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