National Disaster Management Ordinance 2007

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NATIONAL DISASTER MANAGEMENT

ORDINANCE, 2007

(Application of amendments specified in the Scheduled

to the Federally Administered Tribal Areas)

[Gazette of Pakistan , Extraordinary, Part-II,

19th March, 2008]

S.R.O. 302(I)/2008, dated 10-3-2008.--In exercise of the powers conferred by clause (3) of Article 247 of the Constitution of the Islamic Republic of Pakistan, the President is pleased to direct that the National Disaster Management Ordinance, 2007 (LIII of 2007) shall subject to the amendment specified in the scheduled below, apply to the Federally Administered Tribal Areas:--

SCHEDULE

  1. In section 2,--

(i) after clause (a), the following new clauses shall be inserted, namely:--

(aa) "Agency Authority" means the Agency Disaster Management Authority established under section 18A;

(ab) "Agency or TR" means any Agency or Tribal Area as defined in clause (c) of Article 246 of the Constitution of Islamic Republic of Pakistan, including the Tribal Area adjoining Lakki Marwat District;

(ac) "Agency Plan" means a Disaster Management Plan prepared for a particular Agency under section 21A; and

(ii) after clause (e), the following new clauses shall be inserted, namely:--

(ea) "FATA" means the Federally Administered Tribal Areas;

(eb) "FATA Authority" means the Federally Administered Tribal Areas Disaster Management Authority established under section 15A;

(ec) "FATA Commission" means the Federally Administered Tribal Areas Disaster Management Commission established under section 13A;

(ed) "FATA Plan" means the plan for disaster management for Federally Administered Tribal Areas prepared under section 17A;".

  1. In section 6, in subsection (2), in clause (d), for the words "Provincial Authorities", the words "the Federally Administered Tribal Areas Authorities" shall be substituted.

  2. In section (9),--

(i) in clause (d) for the words "Provincial Authorities" the words "Federally Administered Tribal Areas Authorities"; and

(ii) in clauses (e) and (g) for the words "Provincial Governments and the Provincial Authorities" the words "Federally Administered Tribal Areas Authorities" shall be substituted.

  1. In Chapter-III, in the title for the words "Provincial" the word "Federally Administered Tribal Areas" shall be substituted;

  2. After section 13. the following new section shall be inserted, namely:--

'13A. Establishment of FATA Commission.-(1) The Federal Government shall, as soon as may be after the issuance of the notification under subsection (1) of section 3, establish a Federally Administered Tribal Area Disaster Management Commission for the Federally Administered Tribal Area.

(2) The FATA Commission shall consist of the following, namely:--

(a) The Governor, North-West Frontier Province , who shall be Chairperson, ex officio:

(b) Chief Secretary, North-West Frontier Province ;

(c) Additional Chief Secretary (FATA);

(d) Secretary (Law and Order), FATA Secretariat;

(e) Secretary (Planning and Development), FATA Secretariat;

(f) Secretary Finance, FATA Secretariat;

(g) one FATA MNA to be nominated by the Governor N.-W.F.P.;

(h) one FATA Senator to be nominated by the Governor N.-W.F.P.;

(i) Director-General Media (FATA), FATA Secretariat;

(j) Chief Engineer (FATA), Works and Services Department;

(k) Director Health Services (FATA), FATA Secretariat;

(1) Director Education (FATA), FATA Secretariat;

(m) Director Irrigation and Hydle Power (FATA), FATA Secretariat;

(n) Director Local Government and Rural Development (FATA Civil Secretariat (FATA);

(o) Deputy Director, Technical Education (FATA), FATA Secretariat;

(p) Conservator of Forests (FATA), FATA Secretariat;

(q) Director (Livestock and Dairy Development FATA), FATA Secretariat;

(r) Other members to be nominated by Governor N.-W.F.P.; and

(s) The Chairperson of the FATA Commission may designate one of the members specified in clauses (b) to (r) to be the Vice-Chairperson."

  1. After section 14, the following new section shall be inserted, namely:--

"14A. Powers and functions of FATA Commission.--(l) Subject to the provisions of this Ordinance, FATA Commission shall have the responsibility for laying down policies and plans for disaster management in the Federally Administered Tribal Areas.

(2) Without prejudice to the generality of provisions of sub-section (1), the FATA Commission may,-

(a) lay down the FATA disaster management policy;

(b) lay down the FATA Plan in accordance with the guidelines laid down by the National Commission;

(c) approve the disaster management plans prepared by the departments of the FATA Secretariat;

(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 FATA Secretariat 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 FATA Secretariat and issue such guidelines or directions as may be necessary.

(3) The Chairperson of the FATA Commission shall, in the case of emergency, have power to exercise all or any of the powers of the FATA Commission but the exercise of such powers shall be subject to ex post facto approval of the FATA Commission."

  1. After section 15, the following new section shall be inserted, namely:--

"15A, Establishment of FATA Disaster Management Authority.--(1) The Federal Government shall, as soon as may be, after issue of the notification under subsection (1) of section 3, by notification in the official Gazette establish FATA Disaster Management Authority for the Federally Administered Tribal Areas.

(2) The FATA Authority shall consist of such number of Members as may be prescribed and shall include as its Chairperson the FATA Director-General or FATA Relief Commissioner.

(3) There shall be a Director-General of the FATA Authority, to be appointed by the Federal Government, with the status and powers and on such terms and conditions, as may be prescribed by the Federal Government.".

  1. After section 16, the following new section shall be inserted, namely:--

"16A. Powers and functions of FATA Authority.-(1) Subject to the provisions of this Ordinance, FATA Authority shall be responsible for implementing policies and plans for disaster management in the FATA.

(2) Without prejudice to the generality of the foregoing provisions, the FATA Authority may,--

(a) formulate the FATA disaster management policy obtaining the approval of the FATA Commission;

(b) co-ordinate and monitor the implementation of the National policy, National plan and FATA plan;

(c) examine the vulnerability of different parts of the FATA to different disasters and specify prevention or mitigation measures;

(d) lay down guidelines to be followed for preparation of disaster management plans by the Departments of the FATA Secretariat and Agency Authorities;

(e) evaluate preparedness at all governmental or non governmental levels to respond to disaster and to. enhance preparedness;

(f) co-ordinate response in the event of disaster;

(g) give directions to any department of FATA Secretariat or authority regarding actions to be taken in response to disaster;

(h) promote general education, awareness and community training in this regard;

(1) provide necessary technical assistance or give advice to Agency Authorities and local authorities for conveying out their functions effectively;

(j) advise the Federal 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 the same to secure compliance of such standards;

(1) 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 FATA Authority.".

  1. After section 17, the following new section shall be inserted, namely:-'

"17A. FATA Plan.--(1) There shall be a plan for disaster management for FATA to be called the FATA Disaster Management Plan;

(2) The FATA Plan shall be prepared by the FATA Authority having regard to the guidelines laid down by the National Authority after consultation with the Agency Authority;

(3) The FATA Plan shall includes-

(a) the vulnerability of different parts of the FATA to different forms of disaster;

(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 FATA Secretariat in relation to the measures specified in clauses (b),. (c) and (d); and

(f) the roles and responsibilities of different Departments of the FATA Secretariat in responding to any threatening disaster situation or disaster.

(4) The FATA Plan shall be reviewed and updated annually.".

  1. In Chapter-IV, in the title for the word "District" the words and letters "Agency or TR" shall be substituted.

  2. After section 18, the following new section shall be inserted, namely:--

"18A. Constitution of Agency or TR Disaster Management Authority.-(1) The FATA Secretariat shall, as soon as may be, after issue of notification under subsection (1) of section 13A, by Notification in the official Gazette, establish Agency or TR Disaster Management Authority for every Agency or TR, as the case may be.

(2) The Agency or TR Authority shall consist of such number of members, as may be prescribed by the Federal Government and unless the rules otherwise provide, it shall consist of the following members, namely:-

(a) The Political Agent (the District Coordination Officer (DCO) in case of (TR) who shall be Chairperson, ex officio;

(b) all Assistant Political Agents;

(c) the Agency Surgeon;

(d) the Executive Engineer, Works and Services Department;

(e) the Agency Education Officer; the executive Engineer, Irrigation Department;

(g) the Divisional Forest Officer;

(h) the Assistant Director Local Government;

(i) the representative of Head Quarters Frontier Corps;

(j) one Councilor from each sub-division; and

(k) such other Agency or TR level officers, to be appointed by the Political Agent or DCO, as the case may be.".

  1. After section 19, the following new section shall be inserted, namely:-

"19A. Powers of Chairperson of Agency or TR Authority.-(1) The Chairperson of the Agency or TR Authority shall, in the case of an emergency, have power to exercise all or any of the powers of the Agency; or TR Authority but the exercise of such powers shall be subject to ex post facto approval of the Agency or TR Authority.".

  1. After section 20, the following new section shall be inserted, namely:-

"20A. Powers and functions of Agency or TR Authority.--(1) The Agency or TR Authority shall act as the Agency and TR planning co-ordinating and implementing body for disaster management and take all measures for the purposes of disaster management in the Agency or TR in accordance with the guidelines laid down by the National Authority and the FATA Authority.

(2) Without prejudice to the generality of the foregoing provisions, the Agency or TR Authority may,--

(a) prepare a disaster management plan including Agency or TR response plan for the Agency or TR;

(b) co-ordinate and monitor the implementation of the National Policy, FATA Policy, National Plan, FATA Plan and Agency or TR Plan;

(c) ensure that the areas in the Agency or TR 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 FATA 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 Agency or TR 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 by the departments of the FATA Secretariat and its sub-ordinate offices at the Agencies or TRs level and local authorities in the Agency or TR;

(g) monitor the implementation of disaster management plans prepared by the Departments of the FATA Secretariat at the Agency or TR level;

(h) lay down guidelines to be followed by the Departments of the FATA Secretariat and its subordinate offices at the Agency or TR level;

(i) organize and co-ordinate specialized training programs for different levels of officers, employees and voluntary rescue workers in the Agency or TR;

(j) facilitate community training and awareness programs 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;

(1) prepare, review and update Agency or TR level response plan and guidelines;

(m) co-ordinate with, and give guidelines to, local authorities in the Agency or TR to ensure that pre-disaster and post disaster management activities in the Agency or TR are carried out promptly and effectively:

(n) review development plans prepared by the Departments of the FATA Secretariat and its sub-ordinate offices at the Agency or TR 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 centers 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 FATA Authority relating to different aspects of disaster management;

(r) encourage the involvement of non-governmental organizations and voluntary social-welfare institutions working at the grassroots level in the Agency or TR 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 FATA Secretariat or FATA Authority may assign to it or as it deems necessary for disaster management in the Agency or TR.".

  1. After section 21, the following new section shall be inserted, namely:--

"21A. Agency or TR plan.-(l) There shall be a plan for disaster management for every Agency and TR forming part of FATA.

(2) The Agency or TR plan shall be prepared by the Agency or TR Authority having regard to the National Plan and the FATA plan.

(3) The Agency or TR plan shall be reviewed and updated annually.".

  1. After section 22, the following new section shall be inserted, namely.".

"22A. Additional Powers of Agency or TR Authority.--For the purpose of assisting, protecting or providing relief to the community, in response to any disaster, the Agency or TR Authority may,-

(a) give directions for the release and use of resources available with any department of the FATA Secretariat or its sub-ordinate offices and the local authority in the Agency or TR;

(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, health care 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 FATA Secretariat or any Authority or body under the Secretariat at the Agency or TR 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;

(1) 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.".

  1. In section 23, in subsection (2),--

(i) for clause (a) the following shall be substituted, namely:--

"(a) co-ordination of action of the Ministries and Divisions of the Federal Government, Provincial Governments, National Authority, Provincial Authorities, FATA Authorities, the FATA Secretariat, governmental and non-governmental organizations in relation to the disaster management;"; and

(ii) for clause (b) the following shall be substituted, namely:--

"(b) cooperation and assistance to the FATA Secretariat as requested by it or otherwise deemed appropriate by it;".

  1. After section 24 the following new section shall be inserted, namely:-

"24A. FATA Secretariat to take measures.-Subject to the provisions of this Ordinance, the FATA Secretariat shall, in consultation with the Federal Government 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.".

  1. After section 25, the following new section shall be inserted, namely:-

"25A. Functions of the local authority.-(1) Subject to the directions of the Agency or TR 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 preventions of disasters and mitigation by the National Authority, FATA Authority and the Agency or TR Authority; and

(d) carry out relief, rehabilitation and reconstruction activities in the affected area in accordance with the FATA Plan and the Agency or TR Plan.

(2) The local authority may take such other measures as may be necessary for the disaster.".

  1. In section 26,in subsection (3), for clause (e) the following shall be substituted, namely:--

"(e) provide assistance to the FATA Secretariat in the formulation of FATA level policies, strategies, disaster management framework and any other assistance as may be required by the FATA Secretariat for capacity building of stakeholders, FATA Secretariat including its functionaries, civil society members, corporate sector and people's elected representatives;".

  1. After section 30, the following new section shall be inserted, namely:-

"30A. Establishment of funds by FATA Secretariat or Federal Government.-(1) The FATA Secretariat shall, immediately after notifications issued for constituting the FATA Authority and the Agency or TR Authorities, establish for the purposes of this Ordinance the Fund to be called the FATA Disaster Management Fund.

(2) The FATA Disaster Management Fund shall be financed from the following sources, namely:-

(a) grants made by the Federal Government or Provincial Governments;

(b) loans, aid and donations from the national or international agencies provided in accordance with prescribed procedure.

(3) The FATA Disaster Management Fund shall be kept in one or more accounts maintained by the FATA Authority, in local or foreign currency, in any scheduled bank in Pakistan and shall be operated in accordance with the directions of the FATA Authority.

(4) The FATA Disaster Management Fund shall be administered by the FATA Authority towards meeting the expenses for emergency preparedness, response, mitigation, relief and reconstruction in the FATA.".

  1. In sections 32,33,34,38,40,41,42,43 and 44 for the words "Provincial Authority" and "District Authority", wherever occurring, the letters and words "FATA Authority" and "Agency or TR Authority" shall respectively be substituted.

  2. In section 33 in clause (b) for the words "Provincial Government" the ~letters and words "FATA Secretariat" shall be substituted.

  3. In section 41, in subsection (2) for the words "Provincial Government" and "Provincial Assembly" the words, letters and full stop, "FATA Secretariat" and "National Assembly or Governor N.W.F.P or the President", shall respectively be, substituted.

  4. In sections 43 and 44, for the words, "Provincial Government" the letters and words, "FATA Secretariat" shall be substituted.

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