CHAPTER 33:05
DISASTER PREPAREDNESS AND RELIEF

ARRANGEMENT OF SECTIONS

   SECTION

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART II
COMMISSIONER FOR DISASTER PREPAREDNESS AND RELIEF

   3.   Establishment of the office of the Commissioner

   4.   Functions of the Commissioner

PART III
NATIONAL DISASTER PREPAREDNESS AND RELIEF COMMITTEE OF MALAWI

   5.   Establishment of the Committee

   6.   Composition of the Committee

   7.   Vacation of office of members of the Committee

   8.   Filling of vacancies on the Committee

   9.   Co-opted persons

   10.   Chairman and Vice Chairman of the Committee

   11.   Allowances of members of the Committee

   12.   Meetings and procedure of the Committee

   13.   Functions of the Committee

   14.   Sub-committees of the Committee

   15.   Non-liability of members of the Committee or of sub-committees

PART IV
PLANNING SUB-COMMITTEES AND CIVIL PROTECTION PLANS

   16.   Planning sub-committees

   17.   Civil protection plans

PART V
REGIONAL ORGANIZATION OF CIVIL PROTECTION

   18.   Civil protection regions

   19.   Regional civil protection officers and their assistants

   20.   Functions of regional civil protection officers

   21.   Appointment of committees and delegation of powers by regional civil protection officers

PART VI
AREA ORGANIZATION OF CIVIL PROTECTION

   22.   Civil protection areas

   23.   Area civil protection officers and their assistants

   24.   Functions of civil protection officers

   25.   Appointment of committees and delegation of powers by area civil protection officers

PART VII
VOLUNTEERS

   26.   Volunteers

   27.   Reimbursment and indemnification of persons employed in civil protection

   28.   Disability benefits

PART VIII
GENERAL POWERS OF CIVIL PROTECTION OFFICERS

   29.   Interpretation

   30.   Orders by civil protection officers

   31.   Power of civil protection officers to requisition land and property

PART IX
DECLARATION OF A STATE OF DISASTER

   32.   Declaration of a state of disaster

   33.   Communication to the National Assembly

PART X
NATIONAL DISASTER PREPAREDNESS AND RELIEF FUND

   34.   Establishment of the Fund

   35.   The Fund to vest in the Minister

   36.   Advances to the Fund

   37.   Objects of the Fund

   38.   Application of the Fund

   39.   Books and other records of account, audit and reports of the Fund

   40.   Holdings of the Fund

   41.   Financial year

PART XI
EMERGENCY POWERS OF THE MINISTER

   42.   Minister may take over certain powers and duties during disaster

   43.   Burials, etc., during disasters

PART XII
MISCELLANEOUS

   44.   Secretariat

   45.   Commissioner, etc., to deliberate at meetings of Committee, etc.

   46.   Offences

   47.   Regulations

   48.   Transitional

27 of 1991
G.N. 48/1992

An Act to make provision for the co-ordination and implementation of measures to alleviate effects to disasters, the establishment of the office of Commissioner for Disaster Preparedness and Relief, the establishment of a National Disaster Preparedness and Relief Committee of Malawi, and for matters incidental thereto or connected therewith

[16TH MARCH 1992]

PART I
PRELIMINARY

1.   Short title

   This Act may be cited as the Disaster Preparedness and Relief Act.

2.   Interpretation

   In this Act, unless the context otherwise requires—

   “area civil protection officer” means an area civil protection officer referred to in section 23;

   “civil protection” means any service provided or measure taken for the purpose of preparing for, guarding against or dealing with any actual or potential disaster;

   “civil protection area” means a civil protection area established pursuant to section 22;

   “civil protection region” means a civil protection region established pursuant to section 18;

   “Committee” means the National Disaster Preparedness and Relief Committee of Malawi established by section 5;

   “Commissioner” means the Commissioner for Disaster Preparedness and Relief appointed under section 3;

   “disaster” means an occurrence (whether natural, accidental or otherwise) on a large scale which has caused or is causing or is threatening to cause—

   (a)   death or destruction of persons, animals or plants;

   (b)   disruption, pollution or scarcity of essential supplies;

   (c)   disruption of essential services;

   (d)   influx of refugees into or out of Malawi;

   (e)   plague or epidemic of disease that threatens the life or well-being of the community,

   and includes the likelihood of such occurrence;

   “Fund” means the National Disaster Preparedness and Relief Fund established under section 34;

   “planning sub-committee” means a planning sub-committee appointed under section 16;

   “state of disaster” means a state of disaster declared under section 32;

   “volunteer” means a person who has applied to be a volunteer and whose name is entered in a register of volunteers established under section 26.

PART II
COMMISSIONER FOR DISASTER PREPAREDNESS AND RELIEF

3.   Establishment of the office of the Commissioner

   (1) There shall be a Commissioner for Disaster Preparedness and Relief (in this Act referred to as the “Commissioner") whose office shall be a public office.

   (2) In addition to the Commissioner there shall be appointed in the public service such officers subordinate to the Commissioner as are necessary for the proper performance of the functions of the Commissioner.

4.   Functions of the Commissioner

   Subject to this Act, the Commissioner shall have the following functions—

   (a)   directing the establishment of civil protection organizations and civil protection areas;

   (b)   controlling and directing personnel, materials and services for the purposes of this Act;

   (c)   directing and assisting regional civil protection officers and area civil protection officers in the performance of their duties under this Act;

   (d)   co-ordinating the training of personnel for civil protection purposes;

   (e)   generally co-ordinating the planning and execution of civil protection;

   (f)   promoting research in matters relating to civil protection and disseminating information on matters of civil protection and on activities in civil protection regions and civil protection area;

   (g)   advising the Minister on all matters relating to civil protection; and

   (h)   performing any other functions relating to civil protection that may be assigned to him by the Committee or by the Minister under this Act.

PART III
NATIONAL DISASTER PREPAREDNESS AND RELIEF COMMITTEE OF MALAWI

5.   Establishment of the Committee

   There is hereby established a body to be known as the National Disaster Preparedness and Relief Committee of Malawi (in this Act referred to as the “Committee").

6.   Composition of the Committee

   (1) The Committee shall consist of—

   (a)   the following ex-officio members—

      (i)   the Secretary to the President and Cabinet, or his representative;

      (ii)   the Secretary for Health, or his representative;

      (iii)   the Secretary for Community Services, or his representative;

      (iv)   the Secretary for Local Government, or his representative;

      (v)   the Secretary to the Treasury, or his representative;

      (vi)   the Secretary for Economic Planning and Development, or his representative;

      (vii)   the Secretary for Works, or his representative;

      (viii)   the Secretary for Agriculture, or his representative;

      (ix)   the Secretary for Forestry and Natural Resources, or his representative;

      (x)   the Secretary for Transport and Communications, or his representative;

      (xi)   the Inspector General of Police, or his representative;

      (xii)   the Army Commander, or his representative;

      (xiii)   the Secretary for Youth and Culture or his representative;

   (b)   not less than three and not more than five other members representing the non-governmental sector appointed by the Minister.

   (2) A representative of an ex-officio member referred to in subsection (1) (a) shall be designated by, or on behalf of, the ex-officio member by notice in writing to the Committee to attend the meetings thereof, and upon such designation such representive shall not himself attend to the business of the Committee by representation.

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