Earthquake Reconstruction and Rehabilitation Authority Act, 2011 (Act No. V of 2011)

REGl''TERED No M. 302 ,~ . . L.-7646 EXTR'AOROINARY PUBLISHED BY AUTHORITY ISLAMABAD, MONDAY, MARCH 14, 2011 PART 1 Acis, Or.dinance.~, President's Orders and Regulations NATIONAL ASSEMBLY SECRETARIAT Islamabad, the 12th MarcJt, 201/ No. F. 22 (52)/2009-Legls.-Thc following Act of Majlis-e-Sboora (Parliament) t·eceived the assent of the President on the 9'th March, 2011 and i" hereby pubTisb:ed for· general 1nformation: Acr No. V OF 20 I I An Act 10 provide for the establishment of 1/t,e Earrhquake R'eco11s1rnclio11 rmd Rehabilitation Authority ( ERRA} WHEREAS it is expedient to constftute an autoi10mm1s organization for post disaster damage assessment, ,recovery, reconsttuction and rehabilitation of the. areas .affected by the earthquake,, and ro provide for matters connected therewitll or incidental thereto; lt'ls hereby enacted as under: !. Short title, extent and commencement.- {I) This Act may be called the Earthquake.Reconstruction and Rehabilitation Authority Act, 20 Ii. (33) [219(2011)/Ex. Gaz.) Price : Rs. /0 .50 34 THE 6A7.:.ETI'E Of PAKISTAN, EXTRA.,.MARCH l4. 201 I fPART I (2) It extends to the whole of .Paki.stan. (3) lr shall corn~ into force at once and shaJ!I be deemed lo have taken effect on ,thc 1'' day of J:uly, 2007. 2. Definitions.- ln thi.s Act, unle~ there is anyihing repugnant in the subject or COnlCXI. (a) "a (foctcd areas' ' means areas affected by the earthqual<e and its afteN;hocks and notified as- such by the Federal GovcromeJlt. (b) ''Authority" means the Earthquake Recon:slruction and Rehabilitation Authorlty (ER~A); (c) "'Board'' means the Board o f the Aut:hori·ty established under sec tion 12; (d) "Chairman" mcan:,, Charr.man of the Authority; (e) "Co1mcil" means the Earthquake Reconstruction and Rehabilitation Council constituted undersectio118; (f) "Deputy Chairman" means Deputy Chairman of the Authority; (g) "ECNEC" means Executive Committee of the National Ece nornic Council; (Ji) "fund" means the fund established under section 15; (i.) " regulations" means ccgulations made under this Act; and (j) " t<!les" means rul~ made und.er this Act. 3. Establl~hmcnt of the Earthquake Re(;()nstruct.ion and Reltabilitatlon Authori.ty.-( I) 1mmediarely after commencement cif this Act, \he Federal Government shall, by notification in the official Gazette, establish the Earthquake Reconstr\Jction and Rehabilitation Authority (ERR.A) tbr carrying out the purposes of this Act. (2) Subject co the provisions, of this Act, theAutl'lcirity shall be autonomous in its functions and operations and-shall be a body corporate !having perpetual succession a nd a commim scar, with power to acquire, hold and dispose off property, both moveable and jmmoveable, and enter into contracts and shall by iis name sue and be sued. THE GAZf,TIE OF PAKISTAN, EXTRA., MARCfl J4, 20rt 35 (3) For the p1,1rpose of coordination. the AuthOrity will be admi,nislraii,,-ely attached with the.Prime Minister's Secretariat. 4. Principal offke.-The principal offke of the, Authority shall be in Jslamabad and it may establish regional offices at -such othe,· place or places a~ it considers necessary. 5. Functions of Autl1ority.-Subject to the p rovisic;,ns of this Act. tlie Authority shall be responsible for all reconstruction, rehabilitation andead,y, recovery programmes•and projects in the affected areas and, towards this end, may-pe1form the followin'g functions, na.mely: (a) to conduct surveys to assess damage aod cany out fot\irC planning in the affected areas; (b) to formulate a comprehensive umbrella de,velopment program to provide fo, (i) reconstruction of the government.buildings and ottices, LLti Ii ties and services, infrastrncture, roads, subways and bridges, potablt, watet . drainage syst~m, bealth and education facmties. to11rism, irrigation and agriculture facilities in the affected areas: (ii) environmental protection and rehabititat.iQn; and (iii) restoration of economic activiti'es and li velihoods: (c) to prevare resettlement and rehabili1atio11, plan for the affected population iu consultation with the respective Govemments of the affected areas: (d) to approve projects, programmes and schen,1es identified, prepared arrd submitted by the respective Government~ of the aff~ted ,i.reas: ( e) to take steps for monitoring aud evaluation o,i' the approved projects, programmes and· schemes~ (f) to prescribe 9ost-effectivetechnology, building codes or construction guidelines, architectural designs, specffical ions .. and constructio n materials for· housing 3.t!d other buUoings in !lie affected areas. to safeguard against future se1smic threats . (g) To {Jlcilitate the establishment. of the reconst ruc:tion-telated industry and business in the affected area$ iii consultz1tioo with the respective Govemmel\ts.; 36 THll OAZETrn OF PAKISTAN, EXTRA, MARCff 14, 2011 [P>..RT 1 (h) To perform such other functions supplemental, incidental or co11sequential, ro lhe purposes and funciion's aforesaid and any ot11cr functionassigncd ro it by the Federal Gc,l\'ernment in accor<lallce with the purposes of this Act; and (i) to keep the two Houses of M,ajlis•·e-Shoora (Parliament) informed of its activilies through six ,nonthly repons of its performance for discussion. 6. Powers of the Authority.-To perform its functions,. the Authority may (a) undertake any work, incur any expenditlll~, procute plant, machinery, services, equipment, vehicles and ~n.y othe:r move::,tbleand immoveable property, and procure stores required for the: implementation of approved development projects, programmes and.s:chemes; (b) dispose off su~b plant, J)ll).chinery, e<1uip1men.t, vehicl~s property and stQres as a.re no JO'n.ger required in the mam1er as prescribed by rules; (c) seek or call for any information from any person or any institution, department or agericy, as may be required for carrying out its purposes; (d) seek and obtain frpm any department or a1g.ency (including the armed forces) advice and assistance to disch;u:g~ its functions and for execution of its .approved projects, programmes and schemes; (e) appr0ve individual projects, programs.and schemes, wiihi'n the scope of the approved ,umbrella programme; (f) transfer any p1·oject on its completion to any·department or agency of the Federal Government or respective Governments of the affected areas: and (g) re-appropriate funds Jrom -0ne project, 1programme scheme etc . to another i,roject, ·programme or scheme, 7 , Management anC, administration.-( I) The general direction in all matrers i:>f policy and admioistration of.the Authority an,d its affairs shall vesUn the Council. (2) The Council may, by·general or special order, delegate to any body or any officer of the Authority to exer9ise any of its powers, duties O'r functions under this Ac t, subject to such conditions as it may deem fit. THE GAZETTE OF PAKISTAN, EXTRA., MARCH l4, 201 l 37 S. The Council.-(]) There shall be established th·e Earthquake Recons(ruction and Rehabilitation Council which shall c,onsist of the following members, namely: (a) Prime Minister of Pakistan (b) :Prime Minister of Azad Jamma and Kashmi1· ( c) Chief Minisicrs of Punjab, Khyber Pakhtunkhwa, Sindh and B~ •chisrnn (d) C)liefMinister, Gilgit-Baltistan (e) The Federal Minister for Finance pr Advisor to the Prime Mfoister on Finance as the case may be; and (f) Deputy Chairman, Planning Commission Cg) Chairman bf the Aulbority (h) DeptityChaimian of the Authority (i) two members each from the National Assembly and the Senate to. be .nominated by the Spealker and Chairman respectively in consultation wiuh the Leaders of the House and ·Leaders o f the Opposition in the two House. Chairperson Member Members Member Meqiber Member Member Member Members (2) The Council may co-opt such other members as it deems n'ecessary for the conduct of its. business. (3) The Federal Government may, by notification in the Official Gazette, increase ihe membership .of the Council. 9. Functions of'the Council.-TheCounci! shall provide policy guidelines and approve the policies, plans, pro gmmmes, projects and scheme, submitted by the Chairman or the Board. 10. Chairman oftheAUthority.-(1 )The Federal Government shali appoint Chairman of the Authority in accordance with the qualifications and procedure laid down by the Council. Jhe Chairman shall be responsible for the policy matters for such perfod.aitd such·terms and conditions as·may be determined bY the Council. 38 'THE OAZfffrE OF PAKIS'.fAN, EXTRA., (l,IARCH 14. 201) [PART! (2) The Chairman shall perform such fum:tio-,1 11nd carry Qui .such rospoosibili ties as may be delegated.to him by the Council or theJ3oard. 11 . Deputy Chairman of the Authority.-( l) The Federal Govern,nent shall appoint Deputy Chairmanfor such period and 01Hmch terms and.conditions as the Council may determine-. (2) The Deputy Chairm~pshall N ~Sp!)nsible for the day-to -day administration oi' the Authority and may exercise $uch administrati.ve and financial powers as delegated to hill! bY, the Council or the ~oard. I 2, The Board.-(!) There shall be -a Board which shall be responsfble for the implementation of the approved policy decisions, plans, programmes. projects and scheJlles a))d shall have such administrafive and financiaJ powers as may be delegated to it by the Council. (2} The Board shalT consist of the following members, namely: (a) Chai.o:oan of the Authority (b) Deputy Cha.irman of the Authority (c) Additional Finance.Secretary (d) Additional Secretary Defence (e) Additional Secretary,.PlanningD.ivision (f) Additional Secretary, Economic Affairs Division (g) Chief Secreta,ies of four Prpvinces and Gilgit-Baltistan (h) Chief Secretary, AJ&K (l) Four representatives of civil society 10 be nominated by the Federal Government (j) A representative of civil society to be nominated by the Government of an affected Area. Chairma11 Member Member Member Member Member Members Member Members Member (3) The Deputy Cb.airman of lheAutho1ity $hilll also act as Secretruy of the Board. PARrl] TH£ GA7.EITE OF PAKISTAN. EXTRA., IV!AR'CB 14, 2011 3\1 (4) The Board may co-opt -such other members as ;i1:e decmed:neces$ary for the conduct of its business. (5) The terms and conditions of the non-official members and their privileges will be·such as may be determined by the Co11ncil. (p) The Federal Government may, by notification in the official Gazette, increase or decrease the membership of the Board ,md for that matter amend sub• section (2) so as 10 add any· entry thereto Of modify or 011rit a11y entry therein. \3 . Powers and functions of the Board.-(! ) T'.he Board shall exercise such ppweis and perform such functions as the Council may ·assign lo ii. (2) Subject 10 the provision of sub-sectio,, (l) and subject to the ·overall supervision and control of the Council, the Board snail perfonn the following functions. n~mely: (a) approve projects upto one billion rupees and any project bey◊Jld that limit shall be submitted t:o ECNEC for approval; (b) approve the budget and accounts; (c) consider the quarter!',' and annual repmis of the Authority for rnaking recommendations t<> the Council; (d) appoint advisors a1\d consultants and deteimine their copditions of appointmeni; aod (e) constitute such .committees as it may consider appropriate. 14. Meetings.-( 1) Meetings of the Council and c,f the Board shall be held at such time, place and in such manner as may be specified. (2) The Council shall meet once ,n th~ee months or as often as the Chairman of the Council may direct. (3) The l}oard shall meet as often as is expedieni IO di,scharge its responsibilities and shall prescribe procedure for regu\ati'ng its proceedings. ( 4) The decision.~ of the Cour1cil and of the Board shi\11 be taken by thert1ajoricy of members present and, in the event of a tle, the Chairp,erson or, as the case may be, the Chairman shall. have-a.casting vote. THE GAZErrE OF PAKISTAN. EXTRA .. MARCH 14, 2011 fP,\I\T 1 15. E~RA Fund.-(1) Thecc shall be established a fund for reconstruction and rehabilitation to be<known as the ERRA Fund whicb, shall vest in and be utilized by the Aurhority to meet rhe expenses and carry out th,: objectives of this Act. (2) The fund shall eonsist of (a) such sums as the Federal Government may, from ti roe.to time, aUocare to it; and (b) all 01hersums.orproper1ies wbich may in a,ny mannerbeeomepayable to, or vest in, Aurhoriry. 16. A n1111al budget.-The Authority shall prepare its annual budget.for ell.eh tinan-cial year, to oeconsidered by the Board, for submission to the Council for final approval. 17, Accounts..--TheAutbodty shall m;rintaln complete and accurate books of accounts and shall, after the end of each financial ye;ar, p~pare for the financial ye.ar a statement of acco.unts of theAutho1ity in such foi:m-as niay be prescribed by the Controller Oenerai of Accounts for submissio1tto the Federal Goveroment. 18. Audit.-0) The accoums of.the Authority shall be audited annually by (he Auditor-General of Paktstan. (2) The Authority; in addition to the audit by theAuditor General, m~y cause its ai:cot,nts to be audited by internal auditors and arrange for third party validation of r!le projects on need basis. 19. Exemption from taxes.-Notwithstandi11g anything , ontained in the Income Tax Ord.inance, 2001 (XLIX of200I), or in oth,~r law for the Ji me being in force relating to income-tax. capltal g,lins-tax. the Authority shall not be liable to pay and shall be exempted' from paying any such tax.es .~s aforesaid on its incomes. profits.or gains. 20. Appointment of officers, etc.-(1) The Board may, from time w time, appoint such officers, employees, experts and consu.ltants as it may con.s ider necessary for the performance af its functions. (2) The Board shall, prescribe by regulations· the pm.cedute for appointment of its officers, employ,ees, experts and constlltants and the te,:m.s-and i:onditiollS of their service. il . Retm•ery of dues.-Any s.um .due to the Autlhority shall be recoverable ~l~ arrears-o f land revenue. Pmll Tl'fE-OA:?\EJT,E OF PAKlSTAN, ~XTRA., MAB:CH 14, 20ll 41 22. V111idity of proceedings.-No act, decision or proceedings of the Authority or its Council or.So<l!'d shall be invalid by reason only of the exi~tence of a vacancy in; or defect in the coostitution of, the-Authority· or its:Council or Board. 23. Indemnity.-No suit, prosecution or othe,· legal proceedings shall lie against the Authority, the Council, the Board, the Chairperson, the Chairman, or any merol:>er, officer, servam, advisor, consultant:or expert.of tire Authority, for-anything <lone in goQd faith· under this Act. 24, Offi.ce)'s etc,,.,to be public servant.-Every officer, employee expert and consultant of the Authorily shall be deemed to be a public servant w:itbin the meaning of section 21 of the Pakistan Penal Code, 1860 (Act XLV of 1860). 25. Ordinance XCI of 2002 not to apply to the Auth9rity.-Nothing contained'in the Industrial Rel/ltions Ordipance, 20.02 (X.C!l .of 2002), shall apply to, or in relation to, the Authority or its establishnients ot in it:, officers or employees. 26. Winding up of the Authority,- No provision of any law tcfaiing, 10 winding up of bodies corporate shall apply to the Authority and the Authority shall no1 be wound up except through resolution passed by b,:)th Houses of ,Majli.H~ Shoora (Parli<!ment) .. 27. Powers to·roake niles,--'The Council may, by rno1ificarion in the official Gazette, make l'Ules for carrying out the purposes of this /\et. 28. Powers to make regulations.-The· Board miiy make regulations not inconsistent with this Act and lhe rnles made thereunder, to provide .for all matters for which provision is necessary or !!Xpedieot fbt carrying, out the purposes of this Act. 29. Removal of difficulties.-!( any difficulty arise.sin giving effect to any o[ the provisions of this Act.. the Federal Government m,~y make such order, not i nconsistem with the provisions of this Act as may appear 10 be ne.cessary, for the purpose of removing the difficulty. JO. Powe,r of the Fcderal-Governmen.l to ~ue directives.-The Federal Government may,M and when ii -considers necessary;lssue directives to the Autfl<;irity on matters of poHcy, and such directi-ves shall be binding on the Authority ~nd if a questio.n arises whether any matter is a matter of policy oir not, the decision of the Federal Government shall be final . 3J. A<:t to override other laws.-The pl'Qvisions of this Act shall have effect notwithstanding an,ything-inconsistemcontained in any othel' law for the (ir-n.c being in, foree and any suc.h law, rule or regulation sha11l, to the extent of any inconsis.tency1 cease to have effecrfi'om the date:thisAct comes into fol'ce. 42 THE GAZETTE OF PAKISTAN. EXTRA., MARCH 14, 2011 [PART I 32. Repeal and saviogs.-Upon the commencement of thls ,Act (a) the Prime Minister's Secretariat's Not\fication No. P.1(4)12005-t,dmin, dated 24th October, 2005, shall stand resc·inded: (b) all funds, properties, rights and interests of whatsoever kind issued. used, enjoye.d, possessed or owned, vested in the Earthquake Reconstruction and Rehabilitation Authority (ERRA) in existence before• such commen<:emept and of liabilities legally subsisting against.the said Authority-shall pass.to· the Authority estabLi'Shed under this Act; and ( c) all employees; advisors, consultants andl experts appoi.nted by the Authority in existence before the comm,encement of this Act shall become.employees, advisers, consultants.and experts oflheAuthority established un der this Act. SYED MUNAWAR ABBAS, Aclif!,8, Secretary. PRIN'rED BY THE MANAGER, PRI.NTING C\)RPORATION OF PAKISTAN PRSSS, JSLAMABAD. rUBUSHEO Q'y 1'HF,' ·DEPUTY CONTROu..ER, STATIONERY ANO FORMS, UNIVERSITY ROAD, KARACHt