[1]THE
PUNJAB EMERGENCY SERVICE ACT 2006
(Act IV of 2006)
[19 June 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 Punjab .
(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 Punjab ;
(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 Punjab ;
(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. Punjab Emergency Council.– (1) There shall be constituted a
Council to be known as the Punjab Emergency Council comprising of the
following:
(a) Chief Minister of the Punjab ; (Chairman)
(b) Chief Secretary, Punjab ; (Member)
(c) four Members of the Provincial Assembly (Members)
which shall
include one female and one
opposition
member to be nominated
by the
Speaker;
(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 (Member)
Protection
Agency;
(j) Provincial Commissioner Relief, Punjab ; (Member)
(k) Director General of the Service; and (Member)
female
representative] one each from the
Government
teaching hospitals and non-
governmental
organizations, to be nominated
by the
Government, for a period of three years.
(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 Emergency Service Academy
for the purposes of running short or long courses with local or international
collaboration and award certificates to successful person.
(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 Punjab .
(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 Punjab and
all members of other organizations shall act in aid of the Service.
(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.
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