{ "schema_version": "qanun-law-text/1", "id": "pk-code-af7e69641d892680", "title": "Earthquake Reconstruction and Rehabilitation Authority Act, 2011", "source_collection": "Federal", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://pakistancode.gov.pk/alpha/UY2FqaJw1-apaUY2Fqa-apaUY2FsZp4%3D-sg-jjjjjjjjjjjjj", "version": null, "source_snapshot": null, "legal_status": "not independently verified", "text_quality": "Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "3e338e79280bbc3636fb28a8c28a9f52966d72cade618def3220c8afaf93ed62", "source_sha256": "3e338e79280bbc3636fb28a8c28a9f52966d72cade618def3220c8afaf93ed62", "text_version_id": "law:pk-code-af7e69641d892680:sha256:3e338e79280bbc3636fb28a8c28a9f52966d72cade618def3220c8afaf93ed62", "quality_flags": [], "encoding": "UTF-8", "text": "Page 1 of 10 \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\nTHE EARTHQUAKE RECONSTRUCTION AND \r\nREHABILITATION AUTHORITY ACT, 2011 \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n CONTENTS \r\n \r\n1. Short title, extent and commencement. \r\n \r\n2. Definitions. \r\n \r\n3. Establishment of the Earthquake Reconstruction and Rehabilitation Authority. \r\n \r\n4. Principal office. \r\n \r\n5. Functions of Authority. \r\n \r\n6. Powers of the Authority. \r\n \r\n7. Management and administration. \r\n \r\n8. The Council. \r\n \r\n9. Functions of the Council. \r\n \r\n10. Chairman of the Authority. \r\n \r\n11. Deputy Chairman of the Authority. \r\n \r\n12. The Board. \r\n \r\n13. Powers and Functions of the Board. \r\n \r\n14. Meetings. \r\n \r\n15. ERRA Fund. \r\n \r\n16. Annual budget. \r\n \r\n\r\n \r\nPage 2 of 10 \r\n \r\n \r\n17. Accounts. \r\n \r\n18. Audit. \r\n \r\n19. Exemption from taxes. \r\n \r\n20. Appointment of officers, etc. \r\n \r\n21. Recovery of dues. \r\n \r\n22. Validity of proceedings. \r\n \r\n23. Indemnity. \r\n \r\n24. Officers etc., to be public servant. \r\n \r\n25. Ordinance XCI of 2002 not to apply to the Authority. \r\n \r\n26. Winding up of the Authority. \r\n \r\n27. Powers to make rules. \r\n28. Powers to make regulations. \r\n29. Removal of difficulties. \r\n30. Power of the Federal Government to issue directives. \r\n31. Act to override other laws. \r\n32. Repeal and savings. \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\nPage 3 of 10 \r\n \r\nTHE EARTHQUAKE RECONSTRUCTION AND REHABILITATION \r\nAUTHORITY ACT, 2011 \r\n \r\nACT No. V OF 2011 \r\n \r\n[12th March, 2011] \r\n \r\nAn Act to provide for the establishment of the Earthquake Reconstruction and Rehabilitation \r\nAuthority (ERRA) \r\n \r\nWHEREAS it is expedient to constitute an autonomous organization for post disaster damage \r\nassessment, recovery, reconstruction and rehabilitation of the areas affected by the earthquake, \r\nand to provide for matters connected therewith or incidental thereto; \r\nIt is hereby enacted as under:  \r\n1. Short title, extent and commencement. (1) This Act may be called the Earthquake \r\nReconstruction and Rehabilitation Authority Act, 2011. \r\n(2) It extends to the whole of Pakistan. \r\n(3) It shall come into force at once and shall be deemed to have taken effect on the 1st day \r\nof July, 2007. \r\n2. Definitions. In this Act, unless there is anything repugnant in the subject or context, \r\n \r\n(a) “affected areas” means areas affected by the earthquake and its aftershocks \r\nand notified as such by the Federal Government; \r\n \r\n(b) “Authority” means the Earthquake Reconstruction and Rehabilitation Authority \r\n(ERRA); \r\n \r\n(c) “Board” means the Board of the Authority established under section 12; \r\n \r\n(d) “Chairman” means Chairman of the Authority; \r\n \r\n(e) “Council” means the Earthquake Reconstruction and Rehabilitation Council \r\nconstituted under section 8; \r\n \r\n(f) “Deputy Chairman” means Deputy Chairman of the Authority; \r\n \r\n(g) “ECNEC” means Executive Committee of the National Economic Council; \r\n \r\n(h) “fund” means the fund established under section 15; \r\n \r\n(i) “regulations” means regulations made under this Act; and \r\n \r\n(j) “rules” means rules made under this Act. \r\n3. Establishment of the Earthquake Reconstruction and Rehabilitation Authority. \r\n(1) Immediately after commencement of this Act, the Federal Government shall, by notification in \r\n \r\nPage 4 of 10 \r\n \r\nthe official Gazette, establish the Earthquake Reconstruction and Rehabilitation Authority (ERRA) for \r\ncarrying out the purposes of this Act. \r\n(2) Subject to the provisions of this Act, the Authority shall be autonomous in its functions \r\nand operations and shall be a body corporate having perpetual succession and a common seal, with \r\npower to acquire, hold and dispose of property, both moveable and immoveable, and enter into \r\ncontracts and shall by its name sue and be sued. \r\n \r\n(3) For the purpose of coordination, the Authority will be administratively attached with \r\nthe Prime Minister's Secretariat. \r\n \r\n4. Principal office.The principal office of the Authority shall be in Islamabad and \r\nit may establish regional offices at such other place or places as it considers necessary. \r\n \r\n5. Functions of Authority.Subject to the provisions of this Act, the Authority shall be \r\nresponsible for all reconstruction, rehabilitation and early, recovery programmes and projects in \r\nthe affected areas and, towards this end, may perform the following functions, namely: \r\n \r\n(a) to conduct surveys to assess damage and carry out future p lanning in the \r\naffected areas; \r\n(b) to formulate a comprehensive umbrella development program to provide for \r\n \r\n(i) reconstruction of the government buildings and offices, utilities and \r\nservices, infrastructure, roads, subways and bridges, potable water, \r\ndrainage system, health and education facilities, tourism, irrigation and \r\nagriculture facilities in the affected areas; \r\n \r\n(ii) environmental protection and rehabilitation; and \r\n \r\n(iii) restoration of economic activities and livelihoods; \r\n \r\n(c) to prepare resettlement and rehabilitation plan for the affected population in \r\nconsultations with the respective Governments of the affected areas; \r\n \r\n(d) to approve projects, programmes and schemes identified, prepared and \r\nsubmitted by the respective Governments of the affected areas; \r\n \r\n(e) to take steps for monitoring and evaluation of the approved projects, \r\nprogrammes and schemes; \r\n \r\n(f) to prescribe cost­effective technology, building codes or construction \r\nguidelines, architectural designs, specifications, and construction materials for \r\nhousing and other buildings in the affected areas to safeguard against future \r\nseismic threats. \r\n \r\n(g) To facilitate the establishment of the reconstruction­related industry and \r\nbusiness in the affected areas in consultation with the respective Governments; \r\n \r\n \r\nPage 5 of 10 \r\n \r\n (h) To perform such other functions supplemental, incidental or consequential to \r\nthe purposes and functions aforesaid and any other function assigned to it by \r\nthe Federal Government in accordance with the purposes of this Act; and \r\n \r\n(i) to keep the two Houses of Majlis­e­Shoora (Parliament) informed of its \r\nactivities through six monthly reports of its performance for discussion. \r\n6. Powers of the Authority. To perform its functions, the Authority may \r\n \r\n(a) undertake any work, incur any expenditure, procure plant, machinery, services, \r\nequipment, vehicles and any other moveable and immoveable property, \r\nand procure stores required for the implementation of approved development \r\nprojects, programmes and schemes; \r\n \r\n(b) dispose of such plant, machinery, equipment, vehicles property and stores as \r\nare no longer required in the manner as prescribed by rules; \r\n \r\n(c) seek or call for any information from any person or any institution, department \r\nor agency, as may be required for carrying out its purposes; \r\n \r\n(d) seek and obtain from any department or agency (including the armed forces) \r\nadvice and assistance to discharge its functions and for execution of its \r\napproved projects, programmes and schemes; \r\n \r\n(e) approve individual projects, programmes and schemes, within the scope of the \r\napproved umbrella programme; \r\n \r\n(f) transfer any pro ject on its completion to any d epartment or agency of the \r\nFederal Government or respective Governments of the affected areas; and \r\n \r\n(g) re­appropriate funds from one pro ject, pro gramme, scheme etc. to another \r\nproject, programme or scheme. \r\n \r\n7. Management and administration. (1) The general direction in all matters of policy \r\nand administration of the Authority and its affairs shall vest in the Council. \r\n \r\n(2) The Council may, by general or special order, delegate to any body or any officer of the \r\nAuthority to exercise any of its powers, duties or functions under this Act, subject to such conditions \r\nas it may deem fit. \r\n \r\n8. The Council. (1) There shall be established the Earthquake Reconstruction and \r\nRehabilitation Council which shall consist of the following members, namely:  \r\n \r\n(a) Prime Minister of Pakistan Chairperson \r\n(b) Prime Minister of Azad Jammu and Kashmir Member \r\n(c) Chief Ministers of Punjab, Khyber Pakhtunkhwa, \r\n \r\nPage 6 of 10 \r\n \r\nSindh and Balochistan Members \r\n (d) Chief Minister, Gilgit­Baltistan Member \r\n(e) The Federal Minister for Finance or Advisor to the \r\n Prime Minister on Finance as the case may be; and Member \r\n \r\n (f) Deputy Chairman, Planning Commission Member \r\n (g) Chairman of the Authority Member \r\n (h) Deputy Chairman of the Authority Member \r\n (i) two members each from the National Assembly and the \r\nSenate to be nominated by the Speaker and Chairman\r\n respectively in consultation with the Leaders of the \r\n House and Leaders of the Opposition in the two Houses. Members \r\n(2) The Council may co­opt such other members as it deems necessary for the conduct of \r\nits business. \r\n \r\n(3) The Federal Government may, by no tification in the official Gazette, increase the \r\nmembership of the Council. \r\n \r\n9. Functions of the Council. The Council shall provide policy guidelines and approve the \r\npolicies, plans, programmes, projects and scheme, submitted by the Chairman or the Board. \r\n10. Chairman of the Authority. (1) The Federal Government shall appoint Chairman of \r\nthe Authority in accordance with the qualifications and procedure laid down by the Council. The \r\nChairman shall be responsible far the policy matters for such period and such terms and conditions as \r\nmay be determined by the Council. \r\n(2) The Chairman shall perform such function and carry out such responsibilities as may \r\nbe delegated to him by the Council or the Board.\r\n11. Deputy Chairman of the Authority. (1) The Federal Government shall appoint Deputy \r\nChairman for such period and on such terms and conditions as the Council may determine. \r\n(2) The Deputy Chairman shall be responsible for the day­to­day administration of the Authority \r\nand may exercise such administrative and financial powers as delegated to him by the Council or \r\nthe Board. \r\n12. The Board. (l) There shall be a Board which shall be responsible for the implementation \r\nof the approved po licy d ecisions, p lans, pro grammes, pro jects and schemes and shall h ave such \r\nadministrative and financial powers as may be delegated to it by the Council. \r\n \r\n(2) The Board shall consist the following members, namely: \r\n(a) Chairman of the Authority Chairman \r\n(b) Deputy Chairman of the Authority Member \r\n(c) Additional Finance Secretary Member \r\n \r\nPage 7 of 10 \r\n \r\n(d) Additional Secretary Defence Member \r\n (e) Additional Secretary Planning Division Member \r\n(f) Additional Secretary Economic Affairs Division Member \r\n \r\n(g) Chief Secretaries of four Provinces and Gilgit-Baltistan Members \r\n(h) Chief Secretary AJ&K Member \r\n \r\n(i) Four representatives of civil society to be nominated \r\nby the Federal Government Members \r\n \r\n (j) A representative of civil society to be nominated by \r\n the Government of an affected Area. Member \r\n \r\n(3) The Deputy Chairman of the Authority shall also act as Secretary of the Board. \r\n \r\n(4) The Board may co­opt such other members as are deemed necessary for the conduct of its \r\nbusiness. \r\n \r\n(5) The terms and conditions of the non­official members and their privileges will be such as \r\nmay be determined by the Council. \r\n \r\n(6) The Federal Government may, by notification in the official Gazette, increase or decrease \r\nthe membership of the Board and for that matter amend sub­section (2) so as to add any entry thereto \r\nor modify or omit any entry therein. \r\n \r\n13. Powers and functions of the Board.  (1) The Board shall exercise such powers and \r\nperform such functions as the Council may assign to it. \r\n \r\n(2) Subject to the provision of sub­section (1) and subject to the overall supervision and control \r\nof the Council, the Board shall perform the following functions, namely: \r\n \r\n(a) approve projects upto one billion rupees and any project beyond that \r\nlimit shall be submitted to ECNEC for approval; \r\n \r\n(b) approve the budget and accounts; \r\n \r\n(c) consider the quarterly and annual reports of the Authority for making \r\nrecommendations to the Council; \r\n \r\n(d) appoint advisors and consultants and determine their conditions of \r\nappointment; and \r\n \r\n(e) constitute such committees as it may consider appropriate. \r\n \r\n14. Meetings. (1) Meetings of the Council and of the Board shall be held at such time, place \r\nand in such manner as may be specified. \r\n \r\n \r\nPage 8 of 10 \r\n \r\n (2) The Council shall meet once in three months or as often as the Chairman of the Council \r\nmay direct. \r\n \r\n(3) The Board shall meet as often as is expedient to discharge its responsibilities and shall \r\nprescribe procedure for regulating its proceedings. \r\n \r\n(4) The decisions of the Council and of the Board shall be taken by the majority of members \r\npresent and, in the event of a tie, the Chairperson or, as the case may be the Chairman shall have \r\na casting vote. \r\n \r\n15. ERRA Fund. (l) There shall be established a fund for reconstruction and rehabilitation \r\nto be known as the ERRA Fund which shall vest in and be utilized by the Authority to meet the \r\nexpenses and carry out the objectives of this Act. \r\n \r\n(2) The Fund shall consist of \r\n \r\n(a) such sums as the Federal Government may, from time to time, allocate to it; and \r\n(b) all other sums or properties which may in any manner become payable to, \r\nor vest in, Authority\r\n16. Annual budget. The Authority shall prepare its annual budget for each financial year, to \r\nbe considered by the Board, for submission to the Council for final approval. \r\n17. Accounts. The Authority shall maintain complete and accurate books of accounts and shall, \r\nafter the end of each financial year, prepare for the financial year a statement of accounts of the \r\nAuthority in such form as may be prescribed by the Controller General of Accounts for submission to \r\nthe Federal Government. \r\n \r\n18. Audit. (1) The accounts of the Authority shall he audited annually by the Auditor \r\nGeneral of Pakistan. \r\n(2) The Authority, in addition to the audit by the Auditor General, may cause its accounts \r\nto be audited by internal auditors and arrange for third party validation of the projects on need basis. \r\n19. Exemption from taxes. Notwithstanding anything contained in the Income Tax \r\nOrdinance, 2001 (XLIX of 2001), or in other law for the time being in force relating to income­tax, \r\ncapital gains­ tax, the Authority shall not be liable to pay and shall be exempted from paying any \r\nsuch taxes as aforesaid on its incomes, profits or gains. \r\n \r\n20. Appointment of officers, etc. (1) The Board may, from time to time, appoint such \r\nofficers, employees, experts and consultants as it may consider necessary for the performance of its \r\nfunctions. \r\n \r\n(2) The Board shall, prescribe by regulations the procedure for appointment of its officers, \r\nemployees, experts and consultants and the terms and conditions of their service. \r\n21. Recovery of dues. Any sum due to the Authority shall be recoverable as arrears of \r\nland revenue. \r\n \r\nPage 9 of 10 \r\n \r\n22. Validity of proceedings. No act, decision or proceedings of the Authority or its Council \r\nor Board shall be invalid by reason only of the existence of a vacancy in, or defect in the constitution \r\nof, the Authority or its Council or Board. \r\n23. Indemnity. No suit, prosecution or other legal proceedings shall lie against the Authority, \r\ntheCouncil, the Bo ard, the Ch airperson, the Ch airman, or any member, o fficer, servant, advisor, \r\nconsultant or expert of the Authority, for anything done in good faith under this Act. \r\n24. Offiers etc., to be public servant. Every officer, employee expert and consultant of \r\nthe Authority shall be deemed to be a public servant within the meaning of section 21 of the \r\nPakistan Penal Code, 1860 (Act XLV of 1860). \r\n25. Ordinance XCI of 2002 not to apply to the Authority. Nothing contained in the \r\nIndustrial Relations Ordinance, 2002 (XCI of 2002), shall apply to, or in relation to, the Authority \r\nor its establishments or in its officers or employees. \r\n26. Winding up of the Authority. No provision of any law relating to winding up of \r\nbodies corporate shall apply to the Authority and the Authority shall not be wound up except \r\nthrough resolution passed by both Houses of Majlis­e­ Shoora (Parliament). \r\n \r\n27. Powers to make rules. The Council may, by notification in the official Gazette, make \r\nrules for carrying out the purposes of this Act. \r\n28. Powers to make regulations. The Board may make regulations not inconsistent with \r\nthis Act and the rules made thereunder, to provide for all matters for which provision is necessary \r\nor expedient for carrying out the purposes of this Act. \r\n29. Removal of difficulties. If any difficulty arises in giving effect to any of the provisions \r\nof this Act, the Federal Government may make such order, not inconsistent with the provisions of \r\nthis Act as may appear to be necessary, for the purpose of removing the difficulty. \r\n30. Power of the Federal Government to issue directives. The Federal Government \r\nmay, as and when it considers necessary, issue directives to the Authority on matters of policy, and \r\nsuch directives shall be binding on the Authority and if a question arises whether any matter is a matter \r\nof policy or not, the decision of the Federal Government shall be final. \r\n31. Act to override other laws. The provisions of this Act shall have effect \r\nnotwithstanding anything inconsistent contained in any other law for the time being in force and any \r\nsuch law, rule or regulation shall, to the extent of any inconsistency, cease to have effect from the date \r\nthis Act comes into force. \r\n32. Repeal and savings. Upon the commencement of this Act \r\n \r\n(a) the Prime Minister's Secretariat's Notification No. F.1(4)/2005­Admin, dated \r\n24th October, 2005, shall stand rescinded; \r\n \r\n(b) all funds, properties, rights and interests of whatsoever kind issued, used, \r\nenjoyed, po ssessed or o wned, v ested in the Earthquake R econstruction and \r\nRehabilitation Authority (ERRA) in existence before such commencement \r\n \r\nPage 10 of 10 \r\n \r\nand of liabilities legally subsisting against the said Authority shall pass to the \r\nAuthority established under this Act; and \r\n \r\n(c) all employees, advisors, consultants and experts appointed by the Authority in \r\nexistence b efore the commencement of this Act shall become employees, \r\nadvisors, consultants and experts of the Authority established under this Act.", "passage_offset_convention": "zero-based Unicode code points and UTF8 bytes; end exclusive", "passages": [ { "passage_id": 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