National Disaster Management Act, 2010 (Act No. XXIV of 2010)

REGISTERED No. t~.,:: :) ' «be 415a,ette Q!) of ~alt«-tan ~~­ EXTRAORDINARY PUBLISHED BY AUTHORITY ISLAM,~BAD, SATURDAY, DECEMBER 11, 2Q10 PART I Aets1 Ordinances, President's Orders and Regulations SENATE SECRETARIAT l.~lamab,uf. the /Ith D~cember. 2010 No. F. 9 (28)/2010-Legis.- The following Act of Maj lis-e-Shoora lPar11ament} received the assent of the President ·on 8th Deceml)ei, 20 I 0 and. is hereby published for genera) information: ACT NO. XXIV OF 2010 .411 Act to provide JOr the establishmem of a National Disaster Ma11ageme111 System for Pakistan WHEREAS. i\ is expedient to provide for an .effective national disaster management system and for matters connected therewith or incidental thereto; AND-WHEREAS lhE: Pfovinci.al Assemblies of Balochistan, the Khyber Pakhtunkhwa, and the Punjab.have passed ,resolutions under Article 144 of the Constitution of the lslamic Republic ofl'akislan to the effect.tha(Majlis:c-Sho0ra (Parl iament) may; by law, regulate t·he national disaster management system ·10 overcome unforeseen situati.ons: It is hereby enacted as follows: (731) Price : Rs. 20.50 [3062(20!0)/Rx.Gaz.J 732 TIIE GAZlrl'l'G OF PAKISTAN, EXrRA., DECEMBER 11, 2010 f P,\Rl' I 1. Short title, extent and commen~emcnt.-(1) This J\ct rn>lY be calle,d the National Disa ster Management Act, 201 (). (2} It extends to the whole of Pakistan. (3) lt shall come i11ta forc.e on the 17th August, 20-07 . 2. Definitions.- In this Act, unless the c,mtext otherwise require/;,. (a) "affected area" ineans an area or pmt of the country affec ted by a d.isaster~ (b) "di sas ter'' means a catastrophe or a calamity in an affected area. arising from natural or man,made-causes or by accident which ,:esults in a substantial loss of life or human suffering or damage to, and destruction of, property; (c) "dis;is ter management" means managing the complete disaster spectrum, including (i} preparedness; ·(ii) res po11sc; (ii°i) recovery and rehabil-icarion: aod (iv) reconstruction; ( d) "DistricCAulhority" means the District Disaster Management Authority , established undt.r -scction l 8; (e) " District Plan" means a Disaster Management Plan p.-,;paretl fo1· a pa,ticulat' distr.ict under section Zl ; ( I) "Federal Government" means the Ministry or Divis ion ohhe Federnl Government havingadmi'nistrative e,ontrol of disaster management: (g) "Natlona l A111hor·ity'' means. the Naii•onal Disaster Management Alllh0dty established under section 8; (h) " Nati01-1al Plan" means the-plan for disaster management for the whole of \he country prepared under section I O; (i} "National Commission" means the '-/ati9nal Disaste,· 'fvtanagerne111 Commi•ssion c, tablished under section 3: (j) "ptescribcd'" means prescribed by rules made under this Act; P,,,n I] THE GAZE1TE OF P,1\KISTAN, EXTRA., DECEMBER I I, W I{) 733 (k) "Provincial Authority'' means the Provincial Disaster Manage1i1ent Authority established under section 15: (I) " Provincial Commission" means the Provincial Disaster Managemem Commission established under section l3; and (m) "Provincial Ptan" means the plan for disa.ster nianagemcn\ for a l'rovince prepared under section 17. CHAPTER 11 THE NATIONAL DISAS·TER MANAG~:'.ME.NT COMMISSIO N 3. l<Jst-abl.ishmen! of National DisaHer Management Commission .- (0 As soo1.1 as may be a fter. the commen~ement of this Act Lhe Federal Government may, by a not-ification in the Official Ga~elle, establish :, Com,uission to be known as the National Disa~ier Mai,agement Commission. (2) The National Commissions.hall consist of. (:,) the Prime Minister of Pakistan who shall be the Chairper,;()n-, ex o.lficio: (b) Leader o f Opposition in the Senate: (c} Leader of Opposition in the National Assembly; ( d) M.inister for Defence; (e) MinlsterforHealth; (f) Mi nister fo1· f'orci!,'TI Affair$; (g) Minister for So-ci al Welfare and -Special Education; (h) Minister for Con11nunic111ions; (1) Minister for Finance; (j) !vlinister for Interior; (kl Governor Khyber Pakhtunkhwa (for Federall y A(fministered Trib,11 Areas); ( I) Chief Ministers of all the Provinces; 734 THE GAZBTI'E OF PAKISTAN, EXTRA., DECEMBER ·1i 201() (111) Prinie Minister, AJ&K; (n) Chief Executive, Gilgit-Baltisran; (o) Cha nan, JCSC or his nominee; and (p) rej>resentatives of civil society or any other pet-son appointed by the Prime Minister. (3) The Direct<>r Ge1ieral, ?PPOinted under sub-section (3) of section !\ sliall act as ex-officio Sec1:eiary of the National Commission. 4. Meetings of the National Comn,issfou.-( I) The National Commission shall meet as and when necessaiy and at such time and place as tl,e Chi,irpecson of the National Commission may think fit (2) The Chairperson of the National Commission shall preside over the. ,n\letings of(he NatiQnal Commission. 5. Appohltmenf of officcr.s and other employees of the National Commission.- ,The Federal Government shall provide.the National Commission with such officers, consultants and employees. as it consirlers necessary for carrying o't1t its functions. 6. Powers and functions of National Commission.-{!) Subject to the provisions of this Acl, 1he Narional C9mmissio·11 shall have the responsibiltty for laying down the policies, plans and guidelines for disaster managem.enl. (2) Without prejudice to generality of the provisions in sub-section (I). (he National Cot11mission may ( a) lay down policies on disaster management; (b) approve the National Plan; (c) approve plans prepared by.the Mini.striesor Divisions of the federal Governmem in accordance with the National Plan: (d) iay down guidelines ro be followed by Federal Government and Provincial Authqrities; ( e J ammge for, and oversee, the provision of filnd~ for the purpose ·of mitigation measures, preparedne.ss .and response; (J) provide such support to other countries affected by major disasters.as Federal Government may detem1ine; and TI-IE GAZ6T1'E Of PAKISTAN. EXTRA., DEC6MBER 11. 2010 735 (g) take such othel' measures for the prevention of disaster or the miiigation or for preparedness a.nd cap')city building for dealing with disaster situation as ii may consider necessary. (3 ) The Chairjlerson of the National Comniission shall , in the case of emergency, have power to exercise all or ·any of th<a> powers of the National Commission but exercise of such powers sha II be s ubject' to e:<-postfac/0 tati ficatioo by the National Commission. 7. Constitution of advisory committees b)'. National Commission. (!) The Na11onal Conmiission niay conslifutc an advisory 9ommittce or committees, as 1·equired, of experts in the fie.Jd of djs aster management. (2) The members·ofthe advisory committees shall be paidsuc.h allowa,ices as may be prescribed by th~ Federnl Government. '8, Bsta.l\lishment. of the Nntional Disaster Management Auth-ority.- (l) The Federal Government shall, iinmediately after issue of notification under sub-section (I) of ~ection 3, e.~tablish an Authority 10 be known as National Disaster Management Author'ity. (2) The National Authority shall consist of such number of members as may be 11rescribed and shall include [the DirGCtor Gencrall as its Chairperson. (3) '!'here shall be a Director General of the ·National Authority. lO be appomted by the F'edei;al Government, on such te1111s and conditions, a.s may be prescribed. 9. Powers and functions of the National Oisastel' Management Authorily.- The Na1ional Authority shall (a) act as t11e'in1plemeniing,co-ordinating-and monitoring body for·disaster man~gemc,n1; (b) prepare the National Plan to \le approved bythe National Commission; ( c) im11lement. co-ordinate and monitor lhe implementation of the national policy: (d) lay down guidelines for preparing disaster management plans by different lvl in is tries or departments. ~nd the Provincial Authorities; (e.) provide necessary 1ecl111ical assistance to the Provincial Governments ai1<l the Provincial Authorities for preparing their-dilmster managemen\ 736 THE GAZolTE OF PAKISTAN, EXTRJ\ .. DECEMBER l l, 2010 ( /) (g) (h) (i) (j) plans in accordance with che guidelines laid clown by the National .Gor.nmissi'on; co-or<llnat.e response in the e,,ento(ariy threatening disaster si tuation or disaster; lay down guidelines for or g ive. directions to ihe concerned Minisu·,es or Provincial Governments and the Provincial A\)lhorities .regarding measures t() be taken by them in response to any threa(e.oing disastc!r situation or dlsaste(; for -:my specific purpose nr for general assistance requisition the services of ~ny person and such person shal I be a .co-o(Sied 111embu and exercise s uch power as conferred upon him by the Authority iii writing~ promote gcner,al education .and awa,·eness in rel~tion to disaster m-imagement~·and perfoc111 such other fonctrons as the National Commission may req,iire to perform. I o. Natio1rnl Plan.-("I) There shall' be drawn up a plan for dis;ister management fo1· the whole of the country to be called the Natio,nal Plmi. (2) The NaiionaJ Plan shall be·prepared by the National Authority having regard.to the national policy.and in consuhation 1:,,ith ibe Pr.ovincial Governments an<;I expe,rt bodies or org,mizations in the field of disaster management. and appro11ed by the National Commission. · (3) (b} (c) The Naiiona I Plan shall include mea.~urcs to be tak en for the prevention of disasters or the mitiga cion of their effect~; measures to be taken for the integration ofmitiga1ion measures in the development 11lans: measures to he. taken for preparedness. and capacity bui lding to effectively-respond to any threatening.disaster situations or disaster; ·and roles and responsibilities of different Minis.tries or Divisions of'thc Federal Government in respect of measures specified in clauses {a). (b) and (c). THE GAZETTE OF PAKJSTAN, EXTRA., DECEMBER 11, W IO 737 (4) The national plan shall be revi·e.wed and llpdated annuaily, ( 5) The f ederal GovemmenH hal l111ak~ appropriat~ pro.visions for ITmmcing the measUl'es to be canied out nilde, the national plan. 11, Guidelines·for minimmii.~tandards of relicf.-Subjcct. tt>directions of the National CQmmission, th~ National Authority shall lay down guidelines f'or the minin1um standards.of relief to be provided to persons affected by disaster which . hall includ~ (a) the min.imum requirements to be provided in the relief camps in relation 10 shelter, rood, drinking water, medicaN:.ovcr and s1mitation ; (b.) the special provisions to be. m,Jde for vulnerable groups; (c) e,1C-gratia assislanee on account of loss of Ji fe as also assistance on account of<lan ,age to houses and for ,-est.oration of mc~ns·oflivelihopd; and (d) such (rther reiief as may be nece,sary. 12. Relief in loan repayment, etc,-Subj~c1 to sncl\ direccions as the 'Nationa l Comm.iss,011 may give, the National A uth()rity may, in cases or disasters of' severe magliimdc, give directions regarding feliefin repoymenrofloans or for gr3nl of fresh loans 10 the p.ersons affected by disaster on such concessional terms as may t>e approptiate , CHAPTE~ 1H l'ROVJN,CIAL DISAST.ER MANAGE!\·JENT AUTHORTTIF'.S LJ. Est,1blishment of Provincial Disaster Management Commission,- (!) Each Provincial Govemme1,r shall, as soon as may be after 1he issue of the noti ftcation under-sub-section ( I ) of section 3., by notification in the official Gazelle, estaol isb a Provincial Disaster Management Commission for the Province. (2.) The f>rov-inci•a,1 Commission shall consist of (a) th!"Chief Minrs1erof the Provrnce who·s'hali be Chairperson, ex-Q[/icio: (b) Leader of the Opposition and one member nominated by 1,im to be member of the Provincial Commi~sion; (c) olher members 10 be nominated by 1heChiefMiniste1'; ·and • 738 THE GAZETTE OF PAKISTAN, EXTRA., D.ECEMBER. 11. 2()!0 [PM«I ~ ~ ~ =~= === ~=~ ~== = ===~ (d) the Chairperson-of the Provinciai •Commission may designate one of' the members nominated un<ilerclause (c) to be the Vice-Chairperson, 14. Powers and functions·of Provincial Commission.- ()) Subject to the provisions oflhisAct. a Provinci'al-Commissioirshall have the responsibility for laying down policies and p.lans for disaster management in th,; Province. (2) Without prejudice to the generality of provisionsspe.citied in sub-section \I ); the Provincial -Commission m.iy (a) lay down the Provincial -disaster manag cment policy; (b} lay down the Provim;ial Plan in a9cordai1ce witb the guideiincs laid down by the National C<,mmission; · ( c) approve'the disastc,· inanagement plans prepared by thi,, departmenls of the Provincial Government; (d) r-eview the implementation of the plan; (e) oversee the. provision of funds for rnitigatfon and preparedness measures; (f) review the ·development plans of the difrerent departments of the Province and ensure th&l prevention and mitigation measures ar<l 1ntegrated therein; and ' (g) review the measures being taken for mitigatio.n, capacity building,tnd preparedness by the departments of the Prnvincia) Government and issue-such guidelines or directions as may be necessary. (3) The Chairpers~m of the Provincial Commission shall , in the case or crnerget\cy. have power to exercise all or any ·of the powers of the Provincial Commission but the exercise ofsu<ih po,v.ers shall be subject to ex-postfac10 approval of the Provincial Commissioh. 15. Establishment of Provincial Disas.ter Management Authority. (]) Ea.eh P.rovit1cial Government shall, ;is soon as may be after issue of the noti ficalio.n under sub.section(\) of settion 3, by notlfication it1 theoffidal Gazette, establish ii Provinc ial Disaster Management Authority for the Province . (2) The Provincial Authority $hall consist of such number of members as may he prescribed and.shall include as its Cbairperson the Provinci.al D.irector General or Provincial RcliefComrnis~ioner. 1',"IT I] 'fl lE GAZETftOI' PAK!S1:A.N, EXTRA .• DECEMBER ii, 20!0 739 (3) There shall be a Director General of the -rrovincial Authority, to be appoimed l>y the Provincial Government, ,virh the Status and pow.ers on such terms and conditions, as may be prescribed by the Provincial Ciovcrnmen1. 16. Powers and Functions of Provi11cial Authority. (1) Subject to the provisions of th is Act, a P1•ov1ncial Authority shall be responsible for implementing policies and plans for disaster-management in the Province. (2) Witliout prejudice to the :generality of tbc foregoing proviskms. the Provinc ial Auth.ority·may (a) (b) (c) (d) (e) (!) (g) (h) (i) (j) (k.) forlliulate the provinch,I disaster management policy 9btaining th.e approval of the Proviilci,i l Commission: co-ordinate and monitor the unplerncntalion of tbe National Policy, National l'l~n and Provincial PJan; examine the vulnerability of different jlarts of the Province to different d isa&ters and specify prevention or mitigalion ,neasures; lay do wn guidelines to be followed for prepanttion of disasti:r 111anageme1;t plans by the Provincial departments and District Au(horit.ie s; evaluate preparedness at all governmental or non.-governmental -levels t<i> respond to disaster and to. e<1h·ance preparedne-ss; co-6rdina/e response in the event of disaster; give directions to any PtQvincial department or authority regarding act ions te be-taken ,n re~ponse to disaster; fJromote general education, awareness and community traini11g in this regard; provide necessary technital assistance or give advice to District Authori ties· and local authorities for carrying out their functions effectively; advise the Provincial Go.vemn\ent regarding all fin~ncia) matters in relation to ttisaster management; · examine the construction in tlie areli and if it is .of the opinion that 1he standards laid down haveno.theen followe<l.'itmaydirecrfor following the same. to secure compliance of such standards.; \ l'1 II!. GAZETTE OF PAKISTAN, EXTRA., DECBMBER 11, 20HY LP,\lrr J (1) ensure th.a! communication systems itre in order and d is.aste ,• management drills are being c,tn·icd out regularly; and (m) perfomi suchother fonctions as.may be assigned to it by the National or Provincial Authority. 17. Provincial Plan.-( I) There shall be-a plan for disaster management ior every Province to be called the Provincial Dis;ister Manageme.nt Plan. (2) The Provincial Plan shal I be prepared by the Provincial Authority having regard to the gufdel ines laid down by the National Authority after·consulta1io11 with the Distrlct Government. (3) The Provincial Plat1sball include (a) the vuh1erability of different parts of !he Province to di ifcrent fonns of disasters; (b) the measures )O be adopted for prevention and mitigation of disasters; ( c) the manner in which the mitig~!ion measures shal l be integrated with the development plans and prOJCCts;. • (d) the capacity bui lding a11d preparedness measures lo tle taken; (e) the roles and responsibilities of each Department or the Government of the Province in relation 10 lhe measures specified in clauses (b), (c) and (d); and (l) the roli:.s and responsibililie.sot'ditforent depa11ments of the Government of the f>rovince ui responding lo any threatening disaster s1wa1ion or disaster. (4) The Provincial Plan shall be reviewed and updated annually. CHAPTER IV 0tS't RICT DISASTER MANAGEMENT AUTHORITY 18. Constitution of District Disaster Management Authori!y.-( I) Each Provinci:1I Government shall, as soon as may be after issue of noti fication under sub-section (1) of section f3., by n.otification in the official Gazette, establish a Dimict Disaster Management Authority for every district. P,,RTll THE GAZETTE OF'PAKISTAN, EXTRA., DECEJ\1BER f t, 2010 74 1 (2) The District Aothority shall consist of such number of mernhe,·s, as may be prescribed by the Proviucial -Govemment and unless the rules o therwise prov.ide, it shall c0nsist of the following members. namely: ( a) he~d oft he local council at 1he district level (by whatever name cai led) who shall be-Ch,tirperson, ex-ojjido; (b) ihe District co,ordination Officer; (c) the District Police Officer ex-ojJicio: (d) the Executive Dislr'ict Officer, Health; and ( c) such other district level oft,cers, 10 be appointed by the District Government. 19, Powers.ofChairperso11 ofl)istrict Authority.- (l )The Chaiq>erson of the District Authority shall, in the case of an emeqiency, have power to exercise ;111 or any of the powers of the. District Authority but the exe(cise of such powers shall be subject to ex-post fac10 . .approval 'of-the District Authority. 20. Po,te1·s and functions. of District Authority.- ( I) Subject \o the prov isions of this Ac1. the District Authority shall be as the dis1rict planning, co ordin11Jilig and implementing body for disaster management and take all measttres for the purposes of disaster manageme,11 in tlie dislrict in accor(jance- with the guidelines l,ilddown by tile National Authority and the Pcovincial Autbority. (2) Without prejudice to the generality.of the foregoing provisions, the District A u1hority may ( a) prepare a disaster management plan ii1cluding dis trict re.sponse J>lan for the district; {b) co-ordinate .and monitor the irnplemen.tation of the. National Policy, Provincial Policy, National -Plan, Provincial Plan and Di'strictPlan; (o) en.sure that the areas in the d istrict wlneruble, o disasters are identified and measures for che prevention·ofdisasters and the mitigation.of its e ffec1s. are undertaken by the depart men ls of tl1e Government at the dis tricl level as well ,ts by the local authcirities; (d) ensur~ that the g uidelines for preven.lion. mitigation, preparedness and respo11se n,ieasures as laid down by the National AuthQrrty and the Provi11cial Authority are followed by all departmen·ts of the Govemmeni aJ the dishict level and the local authorities in the dis trict; 742 THE .GAZETTE OF PAKISTAN, EXTRA., DECEMBER I I, 2010 [l'AKl' I, (e). give directions to differem authorities at the district level and local authorities to take such other mea.5ures for tt,e prevention or mitigation of disasters as may be necessa ry; (t) lay down guidelines forpreparati.on of disaster management plans by the departments of the Governmen\ at tbe districts level and local authorities in rhe dfatrict; (g) monitor the m1plenl"entatiort of disaster managemenL plaris prepared by· the departments of the Governmen1 a1 the district !eve!; (h) lay down guidelines to be followed by the departments of the Government at the district level: (i) organize and co-01:dinate specialiied trainiilg programmes for-different levels of officers, employees and voluntmyrescue workers i n ihe district: LJ) facilitate.community training-and awareness programmes· for preveniion of d isaster or mitigation with the support o f local authQritles, governmental and non-governmental org,tnizations: (k) set up, maintain, review and upgrade the mechanism for early warnings and-dissemination·of proper information to pub I ic; (1 ) preparc,review and update district level responSC·plan and guidelines; (tu) co-ordinate. with, and give guideline~ to, local authorifies in the-district co ensure.that pre-disaster and post-d"isaster m,magemem activities in the district are carried out promptly and effeccively: (n) n;view de.velopmem r>lans prepared by the departments of the Government at the district level, statlltory autl1orities or local authorities with a v iew to make necessary provisions therein for prevention of disaster or mitigation, (o) idenrify buildings and places which could, in the event of disaster situation, be used as relief centres or camps and make-arrangements for water supply and saniiation in- such buildings or places; (p) establish Stockpiles ·of re lief and rescue materials or ensur~ preparedness to make·such materials available at a short notice; (q) provide infom,ation tQ the -Provincial Authoricy relating to different aspect5 of disaster management; P,\lrr I J 1'ME G,\ ;?,F.TTB OF PAKISTAN, EXTRA., DECEMBER 11 , 2010 74 3 (r) encourage 1hc involvement of non-governmental organi2<1lions and voluntary socia l-wel fare institutions working a1 the grassroot level in 1he district .for disaster management; (s) ensure comnrunication systerns are in order and -disaster-inanagemen! dri lls are earried out periodically; and (t) pe rforin such othe r functions as the Prov inc ial Government or Provinc·ial Authority may assign to H or as it deems nece-ssary for cjisas te r management ii1 the district. 2 1. District Plan,-{ !) There shall be a plan for disaster managemen1 fo,· i'-very district o f the Pto.vince. (2) The Distr-ict Plan shall be prepared by the 'District r\ulhorily having regard 10 the National Plan and the Pr9vincial Plan. (3) The District Plan shall he reviewed and updated annua lly. 22 Addil ional powers of District Authority,- F:or the purpose of assisting, protecting or prov.iding relief to the community, in .response 10 any disaster, the Distric1Authority may (,l) give directions for the release and u~e of resources available wirh any di;par1men1 o f the Governmentand the local authority in the district; (b) control and restric(vehicula,· traffic to, from and ,withln, rhe vulnerable or affected area: (C) co ntrol and restrict the entry o f any perso n it)lQ, his movement with in and departure from, a vulnerable or affec ted area; ( d) r.emovt, debris, conduct search an<l carry out rescue operatro.ns: ( e) r rovfdc shelte°r, food, drinkingwater and essential prov isior\s, health ea.re and servit es; ( f) establish emergency co1i.1mtl)1ica tion systems.i-il the a ffected a rea; (g) inake arrangements for the disposal of the unc la imed dead bo<lies; (h) d irect any department of the Go.veniineni of the Province or any authority or body under that Governmen.t at the district leve l to wke such measures as are neeessary in its op inion; 744 THE GAl?.61'TE OF PAKJSTAN, EXTRA., D)'::CE.MBEll- 11, 2010 (i) T.equire cxpe11s and consultants in the .relevant fields to ad vise and assist as it may deem necessary; (j) procure exclusive or preferential use of amenities from any authority orpersou; (k) consu·uc( l<;:mpora1·y bridges 01· other necessar-y structures and demolish structures Which may be hazardous to puhl tc or a~ravate the. e ffocts of the disaster; (I) ensure that the non-governmental organizations cimy out their activities i.n an equitable and non-discriminatory manner;and (111) take such other steps as may be required or warranted to be taken i11 such a situation. Clf APTER V MEASURES 8 Y THE -GOVERNMENT FOR DISASTER MANAG~; MENT 23. Federal Government Ill take measure.- (· I) SubJecf to !he provisions. o.f \his Ac.t, the federal Government may cake all such measures as it deems neuessary or expedit!nl for the 1>urpose of ;fo,isler man~gemem . .(2) in particular and wilhout p1·ejudice to the generality of the foregoing provisions, tbe meas\lre.s Which the federal Government -may take s.hall include meas1tres with respect to all or any .ol' the following nJarters., namely: (a) co-ordination of actions of the Mjnistries and Divisions of the Federal Gov~mme,nt, Provincial Governments, National Authority, Provincial Authorities; govemmemal and non-go1>1emmemal organizations in relation to disaster mana~cment: (b') co-operation and assistance t.o Provincial Governments, as rcq11ested by them or otherwise dceme.d appropriate. by it; (c) requisition and deployment of anncd forces. civil am1ed forces 01' aryy other civilian personnd or foreign c.onti11gents required fer thei)urposes of this r\ct: (d) co-ordination with the United Nations' agc11c1es, international organizatiof!S and governments of foreig11 countrie$ for the purposes of this Act; · (e) es tabl ish insti tutions for research, trnining and developmental programmes in the Cie.ld of disaster nianagement; and l'Al<:r il 'THE G,\ZETTE OF P,tKISTAN, EXTRA., DECEMBER 11, 201() 145 .( f) such other malters as it deems necessary OF expedient for the purpose of securing effeci ive implementa,tion of the .provi"sions of\his Act. • (3) The Federal Govemment may extend such ~uppon to oihe,· countries affected by majonlisaster as it may deem appropriate. 24. Provincia l Govermllent to take measurcs.-Subject to the provisions ofchis • .\cl each P.rovjncial Governn)entshall take al l measures specified in the g11idelines laid down by the Nat,ooal Authority and ~u.;h further measures as it deems necessary or expedient for. the purpose of' disaster management. CHAPTER VI LOCAL AUl'HORlT[ES 25. Functions of the local authority.-(1) Subject te> the directions of the District Authority, a. local authority shall (a) ensure thai its oCficers and employees arc trained for disaster management; (b) ensure that res<>urccs relating to dis;1stcr managem~nl arc so maintained as to be readily available tor use in the eveDt of any threatening di.saster s ituation or disaster; ( c) ensure that all construction projects under it or within its jurisdiction conform to the standards and specificmions laid down for prevention of disasters and mitigation l?)' the National Autnority, Pro,.,incial Authority artd the District Authority; and (d) carry out relief, rehabilitation and reconstruction activities. in che affected area in accordance with the Provincial Pla,i and the District Plan. (1) The l0cal ai1thority may take such other measures as may be neces~ary for the disaster n1anagement. CHAPTER VII NATtONAL INSTITUTE OF DISASTER MANAGEMENT 26. National lnstilute of Disaster ivtnnagcmcnt.-(1) With effect from such date as the Federal Government may by notification in the official Gazeue" a1)poi nt in this behalf, there s hall be established an institute co be called the National r 11~1itute or Disaster .Management. 746 fHE QA.Z(:ITI; O~ PAKISTAN, EXTRA,, DF,CEMBER 11, 2010 (P,,RT I = ====~~============== (2) Sub ject to the provisions of this Ac.l the Na.tional Institute of D1sastel' Management shatl be responsihle for planning and promoting training and research nnd dcveloJ>ing core competencies 'in the lirea 8f disaster management, do;auncntmion and development of nation.ii level infonnatiol) base relating-to disaster m,masemenl policies, prevention mechanisms.and mitigation measures. (3) Withot1t pr~j11dice to the genc.rality of the foregoing provisions, lhe Na,ional J11stitute, for the discharge.of its functions, may (a) develop training modules, undertake research and documentation in disaster management and organize !mining programmes; (b) fo rmulate and implemen t a comprehel] s ivc human resource developm~nt pJa11 covering all.aspects of disaster management; (~) provide assista'noe in national level policy formulation; (d) pl'ovide required -assistance to !lie trniniJrg and-research in.stitutes. ror develQpment of trn1ning and research progl'ammes-for stakeholders including Govemni'ent functionaries; (e) provide assistance ro the P.rovinciitl Governments in t,hc formulation of Provincial level policies, srrategies, disaster management framework aod any other assistance as may be requrred by the Provi ncial Governments for capacity-,bui l,ding of s takeholders, Government including its functionaries, civi I soc1ery members, corporate sector and peQpJe.'s elected. representatives; (f) develop educational · materials for disaster management inc luding. academic and professional courses; (g,) promote awareness-among st1keholders. including college or sc.hool leachers and s!udenis, lechnical perso1111e1· and others associated with multi-hazard mitigation, prepared11~s·and response measures; (h) •d0 a'll sue}, other lawful'things as. are ·conduc.ive 01· incidental to rhe aitainmenl of the above.objects; and (i) undertake any other function as may. ·be ass igned to it by the Pederal Government. THEGAlEITE OF.PAKISTAN, EXTRA,., DECEMBER 11, 2010 747 CHAPTER VIII NATIONAL DISASTER RESPONSE FO.RCE 27. E,stOlblislnn ent of National Disaster Response .11orce.-(1) 1 hcrc shall be established.a National'Disaster Response For.ce for the P,urpose of specialist response to a threatening disaster Jituation or disaster; I (2) Subjeqt to the•provisions ofthisAct;the force sh~II be constituted in such 111amier and the conditions of service pf the m~mbcr.s of the Force shal I be such as may be prescribed. 28. Coµtrol, direction., etc.-The general superintendence, direction and control of the National Disaster Response Force shall vest in, aoo exercisable bY., the National Authori'ty. CHAPTER IX FJNANCE, ACCOUN:fS AND AUDIT 29. National fund for disaster management.-( I) The Federal Government may, by notification ii:t the Official Gazette, constitute a fund to be called the Natlbnal Disaster Management Fund for meeting any tlireatening disaster situation 01· disaster. (2) The National Disaster Management fund shall be fR)anced from the following sources, namely: ( a) grants made by the Federal Government; (b), loans, aid and.donations fromth~ national or international agencies; and ( c) do,iations rece,ived from any other sowce. (3) On commencemenlofthisAct, the-followio,g•fuads shall become part of1he National Disaster Management Fund, n~mely: (a) Prime Minister's Disaster Ri!liefFund; and (b) any other fund re!atable to n.atural calamities estal:ilfsbe<l at Federal level' as the;, Federal Government may determine. ( 4) The National Disaster Management Fimd sl) all be kept-in one Orniore accounts maintained by the National Autl)ority, in localot foreign currency, in any 748 THE GAi.)JITTE OF PAK;{S1i\N, l;:)0'RA., DECElvfBF.R' 11, 2010 [PART I scheduled bank in Pakistan and shall be operated.in accQrdance with the directions Oflhc NflliOllill t\uthorrty. (5) The National Disaster txlanagementfond shall be administered by·the National Authority towards meeting the e~pense,s for emergency preparedn,;ss, response, mitigation, relief and r.econstmction. 30. Estab\is'!J.ment of fun ds by Provincial Governments,-(]') The Provincial Governments shall , immediately aftecnotifications issued for constituting lhe P rovinclafAuthority and the District Authorities, establish for the purposes of this Act a fund to be called the Provincial Disaster Managenient Fund. (2) Th'e Provincial Disaster Management Fund sl1all be financed from the following sources, namelf ( a') ' grants made by the Federal Govemrncnt or Pr.ovincial Govemmenis: and (b) loans; aid a,nd donations from lhe nation al or international agencies provided in <\CCordance with prescribed procedure. (3) Tne Provincial Di~•aster Management. F.und shall be kepi in one or more accounts maintained by the ProvincialAuthority, in local 01· forei&,'11 currency, in any scheduled ·t1ank ip Pak•istan and shall be operated in accordance·with the directions ofthe Provincial A uthori!y. (4) The Provinc-ial Disaster Management Fund shall.be ad.mi.nistercd b}< the Provincial A u,thority towards meeting the expenses for emergency preparedness. response, mit'igation·, relief and reconstruction •in.tire Province, 31. Allocatilm of funds by Federal and Provincial Gover11mcnts. The Federal Government and PrQvincral Governments shaH. ln their mmual budgeis, make provisions for funds.for the purposes ofoanying out the activities a11d pro~mes set out in its disaster management pla11. 32. Emergency procurement and accounting.-Where by reas.on 9f any impending disaster s it11at/on or disaster, the National Authority or ·Provincial Al1l horily or Dfatrict Authority' is satisfied 'that immediate procurement-of provisions or materials or the irnmed(ate application ofrei;ources .. are necessary for rescue or relief it may authorize the concern.ed departmenfor aµ1hority to make the,emergency procurement and in such case, the standard procedure requiring inviting of tenders .shall be deemed to'be waived. THE GAZETTE OF PAKISTAN, EXTRA., DECEMBER: II, 2010 'CHAPTER X QFFF;NCES AND PENALTrES 749 33. P:uulshrilent .for obstruction, etc.-Whoever, without reasonable cause, ( a) obstructs any officer or employee of. the Federal Government or a Provincial Government, or a person authorized by the National Autho*y or Provincial Authority or bistrictAu1hopty in the discharge ofhis functioris under this Act; or (b) refu~-es to eomply with any dire~•tion given by or on behalf of the Federal Governmentor Provincial Government under this Act; shall be punishable with imprisonment for a tenn which may ex.tend to one year or. with fine or wi(h both and, if such obstruction or refusal to comply with such.directions results in loss of lives o~ imminent danger thereto, shall be punishabfo, with imprisonment fot 11 term which rnay extend.to tw9 years, or wiih fine, or with both. 34. Punishment for false claim.- Whocver knowingly makes a claim which be knows 9r lras reason to believe to be fa.lse for obtaining any relief or assistance for repair, reconstruction or-oiher benefits co~sequem to disaster from any officer of the Federnl Government, Pr.ovincial Government, National A uthol'ity, Provincial Authori(Y or DistrictAu!hority,shal.l !5e punishable with imprisonment for a term wliich may extend to two years or with 11ne ot' with both, 35, Punishment, for false warning,-Whoever makes or circulates a false alann or watning as to disaster·or its severity·or magnitude leading to panic shall he punishable with imprisonment which may extend ro one year or with fine. 36. Failure of officer in duty or his connivance at. the contravention ot the provisions of this Act.-Any officer on whom any duty has been. imposed by or un.der this Act and who refitses •to perform or withdraws himself from the du lies of bis office-sha!J, an less he liasobtaioed the express ,vritten permission of his officia l ~uperioc or has other lawfu l excuse for so doing, be p4nishable with imp1isonmerit for a tern, Which may extend to one year or with fine. CHAP-'T'ER Xl MlSCELLANEOtJS 37, Prohibition against disc,·imihation.- Whilepr-0viding compensation and relief to the viciims of disaster; there·shall be no discrimination 'on the gro,md of sc~, caste, community, descent orreligion. 750 THE GAZETl'E OF PAKlSTAN, E XTRA., DECEMBER 11, 2010 38. Power of requisition of resource~, provisions, vehicles, etc., for rescue operations, etc.- lf h appeal'$ to the .National Authority, Provincial Autl1ori1y or Di~11ic(.A,ithority or any officer as may be authorized by ,t in this behalf tlim (.~f any tesources with any authorit')' or,perso,ure neededJortlie purpose of pronipt response; (b) anrpremises ·are needed or likely to be needed for the purpose of rescue operations; ot (c) any vehicle is nee,ded or is like ly to be needed for the purposes o f transport of' resources· from tlisasier .affected areas or transport o f' resource to the affected ~rea ~r tmnsp.ort in connection w ith rescue, .rehabilitation or reconstruction, sueh authority may, by·order in writin g, requisition su.ch ,·esour.ces or premises 0 1· vehicle, us the case may be, ~nd may make such further orders as'rna,y appear to h 10 be necessary or expedient in this connection. 39. 1'~yment of ·cpmpensation.-When.ever .any aut.hority requi~itions any premises there shaH be p,iid to its owner compensation the amount of which shall be detem1ined by taking into consideration the rent payable iil respect of tlw premises, or if no rent is.so payable, the re11t payiible for s imilar-premises iii ihc locality: Provided that any owner· of premises being aggrieved by the amount o f compensation so determined may within thirty-days make an application to tlie Federal Government or the Provinciltl Government, as the case may be: P.rovided fm'ther that where there is any dispute as to the tiile to receive the compensation or as to the apportionment of the anioljnt of compeosation, it shal I be refecre<\ to the Federal Government or .tt)e -Provincial Government, as the ease may be. 40. Dircc~ion to media for commu nic-,itlon of warctings, etc.- Tl,e National Authority, a J>rovincia.l Authoriiy or a District Authority may give direc11on 10 any authority or person in control of any audio or audio-visual media.or such.other means of communication as roay b'e av.artable to carry out warnings or advisories regarding any impending disaster situ<1tion.ordisaster, and such authority 01· person shall comply with such direction. 4 I. ~ nnual rep.ort.-(1) The National Authority shall prepate once every year, in such form and ai sucli time as may \)e prescribed by rule~, an annual report giv ing a (rue and foll acc<:>unt of its activities during the previous year and copies • THE G-AZ:ETTE OF PAKISTAN; fiXTRA., DECE.1"1.BER 11, 2010 75 1 thereof shall Ire fotwarded -to the-Federal Government wl:tioh shall lay it before. the National Assembly and .the-Senate. ~) The Pro;\iincialAuthori.ty and the District A1{thority shall ptcpare once every year, in such form and at such time.as may be pres<:db~ bi rules, an annual report giving a true and full aceount of its activities during the previous year and copies .thereof shall be forwarded to the Prov.ineial Government which shall lay it be.fore the Provincial Assembly. 42. Bar of jurisdtction.-No court or t,r(bttnal shall have ju risdiction 10 entertain any suit or proceeding in respect of-atiything dlone, action taken, orders made, direction, instruction or guideiines issued by the Federal Govemmenf, Natio1111I Atlthority, Provincial or Disttic t Authority ill pursuance of any P.Ower confen-ed b)\ or in relation to its functions, by tl:us-Act. 43. l11demnny.- Officcrs and employees of I.he Fede{al Gove,rnment, National Authority, Provincial Government, Provincial Auilhority or ,District A uthoricy shall be iinmune from legal process in regard to any warning ,n -resp.ect of any impending disaster communicated or disseminated by them in their-otlicial capacity or any action taken or diretti.on•issued by them in pursuance of such comn1unication or d isseil1 ination. '44. Actiqn taken in good faith.-No suit or prosecution or other proceeding shall lie in anY, court against the Federal Government or the National Authority or th.e Provincial Government or the Pr;w.in.d'al Authority or the Distric t Author-ity or-local authority or any office-r or employee ofiheFederal Government or the National Authori'ty or the Provincial Government or the-Provincial Auihorfty or the DistrictAuthority in respect of any work done or pu r-ported to have been done or intended to be, in good faith. done by .such authority- or Government or such officer or employee or such persoll' under the proviS'io~,s of th'is Act or the rule$ made-hereunder. 45. Delegation of powers to the NationalAuthority.-Tbe Commission may. foreffective implementatioo of the national 'POiicy on disaster manage'men!, by general or special order. delegate to the National Authori'ty any of its. powers or fimctions under this Act .. subject to $UCh conditions as it may chink flt to in.pose. 46. Act to override other laws.-The provisi,~ns-of this Ac!, shall have effect, notwithstanding anything.in any other law for the time being'in force. 47. Power to make rules.- TJ1e Federal Government and Provi ncial Governments may, by notification i,n the official Giizette, make.f\lles forcanying out the J)urposes of this Act. 752 THE GAZETTE OF PAKISTAN, EXTRA., DECEMBER ll. 2010 48. Removal of difficultics.- lf any difficulty ·arises in giving eflect to the provis ions ofthisAcl, the t'ede.ral Government or the Provincial·Governmem, as rfic case may be, may, by notification in the otiicial Gazette, make such.order, not inconsistent with .the provisions of tllis Act, as may appear to ic to be 11ecessary o,· expedient for the removal of the difficu\)y. RAJA MUHAMMAD AMlN, Secreia1y. VklNTF.'D BY THf. MAN,\GF.R. PRINT ING co·-p;1,i)RA'r.tON OF p.,.\KJST1\ N,PRESS, 1$~.,\MAl}AD. PUBI.ISl!l;o RY m e Of.PUlY CONTROLLER. STKrJONERY AND FORMS. UNIVf.RSffY Ro,, n. KARACl 11.