[1]THE PUNJAB EMERGENCY SERVICE ACT 2006
( IV of
2006)
[19th
June, 20
An
Act
for the establishment
of the Punjab Emergency Service to deal with emergencies.
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 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, Punjab; ( Member )
(k)
Director General of the Service; and ( Member )
(l)
two representatives, [2][including
at least one female representative] one each from the Government teaching
hospitals and nongovernmental 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 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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