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National Disaster Management (NDM) Act, 2010

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THE NATIONAL DISASTER MANAGEMENT ACT, 2010

THE NATIONAL DISASTER MANAGEMENT ACT, 2010 ACT No. XXIV OF 2010 [11th December, 2010] An Act to provide for the establishment of a National Disaster Management System for Pakistan

WHEREAS it is expedient to provide for an effective national disaster management system and for matters connected therewith or incidental thereto;

AND WHEREAS the Provincial Assemblies of Balochistan, the Khyber Pakhtunkhwa, and the Punjab have passed resolutions under Article 144 of the Constitution of the Islamic Republic of Pakistan to the effect that Majlis-e-Shoora (Parliament) may, by law, regulate the national disaster management system to overcome unforeseen situations:

It is hereby enacted as follows:—

Section 1. Short title, extent and commencement

(1) This Act may be called the National Disaster Management Act, 2010.

(2) It extends to the whole of Pakistan.

(3) It shall come into force on the 17th of August, 2007.

Section 2. Definitions

In this Act, unless the context otherwise requires,__

(a) “affected area” means an area or part of the country affected by a disaster;

(b) “disaster” means a catastrophe, or a calamity in an affected area, arising from natural or man-made causes, or by accident which results in a substantial loss of life or human suffering or damage to, and destruction of, property;

(c) “disaster management” means managing the complete disaster spectrum, including__

(i) preparedness;

(ii) response;

(iii) recovery and rehabilitation; and

(iv) reconstruction;

(d) “District Authority” means the District Disaster Management Authority established under section 18;

(e) “District Plan” means a Disaster Management Plan prepared for a particular district under section 21;

(f) “Federal Government” means the Ministry or Division of the Federal Government having administrative control of disaster management;

(g) “National Authority” means the National Disaster Management Authority established under section 8;

(h) “National Plan” means the plan for disaster management for the whole of the country prepared under section 10;

(i) “National Commission” means the National Disaster Management Commission established under section 3;

(j) “prescribed” means prescribed by rules made under this Act;

(k) “Provincial Authority” means the Provincial Disaster Management Authority established under section 15;

(l) “Provincial Commission” means the Provincial Disaster Management Commission established under section 13; and

(m) “Provincial Plan” means the plan for disaster management for a Province prepared under section 17.

CHAPTER II

THE NATIONAL DISASTER MANAGEMENT COMMISSION

Section 3. Establishment of National Disaster Management Commission

(l) As soon as may, be after the commencement of this Act the Federal Government may by a notification in the Official Gazette, establish a Commission to be known as the National Disaster Management Commission.

(2) The National Commission shall consist of__

(a) the Prime Minister of Pakistan who shall be the Chairperson, ex-officio;

(b) Leader of Opposition in the Senate;

(c) Leader of Opposition in the National Assembly;

(d) Minister for Defence;

(e) Minister for Health;

(f) Minister for Foreign Affairs;

(g) Minister for Social Welfare and Special Education;

(h) Minister for Communications;

(i) Minister for Finance;

(j) Minister for Interior;

(k) Governor Khyber Pakhtunkhwa (for Federally Administrative Tribal Areas);

(l) Chief Ministers of all the Provinces;

(m) Prime Minister, AJ&K;

(n) Chief Executive, Gilgit-Baltistan;

(o) Chairman, JCSC or his nominee; and

(p) representatives of civil society or any other person appointed by the Prime Minister.

(3) The Director General, appointed under sub-section (3) of section 8 shall act as ex- officio Secretary of the National Commission.

Section 4. Meetings of the National Commission

(1) The National Commission shall meet as and when necessary and at such time and place as the Chairperson of the National Commission may think fit.

(2) The Chairperson of the National Commission shall preside over the meetings of the National Commission.

Section 5. Appointment of officers and other employees of the National Commission

The Federal Government shall provide the National Commission with such officers, consultants and employees, as it considers necessary for carrying out its functions.

Section 6. Powers and functions of National Commission

(1) Subject to the provisions of this Act, the National Commission shall have the responsibility for laying down the policies, plans and guidelines for disaster management.

(2) Without, prejudice to generality of the provisions in sub-section (1), the National Commission may__

(a) lay down policies on disaster management;

(b) approve the National Plan;

(c) approve plans prepared by the Ministries or Divisions of the Federal Government in accordance with the National Plan;

(d) lay down guidelines to be followed by Federal Government and Provincial Authorities;

(e) arrange for, and oversee, the provision of funds for the purpose of mitigation measures, preparedness and response;

(f) provide such support to other countries affected by major disasters as Federal Government may determine; and

(g) take such other measures for the prevention of disaster or the mitigation, or for preparedness and capacity building for dealing with disaster situation as it may consider necessary.

(3) The Chairperson of the National Commission shall, in the case of emergency, have power to exercise all or any of the powers of the National Commission but exercise of such powers shall be subject to ex-post facto ratification by the National Commission.

Section 7. Constitution of advisory committees by National Commission

(1) The National Commission may constitute an advisory committee or committees, as required, of experts in the field of disaster management.

(2) The members of the advisory committees shall be paid such allowances as may be prescribed by the Federal Government.

Section 8. Establishment of the National Disaster Management Authority

(1) The Federal Government shall, immediately after issue of notification under sub-section (1) of section 3, establish an Authority to be known as National Disaster Management Authority.

(2) The National Authority shall consist of such number of members as may be Prescribed and shall include as [the Director General] as its Chairperson.

(3) There shall be a Director General of the National Authority, to be appointed by the Federal Government, on such terms and conditions, as may be prescribed.

Section 9. Powers and functions of the National Disaster Management Authority

The National Authority shall—

(a) act as the implementing, co-ordinating and monitoring body for disaster management;

(b) prepare the National Plan to be approved by the National Commission;

(c) implement, co-ordinate and monitor the implementation of the national policy;

(d) lay down guidelines for preparing disaster management plans by different Ministries or departments and the Provincial Authorities;

(e) provide necessary technical assistance to the Provincial Governments and the Provincial Authorities for preparing their disaster management plans in accordance with the guidelines laid down by the National Commission;

(f) co-ordinate response in the event of any threatening disaster situation or disaster;

(g) lay down guidelines for or give directions to the concerned Ministries or Provincial Governments and the Provincial Authorities regarding measures to be taken by them in response to any threatening disaster situation or disaster;

(h) for any specific purpose or for general assistance requisition the services of any person and such person shall be a co-opted member and exercise such power as conferred upon him by the Authority in writing;

(i) promote general education and awareness in relation to disaster management; and

(j) perform such other functions as the National Commission may require to perform.

Section 10. National Plan

(l) There shall be drawn up a plan for disaster management for the whole of the country to be called the National Plan.

(2) The National Plan shall be prepared by the National Authority having regard to the national policy and in consultation with the Provincial Governments and expert bodies or organizations in the field of disaster management, and approved by the National Commission.

(3) The National Plan shall include___

(a) measures to be taken for the prevention of disasters or the mitigation of their effects;

(b) measures to be taken for the integration of mitigation measures in the development plans;

(c) measures to be taken for preparedness and capacity building to effectively respond to any threatening disaster situations or disaster; and

(d) roles and responsibilities of different Ministries or Divisions of the Federal Government in respect of measures specified in clauses (a), (b) and (c).

(4) The national plan shall be reviewed and updated annually.

(5) The Federal Government shall make appropriate provisions for financing the measures to be carried out under the national plan.

Section 11. Guidelines for minimum standards of relief

Subject to directions of the National Commission, the National Authority shall lay down guidelines for the minimum standards of relief to be provided to persons affected by disaster which shall include___

(a) the minimum requirements to be provided in the relief camps in relation to shelter, food, drinking water, medical cover and sanitation;

(b) the special provisions to be made for vulnerable groups;

(c) ex gratia assistance on account of loss of life and also assistance on account of damage to houses and for restoration of means of livelihood; and

(d) such other relief as may be necessary.

Section 12. Relief in loan repayment, etc

Subject to such directions as the National Commission may give, the National Authority may, in cases of disasters of severe magnitude, give directions regarding relief in repayment of loans or for grant of fresh loans to the persons affected by disaster on concessional terms as may be appropriate.

CHAPTER III

PROVINCIAL DISASTER MANAGEMENT AUTHORITIES

Section 13. Establishment of Provincial Disaster Management Commission

(1) Each Provincial Government shall, as soon as may be after the issue of the notification under sub-section

(1) of section 3, by notification in the official Gazette, establish a Provincial Disaster Management Commission for the Province.

(2) The Provincial Commission shall consist__

(a) the Chief Minister of the Province who shall be Chairperson, ex-officio;

(b) Leader of the Opposition and one member nominated by him to be member of the Provincial Commission;

(c) other members to be nominated by Chief Minister; and

(d) the Chairperson of the Provincial Commission may designate one of the members nominated under clause (c) to be the Vice-Chairperson.

Section 14. Powers and functions of Provincial Commission

(l) Subject to the provisions of this Act, a Provincial Commission shall have the responsibility for laying down policies and plans for disaster management in the Province.

(2) Without prejudice to the generality of provisions specified in sub-section (1), the Provincial Commission may__

(a) lay down the Provincial disaster management policy;

(b) lay down the Provincial Plan in accordance with the guidelines laid down by the National Commission;

(c) approve the disaster management plans prepared by the departments of the Provincial Government;

(d) review the implementation of the plan;

(e) oversee the provision of funds for mitigation and preparedness measures;

(f) review the development plans of the different departments of the Province and ensure that prevention and mitigation measures are integrated therein; and

(g) review the measures being taken for mitigation, capacity building and preparedness by the departments of the Provincial Government and issue such guidelines or directions as may be necessary.

(3) The Chairperson of the Provincial Commission shall, in the case of emergency, have power to exercise all or any of the powers of the Provincial Commission but the exercise of such powers shall be subject to ex-post facto approval of the Provincial Commission.

Section 15. Establishment of Provincial Disaster Management Authority

(1) Each Provincial Government shall, as soon as may be after issue of the notification under sub-section (1) of section 3, by notification in the official Gazette, establish a Provincial Disaster Management Authority for the Province.

(2) The Provincial Authority shall consist of such number of members as may be prescribed and shall include as its Chairperson the Provincial Director General or Provincial Relief Commissioner.

(3) There shall be a Director General of the Provincial Authority, to be appointed by the Provincial Government, with the status and powers on such terms and conditions, as may be prescribed by the Provincial Government.

Section 16. Powers and Functions of Provincial Authority

(l) Subject to the provisions of this Act, a Provincial Authority shall be responsible for implementing policies and plans for disaster management in the Province.

(2) Without prejudice to the generality of the foregoing provisions, the Provincial Authority may__

(a) formulate the provincial disaster management policy obtaining the approval of the Provincial Commission;

(b) co-ordinate and monitor the implementation of the National Policy, National Plan and Provincial Plan;

(c) examine the vulnerability of different parts of the Province to different disasters and specify prevention or mitigation measures;

(d) lay down guidelines to be followed for preparation of disaster management plans by the Provincial Departments and District Authorities;

(e) evaluate preparedness at all governmental or non-governmental levels to respond to disaster and to enhance preparedness;

(f) coordinate response in the event of disaster;

(g) give directions to any Provincial department or authority regarding actions to be taken in response to disaster;

(h) promote general education, awareness and community training in this regard;

(i) provide necessary technical assistance or give advice to District Authorities and local authorities for carrying out their functions effectively;

(j) advise the Provincial Government regarding all financial matters in relation to disaster management;

(k) examine the construction in the area and if it is of the opinion that the standards laid down have not been followed, it may direct for following the same to secure compliance of such standards;

(l) ensure that communication systems are in order and disaster management drills are being carried out regularly; and

(m) perform such other functions as may be assigned to it by the National or Provincial Authority.

Section 17. Provincial Plan

(1) There shall be a plan for disaster management for every Province to be called the Provincial Disaster Management Plan.

(2) The Provincial Plan shall be prepared by the Provincial Authority having regard to the guidelines laid down by the National Authority after consultation with the District Government.

(3) The Provincial Plan shall include—

(a) the vulnerability of different parts of the Province to different forms of disasters;

(b) the measures to be adopted for prevention and mitigation of disasters;

(c) the manner in which the mitigation measures shall be integrated with the development plans and projects;

(d) the capacity building and preparedness measures to be taken;

(e) the roles and responsibilities of each Department of the Government of the Province in relation to the measures specified in clauses (b), (c) and (d); and

(f) the roles and responsibilities of different departments of the Government of the Province in responding to any threatening disaster situation or disaster.

(4) The Provincial Plan shall be reviewed and updated annually.

CHAPTER IV

DISTRICT DISASTER MANAGEMENT AUTHORITY

Section 18. Constitution of District Disaster Management Authority

(1) Each Provincial Government shall, as soon as may be after issue of notification under sub-section (1) of section 13, by notification in the official Gazette, establish a District Disaster Management Authority for every district.

(2) The District Authority shall consist of such number of members, as may be prescribed by the Provincial Government and unless the rules otherwise provide, it shall consist of the following members, namely:__

(a) head of the local council at the district level (by whatever name called) who shall be Chairperson, ex-officio;

(b) the District Coordination Officer;

(c) the District Police Officer, ex-officio;

(d) the Executive District Officer, Health; and

(e) such other district level officers, to be appointed by the District Government.

Section 19. Powers of Chairperson of District Authority

The Chairperson of the District Authority shall, in the case of an emergency, have power to exercise all or any of the powers of the District Authority but the exercise of such powers shall be subject to ex-post facto approval of the District Authority.

Section 20. Powers and functions of District Authority

(1) Subject to the provisions of this Act, the District Authority shall be as the district planning co-ordinating and implementing body for disaster management and take all measures for the purposes of the disaster management in the district in accordance with the guidelines laid down by the National Authority and Provincial Authority.

(2) Without prejudice to the generality of the foregoing provisions, the District Authority may__

(a) prepare a disaster management plan including district response plan for the district;

(b) co-ordinate and monitor the implementation of the National Policy, Provincial Policy, National Plan, Provincial Plan and District Plan;

(c) ensure that the areas in the district vulnerable to disasters are identified and measures for the prevention of disasters and the mitigation of its effects are undertaken by the departments of the Government at the district level as well as by the local authorities;

(d) ensure that the guidelines for prevention, mitigation, preparedness and response measures as laid down by the National Authority and the Provincial Authority are followed by all departments of the Government at the district level and the local authorities in the district;

(e) give directions to different authorities at the district level and local authorities to take such other measures for the prevention or mitigation of disasters as may be necessary;

(f) lay down guidelines for preparation of disaster management plans the departments of the Government at the districts level and local authorities in the district;

(g) monitor the implementation of disaster management plans prepared by the departments of the government at the district level;

(h) lay down guidelines to be followed by the departments of the Government at the district level;

(i) organize and co-ordinate specialized training programmes for different levels of officers, employees and voluntary rescue workers in the district;

(j) facilitate community training and awareness programmes for prevention of disaster or mitigation with the support of local authorities, governmental and non-governmental organizations;

(k) set up, maintain, review and upgrade the mechanism for early warnings and dissemination of proper information to public;

(l) prepare, review and update district level response plan and guidelines;

(m) co-ordinate with, and give guidelines to, local authorities in the district to ensure that pre-disaster and post-disaster management activities in the district are carried out promptly and effectively;

(n) review development plans prepared by the departments of the Government at the district level, statutory authorities or local authorities with a view to make necessary provisions therein for prevention of disaster or mitigation;

(o) identify 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 sanitation in such buildings or places;

(p) establish stockpiles of relief and rescue materials or ensure preparedness to make such materials available at a short notice;

(q) provide information to the Provincial Authority relating to different aspects of disaster management;

(r) encourage the involvement of non-governmental organizations and voluntary social-welfare institutions working at the grassroot level in the district for disaster management;

(s) ensure communication systems are in order and disaster management drills are carried out periodically; and

(t) perform such other functions as the Provincial Government or Provincial Authority may assign to it or as it deems necessary for disaster management in the district.

Section 21. District plan

(1) There shall be a plan for disaster management for every district of the Province.

(2) The District Plan shall be prepared by the District Authority having regard to the National Plan and the Provincial Plan.

(3) The District Plan shall be reviewed and updated annually.

Section 22. Additional powers of District Authority

For the purpose of assisting, protecting or providing relief to the community, in response to any disaster, the District Authority may—

(a) give directions for the release and use of resources available with any department of the Government and the local authority in the district;

(b) control and restrict vehicular traffic to, from and within, the vulnerable or affected area;

(c) control and restrict the entry of any person into, his movement within and departure from, a vulnerable or affected area;

(d) remove debris, conduct search and carry out rescue operations;

(e) provide shelter, food, drinking water and essential provisions, healthcare and services;

(f) establish emergency communication systems in the affected area;

(g) make arrangements for the disposal of the unclaimed dead bodies;

(h) direct any department of the Government of the Province or any authority or body under that Government at the district level to take such measures as are necessary in its opinion;

(i) require experts and consultants in the relevant fields to advise and assist as it may deem necessary;

(j) procure exclusive or preferential use of amenities from any authority or person;

(k) construct temporary bridges or other necessary structures and demolish structures which may be hazardous to public or aggravate the effects of the disaster;

(l) ensure that the non-governmental organizations carry out their activities in an equitable and non-discriminatory manner; and

(m) take such other steps as may be required or warranted to be taken in such a situation.

CHAPTER V

MEASURES BY THE GOVERNMENT FOR DISASTER MANAGEMENT

Section 23. Federal Government to take measure

(l) Subject to the provisions of this Act, the Federal Government may take all such measures as it deems necessary or expedient for the purpose of disaster management.

(2) In particular and without prejudice to the generality of the foregoing provisions, the measures which the Federal Government may take shall include measures with respect to all or any of the following matters, namely:__

(a) co-ordination of actions of the Ministries and Divisions of the Federal Government, Provincial Governments, National Authority, Provincial Authorities, governmental and non-governmental organizations in relation to disaster management;

(b) co-operation and assistance to Provincial Governments, as requested by them or otherwise deemed appropriate by it;

(c) requisition and deployment of armed forces, civil armed forces or any other civilian personnel or foreign contingents required for the purposes of this Act;

(d) co-ordination with the United Nations’ agencies, international organizations and governments of foreign countries for the purposes of this Act; ( e) establish institutions for research, training, and developmental programmes in the field of disaster management: and

(f) such other matters as it deems necessary or expedient for the purpose of securing effective implementation of the provisions of this Act.

(3) The Federal Government may extend such support to other countries affected by major disaster as it may deem appropriate.

Section 24. Provincial Government to take measures

Subject to the provisions of this Act, each Provincial Government shall take all measures specified in the guidelines laid down by the National Authority and such further measures as it deems necessary or expedient for the purpose of disaster management.

CHAPTER VI

LOCAL AUTHORITIES

Section 25. Functions of the local authority

(1) Subject to the directions of the District Authority, a local authority shall__

(a) ensure that its officers and employees are trained for disaster management;

(b) ensure that resources relating to disaster management are so maintained as to be readily available for use in the event of any threatening disaster situation or disaster;

(c) ensure that all construction projects under it or within its jurisdiction conform to the standards and specifications laid down for prevention of disasters and mitigation by the National Authority, Provincial Authority and the District Authority; and

(d) carry out relief, rehabilitation and reconstruction activities in the affected area in accordance with the Provincial Plan and the District Plan.

(2) The local authority may take such other measures as may be necessary for the disaster management.

CHAPTER VII

NATIONAL INSTITUTE OF DISASTER MANAGEMENT

Section 26. National Institute of Disaster Management

(l) With effect from such date as the Federal Government may, by notification in the official Gazette appoint in this behalf, there shall be established an institute to be called the National Institute of Disaster Management.

(2) Subject to the provisions of this Act, the National Institute of Disaster Management shall be responsible for planning and promoting training and research and developing core competencies in the area of disaster management, documentation and development of national level information base relating to disaster management policies, prevention mechanisms and mitigation measures.

(3) Without prejudice to the generality of the foregoing provisions, the National Institute, for the discharge of its functions, may___

(a) develop training modules, undertake research and documentation in disaster management and organize training programmes;

(b) formulate and implement a comprehensive human resource development plan covering all aspects of disaster management;

(c) provide assistance in national level policy formulation;

(d) provide required assistance to the training and research institutes for development of training and research programmes for stakeholders including Government functionaries;

(e) provide assistance to the Provincial Governments in the formulation of Provincial level policies, strategies, disaster management framework and any other assistance as may be required by the Provincial Governments for capacity building of stakeholders, Government including its functionaries, civil society members, corporate sector and people's elected representatives;

(f) develop educational materials for disaster management including academic and professional courses;

(g) promote awareness among stakeholders including college or school teachers and students, technical personnel and others associated with multi-hazard mitigation, preparedness and response measures;

(h) do all such other lawful things as are conducive or incidental to the attainment of the above objects; and

(i) undertake any other function as may be assigned to it by the Federal Government.

CHAPTER VIII

NATIONAL DISASTER RESPONSE FORCE

Section 27. Establishment of National Disaster Response Force

(l) There shall be established a National Disaster Response Force for the purpose of specialist response to a threatening disaster situation or disaster.

(2) Subject to the provisions of this Act, the force shall be constituted in such manner and the conditions of service of the members of the Force shall be such as may be prescribed.

Section 28. Control, direction, etc

The general superintendence, direction and control of the National Disaster Response Force shall vest in, and exercisable by, the National Authority.

CHAPTER IX

FINANCE, ACCOUNTS AND AUDIT

Section 29. National fund for disaster management

(1) The Federal Government may, by notification in the Official Gazette, constitute a Fund to be called the National Disaster Management Fund for meeting any threatening disaster situation or disaster.

(2) The National Disaster Management Fund shall be financed from the following sources, namely:__

(a) grants made by the Federal Government;

(b) loans, aid and donations from the national or international agencies; and

(c) donations received from any other source.

(3) On commencement of this Act, the following Funds shall become part of the National Disaster Management Fund, namely:__

(a) Prime Minister's Disaster Relief Fund; and

(b) any other fund relatable to natural calamities established at Federal level as the Federal Government may determine.

(4) The National Disaster Management Fund shall be kept in one or more accounts maintained by the National Authority, in local or foreign currency, in any scheduled bank in Pakistan and shall be operated in accordance with the directions of the National Authority.

(5) The National Disaster Management Fund shall be administered by the National Authority towards meeting the expenses for emergency preparedness, response, mitigation, relief and reconstruction.

Section 30. Establishment of funds by Provincial Governments

(1) The Provincial Governments shall, immediately after notifications issued for constituting the Provincial Authority and the District Authorities, establish for the purposes of this Act the Fund to be called the Provincial Disaster Management Fund.

(2) The Provincial Disaster Management Fund shall be financed from the following sources, namely:__

(a) grants made by the Federal Government or Provincial Governments; and

(b) loans, aid and donations from the national or international agencies provided in accordance with prescribed procedure.

(3) The Provincial Disaster Management Fund shall be kept in one or more accounts maintained by the Provincial Authority, in local or foreign currency, in any scheduled bank in Pakistan and shall be operated in accordance with the directions of the Provincial Authority.

(4) The Provincial Disaster Management Fund shall be administered by the Provincial Authority towards meeting the expenses for emergency preparedness, response, mitigation, relief and reconstruction in the Province.

Section 31. Allocation of funds by Federal and Provincial Governments

The Federal Government and Provincial Governments shall, in their annual budgets, make provisions for funds for the purposes of carrying out the activities and programmes set out in its disaster management

plan.

Section 32. Emergency procurement and accounting

Where by reason of any impending disaster situation or disaster, the National Authority or Provincial Authority or District Authority is satisfied that immediate procurement of provisions or materials or the immediate application of resources are necessary for rescue or relief it may authorize the concerned department or authority to make the emergency procurement and in such case, the standard procedure requiring inviting of tenders shall be deemed to be waived.

CHAPTER X

OFFENCES AND PENALTIES

33. Punishment 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 Authority or Provincial Authority or District Authority in the discharge of his functions under this Act; or

(b) refuses to comply with any direction given by or on behalf of the Federal Government or Provincial Government under this Act; shall be punishable with imprisonment for a term which may extend to one year or with fine or with both and, if such obstruction or refusal to comply with such directions results in loss of lives or imminent danger thereto, shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both.

Section 34. Punishment for false claim

Whoever knowingly makes a claim which he knows or has reason to believe to be false for obtaining any relief or assistance for repair, reconstruction or other benefits consequent to disaster from any officer of the Federal Government, Provincial Government, the National Authority, Provincial authority or District Authority, shall be punishable with imprisonment for a term which may extend to two years or with fine or with both.

Section 35. Punishment for false warning

Whoever makes or circulates a false alarm or warning as to disaster or its severity or magnitude leading to panic shall be punishable with imprisonment which may extend to one year or with fine.

Section 36. Failure of officer in duty or his connivance at the contravention of the provisions of this Act

Any officer, on whom any duty has been imposed by or under this Act and who refuses to perform or withdraws himself from the duties of his office shall, unless he has obtained the express written permission of his official superior or has other lawful excuse for so doing, be punishable with imprisonment for a term which may extend to one year or with fine. CHAPTER Xl MISCELLANEOUS

Section 37. Prohibition against discrimination

While providing compensation and relief to the victims of disaster, there shall be no discrimination on the ground of sex, caste, community, descent or religion.

Section 38. Power of requisition of resources, provisions, vehicles, etc., for rescue operations, etc

If it appears to the National Authority, Provincial Authority or District Authority or any officer as may be authorized by it in this behalf that__

(a) any resources with any authority or person are needed for the purpose of prompt response;

(b) any premises are needed or likely to be needed for the purpose of rescue operations; or

(c) any vehicle is needed or is likely to be needed for the purposes of transport of resources from disaster affected areas or transport of resources to the affected area or transport in connection with rescue, rehabilitation or reconstruction; such authority may, by order in writing, requisition such resources or premises or such vehicle, as the case may be, and may make such further orders as may appear to it to be necessary or expedient in this connection.

Section 39. Payment of compensation

Whenever any authority requisitions any premises there shall be paid to its owner compensation the amount of which shall be determined by taking into consideration the rent payable in respect of the premises, or if no rent is so payable, the rent payable for similar premises in the locality:

Provided that any owner of premises being aggrieved by the amount of compensation so determined may within thirty days make all application to the Federal Government or the Provincial Government, as the case may be:

Provided further that where there is any dispute as to the title to receive the compensation or as to the apportionment of the amount of compensation, it shall be referred to the Federal Government or the Provincial Government, as the case may be.

Section 40. Direction to media for communication of warnings, etc

The National Authority, the Provincial Authority, or a District Authority may give direction to any authority or person in control of any audio or audio-visual media or such other means of communication as may be

available to carry out warnings or advisories regarding any impending disaster situation or disaster, and such authority of person shall comply with such direction.

Section 41. Annual report

(1) The National Authority shall prepare once every year, in such form and at such time as may be prescribed by rules, an annual report giving a true and full account of its activities during the previous year and copies thereof shall be forwarded to the Federal Government which shall lay it before the National Assembly and the Senate.

(2) The Provincial Authority and the District Authority shall prepare once every year, in such form and at such time as may be prescribed by rules, an annual report giving a true and full account of its activities during the previous year and copies thereof shall be forwarded to the Provincial Government which shall lay it before the Provincial Assembly.

Section 42. Bar of jurisdiction

No court or tribunal shall have jurisdiction to entertain any suit or proceeding in respect of anything done, action taken, orders made, direction, instruction or guidelines issued by the Federal Government, National Authority, Provincial or District Authority in pursuance of any power conferred by, or in relation to its functions, by this Act.

Section 43. Indemnity

Officers and employees of the Federal Government, National Authority, Provincial Government, Provincial Authority or District Authority shall be immune from legal process in regard to any warning in respect of any impending disaster communicated or disseminated by them in their official capacity or any action taken or direction issued by them in pursuance of such communication or dissemination.

Section 44. Action 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 the Provincial Government or the Provincial Authority or the District Authority or local authority or any officer or employee of the Federal Government or the National Authority or the Provincial Government or the Provincial Authority or the District Authority in respect of any work done or purported to have been done or intended to be, in good faith, done by such authority or Government or such officer or employee or such person under the provisions of this Act or the rules made hereunder.

Section 45. Delegation of powers to the National Authority

The Commission may, for effective implementation of the national policy on disaster management, by general or special order delegate to the National Authority any of its powers or functions under this Act, subject to such conditions as it may think fit to impose.

Section 46. Act to override other laws

The provisions of this Act, have effect, notwithstanding anything in any other law for the time being in force.

Section 47. Power to make rules

The Federal Government and Provincial Governments may, by notification in the official Gazette, make rules for carrying out the purposes of this Act.

Section 48. Removal of difficulties

If any difficulty arises in giving effect to the provisions of this Act, the Federal Government or the Provincial Government as the case may be, may, by notification in the official Gazette, make such order, not inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for the removal of the difficulty.

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CONTENTS 
1. Short title, extent and commencement 
2. Definitions 
CHAPTER II 
THE NATIONAL DISASTER MANAGEMENT COMMISSION 
3. Establishment of National Disaster Management Commission 
4. Meetings of the National Commission 
5. Appointment of officers, and other employees of the National Commission 
6. Powers and functions of National Commission 
7. Constitution of advisory committees by National Commission 
8. Establishment of the National Disaster Management Authority 
9. Powers and functions of the National Disaster Management Authority 
10. National Plan 
11. Guidelines for minimum standards of relief 
12. Relief in loan repayment, etc. 
CHAPTER III 
PROVINCIAL DISASTER MANAGEMENT AUTHORITIES 
13. Establishment of Provincial Disaster Management Commission 
14. Powers and functions of Provincial Commission 
15. Establishment of Provincial Disaster Management Authority 

 
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16. Powers and Functions of Provincial Authority 
17. Provincial Plan 
CHAPTER IV 
DISTRICT DISASTER MANAGEMENT AUTHORITY 
18. Constitution of District Disaster Management Authority 
19. Powers of Chairperson of District Authority 
20. Powers and functions of District Authority 
21. District plan 
22. Additional powers of District Authority 
CHAPTER V 
MEASURES BY THE GOVERNMENT FOR DISASTER MANAGEMENT 
23. Federal Government to take measure 
24. Provincial Government to take measures 
CHAPTER VI 
LOCAL AUTHORITIES 
25. Functions of the local authority 
CHAPTER VII 
NATIONAL INSTITUTE OF DISASTER MANAGEMENT 
26. National Institute of Disaster Management 
CHAPTER VIII 
NATIONAL DISASTER RESPONSE FORCE 
27. Establishment of National Disaster Response Force 
28. Control, direction, etc. 
CHAPTER IX 
FINANCE, ACCOUNTS AND AUDIT 
29. National fund for disaster management 
30. Establishment of funds by Provincial Governments 
31. Allocation of funds by Federal and Provincial Governments 
32. Emergency procurement and accounting 
  
 
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CHAPTER X 
OFFENCES AND PENALTIES 
33. Punishment for obstruction, etc. 
34. Punishment for false claim 
35. Punishment for false warning 
36. Failure of officer in duty or his connivance at the contravention of the provisions of this Act 
CHAPTER Xl 
MISCELLANEOUS 
37. Prohibition against discrimination 
38. Power of requisition of resources, provisions, vehicles, etc., for rescue operations, etc. 
39. Payment of compensation 
40. Direction to media for communication of warnings, etc. 
41. Annual report 
42. Bar of jurisdiction 
43. Indemnity 
44. Action taken in good faith 
45. Delegation of powers to the National Authority 
46. Act to override other laws 
47. Power to make rules 
48. Removal of difficulties
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Page 1 of 20 
 
 
 
 
 THE NATIONAL DISASTER MANAGEMENT ACT, 2010 
 
 
 
 
 
 
 
CONTENTS 
1. Short title, extent and commencement 
2. Definitions 
CHAPTER II 
THE NATIONAL DISASTER MANAGEMENT COMMISSION 
3. Establishment of National Disaster Management Commission 
4. Meetings of the National Commission 
5. Appointment of officers, and other employees of the National Commission 
6. Powers and functions of National Commission 
7. Constitution of advisory committees by National Commission 
8. Establishment of the National Disaster Management Authority 
9. Powers and functions of the National Disaster Management Authority 
10. National Plan 
11. Guidelines for minimum standards of relief 
12. Relief in loan repayment, etc. 
CHAPTER III 
PROVINCIAL DISASTER MANAGEMENT AUTHORITIES 
13. Establishment of Provincial Disaster Management Commission 
14. Powers and functions of Provincial Commission 
15. Establishment of Provincial Disaster Management Authority 

 
Page 2 of 20 
 
16. Powers and Functions of Provincial Authority 
17. Provincial Plan 
CHAPTER IV 
DISTRICT DISASTER MANAGEMENT AUTHORITY 
18. Constitution of District Disaster Management Authority 
19. Powers of Chairperson of District Authority 
20. Powers and functions of District Authority 
21. District plan 
22. Additional powers of District Authority 
CHAPTER V 
MEASURES BY THE GOVERNMENT FOR DISASTER MANAGEMENT 
23. Federal Government to take measure 
24. Provincial Government to take measures 
CHAPTER VI 
LOCAL AUTHORITIES 
25. Functions of the local authority 
CHAPTER VII 
NATIONAL INSTITUTE OF DISASTER MANAGEMENT 
26. National Institute of Disaster Management 
CHAPTER VIII 
NATIONAL DISASTER RESPONSE FORCE 
27. Establishment of National Disaster Response Force 
28. Control, direction, etc. 
CHAPTER IX 
FINANCE, ACCOUNTS AND AUDIT 
29. National fund for disaster management 
30. Establishment of funds by Provincial Governments 
31. Allocation of funds by Federal and Provincial Governments 
32. Emergency procurement and accounting 
  
 
Page 3 of 20 
 
CHAPTER X 
OFFENCES AND PENALTIES 
33. Punishment for obstruction, etc. 
34. Punishment for false claim 
35. Punishment for false warning 
36. Failure of officer in duty or his connivance at the contravention of the provisions of this Act 
CHAPTER Xl 
MISCELLANEOUS 
37. Prohibition against discrimination 
38. Power of requisition of resources, provisions, vehicles, etc., for rescue operations, etc. 
39. Payment of compensation 
40. Direction to media for communication of warnings, etc. 
41. Annual report 
42. Bar of jurisdiction 
43. Indemnity 
44. Action taken in good faith 
45. Delegation of powers to the National Authority 
46. Act to override other laws 
47. Power to make rules 
48. Removal of difficulties 
 
  
 
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THE NATIONAL DISASTER MANAGEMENT ACT, 2010 
ACT No. XXIV OF 2010 
[11th December, 2010] 
An Act to provide for the establishment of a National Disaster Management System for Pakistan 
  WHEREAS it is expedient to provide for an effective national disaster management system 
and for matters connected therewith or incidental thereto; 
  AND WHEREAS th e Provincial Assemblies of Balochistan, the Khyber Pakhtunkhwa, and 
the Punjab have passed resolutions  under Article 144 of the Constitution  of the Islamic Republic of 
Pakistan to the effect that Majlis-e-Shoora (Parliament) may, by law, regulate the national disaster 
management system to overcome unforeseen situations: 
  It is hereby enacted as follows:— 
  1. Short title, extent and commencement. __ (1) This Act may be called  the National  
Disaster Management Act, 2010. 
(2) It extends to the whole of Pakistan. 
 (3) It shall come into force on the 17th of August, 2007. 
  2. Definitions.__ In this Act, unless the context otherwise requires,__ 
(a)  “affected area” means an area or part of the country affected by a disaster; 
(b) “disaster” means a catastrophe, or a calamity in an affected area, arising from 
natural or man-made causes, or by accident  which results in a substantial loss 
of life or human suffering or damage to, and destruction of, property; 
(c)  “disaster management” means managing the complete disaster spectrum , 
including__ 
(i) preparedness; 
(ii) response; 
(iii)  recovery and rehabilitation; and 
(iv)  reconstruction; 
(d) “District Authority ” means th e District Disaster Management Authority 
established under section 18; 
 (e) “District Plan” means a Disaster Management Plan prepared for a particular  
district under section 21; 
 (f)  “Federal Government ” means the Ministry or  Division of  the Federal 
Government having administrative control of disaster management; 
 
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 (g)   “National Authority” means the National  Disaster Management Authority 
established under section 8; 
 (h) “National Plan” means the plan for disaster management  for the whole of the 
country prepared under section 10; 
 (i)  “National Commission” means the National Disaster Management 
Commission established under section 3; 
 (j)  “prescribed” means prescribed by rules made under this Act; 
 (k)  “Provincial Authority” means the Provincial Disaster Management Authority 
established under section 15; 
 (l)  “Provincial Commission” means the Provincial  Disaster Management 
Commission established under section 13; and 
 (m)  “Provincial Plan” means the plan for disaster management for a Province  
prepared under section 17. 
CHAPTER II 
THE NATIONAL DISASTER MANAGEMENT COMMISSION 
  3. Establishment of  National Disaster Management Commission .__ (l) As  soon as 
may, be after the commencement of this Act the Federal Government may by a notification  in the 
Official Gazette,  establish a Commission to be known  as the  National Disaster Management 
Commission. 
  (2) The National Commission shall consist of__ 
(a) the Prime Minister of Pakistan who shall be the Chairperson, ex-officio; 
(b) Leader of Opposition in the Senate; 
(c) Leader of Opposition in the National Assembly; 
(d) Minister for Defence; 
(e) Minister for Health; 
(f) Minister for Foreign Affairs; 
(g) Minister for Social Welfare and Special Education; 
(h) Minister for Communications; 
(i) Minister for Finance; 
(j) Minister for Interior; 
(k) Governor Khyber Pakhtunkhwa (for Federally Administrative Tribal Areas); 
 
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(l) Chief Ministers of all the Provinces; 
(m) Prime Minister, AJ&K; 
(n) Chief Executive, Gilgit-Baltistan; 
(o) Chairman, JCSC or his nominee; and 
(p) representatives of civil society or any other person  appointed by the Prime 
Minister. 
  (3) The Director General, appointed under sub-section (3) of section  8 shall  act as ex-
officio Secretary of the National Commission. 
  4. Meetings of the National Commission.__ (1) The National Commission shall meet as 
and when necessary and at such time  and place as the Chairperson of the National Commission may 
think fit. 
(2) The Chairperson of the National  Commission shall preside over the meetings of the 
National Commission. 
  5. Appointment of officers and other employees of the National Commission. __ The 
Federal Government shall provide  the National  Commission with such officers,  consultants and 
employees, as it considers necessary for carrying out its functions. 
  6. Powers and functions of National Commission. __ (1) Subject to the provisions of 
this Act, the National Commission shall have the responsibility for laying down the policies,  plans 
and guidelines for disaster management. 
  (2) Without, prejudice to generality of the p rovisions in sub -section (1), the National  
Commission may__ 
(a)  lay down policies on disaster management;  
(b)  approve the National Plan; 
(c)  approve plans prepared  by the Ministries  or Divisions  of the Federal 
Government in accordance with the National Plan; 
(d)  lay down guidelines to be followed by Federal Government and Provincial 
Authorities; 
 (e) arrange for, and  oversee, the provision of funds for the purpose of mitigation 
measures, preparedness and response; 
 (f)  provide such support to other countries affected by major disasters as Federal 
Government may determine; and 
 (g) take such other measures for the prevention of disaster or the mitigation, or for 
preparedness and capacity building for dealing with disaster situation as it may 
consider necessary. 
 
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  (3) The Chairperson of the National Commission shall, in the case of emergency, have 
power to exercise all or any of the powers of the National Commission but exercise of such powers 
shall be subject to ex-post facto ratification by the National Commission. 
  7. Constitution of advisory committees by National Commission. __ (1) The National 
Commission may constitute an advisory committee or committees, as required, of experts in the field 
of disaster management. 
  (2) The members of the  advisory committees  shall be paid such allowances as may  be 
prescribed by the Federal Government. 
  8. Establishment of the National Disaster  Management Authority.__ (1) The Federal 
Government shall, immediately after issue of notification under sub-section (1) of section 3, establish 
an Authority to be known as National Disaster Management Authority. 
  (2) The National  Authority shall consist  of such number  of m embers as may be 
Prescribed and shall include as [the Director General] as its Chairperson. 
  (3) There shall be a Director  General of the National Authority, to be appointed  by the 
Federal Government, on such terms and conditions, as may be prescribed. 
  9. Powers and functions of the  National Disaster Management Authority .— The 
National Authority shall— 
(a) act as the implementing,  co-ordinating and monitoring  body for disaster 
management; 
(b) prepare the National Plan to be approved by the National Commission;  
(c) implement, co-ordinate and monitor the implementation of the national policy; 
(d) lay down guidelines for preparing  disaster management plans by different  
Ministries or departments and the Provincial Authorities; 
(e) provide necessary technical assistance to the Provincial  Governments and the 
Provincial Authorities  for preparing their disaster management plans  in 
accordance with the guidelines laid down by the National Commission; 
(f)  co-ordinate response in the event of any threatening disaster situation or 
disaster; 
(g)  lay down guidelines for or give directions  to the concerned  Ministries or 
Provincial Governments and the Provincial Authorities regarding measures to 
be taken by them in response to any threatening disaster situation or disaster; 
(h)  for any specific purpose or for general assistance requisition the services  of 
any person  and such person  shall be a co -opted member and  exercise such 
power as conferred upon him by the Authority in writing;  
(i)  promote general education and awareness in relation to disaster management; 
and 
 
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(j)  perform such other functions as the National  Commission may require to 
perform. 
  10. National Plan.___ (l) There shall be drawn up a  plan for disaster management  for the 
whole of the country to be called the National Plan. 
  (2) The National  Plan shall be prepared  by the National  Authority having regard  to the 
national policy and in consultation  with the Provincial  Governments and expert bodies or 
organizations in the field of disaster management, and approved by the National Commission. 
  (3) The National Plan shall include___ 
(a)  measures to be taken  for the prevention  of disasters or the mitigation of their  
effects; 
(b) measures to be taken for the integration  of mitigation measures in the 
development plans; 
(c) measures to be taken  for preparedness and capacity building to effectively  
respond to any threatening disaster situations or disaster; and 
(d) roles and responsibilities of different Ministries or Divisions  of the Federal  
Government in respect of measures specified in clauses (a), (b) and (c). 
  (4) The national plan shall be reviewed and updated annually. 
  (5) The Federal  Government shall make appropriate provisions for financing  the 
measures to be carried out under the national plan. 
  11. Guidelines for minimum standards of relief. __ Subject to directions of the National  
Commission, the National Authority shall lay down guidelines for the minimum standards of relief to 
be provided to persons affected by disaster which shall include___ 
(a)  the minimum  requirements to be provided in the relief camps in relation to 
shelter, food, drinking water, medical cover and sanitation; 
 (b)  the special provisions to be made for vulnerable groups; 
 (c) ex gratia assistance on account of loss of life and also assistance on account of 
damage to houses and for restoration of means of livelihood; and 
 (d)  such other relief as may be necessary. 
  12. Relief in loan repayment, etc.— Subject to such  directions as the N ational 
Commission may give, the National  Authority may, in cases of disasters  of severe magnitude , give 
directions regarding relief in repayment of loans or for grant of fresh loans to the persons affected by 
disaster on concessional terms as may be appropriate. 
  
 
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CHAPTER III 
PROVINCIAL DISASTER MANAGEMENT AUTHORITIES 
  13. Establishment of  Provincial Disaster Management Commission. __ (1) Each  
Provincial Government shall, as soon as may be after the issue of the  notification under sub-section 
(1) of section  3, by notification  in the o fficial Gazette, establish a Provincial Disaster Management 
Commission for the Province. 
  (2) The Provincial Commission shall consist__ 
(a)  the Chief Minister of the Province who shall be Chairperson, ex-officio; 
(b) Leader of the Opposition and one member nominated by him to be member of 
the Provincial Commission; 
(c)  other members to be nominated by Chief Minister; and 
(d) the Chairperson  of the Provincial  Commission may designate  one of  the 
members nominated under clause (c) to be the Vice-Chairperson. 
  14. Powers and functions of Provincial Commission.— (l) Subject to the provisions of 
this Act, a Provincial Commission shall have  the responsibility for laying  down policies and plans 
for disaster management in the Province. 
  (2) Without prejudice to the generality of provisions specified in sub -section (1), the 
Provincial Commission may__ 
(a)         lay down the Provincial disaster management policy; 
(b) lay down the Provincial Plan in accordance with the guidelines laid down by 
the National Commission; 
(c) approve the disaster  management plans prepared  by the departments of the 
Provincial Government; 
(d)  review the implementation of the plan; 
(e)  oversee the provision of funds for mitigation and preparedness measures; 
(f) review the development plans of the different departments of the Province and 
ensure that prevention and mitigation measures are integrated therein; and 
(g) review the measures  being taken fo r mitigation,  capacity building and 
preparedness by the departments of the Provincial Government and issue such 
guidelines or directions as may be necessary. 
  (3) The Chairperson of the Provincial Commission shall, in the case of emergency, have 
power to exercise all or any of the powers of the Provincial Commission but the exercise of such 
powers shall be subject to ex-post facto approval of the Provincial Commission. 
 
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  15. Establishment of Provincial Disaster Management Authority. __ (1) Each 
Provincial Government shall, as soon as may be after issue of the notification under  sub-section (1) 
of section  3, by notification  in the official  Gazette, establish a Provincial  Disaster Management 
Authority for the Province. 
  (2) The Provincial  Authority shall consist of such number  of m embers as may be 
prescribed and shall include as its Chairperson  the Provincial Director General or Provincial  Relief 
Commissioner. 
  (3) There shall be a Director  General of the Provincial Authority, to be appointed by the 
Provincial Government, with the status and powers  on such terms and conditions,  as may be 
prescribed by the Provincial Government. 
 16. Powers and Functions of Provincial Authority.__ (l) Subject to the provisions of this 
Act, a Provincial Authority shall be responsible  for implementing  policies and plans for disaster  
management in the Province. 
 (2) Without prejudice to the generality  of the foregoing  provisions, the Provincial 
Authority may__ 
(a) formulate the provincial disaster management policy obtaining the approval of 
the Provincial Commission; 
(b) co-ordinate and monitor the implementation of the National Policy, National 
Plan and Provincial Plan; 
(c) examine the vulnerability of different parts of the Pro vince to different 
disasters and specify prevention or mitigation measures; 
(d) lay down  guidelines to be followed  for preparation  of disaster management  
plans by the Provincial Departments and District Authorities; 
(e) evaluate preparedness at all governm ental or non -governmental levels to 
respond to disaster and to enhance preparedness; 
(f)  coordinate response in the event of disaster; 
(g) give directions to any Provincial department or authority regarding actions to 
be taken in response to disaster; 
(h) promote general education, awareness and community training in this regard; 
(i) provide necessary technical assistance or give  advice to District A uthorities 
and local authorities for carrying out their functions effectively; 
(j) advise the Provincial Government regarding all financial matters in relation to 
disaster management; 
(k) examine the construction in the area and if it is of the opinion that the 
standards laid down have not been followed , it may direct for following the 
same to secure compliance of such standards; 
 
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(l) ensure that  communication systems are in order  and disaster management 
drills are being carried out regularly; and 
(m) perform such other functions as may be assigned to it by the National or 
Provincial Authority. 
 17. Provincial Plan. __ (1) There shall be a plan for disaster management for every 
Province to be called the Provincial Disaster Management Plan. 
  (2) The Provincial Plan shall be prepared by the Provincial Authority having regard to the 
guidelines laid down by the National Authority after consultation with the District Government. 
  (3) The Provincial Plan shall include— 
(a)  the vulnerability  of different  parts of the Province  to different  forms of 
disasters; 
(b)  the measures to be adopted for prevention and mitigation of disasters; 
(c) the manner  in which the mitigation  measures shall be integrated  with the 
development plans and projects; 
(d)  the capacity building and preparedness measures to be taken; 
(e)  the roles and responsibilities of each Department  of the Government of the 
Province in relation to the measures specified in clauses (b), (c) and (d); and 
(f)  the roles and  responsibilities of different d epartments of the Government of 
the Province in responding to any threatening disaster situation or disaster. 
 (4) The Provincial Plan shall be reviewed and updated annually. 
CHAPTER IV 
DISTRICT DISASTER MANAGEMENT AUTHORITY 
  18. Constitution of District Disaster Management  Authority.__ (1) Each Provincial 
Government shall, as soon  as may be after issue of notification under sub -section (1) of section 13, 
by notification in the o fficial Gazette, establish a District Disaster  Management Authority for every 
district. 
  (2) The District Authority shall consist of such number of members, as may be prescribed 
by the Provincial Government and unless the rules otherwise provide, it shall consist of the following 
members, namely:__ 
(a) head of the local council at the district level (by whatever name called) who 
shall be Chairperson, ex-officio; 
(b) the District Coordination Officer; 
(c) the District Police Officer, ex-officio; 
 
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(d) the Executive District Officer, Health; and 
(e) such other district level officers, to be appointed by the District Government. 
19. Powers of Chairperson of District Authority .__ The Chairperson of the District  
Authority shall, in the case of an emergency,  have power to exercise all or any of the powers  of the 
District Authority but the exercise  of such powers shall be subject  to ex-post facto approval of the 
District Authority. 
  20. Powers and functions of District Authority.__ (1) Subject to the provisions of this 
Act,  the District Authority shall be as the district planning co-ordinating and implementing body for 
disaster management and take all measures for the purposes of the disaster management in the 
district in accordance with the guidelines laid down by the National Authority and Provincial 
Authority. 
  (2) Without prejudice to the generality of the foregoing provisions, the District Authority 
may__ 
(a)  prepare a disaster  management plan including  district response plan for the 
district; 
(b)  co-ordinate and monitor the implementation of the National Policy, Provincial 
Policy, National Plan, Provincial Plan and District Plan; 
(c)  ensure that the areas in the district vulnerable  to disasters  are identified and 
measures for the prevention  of disasters and the mitigation of its effects  are 
undertaken by the departments of the Government  at the district  level as well 
as by the local authorities; 
(d)  ensure that the guidelines  for prevention,  mitigation, preparedness and 
response measures as laid down  by the National Authority and the Provincial 
Authority are followed by all departments  of the Government at the district  
level and the local authorities in the district; 
(e)  give directions to different authorities at the district level and local authorities 
to take such other measures for the prevention  or mitig ation of disasters  as 
may be necessary; 
(f)  lay down guidelines  for preparation  of disaster  management plans the  
departments of the Government at the districts level and local authorities in the 
district; 
(g)  monitor the implementation  of disaster management plans prepared by the 
departments of the government at the district level; 
(h)  lay down guidelines to be followed by the departments of the Government at 
the district level; 
(i) organize and co-ordinate specialized training programmes  for different levels 
of officers, employees and voluntary rescue workers in the district; 
 
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(j)  facilitate community training and awareness programmes for prevention of  
disaster or mitigation with the support of local authorities, governmental  and 
non-governmental organizations; 
(k)  set up, maintain, review and upgrade the mechanism  for early warnings and 
dissemination of proper information to public; 
(l)  prepare, review and update district level response plan and guidelines;  
(m)   co-ordinate with, and give guidelines  to, local authorities  in the district to 
ensure that pre -disaster and post-disaster management activities in the district 
are carried out promptly and effectively; 
(n) review development plans prepared by the departments of the Government at 
the district level, statutory authorities or local authorities with  a view to make 
necessary provisions therein for prevention of disaster or mitigation; 
(o)  identify 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 
sanitation in such buildings or places; 
(p) establish stockpiles of relief and rescue materials or ensure preparedness  to 
make such materials available at a short notice; 
(q) provide information to the Provincial Authority relating to different aspects of 
disaster management; 
(r) encourage the involvement of non-governmental organizations and voluntary 
social-welfare institutions working at the grassroot  level in the district  for 
disaster management; 
(s) ensure communication systems are in order and disaster management drills are 
carried out periodically; and 
(t)  perform such other functions as the Provincial Government or Provincial  
Authority may assign to it or as it deems necessary for disaster management in 
the district. 
  21. District plan.__ (1) There shall be a plan for disaster management for every district of 
the Province. 
  (2) The District  Plan shall be prepared  by the District  Authority having regard  to the 
National Plan and the Provincial Plan. 
  (3) The District Plan shall be reviewed and updated annually. 
  22. Additional powers of District Authority. __ For the purpose of assisting, protecting  
or providing relief to the community, in response to any disaster, the District Authority may— 
(a) give directions  for the release and use of resources  available with any 
department of the Government and the local authority in the district; 
 
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(b) control and restrict vehicular  traffic to, from and within,  the vulnerable or 
affected area; 
(c) control and restrict the entry of any person  into, his movement  within and 
departure from, a vulnerable or affected area; 
(d)  remove debris, conduct search and carry out rescue operations; 
(e)  provide shelter, food, drinking water and essential provisions, healthcare and  
services; 
(f)  establish emergency communication systems in the affected area;  
(g) make arrangements for the disposal of the unclaimed dead bodies; 
(h) direct any department of the Government of the Province or any authority or 
body under that Government at the district  level to take such measures  as are 
necessary in its opinion; 
(i)  require experts and consultants in the relevant fields to advise and assist as it 
may deem necessary; 
(j) procure exclusive or preferential  use of amenities  from any authority or 
person; 
(k) construct temporary  bridges or other necessary  structures and demolish 
structures which may be hazardous  to public  or aggravate  the effects of the 
disaster; 
(l)  ensure that the non -governmental organizations carry out their activities in an 
equitable and non-discriminatory manner; and 
(m)  take such other steps as may be required  or warranted to be taken  in such a 
situation. 
CHAPTER V 
MEASURES BY THE GOVERNMENT FOR DISASTER MANAGEMENT 
  23. Federal Government to take measure. __ (l) Subject to the provisions of this Act, the 
Federal Government may take all such measures as it deems  necessary or expedient for the purpose 
of disaster management. 
  (2) In particular and without prejudice to the generality  of the foregoing provisions,  the 
measures which the Federal Government may take shall include measures with respect to all or any 
of the following matters, namely:__ 
(a)  co-ordination of actions of the Ministries  and Divisions  of the Federal 
Government, Provincial Governments, National Authority, Provincial 
Authorities, governmental and non-governmental organizations in relation  to 
disaster management; 
 
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(b) co-operation and assistance to Provincial Governments, as requested by them 
or otherwise deemed appropriate by it; 
(c)  requisition and deployment of armed forces, civil armed forces or any other 
civilian personnel or foreign contingents required for the purposes of this Act; 
 (d)  co-ordination with the United Nations’ agencies, international organizations  
and governments of foreign countries for the purposes of this Act; 
( e)  establish institutions for research, training, and developmental programmes in 
the field of disaster management: and 
(f) such other matters  as it deems necessary  or expedient  for the purpose of 
securing effective implementation of the provisions of this Act. 
  (3) The Federal  Government may exten d such support  to other  countries affected  by 
major disaster as it may deem appropriate. 
  24. Provincial Government  to take measures.__ Subject to the provisions  of this A ct, 
each Provincial  Government shall take all measures specified  in the  guidelines laid down  by the 
National Authority and such further measures as it deems necessary or expedient for the purpose of 
disaster management. 
CHAPTER VI 
LOCAL AUTHORITIES 
  25. Functions of the  local authority.__ (1) Subject  to the  directions of the District 
Authority, a local authority shall__ 
(a) ensure that its officers and employees are trained for disaster management; 
(b) ensure that resources relating to disaster management  are so maintained as to 
be readily available for use in the event of any threatening disaster situation or 
disaster; 
(c) ensure that all construction projects under it or within its jurisdiction conform 
to the standards  and specifications laid down for prevention of  disasters and 
mitigation by the  National Authority, Provincial Authority  and the District 
Authority; and 
(d) carry out relief, rehabilitation and reconstruction activities in the affected area 
in accordance with the Provincial Plan and the District Plan. 
  (2) The local authority may take such other measures as may be necessary for the disaster 
management. 
  
 
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CHAPTER VII 
NATIONAL INSTITUTE OF DISASTER MANAGEMENT 
 26. National Institute of Disaster Management.__ (l) With effect from such date as the 
Federal Government may, by notification in the official Gazette appoint in this behalf, there shall be 
established an institute to be called the National Institute of Disaster Management. 
 (2) Subject to the provisions  of this A ct, the National Institute of Disaster Management 
shall be responsible  for planning  and promoting  training and research  and developing core 
competencies in the area of disaster management, documentation and development of national level 
information base relating to disaster management  policies, prevention mechanisms and mitigation  
measures. 
  (3) Without prejudice to the generality of the foregoing provisions, the National Institute, 
for the discharge of its functions, may___ 
(a) develop training modules, undertake research and documentation in disaster  
management and organize training programmes; 
(b) formulate and implement a comprehensive human resource development  plan 
covering all aspects of disaster management; 
(c) provide assistance in national level policy formulation; 
(d) provide required assistance to the training  and research  institutes for 
development of training and research programmes for stakeholders including 
Government functionaries; 
(e) provide assistance to the Provincial  Governments in the formulation of 
Provincial level policies, strategies, disaster management  framework and any 
other assistance  as may be required  by the Provincial Governments for  
capacity building of stakeholders, Government including its functionaries,  
civil society members, corporate sector and people's elected representatives; 
(f) develop educational  materials for  disaster management including academic  
and professional courses; 
(g) promote awareness among stakeholders including college or school teachers  
and students,  technical personnel and others  associated with multi -hazard 
mitigation, preparedness and response measures; 
(h) do all such other lawful things as are conducive or incidental  to the attainment 
of the above objects; and 
(i) undertake any other  function as may be assigned  to it by the Fed eral 
Government. 
  
 
 
Page 17 of 20 
 
CHAPTER VIII 
NATIONAL DISASTER RESPONSE FORCE 
  27. Establishment of National Disaster Response Force.__ (l) There shall be established 
a National Disaster Response Force for the purpose of specialist response to a threatening disaster 
situation or disaster. 
  (2) Subject to the provisions of this Act, the force shall be constituted in such manner and 
the conditions of service of the members of the Force shall be such as may be prescribed. 
  28. Control, direction,  etc.__ The general superintendence, direction and control of the 
National Disaster Response Force shall vest in, and exercisable by, the National Authority. 
CHAPTER IX 
FINANCE, ACCOUNTS AND AUDIT 
 29. National f und for disaster management.__ (1) The Federal Government may, by 
notification in the Official Gazette, constitute a Fund to be called the National Disaster Management 
Fund for meeting any threatening disaster situation or disaster. 
 (2) The National Disaster Management Fund shall be financed from the following 
sources, namely:__ 
(a) grants made by the Federal Government; 
(b) loans, aid and donations from the national or international agencies; and 
(c) donations received from any other source. 
  (3) On commencement of this Act, the following Funds shall become part of the National 
Disaster Management Fund, namely:__ 
(a) Prime Minister's Disaster Relief Fund; and 
(b) any other fund relatable to natural calamities established at Federal level as the 
Federal Government may determine. 
  (4) The National  Disaster Management  Fund shall be kept in one or more accounts  
maintained by the National Authority, in local or foreign currency, in any scheduled bank in Pakistan 
and shall be operated in accordance with the directions of the National Authority. 
  (5) The National  Disaster Management Fund shall be administered  by the National  
Authority towards meeting the expenses for emergency preparedness, response, mitigation, relief and 
reconstruction. 
  30. Establishment of  funds by Provincial Governments.__ (1) The Provincial  
Governments shall, immediately after notifications issued for constituting the Provincial  Authority 
and the District Authorities, establish for the purposes of this Act the Fund to be called the Provincial 
Disaster Management Fund. 
 
Page 18 of 20 
 
  (2) The Provincial Disaster Management Fund shall be financed from the following  sources, 
namely:__ 
(a) grants made by the Federal Government or Provincial Governments; and 
(b) loans, aid and donations  from the national or international agencies provided 
in accordance with prescribed procedure. 
  (3) The Provincial Disaster Management Fund shall be kept  in one or more accounts  
maintained by the Provincial  Authority, in local or foreign  currency, in any  scheduled bank in 
Pakistan and shall be operated in accordance with the directions of the Provincial Authority. 
  (4) The Provincial  Disaster Management Fund shall be administered  by the Provincial  
Authority towards meeting the expenses for emergency preparedness, response, mitigation, relief and 
reconstruction in the Province. 
  31. Allocation of funds by Federal and Provincial Governments .__ The Federal 
Government and Provincial Governments shall, in their annual  budgets, make provisions for funds 
for the purposes of carrying out the activities and programmes set out in its disaster  management 
plan. 
 32. Emergency procurement and accounting.__Where by reason  of any  impending 
disaster situation or disaster, the National Authority or Provincial Authority  or District Auth ority is 
satisfied that immediate  procurement of provisions or  materials or the immediate  application of 
resources are necessary for rescue or relief it may authorize the concerned department or authority to 
make the emergency procurement  and in such case, the standard  procedure requiring inviting of 
tenders shall be deemed to be waived. 
CHAPTER X 
OFFENCES AND PENALTIES 
 33. Punishment 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 Authority  or Provincial 
Authority or District Authority in the discharge of his functions under this Act; 
or 
(b)  refuses to comply with any direction given by or on behalf  of the Federal  
Government or Provincial Government under this Act; 
shall be punishable with imprisonment for a term which may extend to one year or with fine or with 
both and, if such obstruction or refusal to comply with such directions results  in loss of lives or 
imminent danger thereto, shall be punishable with imprisonment for a term which may extend to two 
years, or with fine, or with both. 
  34. Punishment for false claim.__ Whoever knowingly makes a claim which he knows or 
has reason to believe to be false for obtaining any relief or assistance for repair, reconstruction or 
other benefits consequent  to disaster  from any officer of the Federal Government,  Provincial 
Government, the National Authority, Provincial  authority or District Authority,  shall be punishable 
with imprisonment for a term which may extend to two years or with fine or with both. 
 
Page 19 of 20 
 
  35. Punishment for false warning.___ Whoever makes or  circulates a false alarm  or 
warning as to disaster  or its severity  or magnitude  leading to panic shall be punishable  with 
imprisonment which may extend to one year or with fine. 
 36. Failure of officer in duty or his connivance at the contravention of the provisions 
of this  Act.___ Any officer,  on whom  any duty  has been imposed  by or under  this Act and who 
refuses to perform or withdraws himself from the duties of his office shall, unless he has obtained the 
express written permission  of his official superior or has other lawful excuse for so  doing, be 
punishable with imprisonment for a term which may extend to one year or with fine. 
CHAPTER Xl 
MISCELLANEOUS 
  37. Prohibition against discrimination. __ While providing  compensation and relief to 
the victims  of disaster,  there shall be no discrimination  on the ground of sex, caste, community,  
descent or religion. 
  38. Power of requisition of resources, provisions, vehicles, etc., for rescue operations, 
etc.__ If it appears to the National Authority, Provincial Authority or District Authority or any officer 
as may be authorized by it in this behalf that__ 
(a) any resources  with any authority or person  are needed  for the purpose of 
prompt response; 
(b) any premises are needed or likely  to be needed  for the  purpose of rescue  
operations; or 
(c) any vehicle is needed or is likely to be needed for the purposes of transport of 
resources from disaster affected areas or transport of resources to the affected 
area or transport in connection with rescue, rehabilitation or reconstruction; 
such authority may, by order in writing, requisition such resources or premises or such vehicle, as the 
case may be, and may make such further  orders as may appear to it to be necessary  or expedient in 
this connection. 
  39. Payment of compensation. __ Whenever any authority requisitions any premises there 
shall be paid  to its owner  compensation the amount of which shall be determined  by taking  into 
consideration the rent payable in respect of the premises, or if no rent is so payable, the rent payable 
for similar premises in the locality: 
  Provided that any owner of premises  being aggrieved by the  amount of compensation so 
determined may within thirty days make all application to the Federal Government or the Provincial 
Government, as the case may be: 
  Provided further that where there is any dispute as to the title to receive the compensation  or 
as to the apportionment  of the amount of compensation,  it shall be referred  to the Federal  
Government or the Provincial Government, as the case may be. 
 40. Direction to media for communication of warnings, etc. __ The National Authority, 
the Provincial Authority, or a District Authority may give direction to any  authority or person  in 
control of any  audio or audio -visual media or such other means of communication  as may be 
 
Page 20 of 20 
 
available to carry out warnings or advisor ies regarding any impending disaster situation or disaster, 
and such authority of person shall comply with such direction. 
  41. Annual report.__ (1) The National Authority  shall prepare once every year, in such 
form and at such time as may be prescribed  by rules, an annual  report giving a true and full account  
of its activities  during the previous  year and copies thereof  shall be forwarded  to the Federal  
Government which shall lay it before the National Assembly and the Senate. 
  (2) The Provincial Authority and the District Authority  shall prepare once every year, in 
such form and at such time as may be prescribed  by rules, an annual report giving  a true and  full 
account of its activities  during the previous  year and copies  thereof shall be forwarded  to the 
Provincial Government which shall lay it before the Provincial Assembly. 
  42. Bar of jurisdiction. __ No court or tribunal shall have jurisdiction to entertain any suit 
or proceeding  in respect  of anything  done, action taken, orders made, direction,  instruction or 
guidelines issued by the Federal Government, National Authority, Provincial or District Authority in 
pursuance of any power conferred by, or in relation to its functions, by this Act. 
 43. Indemnity.__ Officers and employees of the Federal Government, National Authority, 
Provincial Government, Provincial Authority  or District Authority shall  be immune from legal 
process in regard to any warning in respect of any impending disaster communicated or disseminated 
by them in their official capacity or any action taken or direction issued by them in pursuance of such 
communication or dissemination. 
  44. Action 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 the Provincial Government or 
the Provincial Authority or the District Authority or local authority or any officer or employee of the 
Federal Government or the National  Authority or the Provincial  Government or  the Pr ovincial 
Authority or the  District Authority in respect of any work done or purported to have been done or 
intended to be, in good faith, done by such authority  or Government or such officer or employee or 
such person under the provisions of this Act or the rules made hereunder. 
  45. Delegation of powers to the National Authority.__ The Commission may, for 
effective implementation of the national policy on disaster management, by general or special order 
delegate to the National  Authority any of its powers or functions  under this Act, subject to such 
conditions as it may think fit to impose. 
 46. Act to override other laws.__ The provisions of this Act, have effect, notwithstanding 
anything in any other law for the time being in force. 
  47. Power to make rules .__ The Federal Government  and Provincial Governments may, 
by notification in the official Gazette, make rules for carrying out the purposes of this Act. 
  48. Removal of difficulties .__ If any difficulty arises in giving effect to the provisions of 
this Act, the Federal Government or the Provincial Government as the case may be, may, by 
notification in the official Gazette, make such order, not inconsistent with the provisions  of this Act, 
as may appear to it to be necessary or expedient for the removal of the difficulty. 
 
           Uploaded on 15.02.2024
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Section 18

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onse; (iii) recovery and rehabilitation; and (iv) reconstruction; (d) “District Authority ” means th e District Disaster Management Authority established under section 18; (e) “District Plan” means a Disaster Management Plan prepared for a particular district under section 21; (f) “Federal Government ” means the Ministry or Division of the Federal Government having administrative con

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Section 21

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istrict Disaster Management Authority established under section 18; (e) “District Plan” means a Disaster Management Plan prepared for a particular district under section 21; (f) “Federal Government ” means the Ministry or Division of the Federal Government having administrative control of disaster management; Page 5 of 20 (g) “National Authority” means the National Disaster Man

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Section 8

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g administrative control of disaster management; Page 5 of 20 (g) “National Authority” means the National Disaster Management Authority established under section 8; (h) “National Plan” means the plan for disaster management for the whole of the country prepared under section 10; (i) “National Commission” means the National Disaster Management Commission established under section

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Section 10

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Disaster Management Authority established under section 8; (h) “National Plan” means the plan for disaster management for the whole of the country prepared under section 10; (i) “National Commission” means the National Disaster Management Commission established under section 3; (j) “prescribed” means prescribed by rules made under this Act; (k) “Provincial Authority” means the Provinci

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Section 3

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management for the whole of the country prepared under section 10; (i) “National Commission” means the National Disaster Management Commission established under section 3; (j) “prescribed” means prescribed by rules made under this Act; (k) “Provincial Authority” means the Provincial Disaster Management Authority established under section 15; (l) “Provincial Commission” means the Prov

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Section 15

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(j) “prescribed” means prescribed by rules made under this Act; (k) “Provincial Authority” means the Provincial Disaster Management Authority established under section 15; (l) “Provincial Commission” means the Provincial Disaster Management Commission established under section 13; and (m) “Provincial Plan” means the plan for disaster management for a Province prepared under section 1

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Section 13

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al Disaster Management Authority established under section 15; (l) “Provincial Commission” means the Provincial Disaster Management Commission established under section 13; and (m) “Provincial Plan” means the plan for disaster management for a Province prepared under section 17. CHAPTER II THE NATIONAL DISASTER MANAGEMENT COMMISSION 3. Establishment of National Disaster Management C

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Section 17

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ial Disaster Management Commission established under section 13; and (m) “Provincial Plan” means the plan for disaster management for a Province prepared under section 17. CHAPTER II THE NATIONAL DISASTER MANAGEMENT COMMISSION 3. Establishment of National Disaster Management Commission .__ (l) As soon as may, be after the commencement of this Act the Federal Government may by a notific

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Section 8

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inee; and (p) representatives of civil society or any other person appointed by the Prime Minister. (3) The Director General, appointed under sub-section (3) of section 8 shall act as ex- officio Secretary of the National Commission. 4. Meetings of the National Commission.__ (1) The National Commission shall meet as and when necessary and at such time and place as the Chairperson of the N

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Section 3

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8. Establishment of the National Disaster Management Authority.__ (1) The Federal Government shall, immediately after issue of notification under sub-section (1) of section 3, establish an Authority to be known as National Disaster Management Authority. (2) The National Authority shall consist of such number of m embers as may be Prescribed and shall include as [the Director General] as its

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Section 3

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Provincial Disaster Management Commission. __ (1) Each Provincial Government shall, as soon as may be after the issue of the notification under sub-section (1) of section 3, by notification in the o fficial Gazette, establish a Provincial Disaster Management Commission for the Province. (2) The Provincial Commission shall consist__ (a) the Chief Minister of the Province who shall be Chairp

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Section 3

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ent of Provincial Disaster Management Authority. __ (1) Each Provincial Government shall, as soon as may be after issue of the notification under sub-section (1) of section 3, by notification in the official Gazette, establish a Provincial Disaster Management Authority for the Province. (2) The Provincial Authority shall consist of such number of m embers as may be prescribed and shall in

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Section 13

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nstitution of District Disaster Management Authority.__ (1) Each Provincial Government shall, as soon as may be after issue of notification under sub -section (1) of section 13, by notification in the o fficial Gazette, establish a District Disaster Management Authority for every district. (2) The District Authority shall consist of such number of members, as may be prescribed by the Provinci

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Provisions explicitly cited in other instruments 1

Article 144 of Constitution of the Islamic Republic of Pakistan

Cited by National Disaster Management (NDM) Act, 2010

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ected therewith or incidental thereto; AND WHEREAS th e Provincial Assemblies of Balochistan, the Khyber Pakhtunkhwa, and the Punjab have passed resolutions under Article 144 of the Constitution of the Islamic Republic of Pakistan to the effect that Majlis-e-Shoora (Parliament) may, by law, regulate the national disaster management system to overcome unforeseen situations: It is hereby enacted as follows:— 1. Short title, extent and commencement.

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Target heading · Constitution of the Islamic Republic of Pakistan

144. Power of Majlis-e-Shoora (Parliament) to legislate for 8[One] or more Provinces by consent.__ (1) If 8[one] or more Provincial Assemblies pass resolutions to the effect that 3[Majlis-e- 1Existing Article 140A stands omitted as a consequence of the (Eighteenth Amendment) Act, 2010 (Act No. X of 2010), see se

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National Disaster Management (NDM) Act, 2010
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27847e1fcba9ba1a673d2da07268e227701eb1e181269eb1403a3e889e182d83

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