REGISTERED No- vo The Gazette 475} of Pakistan ae EXTRAORDINARY PUBLISHED BY AUTHORITY ISLAMABAD, MONDAY, MARCH 14, 2011 PARTI Acts, Ordinances, President’s Orders and Regulations NATIONAL ASSEMBLY SECRETARIAT Islamabad, the 12th March, 2011 No. F, 22 (52)/2009-Legis —The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on the 9th March, 2011 and is hereby published for general information:— Act No, Vor 2011 ‘An Act to provide for the establishment of the Earthquake Reconstruction ‘and Reltabiliration Authority (ERRA) WHEREAS itis expedient {0 constitute an autonomous organization for post disaster damage assessment, recovery, reconstruction and rehabilitation of the areas affected by the earthquake, and to provide for matters connected there incidental thereto; It is hereby enacted as under — 1, Short title, extent and commencement. (1) This Aet may be called the Earthquake Reconstruction and Rehabilitation Authority Act, 2011 3) [219(2011)/Ex. Gaz.) Price : Rs. 10.50THE GAZETTE OF PAKISTAN, EXTRA, MARCH (4, 2011 [Panel @ 3) It extends to the whole of Pakistan. Ik shall come into force at once and shall be deemed to have taken effect on the 1" day of July, 2007. Definitions—In this Act, unless thereisanything repugnant in the subject oreontext.— fa) @ 4) 0 “affected areas” means areas affected by the earthquake and its aftershocks and notitied as such by the Federal Government “Authority” means the Earthquake Reconstruetion and Rehabilitation Authority (BRRA); “Bourd” means the Board of the Authority established under section 12; “Chairman” means Chairman of the Authority; ‘Council means the Earthquake Reconstruction and Rehabilitation Council constituted under section 8; “Deputy Chairman” means Deputy Chairman of the Authority; “BCNEC” means Executive Committee of the National Economic Councils “fund” means the fund established under section 15; “regulations” means regulations made under this Act; and “rules” means rules made under this Act 3, Establishment of the Earthquake Reconstruction and Rehabilitation Authority—(1) Immediately after commencement of this Act, the Federal Government shall, by notification in the official Gazette, establish the Earthquake Reconstruction and Rehabilitation Authority (ERA) for carrying out the purposes of this Act. 2) Subject 0 the provisions ofthis Act, the Authority shall be autonomous in ite functions and operations and shall bea body corporate having perpetual succession and acommon seal, with power to acquire, hold and dispose off property, both moveable and immoveable, and enter into contracts and shall by its name sue and be sued,Pavel] THE GAZETTE OF PAKISTAN, EXTRA, MARCH 14, 2011 3 (3) For the pumpose of coordination, the Authority will be administratively attached with the Prime Minister’s Secretariat. 4. Principal office.—The principal office of the Authority shall be in Islamabad and it may establish regional offices at such other place or places as it considers necessary. 5S. Funetions of Authority.—Subject to the provisions of this Act, the ‘Authority shal be responsible for all reconstruction, rehabilitation andeatly, recovery programmes and projects in the affeoted areas and, towards this end, may perform the following functions, namely:— @ (e) © @ © ‘s) fo conduct surveys to assess damage and carry out future planning in the affected arvas; to formulate a comprehensive umbrella development program Lo provide for— (@) reconstruction of the government buildings and offices, utilities and services, infrastructure, roads, subways and bridges, potable water, drainage system, health and education fecilities, tourism, ittigation and agriculture facilities in the affected areas; @)_ environmental protection and rehabilitation; and ii) restoration of economic activities and livelihoods: to prepare resettlement and rehabilitation plan for the affected population in consultation with the respective Govemments of the affected areas; to approve projects, programmes and schemes identified, prepared and submitted by the respective Goveraments of the affected areas; totake steps for monitoring and evaluation of the approved projects, programmes and schemes, to prescribe cost-effective technology, building codes or construction guidelines, architectural designs, specifications, nd construction materials for housing and other buildings in the affected areas (0 safeguard against future seismic threats To facilitate the establishment of the reconstruction-related industry and business in the affected areas in consultation with the respective Governments;‘THE GAZETTE OF PAKISTAN, EXTRA.MARCH 14.2011 [Parr iby @ 6. Powers of the Author ay b) fe) co @) ta ® To perform such other functions supplemental, incidental or consequential to the purposes and functions aforesaid and any other function assigned to it by the Federal Government in accordance with the purposes of this Act; and to keep the two Houses of Majlis-e-Shoora (Parliament) informed of its activities through six monthly reports of its performance for discussion, To peeformits functions, the Authority may— undertake eny wor, incur any expenditure, procure plant, machinery, services, equipment, vehicles and any other movcable and immoveable property, anc procure stores required forthe implementation of approved development projects, programmes and schemes; dispose off such plant, machinery, equipment, vehicles property and stores as are no longer required in the manner as prescribed by rules: seek or call for any information from any person or any institation, depariment or agency, as may be required for carrying out its purposes: seek and obtain from any department or agency (including the armed fotees) advice and assistance to discharge its functions and for execution of its approved projeets, programmes and sckemes; approve individual projects, programs and schemes, within the scape of the approved umbrella programme; transfer any project on its completion to any deparimentor agency of the Federal Goverament or respective Governments of the affected areas; and re-appropriate funds from one project, programme scheme ete, to another project, programme or scheme 7, Management and administration.—(1) The general cirection in all matters of policy and administration of the Authority and its affairs shall vest in the Couneil (2) The Council may, by general or special order, delegate to any body or any officer of the Authority to exercise any ofits powers, duties or functions under this Act, subject to such conditions as it may deem fitBaer] THE GAZSTTE OF PAKISTAN, EXTRA. MARCH M4, 2011 31 8 The Council—(1) There shall be established the Earthquake Reconstruction and Rehabilitation Council which shall consist of the following members, namely:— (a) Prime Minister of Pakisten Chairperson (b) Prime Minister of Azad Jammu and Kashi Member (©) Chief Ministers of Punjab, Khyber Members Pakhtunkhwa, Sindh and B! (@) Chief Minister, Gilgi-Babistan Member (e) The Federal Minister for Finance or Mernber Advisor to the Prime Minister on Finance as the case may be; and. (©) Depaty Chairman, Planning Commission Member (©) Chairman of the Authority Member () Deputy Chairman of the Authority, Member @)_bwo members each from the National Assembly Members and the Senate to be nominated by the Speaker and Chairman respectively in consaltation with the Leaders of the House and Leaders of the Opposition in the two House. @) The Council may co-opt such other members as it deems necessary for the conduct of its business. (3) The Federal Goverment may, by notification in the Official Gazette, increase the membership of the Council. 9. Funettons of the Council, —The Council shall provide policy guidelines and approve the poticies, plans, programmes, projects and scheme, submitted by the Chairman or the Board, 10. Chairman of the Authority.—{1) The Federal Government shall appoint (Chairman of the Authority in accordance with the qualifications and procedure laid down by the Council. The Chairman shall be responsible for the policy matters for such period and such terms and conditions as may be determined by the CouncilTHE GAZETTE OF PAKISTAN, EXTRA..MARCH [4,201] __ (Part 2) The Chairman shall perform such function and carry out such responsibilities as may be delegated to him by the Council or the Board. 11, Deputy Chairman of the Authority.—(1) The Federal Government shalt appoint Deputy Chairman for such period and.on such terms and conditions as the Council may determine, (2) The Deputy Chairman shall ke responsible forthe day-to-day administration of the Authorlty and may exercise such administrative and financial powers as delegeted to hima by the Council or the ‘ard, 12, The Board.—(1) There shall be a Board which shall be responsible for {he implementation of the approved policy decisions, plans, programmes, projects ‘nd schemes and shall have such administrative and finaneial powers ¢8 may be delegated to it by the Council (2) ‘The Board shall consist of the Following meinbers, kamely:— (a). Chairman of the Authority Chairman (®). Deputy Chairman of the Authority Member (©) Additional Finance Secretary Member (@)_ Additional Sceretary Defenee Member (c) Additional Secretary, Pleaning Division Member (1) Additional Secretary, Member Economic Attaies Division (2). Chief Secretaries of four Provinces Merabers aad Gilgit-Baltistan (h) Chief Secretary, AT&K Member @ Pour representatives of civil society Members to be nominated by the Federal Government @ Arepresentativeof civil society Member 1o be nominated by the Government of an affected Arca. (3) The Deputy Chairman of the Authority shall also act as Secretary of the BoardPaerl]__THE GAZETTE OF PAKISTAN, EXTRA, MARCH {4, 2011 30 ee (4) The Board may co-opt euch other members as are deemed necessary for the condact of its business. (5) The terms and conditions of the non-official members and their privileges will be'such as may be determined by the Couneil (6) The Federal Government may, by notification in the official Gazette, increase or decrease the membership of the Board and for that matter amend st section (2} s0 as to add aay entry thereto or modify or omit any entry therein 13, Powers and functions of the Board,—(1) The Board shall exercise such powers ond perform such functions as the Council may assign to it (2) Subject 10 the provision of sub-section (1) and subject to the overall upé-vision and control of the Council, the Board shal perform the following functions. namely:— (2) approve projects upto one billion rupees and any project beyond that limit shall be submitted to ECNEC for appsovels, (b) approve the budget and accounts; (©) consider the quarterly and annual reports of the Autherity for making recommendationsto the Council; (a) appoint advisors and consultants and determine their conditions of appointment; end (e) constitute such committees as it may consider appropriate. 14, Meetings —{1) Meetings of the Council and of the Board shall be held at such time, place and in such manner as may be specified, (2) The Council shall meet once in three months or as often as the Chairman of the Council may direct (3) The Board shall meet as often asis expedient to dischargeits responsibilities and shall prescribe procedure for regulating its proceedings. (4) The decisions of the Council and of the Bourd shell be taken by the majority of members present and, in the event of a tio, the Chairperson or, as the case may be, the Chairman shall have 2 casting vote.40 THE GAZETTE OF PAKISTAN, EXTRA..MARCH 14,201] [Perl 15. ERRA Fund.—(1) There shall be established a fund for reconstruction and rehabilitation to be known as the ERRA Fund which shall vest in and te utilized by-the Authority to meet the expenses and carry out the objectives of this Act. (2) The Fund shall consist of — (a) _ such sums as the Federal Government may. from time to time, allocaie to ityand (8) all other sums or properties which may in any manner become payable to, or vest in, Authority. 16. Anmual budget —The Authority shall prepare its annual budget for each Sinanctal year, tbe considered by the Board, for submission to the Council for final approval 17. Accounts. —The Authority shall maintain complete and accurate books of accounts and shall, after the end of each financial year, prepare for the finsncial year a statement of accounts of the Authority in such form as may be prescribed by the Controller General of Accounts for submission to the Federal Government, 18. Audit.—(1) The accounts of the Authority shall be audited annually by the Auditor-General of Pakistan. (Q) The Authority, in addition to the sudit hy che Auditor General, may ease its accounts to be audited by internal auditors and arrange for third parcy validation of the projects on need basis. 19, Exemption from taxes.—Notwithstandinys anything contained in the Income Tax Ordinance, 2001 (XLIX of 2001), or in other law for the time being ia foree relating to income-tax, capital gains-tax, the Authocity shall not be liable to pay and shall be exempted from paying any such taxes as aforesaid on its incomes, profits o gains. 20, Appointment of officers, ete.—(1) The Board may, trom time to lime, appoint such officers, employees, experts and consultants as it may consider necessary for the performance of its functions. (2) The Board shall, prescribe by regulations the procedure for appointment of its officers, employees, experts and consultants and the terms and conditions of their service. 21, Recovery of dues —Any sum duc to the Authority shall be recoverable as arrears of land reveme.Paxrl] ‘THE GAZETTE OF PAKISTAN, EXTRA. MARCH 14, 2011 4 22. Validity of proceedings.—No act, decision or proceedings of the Authorily or its Council or Board shall be invalid by reason anly of the existence of a vacancy in, or defect in the constitution of, the Authority or its Council or Board 23, Indemnity.—No suit, prosecution or other legal proceedings shall lie ‘against the Authority, the Council; the Board, the Chairperson, the Chairman, orany member, officer, servant, advisor, consultant or expert of the Authority, for anything one in good faith under this Act. 24, Officers ete., to be public servant—Every officer, employee expert and consultant of the Authority shall be deemed to be a public servant within the meaning of section 21 of the Pakistan Penal Code, 1860 (Act XLV of 1860). 25. Ordinance XCI of 2002 not to apply to the Authority.—Nething containedin the Industrial Relations Ordinance, 2002 (XCI of 2002), shall apply to, or in elation to, the Authority or its establishments or in its officers or employees: 26. Winding up of the Authority.—No provision of any law relating :o ‘winging up of bodies corporate shall apply to the Authority and the Authority shall not be wound up except through resolution passed by both Houses of Mailis-< Shoora (Parliament). 27. Powers to make rules,—The Council may, by notification in the official Gazette, make rules for carrying cut the purposes of this Act, 28. Powers to make regulations.—The Board may make regulations not inconsistent with this Act and the rules made thereunder, to provide for all matters, for which provision is necessary or expedient for carrying out the purposes of this Act, 29, Removal of difficulties —If any difficlty arises in giving effect to any of the provisions of this Act. the Federal Government may make such order, not inconsistent with the provisions of this Act as may appear to he necessary, for the purpose of removing the difficulty. 30. Power of the Federal Government to issue directives—The Federal Government may, as and when it considers necessary jssue ditectives tothe Authority con matters of policy, and such directives shall be binding on the Authority and if a question arises whether any matter is a matter of policy or not, the decision of the Federal Government stu be final 31. Act to override other laws—The provisions of this Act shall have effect notwithstanding anything inconsistent contained in any other law for the tine being in force and any such faw, rule or regulation shall, to the extent of any inconsistency, cease to have effect from the date this Act comes into force,4 “THE GAZETTE OF PAKISTAN, EXTRA,MARCH 14, 2011 [Past 32, Repeal and savings.—Upon the commencement of this Act— f@) () «© the Prime Minister's Secretariat's Notification No. F:1(4)/2005 -Admin, dated 24th October, 2005, shall stand rescinded; all funds, properties, rights and interests of whatsoever kind issued, used, enjoyed, possessed or owned, vested in the Earthquake Reconstruction and Rehabilitation Authority (ERRA in existence before. such commencement ard of liabilities legally subsisting against the said Authority shall pass to the Authority established under this Act; and all employees, advisors, consultants and experts appointed by the Authority in existence before the commencement of this Act shall become employees, advisors, consultants and experts of the Authority established under this Act SYED MUNAWAR ABBAS, Acting Secretary. 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