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