins. by Act��No. XXVII of 2016, s.3.
Page 25 of 28
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents