{ "schema_version": "qanun-law-text/1", "id": "pk-code-da65333c18a0ac7b", "title": "National Disaster Management (NDM) Act, 2010", "source_collection": "Federal", "content_kind": "stored_law_text", "content_extent": null, "source_url": "https://pakistancode.gov.pk/alpha/UY2FqaJw1-apaUY2Fqa-apaUY2FsbJ0%3D-sg-jjjjjjjjjjjjj", "version": null, "source_snapshot": null, "legal_status": "not independently verified", "text_quality": "Complete stored UTF-8 TXT file recovered byte-for-byte from owned Drive. Source transcription retained verbatim; legal completeness, OCR accuracy and current consolidation unverified.", "text_sha256": "27847e1fcba9ba1a673d2da07268e227701eb1e181269eb1403a3e889e182d83", "source_sha256": "27847e1fcba9ba1a673d2da07268e227701eb1e181269eb1403a3e889e182d83", "text_version_id": "law:pk-code-da65333c18a0ac7b:sha256:27847e1fcba9ba1a673d2da07268e227701eb1e181269eb1403a3e889e182d83", "quality_flags": [], "encoding": "UTF-8", "text": "Page 1 of 20 \r\n \r\n \r\n \r\n \r\n THE NATIONAL DISASTER MANAGEMENT ACT, 2010 \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\nCONTENTS \r\n1. Short title, extent and commencement \r\n2. Definitions \r\nCHAPTER II \r\nTHE NATIONAL DISASTER MANAGEMENT COMMISSION \r\n3. Establishment of National Disaster Management Commission \r\n4. Meetings of the National Commission \r\n5. Appointment of officers, and other employees of the National Commission \r\n6. Powers and functions of National Commission \r\n7. Constitution of advisory committees by National Commission \r\n8. Establishment of the National Disaster Management Authority \r\n9. Powers and functions of the National Disaster Management Authority \r\n10. National Plan \r\n11. Guidelines for minimum standards of relief \r\n12. Relief in loan repayment, etc. \r\nCHAPTER III \r\nPROVINCIAL DISASTER MANAGEMENT AUTHORITIES \r\n13. Establishment of Provincial Disaster Management Commission \r\n14. Powers and functions of Provincial Commission \r\n15. Establishment of Provincial Disaster Management Authority \r\n\r\n \r\nPage 2 of 20 \r\n \r\n16. Powers and Functions of Provincial Authority \r\n17. Provincial Plan \r\nCHAPTER IV \r\nDISTRICT DISASTER MANAGEMENT AUTHORITY \r\n18. Constitution of District Disaster Management Authority \r\n19. Powers of Chairperson of District Authority \r\n20. Powers and functions of District Authority \r\n21. District plan \r\n22. Additional powers of District Authority \r\nCHAPTER V \r\nMEASURES BY THE GOVERNMENT FOR DISASTER MANAGEMENT \r\n23. Federal Government to take measure \r\n24. Provincial Government to take measures \r\nCHAPTER VI \r\nLOCAL AUTHORITIES \r\n25. Functions of the local authority \r\nCHAPTER VII \r\nNATIONAL INSTITUTE OF DISASTER MANAGEMENT \r\n26. National Institute of Disaster Management \r\nCHAPTER VIII \r\nNATIONAL DISASTER RESPONSE FORCE \r\n27. Establishment of National Disaster Response Force \r\n28. Control, direction, etc. \r\nCHAPTER IX \r\nFINANCE, ACCOUNTS AND AUDIT \r\n29. National fund for disaster management \r\n30. Establishment of funds by Provincial Governments \r\n31. Allocation of funds by Federal and Provincial Governments \r\n32. Emergency procurement and accounting \r\n \r\n \r\nPage 3 of 20 \r\n \r\nCHAPTER X \r\nOFFENCES AND PENALTIES \r\n33. Punishment for obstruction, etc. \r\n34. Punishment for false claim \r\n35. Punishment for false warning \r\n36. Failure of officer in duty or his connivance at the contravention of the provisions of this Act \r\nCHAPTER Xl \r\nMISCELLANEOUS \r\n37. Prohibition against discrimination \r\n38. Power of requisition of resources, provisions, vehicles, etc., for rescue operations, etc. \r\n39. Payment of compensation \r\n40. Direction to media for communication of warnings, etc. \r\n41. Annual report \r\n42. Bar of jurisdiction \r\n43. Indemnity \r\n44. Action taken in good faith \r\n45. Delegation of powers to the National Authority \r\n46. Act to override other laws \r\n47. Power to make rules \r\n48. Removal of difficulties \r\n \r\n \r\n \r\nPage 4 of 20 \r\n \r\nTHE NATIONAL DISASTER MANAGEMENT ACT, 2010 \r\nACT No. XXIV OF 2010 \r\n[11th December, 2010] \r\nAn Act to provide for the establishment of a National Disaster Management System for Pakistan \r\n WHEREAS it is expedient to provide for an effective national disaster management system \r\nand for matters connected therewith or incidental thereto; \r\n AND WHEREAS th e Provincial Assemblies of Balochistan, the Khyber Pakhtunkhwa, and \r\nthe Punjab have passed resolutions under Article 144 of the Constitution of the Islamic Republic of \r\nPakistan to the effect that Majlis-e-Shoora (Parliament) may, by law, regulate the national disaster \r\nmanagement system to overcome unforeseen situations: \r\n It is hereby enacted as follows:— \r\n 1. Short title, extent and commencement. __ (1) This Act may be called the National \r\nDisaster Management Act, 2010. \r\n(2) It extends to the whole of Pakistan. \r\n (3) It shall come into force on the 17th of August, 2007. \r\n 2. Definitions.__ In this Act, unless the context otherwise requires,__ \r\n(a) “affected area” means an area or part of the country affected by a disaster; \r\n(b) “disaster” means a catastrophe, or a calamity in an affected area, arising from \r\nnatural or man-made causes, or by accident which results in a substantial loss \r\nof life or human suffering or damage to, and destruction of, property; \r\n(c) “disaster management” means managing the complete disaster spectrum , \r\nincluding__ \r\n(i) preparedness; \r\n(ii) response; \r\n(iii) recovery and rehabilitation; and \r\n(iv) reconstruction; \r\n(d) “District Authority ” means th e District Disaster Management Authority \r\nestablished under section 18; \r\n (e) “District Plan” means a Disaster Management Plan prepared for a particular \r\ndistrict under section 21; \r\n (f) “Federal Government ” means the Ministry or Division of the Federal \r\nGovernment having administrative control of disaster management; \r\n \r\nPage 5 of 20 \r\n \r\n (g) “National Authority” means the National Disaster Management Authority \r\nestablished under section 8; \r\n (h) “National Plan” means the plan for disaster management for the whole of the \r\ncountry prepared under section 10; \r\n (i) “National Commission” means the National Disaster Management \r\nCommission established under section 3; \r\n (j) “prescribed” means prescribed by rules made under this Act; \r\n (k) “Provincial Authority” means the Provincial Disaster Management Authority \r\nestablished under section 15; \r\n (l) “Provincial Commission” means the Provincial Disaster Management \r\nCommission established under section 13; and \r\n (m) “Provincial Plan” means the plan for disaster management for a Province \r\nprepared under section 17. \r\nCHAPTER II \r\nTHE NATIONAL DISASTER MANAGEMENT COMMISSION \r\n 3. Establishment of National Disaster Management Commission .__ (l) As soon as \r\nmay, be after the commencement of this Act the Federal Government may by a notification in the \r\nOfficial Gazette, establish a Commission to be known as the National Disaster Management \r\nCommission. \r\n (2) The National Commission shall consist of__ \r\n(a) the Prime Minister of Pakistan who shall be the Chairperson, ex-officio; \r\n(b) Leader of Opposition in the Senate; \r\n(c) Leader of Opposition in the National Assembly; \r\n(d) Minister for Defence; \r\n(e) Minister for Health; \r\n(f) Minister for Foreign Affairs; \r\n(g) Minister for Social Welfare and Special Education; \r\n(h) Minister for Communications; \r\n(i) Minister for Finance; \r\n(j) Minister for Interior; \r\n(k) Governor Khyber Pakhtunkhwa (for Federally Administrative Tribal Areas); \r\n \r\nPage 6 of 20 \r\n \r\n(l) Chief Ministers of all the Provinces; \r\n(m) Prime Minister, AJ&K; \r\n(n) Chief Executive, Gilgit-Baltistan; \r\n(o) Chairman, JCSC or his nominee; and \r\n(p) representatives of civil society or any other person appointed by the Prime \r\nMinister. \r\n (3) The Director General, appointed under sub-section (3) of section 8 shall act as ex-\r\nofficio Secretary of the National Commission. \r\n 4. Meetings of the National Commission.__ (1) The National Commission shall meet as \r\nand when necessary and at such time and place as the Chairperson of the National Commission may \r\nthink fit. \r\n(2) The Chairperson of the National Commission shall preside over the meetings of the \r\nNational Commission. \r\n 5. Appointment of officers and other employees of the National Commission. __ The \r\nFederal Government shall provide the National Commission with such officers, consultants and \r\nemployees, as it considers necessary for carrying out its functions. \r\n 6. Powers and functions of National Commission. __ (1) Subject to the provisions of \r\nthis Act, the National Commission shall have the responsibility for laying down the policies, plans \r\nand guidelines for disaster management. \r\n (2) Without, prejudice to generality of the p rovisions in sub -section (1), the National \r\nCommission may__ \r\n(a) lay down policies on disaster management; \r\n(b) approve the National Plan; \r\n(c) approve plans prepared by the Ministries or Divisions of the Federal \r\nGovernment in accordance with the National Plan; \r\n(d) lay down guidelines to be followed by Federal Government and Provincial \r\nAuthorities; \r\n (e) arrange for, and oversee, the provision of funds for the purpose of mitigation \r\nmeasures, preparedness and response; \r\n (f) provide such support to other countries affected by major disasters as Federal \r\nGovernment may determine; and \r\n (g) take such other measures for the prevention of disaster or the mitigation, or for \r\npreparedness and capacity building for dealing with disaster situation as it may \r\nconsider necessary. \r\n \r\nPage 7 of 20 \r\n \r\n (3) The Chairperson of the National Commission shall, in the case of emergency, have \r\npower to exercise all or any of the powers of the National Commission but exercise of such powers \r\nshall be subject to ex-post facto ratification by the National Commission. \r\n 7. Constitution of advisory committees by National Commission. __ (1) The National \r\nCommission may constitute an advisory committee or committees, as required, of experts in the field \r\nof disaster management. \r\n (2) The members of the advisory committees shall be paid such allowances as may be \r\nprescribed by the Federal Government. \r\n 8. Establishment of the National Disaster Management Authority.__ (1) The Federal \r\nGovernment shall, immediately after issue of notification under sub-section (1) of section 3, establish \r\nan Authority to be known as National Disaster Management Authority. \r\n (2) The National Authority shall consist of such number of m embers as may be \r\nPrescribed and shall include as [the Director General] as its Chairperson. \r\n (3) There shall be a Director General of the National Authority, to be appointed by the \r\nFederal Government, on such terms and conditions, as may be prescribed. \r\n 9. Powers and functions of the National Disaster Management Authority .— The \r\nNational Authority shall— \r\n(a) act as the implementing, co-ordinating and monitoring body for disaster \r\nmanagement; \r\n(b) prepare the National Plan to be approved by the National Commission; \r\n(c) implement, co-ordinate and monitor the implementation of the national policy; \r\n(d) lay down guidelines for preparing disaster management plans by different \r\nMinistries or departments and the Provincial Authorities; \r\n(e) provide necessary technical assistance to the Provincial Governments and the \r\nProvincial Authorities for preparing their disaster management plans in \r\naccordance with the guidelines laid down by the National Commission; \r\n(f) co-ordinate response in the event of any threatening disaster situation or \r\ndisaster; \r\n(g) lay down guidelines for or give directions to the concerned Ministries or \r\nProvincial Governments and the Provincial Authorities regarding measures to \r\nbe taken by them in response to any threatening disaster situation or disaster; \r\n(h) for any specific purpose or for general assistance requisition the services of \r\nany person and such person shall be a co -opted member and exercise such \r\npower as conferred upon him by the Authority in writing; \r\n(i) promote general education and awareness in relation to disaster management; \r\nand \r\n \r\nPage 8 of 20 \r\n \r\n(j) perform such other functions as the National Commission may require to \r\nperform. \r\n 10. National Plan.___ (l) There shall be drawn up a plan for disaster management for the \r\nwhole of the country to be called the National Plan. \r\n (2) The National Plan shall be prepared by the National Authority having regard to the \r\nnational policy and in consultation with the Provincial Governments and expert bodies or \r\norganizations in the field of disaster management, and approved by the National Commission. \r\n (3) The National Plan shall include___ \r\n(a) measures to be taken for the prevention of disasters or the mitigation of their \r\neffects; \r\n(b) measures to be taken for the integration of mitigation measures in the \r\ndevelopment plans; \r\n(c) measures to be taken for preparedness and capacity building to effectively \r\nrespond to any threatening disaster situations or disaster; and \r\n(d) roles and responsibilities of different Ministries or Divisions of the Federal \r\nGovernment in respect of measures specified in clauses (a), (b) and (c). \r\n (4) The national plan shall be reviewed and updated annually. \r\n (5) The Federal Government shall make appropriate provisions for financing the \r\nmeasures to be carried out under the national plan. \r\n 11. Guidelines for minimum standards of relief. __ Subject to directions of the National \r\nCommission, the National Authority shall lay down guidelines for the minimum standards of relief to \r\nbe provided to persons affected by disaster which shall include___ \r\n(a) the minimum requirements to be provided in the relief camps in relation to \r\nshelter, food, drinking water, medical cover and sanitation; \r\n (b) the special provisions to be made for vulnerable groups; \r\n (c) ex gratia assistance on account of loss of life and also assistance on account of \r\ndamage to houses and for restoration of means of livelihood; and \r\n (d) such other relief as may be necessary. \r\n 12. Relief in loan repayment, etc.— Subject to such directions as the N ational \r\nCommission may give, the National Authority may, in cases of disasters of severe magnitude , give \r\ndirections regarding relief in repayment of loans or for grant of fresh loans to the persons affected by \r\ndisaster on concessional terms as may be appropriate. \r\n \r\n \r\nPage 9 of 20 \r\n \r\nCHAPTER III \r\nPROVINCIAL DISASTER MANAGEMENT AUTHORITIES \r\n 13. Establishment of Provincial Disaster Management Commission. __ (1) Each \r\nProvincial Government shall, as soon as may be after the issue of the notification under sub-section \r\n(1) of section 3, by notification in the o fficial Gazette, establish a Provincial Disaster Management \r\nCommission for the Province. \r\n (2) The Provincial Commission shall consist__ \r\n(a) the Chief Minister of the Province who shall be Chairperson, ex-officio; \r\n(b) Leader of the Opposition and one member nominated by him to be member of \r\nthe Provincial Commission; \r\n(c) other members to be nominated by Chief Minister; and \r\n(d) the Chairperson of the Provincial Commission may designate one of the \r\nmembers nominated under clause (c) to be the Vice-Chairperson. \r\n 14. Powers and functions of Provincial Commission.— (l) Subject to the provisions of \r\nthis Act, a Provincial Commission shall have the responsibility for laying down policies and plans \r\nfor disaster management in the Province. \r\n (2) Without prejudice to the generality of provisions specified in sub -section (1), the \r\nProvincial Commission may__ \r\n(a) lay down the Provincial disaster management policy; \r\n(b) lay down the Provincial Plan in accordance with the guidelines laid down by \r\nthe National Commission; \r\n(c) approve the disaster management plans prepared by the departments of the \r\nProvincial Government; \r\n(d) review the implementation of the plan; \r\n(e) oversee the provision of funds for mitigation and preparedness measures; \r\n(f) review the development plans of the different departments of the Province and \r\nensure that prevention and mitigation measures are integrated therein; and \r\n(g) review the measures being taken fo r mitigation, capacity building and \r\npreparedness by the departments of the Provincial Government and issue such \r\nguidelines or directions as may be necessary. \r\n (3) The Chairperson of the Provincial Commission shall, in the case of emergency, have \r\npower to exercise all or any of the powers of the Provincial Commission but the exercise of such \r\npowers shall be subject to ex-post facto approval of the Provincial Commission. \r\n \r\nPage 10 of 20 \r\n \r\n 15. Establishment of Provincial Disaster Management Authority. __ (1) Each \r\nProvincial Government shall, as soon as may be after issue of the notification under sub-section (1) \r\nof section 3, by notification in the official Gazette, establish a Provincial Disaster Management \r\nAuthority for the Province. \r\n (2) The Provincial Authority shall consist of such number of m embers as may be \r\nprescribed and shall include as its Chairperson the Provincial Director General or Provincial Relief \r\nCommissioner. \r\n (3) There shall be a Director General of the Provincial Authority, to be appointed by the \r\nProvincial Government, with the status and powers on such terms and conditions, as may be \r\nprescribed by the Provincial Government. \r\n 16. Powers and Functions of Provincial Authority.__ (l) Subject to the provisions of this \r\nAct, a Provincial Authority shall be responsible for implementing policies and plans for disaster \r\nmanagement in the Province. \r\n (2) Without prejudice to the generality of the foregoing provisions, the Provincial \r\nAuthority may__ \r\n(a) formulate the provincial disaster management policy obtaining the approval of \r\nthe Provincial Commission; \r\n(b) co-ordinate and monitor the implementation of the National Policy, National \r\nPlan and Provincial Plan; \r\n(c) examine the vulnerability of different parts of the Pro vince to different \r\ndisasters and specify prevention or mitigation measures; \r\n(d) lay down guidelines to be followed for preparation of disaster management \r\nplans by the Provincial Departments and District Authorities; \r\n(e) evaluate preparedness at all governm ental or non -governmental levels to \r\nrespond to disaster and to enhance preparedness; \r\n(f) coordinate response in the event of disaster; \r\n(g) give directions to any Provincial department or authority regarding actions to \r\nbe taken in response to disaster; \r\n(h) promote general education, awareness and community training in this regard; \r\n(i) provide necessary technical assistance or give advice to District A uthorities \r\nand local authorities for carrying out their functions effectively; \r\n(j) advise the Provincial Government regarding all financial matters in relation to \r\ndisaster management; \r\n(k) examine the construction in the area and if it is of the opinion that the \r\nstandards laid down have not been followed , it may direct for following the \r\nsame to secure compliance of such standards; \r\n \r\nPage 11 of 20 \r\n \r\n(l) ensure that communication systems are in order and disaster management \r\ndrills are being carried out regularly; and \r\n(m) perform such other functions as may be assigned to it by the National or \r\nProvincial Authority. \r\n 17. Provincial Plan. __ (1) There shall be a plan for disaster management for every \r\nProvince to be called the Provincial Disaster Management Plan. \r\n (2) The Provincial Plan shall be prepared by the Provincial Authority having regard to the \r\nguidelines laid down by the National Authority after consultation with the District Government. \r\n (3) The Provincial Plan shall include— \r\n(a) the vulnerability of different parts of the Province to different forms of \r\ndisasters; \r\n(b) the measures to be adopted for prevention and mitigation of disasters; \r\n(c) the manner in which the mitigation measures shall be integrated with the \r\ndevelopment plans and projects; \r\n(d) the capacity building and preparedness measures to be taken; \r\n(e) the roles and responsibilities of each Department of the Government of the \r\nProvince in relation to the measures specified in clauses (b), (c) and (d); and \r\n(f) the roles and responsibilities of different d epartments of the Government of \r\nthe Province in responding to any threatening disaster situation or disaster. \r\n (4) The Provincial Plan shall be reviewed and updated annually. \r\nCHAPTER IV \r\nDISTRICT DISASTER MANAGEMENT AUTHORITY \r\n 18. Constitution of District Disaster Management Authority.__ (1) Each Provincial \r\nGovernment shall, as soon as may be after issue of notification under sub -section (1) of section 13, \r\nby notification in the o fficial Gazette, establish a District Disaster Management Authority for every \r\ndistrict. \r\n (2) The District Authority shall consist of such number of members, as may be prescribed \r\nby the Provincial Government and unless the rules otherwise provide, it shall consist of the following \r\nmembers, namely:__ \r\n(a) head of the local council at the district level (by whatever name called) who \r\nshall be Chairperson, ex-officio; \r\n(b) the District Coordination Officer; \r\n(c) the District Police Officer, ex-officio; \r\n \r\nPage 12 of 20 \r\n \r\n(d) the Executive District Officer, Health; and \r\n(e) such other district level officers, to be appointed by the District Government. \r\n19. Powers of Chairperson of District Authority .__ The Chairperson of the District \r\nAuthority shall, in the case of an emergency, have power to exercise all or any of the powers of the \r\nDistrict Authority but the exercise of such powers shall be subject to ex-post facto approval of the \r\nDistrict Authority. \r\n 20. Powers and functions of District Authority.__ (1) Subject to the provisions of this \r\nAct, the District Authority shall be as the district planning co-ordinating and implementing body for \r\ndisaster management and take all measures for the purposes of the disaster management in the \r\ndistrict in accordance with the guidelines laid down by the National Authority and Provincial \r\nAuthority. \r\n (2) Without prejudice to the generality of the foregoing provisions, the District Authority \r\nmay__ \r\n(a) prepare a disaster management plan including district response plan for the \r\ndistrict; \r\n(b) co-ordinate and monitor the implementation of the National Policy, Provincial \r\nPolicy, National Plan, Provincial Plan and District Plan; \r\n(c) ensure that the areas in the district vulnerable to disasters are identified and \r\nmeasures for the prevention of disasters and the mitigation of its effects are \r\nundertaken by the departments of the Government at the district level as well \r\nas by the local authorities; \r\n(d) ensure that the guidelines for prevention, mitigation, preparedness and \r\nresponse measures as laid down by the National Authority and the Provincial \r\nAuthority are followed by all departments of the Government at the district \r\nlevel and the local authorities in the district; \r\n(e) give directions to different authorities at the district level and local authorities \r\nto take such other measures for the prevention or mitig ation of disasters as \r\nmay be necessary; \r\n(f) lay down guidelines for preparation of disaster management plans the \r\ndepartments of the Government at the districts level and local authorities in the \r\ndistrict; \r\n(g) monitor the implementation of disaster management plans prepared by the \r\ndepartments of the government at the district level; \r\n(h) lay down guidelines to be followed by the departments of the Government at \r\nthe district level; \r\n(i) organize and co-ordinate specialized training programmes for different levels \r\nof officers, employees and voluntary rescue workers in the district; \r\n \r\nPage 13 of 20 \r\n \r\n(j) facilitate community training and awareness programmes for prevention of \r\ndisaster or mitigation with the support of local authorities, governmental and \r\nnon-governmental organizations; \r\n(k) set up, maintain, review and upgrade the mechanism for early warnings and \r\ndissemination of proper information to public; \r\n(l) prepare, review and update district level response plan and guidelines; \r\n(m) co-ordinate with, and give guidelines to, local authorities in the district to \r\nensure that pre -disaster and post-disaster management activities in the district \r\nare carried out promptly and effectively; \r\n(n) review development plans prepared by the departments of the Government at \r\nthe district level, statutory authorities or local authorities with a view to make \r\nnecessary provisions therein for prevention of disaster or mitigation; \r\n(o) identify buildings and places which could, in the event of disaster situation, be \r\nused as relief centres or camps and make arrangements for water supply and \r\nsanitation in such buildings or places; \r\n(p) establish stockpiles of relief and rescue materials or ensure preparedness to \r\nmake such materials available at a short notice; \r\n(q) provide information to the Provincial Authority relating to different aspects of \r\ndisaster management; \r\n(r) encourage the involvement of non-governmental organizations and voluntary \r\nsocial-welfare institutions working at the grassroot level in the district for \r\ndisaster management; \r\n(s) ensure communication systems are in order and disaster management drills are \r\ncarried out periodically; and \r\n(t) perform such other functions as the Provincial Government or Provincial \r\nAuthority may assign to it or as it deems necessary for disaster management in \r\nthe district. \r\n 21. District plan.__ (1) There shall be a plan for disaster management for every district of \r\nthe Province. \r\n (2) The District Plan shall be prepared by the District Authority having regard to the \r\nNational Plan and the Provincial Plan. \r\n (3) The District Plan shall be reviewed and updated annually. \r\n 22. Additional powers of District Authority. __ For the purpose of assisting, protecting \r\nor providing relief to the community, in response to any disaster, the District Authority may— \r\n(a) give directions for the release and use of resources available with any \r\ndepartment of the Government and the local authority in the district; \r\n \r\nPage 14 of 20 \r\n \r\n(b) control and restrict vehicular traffic to, from and within, the vulnerable or \r\naffected area; \r\n(c) control and restrict the entry of any person into, his movement within and \r\ndeparture from, a vulnerable or affected area; \r\n(d) remove debris, conduct search and carry out rescue operations; \r\n(e) provide shelter, food, drinking water and essential provisions, healthcare and \r\nservices; \r\n(f) establish emergency communication systems in the affected area; \r\n(g) make arrangements for the disposal of the unclaimed dead bodies; \r\n(h) direct any department of the Government of the Province or any authority or \r\nbody under that Government at the district level to take such measures as are \r\nnecessary in its opinion; \r\n(i) require experts and consultants in the relevant fields to advise and assist as it \r\nmay deem necessary; \r\n(j) procure exclusive or preferential use of amenities from any authority or \r\nperson; \r\n(k) construct temporary bridges or other necessary structures and demolish \r\nstructures which may be hazardous to public or aggravate the effects of the \r\ndisaster; \r\n(l) ensure that the non -governmental organizations carry out their activities in an \r\nequitable and non-discriminatory manner; and \r\n(m) take such other steps as may be required or warranted to be taken in such a \r\nsituation. \r\nCHAPTER V \r\nMEASURES BY THE GOVERNMENT FOR DISASTER MANAGEMENT \r\n 23. Federal Government to take measure. __ (l) Subject to the provisions of this Act, the \r\nFederal Government may take all such measures as it deems necessary or expedient for the purpose \r\nof disaster management. \r\n (2) In particular and without prejudice to the generality of the foregoing provisions, the \r\nmeasures which the Federal Government may take shall include measures with respect to all or any \r\nof the following matters, namely:__ \r\n(a) co-ordination of actions of the Ministries and Divisions of the Federal \r\nGovernment, Provincial Governments, National Authority, Provincial \r\nAuthorities, governmental and non-governmental organizations in relation to \r\ndisaster management; \r\n \r\nPage 15 of 20 \r\n \r\n(b) co-operation and assistance to Provincial Governments, as requested by them \r\nor otherwise deemed appropriate by it; \r\n(c) requisition and deployment of armed forces, civil armed forces or any other \r\ncivilian personnel or foreign contingents required for the purposes of this Act; \r\n (d) co-ordination with the United Nations’ agencies, international organizations \r\nand governments of foreign countries for the purposes of this Act; \r\n( e) establish institutions for research, training, and developmental programmes in \r\nthe field of disaster management: and \r\n(f) such other matters as it deems necessary or expedient for the purpose of \r\nsecuring effective implementation of the provisions of this Act. \r\n (3) The Federal Government may exten d such support to other countries affected by \r\nmajor disaster as it may deem appropriate. \r\n 24. Provincial Government to take measures.__ Subject to the provisions of this A ct, \r\neach Provincial Government shall take all measures specified in the guidelines laid down by the \r\nNational Authority and such further measures as it deems necessary or expedient for the purpose of \r\ndisaster management. \r\nCHAPTER VI \r\nLOCAL AUTHORITIES \r\n 25. Functions of the local authority.__ (1) Subject to the directions of the District \r\nAuthority, a local authority shall__ \r\n(a) ensure that its officers and employees are trained for disaster management; \r\n(b) ensure that resources relating to disaster management are so maintained as to \r\nbe readily available for use in the event of any threatening disaster situation or \r\ndisaster; \r\n(c) ensure that all construction projects under it or within its jurisdiction conform \r\nto the standards and specifications laid down for prevention of disasters and \r\nmitigation by the National Authority, Provincial Authority and the District \r\nAuthority; and \r\n(d) carry out relief, rehabilitation and reconstruction activities in the affected area \r\nin accordance with the Provincial Plan and the District Plan. \r\n (2) The local authority may take such other measures as may be necessary for the disaster \r\nmanagement. \r\n \r\n \r\nPage 16 of 20 \r\n \r\nCHAPTER VII \r\nNATIONAL INSTITUTE OF DISASTER MANAGEMENT \r\n 26. National Institute of Disaster Management.__ (l) With effect from such date as the \r\nFederal Government may, by notification in the official Gazette appoint in this behalf, there shall be \r\nestablished an institute to be called the National Institute of Disaster Management. \r\n (2) Subject to the provisions of this A ct, the National Institute of Disaster Management \r\nshall be responsible for planning and promoting training and research and developing core \r\ncompetencies in the area of disaster management, documentation and development of national level \r\ninformation base relating to disaster management policies, prevention mechanisms and mitigation \r\nmeasures. \r\n (3) Without prejudice to the generality of the foregoing provisions, the National Institute, \r\nfor the discharge of its functions, may___ \r\n(a) develop training modules, undertake research and documentation in disaster \r\nmanagement and organize training programmes; \r\n(b) formulate and implement a comprehensive human resource development plan \r\ncovering all aspects of disaster management; \r\n(c) provide assistance in national level policy formulation; \r\n(d) provide required assistance to the training and research institutes for \r\ndevelopment of training and research programmes for stakeholders including \r\nGovernment functionaries; \r\n(e) provide assistance to the Provincial Governments in the formulation of \r\nProvincial level policies, strategies, disaster management framework and any \r\nother assistance as may be required by the Provincial Governments for \r\ncapacity building of stakeholders, Government including its functionaries, \r\ncivil society members, corporate sector and people's elected representatives; \r\n(f) develop educational materials for disaster management including academic \r\nand professional courses; \r\n(g) promote awareness among stakeholders including college or school teachers \r\nand students, technical personnel and others associated with multi -hazard \r\nmitigation, preparedness and response measures; \r\n(h) do all such other lawful things as are conducive or incidental to the attainment \r\nof the above objects; and \r\n(i) undertake any other function as may be assigned to it by the Fed eral \r\nGovernment. \r\n \r\n \r\n \r\nPage 17 of 20 \r\n \r\nCHAPTER VIII \r\nNATIONAL DISASTER RESPONSE FORCE \r\n 27. Establishment of National Disaster Response Force.__ (l) There shall be established \r\na National Disaster Response Force for the purpose of specialist response to a threatening disaster \r\nsituation or disaster. \r\n (2) Subject to the provisions of this Act, the force shall be constituted in such manner and \r\nthe conditions of service of the members of the Force shall be such as may be prescribed. \r\n 28. Control, direction, etc.__ The general superintendence, direction and control of the \r\nNational Disaster Response Force shall vest in, and exercisable by, the National Authority. \r\nCHAPTER IX \r\nFINANCE, ACCOUNTS AND AUDIT \r\n 29. National f und for disaster management.__ (1) The Federal Government may, by \r\nnotification in the Official Gazette, constitute a Fund to be called the National Disaster Management \r\nFund for meeting any threatening disaster situation or disaster. \r\n (2) The National Disaster Management Fund shall be financed from the following \r\nsources, namely:__ \r\n(a) grants made by the Federal Government; \r\n(b) loans, aid and donations from the national or international agencies; and \r\n(c) donations received from any other source. \r\n (3) On commencement of this Act, the following Funds shall become part of the National \r\nDisaster Management Fund, namely:__ \r\n(a) Prime Minister's Disaster Relief Fund; and \r\n(b) any other fund relatable to natural calamities established at Federal level as the \r\nFederal Government may determine. \r\n (4) The National Disaster Management Fund shall be kept in one or more accounts \r\nmaintained by the National Authority, in local or foreign currency, in any scheduled bank in Pakistan \r\nand shall be operated in accordance with the directions of the National Authority. \r\n (5) The National Disaster Management Fund shall be administered by the National \r\nAuthority towards meeting the expenses for emergency preparedness, response, mitigation, relief and \r\nreconstruction. \r\n 30. Establishment of funds by Provincial Governments.__ (1) The Provincial \r\nGovernments shall, immediately after notifications issued for constituting the Provincial Authority \r\nand the District Authorities, establish for the purposes of this Act the Fund to be called the Provincial \r\nDisaster Management Fund. \r\n \r\nPage 18 of 20 \r\n \r\n (2) The Provincial Disaster Management Fund shall be financed from the following sources, \r\nnamely:__ \r\n(a) grants made by the Federal Government or Provincial Governments; and \r\n(b) loans, aid and donations from the national or international agencies provided \r\nin accordance with prescribed procedure. \r\n (3) The Provincial Disaster Management Fund shall be kept in one or more accounts \r\nmaintained by the Provincial Authority, in local or foreign currency, in any scheduled bank in \r\nPakistan and shall be operated in accordance with the directions of the Provincial Authority. \r\n (4) The Provincial Disaster Management Fund shall be administered by the Provincial \r\nAuthority towards meeting the expenses for emergency preparedness, response, mitigation, relief and \r\nreconstruction in the Province. \r\n 31. Allocation of funds by Federal and Provincial Governments .__ The Federal \r\nGovernment and Provincial Governments shall, in their annual budgets, make provisions for funds \r\nfor the purposes of carrying out the activities and programmes set out in its disaster management \r\nplan. \r\n 32. Emergency procurement and accounting.__Where by reason of any impending \r\ndisaster situation or disaster, the National Authority or Provincial Authority or District Auth ority is \r\nsatisfied that immediate procurement of provisions or materials or the immediate application of \r\nresources are necessary for rescue or relief it may authorize the concerned department or authority to \r\nmake the emergency procurement and in such case, the standard procedure requiring inviting of \r\ntenders shall be deemed to be waived. \r\nCHAPTER X \r\nOFFENCES AND PENALTIES \r\n 33. Punishment for obstruction etc___Whoever, without reasonable cause,__ \r\n(a) obstructs any officer or employee of the Federal Government or a Provincial \r\nGovernment, or a person authorized by the National Authority or Provincial \r\nAuthority or District Authority in the discharge of his functions under this Act; \r\nor \r\n(b) refuses to comply with any direction given by or on behalf of the Federal \r\nGovernment or Provincial Government under this Act; \r\nshall be punishable with imprisonment for a term which may extend to one year or with fine or with \r\nboth and, if such obstruction or refusal to comply with such directions results in loss of lives or \r\nimminent danger thereto, shall be punishable with imprisonment for a term which may extend to two \r\nyears, or with fine, or with both. \r\n 34. Punishment for false claim.__ Whoever knowingly makes a claim which he knows or \r\nhas reason to believe to be false for obtaining any relief or assistance for repair, reconstruction or \r\nother benefits consequent to disaster from any officer of the Federal Government, Provincial \r\nGovernment, the National Authority, Provincial authority or District Authority, shall be punishable \r\nwith imprisonment for a term which may extend to two years or with fine or with both. \r\n \r\nPage 19 of 20 \r\n \r\n 35. Punishment for false warning.___ Whoever makes or circulates a false alarm or \r\nwarning as to disaster or its severity or magnitude leading to panic shall be punishable with \r\nimprisonment which may extend to one year or with fine. \r\n 36. Failure of officer in duty or his connivance at the contravention of the provisions \r\nof this Act.___ Any officer, on whom any duty has been imposed by or under this Act and who \r\nrefuses to perform or withdraws himself from the duties of his office shall, unless he has obtained the \r\nexpress written permission of his official superior or has other lawful excuse for so doing, be \r\npunishable with imprisonment for a term which may extend to one year or with fine. \r\nCHAPTER Xl \r\nMISCELLANEOUS \r\n 37. Prohibition against discrimination. __ While providing compensation and relief to \r\nthe victims of disaster, there shall be no discrimination on the ground of sex, caste, community, \r\ndescent or religion. \r\n 38. Power of requisition of resources, provisions, vehicles, etc., for rescue operations, \r\netc.__ If it appears to the National Authority, Provincial Authority or District Authority or any officer \r\nas may be authorized by it in this behalf that__ \r\n(a) any resources with any authority or person are needed for the purpose of \r\nprompt response; \r\n(b) any premises are needed or likely to be needed for the purpose of rescue \r\noperations; or \r\n(c) any vehicle is needed or is likely to be needed for the purposes of transport of \r\nresources from disaster affected areas or transport of resources to the affected \r\narea or transport in connection with rescue, rehabilitation or reconstruction; \r\nsuch authority may, by order in writing, requisition such resources or premises or such vehicle, as the \r\ncase may be, and may make such further orders as may appear to it to be necessary or expedient in \r\nthis connection. \r\n 39. Payment of compensation. __ Whenever any authority requisitions any premises there \r\nshall be paid to its owner compensation the amount of which shall be determined by taking into \r\nconsideration the rent payable in respect of the premises, or if no rent is so payable, the rent payable \r\nfor similar premises in the locality: \r\n Provided that any owner of premises being aggrieved by the amount of compensation so \r\ndetermined may within thirty days make all application to the Federal Government or the Provincial \r\nGovernment, as the case may be: \r\n Provided further that where there is any dispute as to the title to receive the compensation or \r\nas to the apportionment of the amount of compensation, it shall be referred to the Federal \r\nGovernment or the Provincial Government, as the case may be. \r\n 40. Direction to media for communication of warnings, etc. __ The National Authority, \r\nthe Provincial Authority, or a District Authority may give direction to any authority or person in \r\ncontrol of any audio or audio -visual media or such other means of communication as may be \r\n \r\nPage 20 of 20 \r\n \r\navailable to carry out warnings or advisor ies regarding any impending disaster situation or disaster, \r\nand such authority of person shall comply with such direction. \r\n 41. Annual report.__ (1) The National Authority shall prepare once every year, in such \r\nform and at such time as may be prescribed by rules, an annual report giving a true and full account \r\nof its activities during the previous year and copies thereof shall be forwarded to the Federal \r\nGovernment which shall lay it before the National Assembly and the Senate. \r\n (2) The Provincial Authority and the District Authority shall prepare once every year, in \r\nsuch form and at such time as may be prescribed by rules, an annual report giving a true and full \r\naccount of its activities during the previous year and copies thereof shall be forwarded to the \r\nProvincial Government which shall lay it before the Provincial Assembly. \r\n 42. Bar of jurisdiction. __ No court or tribunal shall have jurisdiction to entertain any suit \r\nor proceeding in respect of anything done, action taken, orders made, direction, instruction or \r\nguidelines issued by the Federal Government, National Authority, Provincial or District Authority in \r\npursuance of any power conferred by, or in relation to its functions, by this Act. \r\n 43. Indemnity.__ Officers and employees of the Federal Government, National Authority, \r\nProvincial Government, Provincial Authority or District Authority shall be immune from legal \r\nprocess in regard to any warning in respect of any impending disaster communicated or disseminated \r\nby them in their official capacity or any action taken or direction issued by them in pursuance of such \r\ncommunication or dissemination. \r\n 44. Action taken in good faith.__ No suit or prosecution or other proceeding shall lie in \r\nany court against the Federal Government or the National Authority or the Provincial Government or \r\nthe Provincial Authority or the District Authority or local authority or any officer or employee of the \r\nFederal Government or the National Authority or the Provincial Government or the Pr ovincial \r\nAuthority or the District Authority in respect of any work done or purported to have been done or \r\nintended to be, in good faith, done by such authority or Government or such officer or employee or \r\nsuch person under the provisions of this Act or the rules made hereunder. \r\n 45. Delegation of powers to the National Authority.__ The Commission may, for \r\neffective implementation of the national policy on disaster management, by general or special order \r\ndelegate to the National Authority any of its powers or functions under this Act, subject to such \r\nconditions as it may think fit to impose. \r\n 46. Act to override other laws.__ The provisions of this Act, have effect, notwithstanding \r\nanything in any other law for the time being in force. \r\n 47. Power to make rules .__ The Federal Government and Provincial Governments may, \r\nby notification in the official Gazette, make rules for carrying out the purposes of this Act. \r\n 48. Removal of difficulties .__ If any difficulty arises in giving effect to the provisions of \r\nthis Act, the Federal Government or the Provincial Government as the case may be, may, by \r\nnotification in the official Gazette, make such order, not inconsistent with the provisions of this Act, \r\nas may appear to it to be necessary or expedient for the removal of the difficulty. \r\n \r\n Uploaded on 15.02.2024", "passage_offset_convention": "zero-based Unicode code points and UTF8 bytes; end exclusive", "passages": [ { "passage_id": "law:pk-code-da65333c18a0ac7b:sha256:27847e1fcba9ba1a673d2da07268e227701eb1e181269eb1403a3e889e182d83:chars-0-1754:97c4bc1fee39ff8ad5e90ebcf0cb81db91bccc17c532c3122a2f0151ec60e56b", "character_start": 0, "character_end": 1754, "utf8_byte_start": 0, "utf8_byte_end": 1754, "passage_sha256": "97c4bc1fee39ff8ad5e90ebcf0cb81db91bccc17c532c3122a2f0151ec60e56b", "reader_fragment": "p-0-1754-97c4bc1fee39ff8a" }, { "passage_id": 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