National Disaster Management Organisation Act, 1996 (No. 517)

THE FJVE Hl!NeMD AND SEVENTEENTH ACT OF THE PARLIAMENT OF THE REPUBLIC Of' GHANA EMTITLED Th"E NATIONAL mSASTER MANAGEMENT ORGANISATION ACT, 1996 AN ACT to establish a National Disaster Management Organisation to be responsible for the management of ar~as affected by disasters and similar emergencies, for the rehabilitation of persons atfected by disasters and to provide for related matters. DATE OF ASSE)ff: J/th September, 1996. BE IT ENACTED by Parliament as follows PA.Ill' l-13.iTABUSHMBNT OF THE OllGANISATION Act 517 1. (1) There is established by this Act a National Disaster Establish• Management Orpnisation in this Act referred to as "the rnent or Or1anisation" · · ~he 9rgu• • 11at1on. (2) The organi sation shall have offices at .tl\e i:ia,tio~al rea.ional and district levels . . 2. (J) The .o~ject of the O~ganisation is to manage Object disasters and sumlar emer1enctei in the countzy. and lune, tions of the Orga nisation. Act 517 National Disaster Mana&ement Orzanisation Act, 1996 11:ombor s 'lip of Or&ani~a tion an..; qualifica tion of mcmb•ri;, (2) For the purposes of subsecti()(l (1) the Organisa tion shall (a) prepare national disaster plans for preventing a::id mitigating the consequences of disasters; (b) monitor, evaluate and update national disaster plans; (c) ensure the establishment of adequate facilities technical training and the institution of educational programme~ to provide puolic awareness, warning systlimS ~1nd general pre,. paredness for its staff and the general public; (d) ensure that th.ere arc appropriate and adequ::i.te facilities for the provision of relief, rehabilita tion and recon'.-aruction after :my disaster; (e) c3-ordinate locai and international support for digaster or emergency control relief services ~nd r1:c.n~trnc:ion; 2.nd (J) perform any other functions that are inciden tal to the functiom specified. 3. (1) The Orgarjsatio11. shall c<Jn.si..:.t of fo) professio1:ab, experts, c~nsultants, offic.::rs and empioyee~ of public inst1tut1ons and non governmental organisations; and (b) such volunreer:-. as may b;:: registered under this Act. (2) Any person who hM o.ttuined the ngc of six.teen ye2rs or more and is resident in Ghana may voluteer to rei:ister as a member of the Organisation. (3) An application for registration shall be made to the governing body of the Organisation or to such other person ~s the goverriin& body may direct and shall be in the form and contain the particulars that the Council shall direct. ( 4) The Organisation may mate use of any resource and service oi a mt111btr. 2 National Disaster Mana&~m~nt Orzanisation A.ct, 1996 Act 517 4. (1) The governing body of the Oraanisation shall be : 0lern;n1 !~e Nation~i. Security Council referred to in this Act as o~iiin1,a the Council . tion. (2) The Council· shall be responsible fur determining the policies of the Organisation. 5. Tvfembership of the Organisation shall be subject to Term~ ud. such terms and conditions as the Council may determine. ~i,:,nn~~ 6, The Minister responsible for th-~ interior shall responsible for the Qrganisatioa. PART II-DISASTER MANAGEMENT COMMITTEES b~ Ministerial respo:i,i. ltility 7. (1) The Council m:1y for the purposes of this Act Comrait appoint such committees as it considers necessary and may tii' assign them such functions of the Organisation as it may ~o~~\H. determine. (2) A committee appointed under subsectio:i (I) of this sectioa may co11sist of members of the Council or non-members or both. 8. (1) Without prejudice to section 7 of this Act, there N~tion11.i is her~by established a ~ational Disaster !vf~na~:ment ~ 1::!~e:." Committee referred to as tlli.; Nt1..t1om1.l Committee -. ment Cc ordination (2) The N3.tional Committee sh1ll consist of the Corrunittoe. tollowir:.g membcrs (a) the Jvfinister respo:1sible for the Interior who shall be the Chairman; (b) a represer,tative from eachofthefollowing-the (i) r,.,;Iinistry of the Interior; (ii) IVfinistry of Finance; (iii) Jvrinistry of Health; (iv) l\1inistry of Employment and Social Welfare; (v) hifiaistry of Infonnation; (vi) MinisLIJ of Lm,Jl GoYcrnwcm and Rural Development ; 3 Act 517 National n;sa.vter Managn~nt Organ;sation Act. 1996 (vii) Ministry of Defence; (viii) Ministry of Environment, Scienoc,; and Technology; (ix) Mi,1istry of Transport and Com• munications; and (x) National Development Planning Commission; and (c) the National Cci-ordinator of the Organisation who shall be the secretary to the Committee. (3) The Regional Minister of the region where a disaster has occurred shall be a member of the National Committee for the duration of the disaster. ( 4) A representative of a Ministry appointed under this section shall not be below the rank of a chief director. Mc:ctings 9. (1) The National Committee shall meet at such or ~e times and places as the Chainnai:i, shall determine but ~==~'tee. shall meet at least once in every three months. Eo.11.etions cif the National c,unmittce. (2) The Chairman shall preside at the meetings of the National Committee but in hh absence one of the members elected from among their number !!hall preside. (3) The National Committee may c-o-opt any person to act as an adviser but a co~opted person does not have a right to vote. (4) The proceedings of tbe National Committee Shall not be invalidated by any vacancy in its memberShip or any defect in the appointment or qualification of a member. (5) Except as otherwise provided in this Act the Na tional Committee shall regulate the procedure for its meetings. 10. The National Committee shall (a) be responsible for the implementation of national po1icies on disasters; (b} ensure an effective flow of information on disasters between tbe national, regional and district capitals; 4 National Disaster Management Organisation Act, 1996 Act 517 (c) in the event of any disaster, assess the extent of damage and the needs for the affected area~ and report to the Council: (d) co-ordinate regional and district disaster ma nagement plans and activities; (e) identify, receive, manage and supervise relief items; (f) investigate reports and analyse tbe nature of hazards, vulnerability and risk situations in particular areas and ensure the operational readiness of regional and district disaster management committees in those areas; (g) collect and preserve data on disasters in the country; (h) take steps to ensure the efficient training of organised personnel and other persons avail able for emergency or disaster duties; (i) compute for the benefit of the Councr1 • necessary requirements for the effective run ning of the Organisation each year; and (j) disseminate information to educate the public on (i) human activities most likely to cause environmental disasters in the country; (ii) the hazards and natural disasters which are likely to affect the various regions in the country; (iii) action to be taken in the event of a disaster of whatever nature; and (iv) the control and relief measures most likely to be taken by the state ~nd the necessity for everyone to co opera te with the authorities on these occasions. 5 Act 517 The National Co-ordi a,Hor. Regional and district co-ordi aator. Regional Disaster Managr• m~nt Com· I 11ttae1. National Disaster Management Organisation Act. 1996 11. (1) Tbe Organisation shall have a National Co ordinator referred t.b in this Act as "the Co-ordinator" who shall be appointed by the President in accordance with the advice of the Council given in consultation with the Public Services Commission. (2) The Co-ordinator shall hold office on such terms and conditions as shall be specified in his letter of appoint ment. (3) The President shall, in making the appointment of the Co-ordinator, have regard to the integrity, know ledge, expertise and experience of the person and in parti cular his knowledge in matters relevant to the functions of the Organisation. (4) The Co-ordinator shall be the chief executive of the Organisation and shall, subject to such directions as the Council or the National Committee may give. be responsi ble for tbeday to day management of the Organisation. (5) The Co-ordinator shall for administrative purposes be res9o~sible for the control of the employees of the Organ1sat10n. (6) Tue Co-ordinator may delegate any of his func tions to an employee of the Organisation subject to any conditions that he may impose but he shall not be relieved from ultimate responsibility for the discharge of the dele gated function. 12. {1) The organisation shall have Regional and District Co-ordinators who shall be appointed by the President in accordance with the advice of the Council given in con m1tntion with the PubJic Services Commission. (2) The Regional arid District Co-ordinators shall head the office of the Organisation at the regional and district levels and perform such functionl-i as the Council or the National Committee shall determine. 13. ( 1) Then; shall be established in c;ach region a Re gional Di.~aster Management Committee referred to in t hiir Act a.~ "the Regional Committee''. 6 National Disaster Management Organisation A.ct, 1996 Act 517 (2) A Regional Committee shall consist of the follo wing members (a) the Regional Minister who shall be the Cbaic man; (b) the Regional Information Officer; (c) the Armed Forces Garrison Commander; (d) the Regional Police Commander; (e) the Regional Fire Officer; (f) the Regional Director of Health Services; and (g) the Regional Director of Social Welfare. (3) The District or Metropolitan Chief Executive of the affected district or metropolis shaU be a member of the Reiiorial Committee for the duration of the ,-tisaster. (4) The Regional Co-ordinator shall be the secretary to the Regior:.al Committee. (5) The Regional Committee may co-opl members. (6) Members of a Regional Committee other than ex-officio members shall hold office for such period as the Council shall determine. 14. The functions of a Regional Committee are- Functions ( ) . f . I of th, a to prepare m respect o the regwn pans for Regional the prevention of disasters and for mitigating Commit the effects of any disasters; tee. (b) to co-ordinate district plans on the prevention of .disasters and their mitiJation submitted by the District Disaster Management Committee; (c) to ensure the perfonnance in the region of any function of the Organisation that the Council or the Co-ordinator may direct. 15. (l) There shal be established by the Council iu each ~et dis~ict ~ District Disas~r ¥anageme!1t Committee referred ~:::~e: to m this Act as "the District Comm1ttee0 • meat com (2) A District Committee shall consist of- mitteoa. (a) the District Chief Executive who shall be lhe Chainnan; (b) Member of Parliament of the affected consti tuency; 1 Act 517 National Disaster Management Organisation Act, 1996 District Committee, (c) the District Director of Health Service; (d) the District Information Officer; (e) a representative of the Garrison Commander of the Armed Forces, (f) the District Police Commander ; and (g) tb.e District Fire Officer. (3) The District Assembly member from th~ affected electoral area shall be a member for the duration of the disaster. (4) The District Co-ordinator sh2l1 be the secretary to the District Committee. · (5) The District Committee may co-opt members ( 6) Members of a District Disaster Management Committee other than ex.officio members shall hold office for such period as the Council shall determine. 16. A District Committee sha11 (a) prepare plans for the district to prevent and mitigate disasters in its area of authority; (b) maintain a close liaison with the Regional Committee in drawing up its plans; and (c) perform in the district such functions of the Organisation as tile Council or the Co-ordina tor may direct. Meettnss of 17. Regional and District Committees shall regulate the Regional procedure for their meetings. and District Committees. Removal 18. A member of a Regional or D!strict Co:r:nmittee other of members than an ex-officio member under this Act may be removed ::.Jt~'::~ from office by the Council for stated reasons. Allow1nces 19. The members of a Regional or District Committee ~r mer- shall be paid such allowances as the Council in consulta co~ttces. tion with the ivf inister responsible for Finance shall Staff of the Organisa tioa. determine. PART III-ADMINISTRATION AND MISCELLANEOUS PROVISIONS 20. (1) The President may acting in accordance with the advice of the CoWJciJ given in consultation with the 8 National Disaster Management Organisatio1t Act, 1996 Act 517 Public Services Commission appoint such other officers and employees as may be necessary for the effective implemen tation of the functions of the Organisation at the national, r~c,1r,n-:il ~f\,l ,l1.,tr1,-.t Jpv,:iok ... -,t::11•->...A.-.. ...,. --.... ...-. .,,.-~ .. - • -·-· (2) The President may in accordance with Article 195 (2) of the Constitution delegate his powers under sub section (1) of this section. (3) The Council may for the purpose of this Act engage the services of sueh consultants and advisers as it inay consider necessary. ( 4) Public o "~cers may be seconded or transferred to the Org ... nisation. 21. (1) The Organisation shall have .!Jn Internal Auditor Intc~nal who shall be responsible to the Co-ordinator for the per- auditor. formance of his functions. (2) The Internal Auditor $ball at intervals of three months prepare a report on the internal audit work carried out by him during the J;>eriod of three moncns immediately preceding the preparation of the report and submit the report to the Co-ordinator. (3) The Internal Auditor shall make in each report such observativns as appear to aim to be necessary as to the conduct of the financial affairs of the Organisation during the period to which the report relates. (4) The Internal Auditor shall send a copy of eaeh report to the Chairman of the Council and the Chairman of the National Committee . . 22. The funds of the Organisation sbs.ll include Funds of (a) money provided by Parliament for the pur~ the. Organi pose of the Organisf!tion; and sation. (b) money paid to the Organisation by way of grants, donations and gifts. 23. (1) The Organisation ihali keep books of account Accounts and proper records in rel:ation to them. and the a.ccouut and Audit. books and records of the Organisation sball be in a form approved ,,, the Auditor-General, 9 Act 517 Annual report. Regula· tions, National Disaster Afanagcment Organisation Act, 1996 (2) The books and accounts of the Organisation sbaJI be audited annually by the Auditor-Genera 1 or by an auditor appointed by him. 24. (1) The Co-ordinator shall within three months after tne end of the financial year submit an annual report to the Council. (2) The Minister -.ball witbin six montbs after tbe end of the financial year submit to Parliament an annual report dealing generally with the activities and operations of the Organisation including the training of personnel to deal with disasters. 25. The Minister may by legislative ingtrument make regulations for (a) the requisitioning of goods and accommoda tion in time of disaster; (b) terms and conditions of membership of the Organisation; and ( c) generally implementing the provisions of this Act. Offence!. 26. A person who in times of disaster wilfully obstructs a representative of the Organisation or otherwise interferes with the Organisation in the discharge of its functions commits an offence and is liable on conviction to a fine not exceeding et,000,000.00 or to a term of imprisonment not exceeding one year or to both. lnt~rpr,.ta- 27. In this Act unless the context otherwise requ1res tion. "Co-ordinator'' means the National Co ordinator; "Council" means the National Security Council~ ''disaster" means any occurrence by which there is a serious disruption of general safety en dangering the life and health of many people or large material interests which requires co ordinated action by services of different dis dpJines and includes floods, ea.rthquakes /0 National Disaster Management Organization Act, 1996 drought, rainstorm, war, civil strife, indu· strial accidents ; "District Committee" means Dfatrict Disaster Management Committee. "management" includes rehabilitation; "Minister" means Mini st er responsiDle for . the Interior; "National Committee" means the National Dis aster Management Committee; "Organisation" means the Nation a 1 Disaster Organisation; "Regio:1al Committe~" means Reg10nal Di5asetr Management Committee ''resident" means living or having a home in Ghana. Date of Ga:ettee notification: 27th September, 1996. 11 Act 517