Updated: Sunday October 02, 2016/AlAhad
Muharram 01, 1438/Ravivara
Asvina 10, 1938, at 07:59:56 PM
ACT NO. XXIV OF 2010
An Act to provide for the establishment of a
National Disaster Management System for
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 Assembliesof
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 Majlise-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
(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 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
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 Federallly Administrative Tribal Areas);
(l) Chef
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 over 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 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.
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 Members as may be Prescribed
and shall include as (The Director General) and 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, coordinating and monitoring body for disaster management;
(b) prepare the
National Plan to be approved by the National Commission;
(c) implement
coordinate 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) coordinate
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 it 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 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
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
disaster 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
Authority.-(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 all 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.
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.
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) coordinate
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 conveying 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 and it may direct the following same to secure
compliance of such standards;
(J) 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);
(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
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.
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 power shall be subject to ex post facto approval of the
District Authority.
20.
Powers and functions of District Authority,-(1) The
District Authority shall ACT as the District Planning coordinating and
implementing body for disaster management and take all measures for the
purposes of the disaster management and 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) coordinate
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
coordinate 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) coordinate
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 grass root 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;
(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) coordination
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) cooperation
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) coordination
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.
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
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
26. National
(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
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 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
(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.
(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
(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 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 tine, 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.
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;
(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 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 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 available to carry out warnings or advisories 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 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.
45. Delegation of powers to the 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 not to derogate from other laws.
The provisions of this Act shall be in addition to, and not in derogation of
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.
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