Officer or any other person exercising any power or performing any function under this Ordinance,
for anything which is in good faith done or purporting or intended to be done under this Ordinance or
any rule.
41. Transfer of employees and assets etc.—(1) Notwithstanding anything contained in any law,
rules regulations, contract, agreement, or in the terms and conditions of their service or in the
provisions of the National Registration Act, 1973, (LVI of 1973) the Civil Servants Act, 1973, (LXXI
of 1973) on the establishment of the Authority, all persons appointed or employed in the National
Database Organization and the Registration Organization, immediately before the establishment of
the Authority, in particular, all Registration Officers appointed pursuant to section 3 of the National
Registration Act, 1973 (LVI of 1973) and other officers and employees, whether recruited initially or
absorbed or inducted subsequently, including a person on deputation to any other organization,
department, agency of formation in Pakistan or abroad but not being person on deputation or
secondment to the Registration Organization or the National Database Organization from any other
organization, department, agency or formation, shall stand transferred to and become Registration
Officers and other officers and employees, as applicable, of the Authority on the same terms and
conditions including remuneration, tenure of service, rights and privileges as to pension and gratuity
and other matters which were applicable to them immediately prior to the establishment of the
Authority.
(2) The Federal Government shall pay to the Authority, pension charges and gratuity in respect
of, and provident fund accumulations of, persons transferred to the Authority by virtue of subsection
(1) or subsection (9), as they have become entitled to, or have been earned by them, or have
accumulated till their transfer to the Authority as aforesaid.
(3) On transfer to the Authority as provided in subsection (1) or subsection (9), all Registration
Officers and other officers and employees shall, where applicable, cease to be civil servants and shall
be deemed to have been appointed and have respectively become the Registration Officers and other
officers and employees of the Authority as if originally appointed under this Ordinance as if they
were always the Registration Officers, officers and employees of the Authority, as applicable, except
for the purposes of financial benefits which they shall not claim from a date prior to the date of their
transfer to the Authority as aforesaid.
(4) On transfer as aforesaid, such a Registration Officer, other officer or employee, 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 to the Authority, shall continue to be so
governed.
(5) Notwithstanding anything to the contrary in this section, any person referred to in subsection
(1) may within three months from the date of establishment of the Authority opt not to be transferred
to the service of the Authority and the option so exercised shall be final and those persons who do not
exercise their right of option in writing within the aforesaid period shall be deemed to have opted to
be transferred to the Authority.
(6) All persons who opt under subsection (5) not to be transferred to the service of the Authority
shall be provided a suitable posting elsewhere within six months from the date
Page 23 of 28
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