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  "title": "PUNJAB COMMUNITY SAFETY ACT 2021",
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  "source_url": "https://punjabcode.punjab.gov.pk/en/show_article/ATEGMFNjAjRVNQ--",
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  "text": "THE PUNJAB COMMUNITY SAFETY ACT 2021 \r\n (XXXVIII of 2021)  \r\nCONTENTS \r\n1. Short title, extent and commencement \r\n2. Definitions \r\n3. Intimation \r\n4. General provisions \r\n5. Appeal, etc. \r\n6. Immunity \r\n7. Regulations \r\n8. Provisions of this Act to be in addition to and not in derogation of \r\n certain laws \r\n9. Removal of difficulties \r\n   \r\n \r\n \r\nTEXT \r\n \r\n1\r\nTHE PUNJAB COMMUNITY SAFETY ACT 2021 \r\n (XXXVIII of 2021) \r\n    [24 November 2021] \r\n \r\nAn \r\nAct \r\nto ensure community safety measures in Buildings, health and fitness centers;  \r\n WHEREAS it is necessary to ensure community safety measures through \r\nlegislation in buildings, health and fitness centers and providing for further duties of \r\nPunjab Emergency Service and for matters connected therewith or incidental \r\nthereto. \r\nBe it enacted by the Provincial Assembly of the Punjab as follows: \r\n1. Short title, extent and commencement. – (1) This act may be cited as the \r\nPunjab Community Safety Act 2021. \r\n(2) It extends to whole of the Punjab. \r\n(3) It shall come into force at once. \r\n2. Definitions.– In this Act, unless there is anything repugnant in the subject or \r\ncontext, - \r\n(a) “Building” means a building when there is an ‘occupied floor’ more \r\nthan fifty (50) feet above its lowest level; \r\n(b) “Director General”  means the Director General of the Punjab \r\nEmergency Service, established under the Punjab Emergency Act \r\n2006 (Act IV of 2006); \r\n(c) “Government” means Government of the Punjab;  \r\n(d) “Health club”  means an establishment which provides health club \r\nservices or facilit ies which purport to improve or maintain the user’s \r\nphysical condition or appearance through exercise. The term may \r\ninclude, fitness club, fitness centers, health spa, gym, a place that \r\nhouses exercise equipment for the purpose of physical exercises; \r\n(e) “Officer” means a District Emergency Officer of the Punjab \r\nEmergency Service; \r\n(f) “Owner” means and include the owner, manager, controller or \r\nadministrator of a building, or a health club;  \r\n(g) “Prescribed” means prescribed by the regulations; \r\n(h) “Safety Measures” mean the measures as prescribed by the Punjab \r\nEmergency Service; and \r\n                                                      \r\n1 This Act was passed by the Provincial Assembly of the Punjab on 23 November 2021; assented to by the Governor of the Punjab o n 23 \r\nNovember 2021; and, was published in the Punjab Gazette (Extraordinary), dated: 24 November 2021, pp. 2515-2517. \r\n \r\n \r\n(i) “User” means a person who enters into a health club to use the \r\navailable facilities. \r\n3. Intimation.– (1) The owner shall submit an application containing information \r\nof the services as may be prescribed, available with the building or the health club to \r\nthe officer: \r\n Provided that on receipt of such application the officer shall scrutinize the \r\nsame and may call for such other information. \r\n(2) The Officer shall inspect the building or the health club to have the first-\r\nhand information of the building and services available with the health club and the \r\ncompliance of the safety measures and standards, as may be prescribed: \r\nprovided that the Office r shall take a decision on the application filed under \r\nsubsection (1) within a period of thirty days, subject to provision of all requisite \r\ninformation by the owner. \r\n(3) The Officer shall, after being satisfied with the various requirements \r\nunder this Act, issue a Safety Measure certificate for a one year to the owner, which \r\nshall be renewable in such manner and form, as may be prescribed. \r\n4. General provisions. – (1) A health club having the capacity to cater 50 or \r\nmore users at a time shall ensure the ava ilability of a qualified health physician or \r\nMBBS Doctor on the health club's premises during the hours of operation along with \r\nthe necessary emergency equipment: \r\n Provided that a health club having the capacity to cater less than 50 users at \r\na time shall ensure the availability of a qualified health technician, possessing a \r\nhealth and safety certificate issued by the recognized institute, to attend any medical \r\nemergency. \r\n (2) Every owner of a Building shall ensure the availability of a qualified \r\nsafety manager, who has health and safety certificate by a recognized institute: \r\nProvided that the safety manager shall be responsible for the implementation \r\nof safety measures in the Building. \r\n(3) When the Officer has reasons to believe that any Building or the health \r\nclub owner has failed to comply with any provisions of this Act, or the regulations, he \r\nshall serve a notice on him, intimating the measures which the building or the health \r\nclub owner should take in order to secure compliance with the relevant provisions of \r\nthe law. \r\n(4) If the owner fails to comply with the notice within the prescribed time, \r\nthe Officer may suspend his safety measure certificate or seal the building or the \r\nhealth club. \r\n (5) Whoever contravenes the provisions of this Act shall be imposed, by the \r\nofficer, the administrative penalty, which may extend to fifty thousand rupees: \r\nProvided that whoever contravenes the provisions of this Act second time \r\nshall be imposed the Admi nistrative penalty which may extend to One hundred \r\nthousand rupees: \r\n \r\n \r\nProvide further that the Officer may suspend safety measure certificate or seal \r\nthe building or the health club on contravention of the provisions of this Act for the \r\nthird time. \r\n5. Appeal, etc. – Notwithstanding anything contained in any other law for the \r\ntime being in force, an appeal against any order passed under this Act shall lie to the \r\nDirector General within thirty days, whose decision shall be final. \r\n6. Immunity.– No suit, prosecu tion or any other legal proceedings shall lie \r\nagainst the Director General, any officer, employee or consultant of the Punjab \r\nEmergency Service, in respect of anything done or intended to be done in good faith \r\nunder this Act. \r\n7. Regulations.– The Punjab E mergency Service may make regulations, not \r\ninconsistent with this Act or with respect to any matter that by this Act is required or \r\npermitted to be prescribed, specified or determined. \r\n8. Provisions of this Act to be in addition to and not in derogation o f \r\ncertain laws.– Notwithstanding anything contained to the contrary in any other law \r\nfor the time being in force, the provisions of this Act shall be in addition to and not in \r\nderogation of such laws. \r\n9. Removal of difficulties. – If any difficulty arises in giving effect to any \r\nprovisions of the Act, the Government may, by notification in the official Gazette, \r\nmake orders not inconsistent with the provisions of the Act",
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