Updated: Saturday December 14, 2013/AsSabt
Safar 11, 1435/Sanivara
Agrahayana 23, 1935, at 06:18:42 PM
[1][1]The
(Pb. Act IV of 2006)
[
An Act for the establishment of the
Preamble.– Whereas it is expedient to establish an
emergency service for the purpose of maintaining a state of preparedness to
deal with emergencies, to provide timely response, rescue and emergency medical
treatment to the persons affected by emergencies and recommending measures to
be taken by related organizations to avoid emergencies;
It is hereby enacted as follows:-
1. Short
title, extent and commencement.–
(1) This Act may be called the Punjab Emergency Service Act, 2006.
(2) It
extends to the whole of the Province of the
(3) It shall come into force at once.
2. Definitions.– In this Act, unless there is anything repugnant to the subject or context–
(a) “Board” means the District Emergency Board constituted under section 8;
(b) “Council”
means the Punjab Emergency Council established under section 6;
(c) “Director” means the person appointed under section 10;
(d) “Director General” means the person appointed under section 9;
(e) “district” means a district as defined in the Punjab Local Government Ordinance 2001 (XIII of 2001);
(f) “district emergency officer” means the emergency officer incharge of the Service in a district;
(g) “emergency”
means a serious and potentially dangerous situation requiring immediate action
such as an accident, hazardous material incident, fire, explosion, natural or
manmade disaster;
(h) “emergency area” means the area affected by an emergency;
(i) “emergency
officer” means an officer appointed under section 12;
(j) “Government” means the Government of the
(k) “non-governmental
organization” includes any private agency or body working voluntarily for the
welfare of the persons affected by an emergency;
(l) “premises” includes land, place, building, vehicle, vessel or aircraft or any part of premises;
(m) “rescuer” means a member of the service appointed under section 13;
(n) “rescue
station” means a place where an office of the Service is established;
(o) “Service” means the Punjab Emergency Service or the Rescue established under section 4; and
(p) “volunteer” means a person who is registered as such by the Service or engaged by a rescuer in emergency area to assist the Service in the exercise of its functions under this Act.
3. Act
not in derogation of other laws.– This
Act is not in derogation of any other law applicable in the Province and does
not absolve any other person from his responsibility to take necessary measures
to protect and save the lives and properties of a person in an emergency.
4. Establishment of the Service.– (1) There shall be established a Service to be called the Punjab Emergency Service or the Rescue to perform such functions as are assigned to it under this Act.
(2) The Service shall be a body corporate
having perpetual succession and a common seal with power to enter into
contract, acquire, hold and dispose of property, and may by its name sue or be
sued.
5. Powers and functions of the Service.– (1) The powers and functions of the Service shall be to–
(a) maintain a state of preparedness to deal with emergencies;
(b) provide timely response, rescue and emergency medical treatment to the victims of an emergency including medical and surgical emergencies;
(c) establish a system for rapid communication, exchange of information and quick response to combat or deal with an emergency;
(d) arrange for a universal toll free emergency
dial-in-number as may be allocated by the Pakistan Telecommunication Authority
to be used throughout
(e) play a lead role and coordinate the working of other organizations or agencies which have lawful authority to respond to an emergency;
(f) arrange transport where necessary for carrying persons requiring emergency medical treatment from the emergency area to the nearest hospital or health care unit having arrangements for emergency medical care and treatment;
(g) establish community emergency response teams through enlistment, training, coordination and supervision of volunteers to assist the Service in safety promotion and management of emergencies;
(h) impart training and grant certificates to rescuers, volunteers and other private persons for due performance of emergency management duties;
(i) establish
direct contact with local and international organizations and training
institutions to maintain the Service according to international standards;
(j) collect, compile, maintain and analyse emergency response data and statistics relating to emergencies and to use it for research and prevention of such emergencies;
(k) implement the regulations framed by the Council for dealing with emergencies in accordance with the provisions of this Act;
(l) suggest measures for the prevention or mitigation of hazards endangering public safety on roads, public parks and other public places particularly exhibitions, trade shows, amusement parks, and fairs with regard to public safety provisions;
(m) encourage, facilitate, and train staff of non-governmental organizations and educational institutions for emergency management;
(n) register
and ensure minimum standards and code of conduct to be followed by rescue
vehicles, ambulances and patient transportation services;
(o) coordinate and maintain an effective liaison with all other organizations managing emergencies;
(p) perform such other functions as may be assigned to it by the Council to achieve the purposes of this Act; and
(q) perform
functions that are ancillary or incidental to any of the above functions.
(2) The Service shall have the authority to accept donations in the shape of land, vehicles, equipment and other such items which may facilitate the functioning of the Service and all such donations shall be used, maintained and disposed of by the Service in the manner prescribed in the rules or regulations.
(3) The Service may, with the approval of the Council, establish such local or district offices as may be considered necessary for effective and efficient working of the Service.
6.
(a) Chief Minister of the
(b) Chief Secretary,
(c) four Members of the Provincial Assembly
which shall include one female and one
opposition member to be nominated
by the Speaker; (Members)
(d) Secretary, Health Department; (Member)
(e) Secretary, Home Department; (Member)
(f) Secretary, Local Government Department; (Member)
(g) Secretary, Transport Department; (Member)
(h) Provincial Police Officer; (Member)
(i) Director General, Provincial Environmental
Protection Agency; (Member)
(j) Provincial Commissioner Relief,
(k) Director General of the Service; and (Member)
(l) two representatives, one each from the
Government teaching hospitals and non-
governmental organizations, to be nominated
by the Government, for a period of three years. (Members)
(2) The quorum for the meetings of the Council shall be seven.
(3) The Director General shall be the ex-officio secretary of the Council.
(4) The Council shall meet at least once in three months.
(5) The Council may co-opt or invite any
person depending on the requirement of its meeting.
7. Functions of the Council.– (1) The functions of the Council shall be to–
(a) lay down the policy and issue directions for efficient, effective and expeditious actions in dealing with emergencies;
(b) oversee the working of the Service and the training institutions established or controlled by the Service;
(c) issue regulations to prescribe the minimum standards for the officers and staff to maintain efficiency and effectiveness of the Service;
(d) review and analyze statistics relating to all emergency incidents, accidents and disasters and the actions which have been taken by the Service;
(e) approve the annual budget of the Service;
(f) make recommendations to the Government for the prevention and mitigation of hazards endangering public safety; and
(g) determine
the number of rescue stations in different areas and the staff and equipment to
be provided to the Service for achieving the objectives of adequate standards
of emergency care.
(2) The Council may delegate any of its functions to any body or authority of the Service.
8. District Emergency Board.– (1) The Council may constitute a District Emergency Board for a district for the prevention and effective management of emergency in the district.
(2) The Board shall have such powers and shall perform such functions as may be assigned to it by the Council.
9. Director General.– (1) The Government shall appoint a Director
General who shall be the chief executive officer of the Service and shall
exercise such powers and perform such functions as may be specified by the
Council.
(2) The Director General shall be a person
who–
(a) is
a postgraduate in emergency management or an emergency subject or has specialization in management
of trauma or emergency patients or is a medical postgraduate;
(b) has
adequate knowledge, formal training and expertise in the field of emergency
management; and
(c) is
not more than sixty years of age.
(3) The
Director General shall be appointed initially for a period of three years but
the Council may extend his tenure keeping in view his performance and may
remove him before the expiry of his tenure if he is not physically or mentally
fit or is incapable of performing his duties.
(4) The Director General shall be paid such
salary, allowances and other benefits and shall be subject to such terms and
conditions as are laid down in his service contract.
(5) The Director General shall be
responsible for the day to day administration of the affairs of the Service and
he may, subject to the regulations, appoint, post and transfer any of the
employees working under him in the Service.
(6) The Director General shall follow and
comply with such directions of the Council as may be given to him in writing in
the public interest.
(7) Subject to the directions of the
Council, the Director General may delegate any of his powers or functions to a
Director or to an officer of the Service.
10. Director.– (1) There shall be not more than six Directors of the Service as may be appointed by the Government.
(2) A person
to be appointed as a Director shall at least hold a masters or postgraduate
degree in the subject related to the nature of his duties in the Service and is
a person who has adequate expertise and experience in any relevant field
including emergency management, law and finance.
(3) The Directors shall be paid such salary,
allowances and other benefits and shall be subject to such terms and conditions
of Service as are laid down by the Council.
11. Appointment
of officers, servants, etc.–
(1) The Service may, from time to time, employ such officers or servants or
appoint such experts or consultants, as it may consider necessary for the
performance of its functions.
(2) All members of the Service shall be
liable to be assigned any emergency duty in accordance with the need of the
time.
(3) The number and nature of the posts in the Service, necessary criteria and the manner of appointment thereto shall be determined by the Council and the employees appointed to these posts shall receive such remuneration, allowances and privileges and shall be subject to such terms and conditions of service as are laid down by the Council.
(4) In the performance of their duties and functions, the employees of the Service and the volunteers shall abide by the directions and instructions of the Director General.
12. Emergency
officer.– (1) There shall be
emergency officers appointed by the Service to perform the field operations of
the Service.
(2) No person shall be appointed as an
emergency officer unless he is–
(a) a
medical graduate or post-graduate in a related science subject or has a
professional degree in a related subject; and
(b) physically
and mentally fit to perform field operations.
(3) One of the emergency officers in the
district shall be selected for appointment as district emergency officer on the
basis of his performance and seniority as emergency officer.
(4) The
district emergency officer shall be the head of the Service in the district and
shall be assisted by all emergency officers and rescuers in the district.
13. Rescuer.– (1) There shall be rescuers
appointed by the Service to perform the field operations of the Service.
(2) No person shall be appointed as a
rescuer who–
(i) is
more than thirty years of age; and
(ii) has not cleared the educational and fitness
criteria specified by the Service.
(3) A rescuer shall perform such field
duties and functions as are assigned to him by the Service.
(4) A rescuer
shall be liable to be retired on attaining the age of forty five years if he
cannot be adjusted on any other post in the Service.
(5) Where a rescuer is retired under
sub-section (4), he shall be entitled to such benefits as may be prescribed by
the Council.
14. Emergency
Service Academy.– (1) The
Service shall establish an
(2) The Academy may also arrange for the training of the members of the Service, volunteers and other individuals or workers of organization, public or private, to be equipped with the knowledge of dealing with all possible situations relating to prevention and management of emergencies.
15. Emergency
Service Fund.– (1) The Service
shall have a Fund comprising of–
(a) the grant provided by the Federal and Provincial Governments for the establishment, maintenance and performance of the Service; and
(b) the donations or contributions received or generated from private persons or public, local, foreign or international organizations.
(2) The Fund shall be maintained in a scheduled bank and shall be operated in accordance with the rules or directions of the Council.
(3) The Fund shall be regularly monitored by
the Council and audited in the same manner as is done in the case of the funds
of other Government Departments.
(4) The
annual audit report of the Fund shall be made available to the general public
and submitted to the Provincial Assembly of the
(5) No person from the Service shall organize, conduct or take part in any proceedings for collecting or soliciting money or property from the public except the person authorized by the Council and in accordance with such conditions as may be laid down by the Council.
16. Act
in aid of the Service.– (1) Every
member of the police force in the
(2) The police acting in aid of the Service
shall control and divert the traffic in or around an emergency area to
facilitate and ensure free movement of emergency rescue vehicles and the
persons dealing with an emergency and to prevent within the emergency area any
theft, dacoity or loss of the property of the persons involved in the
emergency.
(3) It shall be obligatory upon all telecommunication operators, companies, corporations or other authorities concerned to provide free of cost access to its subscribers to avail the universal emergency dial-in-number as notified by the Service, without any prefix or suffix for the whole of the Punjab.
17. Powers
to manage emergencies.– (1)
An emergency officer or a rescuer, in providing emergency services, may take
any reasonable measures to–
(a) protect
persons from any danger or potential danger associated with an emergency
situation;
(b) protect
persons trapped in a vehicle, receptacle, vessel or otherwise endangered; and
(c) protect
themselves or other persons or vehicles from danger, potential danger, assault
or battery from other person.
(2) Without limiting the measures that may be taken for a purpose
specified in clause (a) or (b) of subsection (1), an emergency officer or a
rescuer may, for that purpose–
(a) enter
any premises, vehicle or vessel;
(b) open
any receptacle, using such force as is reasonably necessary;
(c) bring
any apparatus or equipment onto a premises;
(d) remove
from or otherwise deal with, any article or material in the area;
(e) remove
(wholly or partially) or damage any premises, vehicle, vessel or receptacle;
(f) cause
the gas or electricity supply or motor or any other source of energy to any
premises, vehicle, vessel or receptacle to be shut off or disconnected;
(g) request
any person or organization to take all reasonable measures to assist the
Service; and
(h) administer
such life safety procedures as are consistent with the training and competency
of the emergency officer or rescuer.
(3) Without limiting the measures that may be taken
for a purpose specified in clause (c) of subsection (1), a rescuer or an
officer authorized by the Service may, for that purpose, require any person not
to enter into or remain within the emergency area and may use any appropriate
public place for emergency warning and refuge centre or for purposes of
community awareness.
(4) No person
shall refuse to comply with the directions of the rescuer or the person
specified in subsection (2) and if a person or organization does not comply
with such directions, the rescuer or the aforesaid officer may use such force
as is reasonably necessary to ensure compliance.
18. Obstruction or hindrance.– No person shall wilfully obstruct or hinder the Director General, Director, emergency officer, the rescuer, or any other person acting with his authority, in the exercise of a function under this Act.
19. Immunity
against certain liabilities.– (1)
An act or omission committed by an employee of the Service, or a volunteer,
shall not, if committed in good faith for the purpose of exercising the
functions of or assisting the Service, subject such employee or volunteer
personally to any legal action, liability, claim or demand.
(2) All actions, proceedings and claims against any such employee or a volunteer in relation to any act done or omitted to be done in good faith, shall be defended and indemnified by the Service.
(3) Subject to the rules, any information
received by the Service shall be deemed to be the privileged communication
between the informer and the Service:
Provided that the Director General may, in a special case and by order in writing, waive such privilege.
20. Life insurance.– All members of the Service shall contribute to the salary saving life insurance scheme and compensation in case of injury or death in the line of duty shall be provided by the Service to such extent as may be prescribed by the Council.
21. Public servants.– All members of the Service shall be deemed to be public servants within the meaning of section 21 of the Pakistan Penal Code, 1860 (Act No. XLV of 1860).
22. Emergency ambulance and rescue vehicles.– (1) No person shall use any vehicle as an emergency ambulance or rescue vehicle unless it satisfies such requirements as are laid down by the Service.
(2) Where a vehicle does not fulfill the requirements laid down by the Service, but is used as a patient transport vehicle, it shall not use any siren or a warning light other than a round yellow warning light.
(3) No person, other than that belonging to a law enforcing agency, shall use red, blue or orange light or any siren on his vehicle except where the vehicle satisfies the requirements prescribed for an emergency ambulance or vehicle.
(4) No person shall–
(a) use the words “rescue ” or “rescue service” or any other similar name, title or description without the written authority of the Director General;
(b) falsely represent that he is associated with the Service unless such an association exists;
(c) impersonate as an officer of the Service; or
(d) use any insignia of the Service in any manner contrary to that approved by the Director General.
23. Right
of way to emergency rescue vehicles and ambulances.– (1) A driver of a vehicle or a member of the
public or traffic police, to the extent practicable, shall make all possible
efforts to give clear and uninterrupted passage to–
(a) an emergency rescue vehicle or an ambulance with activated warning devices, siren or warning lights and duly registered with the Service; and
(b) an emergency officer or a rescuer or any person acting under their direction, who appears to be doing any act for the purposes of this Act.
24. False
or obnoxious calls.– No person shall make a false or an
obnoxious call on the emergency dial-in-number or in any other manner try to
represent that emergency circumstance exists requiring utilization of any
resources of the Service.
25. Offences
and punishments.– (1) Any
person who wilfully or without any reasonable excuse, disobeys or violates any
provision of this Act, shall be deemed to have committed a bailable offence
punishable with simple imprisonment for six months or with fine not exceeding
rupees fifty thousand or with both.
(2) No prosecution under this Act shall be
lodged without the previous sanction of the Director General which shall not be
given except after serving a notice on the person concerned and giving him
reasonable opportunity of hearing.
(3) No court inferior to that of a Magistrate of the first class shall try an offence under this Act.
26. Rules.– The Government may frame rules to carry out the purposes of this Act.
27. Regulations.– The Council may make regulations, not inconsistent with this Act or the rules for or with respect to any matter that by this Act is required or permitted to be prescribed, specified or determined by the Council for carrying out the purposes or giving effect to the provisions of this Act.
[1][1]This Act was passed by the
Punjab Assembly on 9 June 2006; assented to by the Governor of the
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