LexThe Gujarat State Disaster Management Act, 2003
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i
Gujarat Act No. 20 of 2003
THE GUJARAT STATE DISASTER MANAGEMENT ACT, 2003
SECTIONS CONTENTS
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
AUTHORITIES FOR DISASTER MANAGEMENT
3. Authorities for disaster management.
CHAPTER III
FUNCTIONS OF STATE GOVERNMENT
4. Functions of State Government .
CHAPTER IV
FUNCTIONS OF DEPARTMENTS OF STATE GOVERNMENT
5. Functions of Department of Government.
CHAPTER V
ESTABLISHMENT AND CONSTITUTION OF AUTHORITY
6. Establishment and incorporation of Authority.
7. Constitution of Authority.
8. Meetings of Authority.
9. Proceedings presumed to be good and valid.
10. Officers and employees of Authority.
11. State Relief Commissioner.
CHAPTER VI
FUNCTIONS OF AUTHORITY
12. Certain functions of Authority.
13. Data Collection.
14. Repository of information.
15. Disaster Management Plans.
PAGE
NO.
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16. Awareness and Preparedness.
17. Recommendations to be made to appropriate authority.
18. Relief.
19. Rehabilitation and Reconstruction.
CHAPTER VII
POWERS AND FUNCTIONS OF CHIEF EXECUTIVE OFFICER
20. Powers and functions of the Chief Executive Officer.
CHAPTER VIII
POWERS AND FUNCTIONS OF STATE RELIEF COMMISSIONER
21. Emergency Relief.
22. Other functions of Commissioner.
CHAPTER IX
POWERS AND FUNCTIONS OF COLLECTOR
23. Powers and functions of Collector.
24. Other powers and functions.
CHAPTER X
FUNCTIONS OF LOCAL AUTHORITIES
25. Functions of Local Authorities.
26. Disaster management plans for Districts.
CHAPTER XI
DUTIES OF POLICE FORCE, GRAM RAKSHAK DAL, HOME
GUARDS, CIVIL DEFENCE AND FIRE SERVICES
27. Duties of Police Force, Gram Rakshak Dal, Home Guards etc.
CHAPTER XII
DUTIES OF COMMUNITIES, PRIVATE SECTOR ENTERPRISES AND
OTHER AGENCIES OR PERSONS
28. Duties of community groups and youth organizations.
29. Duties of factories, private and public sector entities.
30. Duties of voluntary agencies.
31. Duties of citizens.
13
14
14
15
15
16
18
18
20
22
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25
26
27
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CHAPTER XIII
DECLARATION OF AREA AS DISASTER PRONE AREA OR
DISASTER AFFECTED AREA
32. Declaration of an area as disaster prone area or disaster affected
area.
CHAPTER XIV
FINANCE, ACCOUNTS, AUDIT AND REPORT
33. Fund of Authority.
34. Borrowing of money.
35. Budget.
36. Accounts and audit.
37. Annual report.
CHAPTER XV
OFFENCES AND PENALTIES
38. Offences and penalties.
39. Cognizance of offences.
40. Offences by companies.
CHAPTER XVI
MISCELLANEOUS
41. Power of entry.
42. Delegation of functions.
43. Power of Government to issue directions to Authority.
44. Power to issue direction.
45. Members and employees to be public servants.
46. Protection of action taken under the Act.
47. Power of State Government to make rules.
48. Power of Authority to make regulations.
49. Dissolution of Society.
50. Power to remove difficulties.
51. Saving.
28
31
32
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34
34
35
36
36
37
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The following Act of the Gujarat Legislature, having been
assented to by the Governor on the 4 th April, 2003 is hereby
published for general information.
V. M. KOTHARE,
Secretary to the Government of Gujarat,
Legislative and Parliamentary Affairs Department.
GUJARAT ACT NO. 20 OF 2003.
(First published after having received the assent of the
Governor in the “ Gujarat Government Gazette ”, on the 5 th April,
2003).
AN ACT
to provide for effective management of disaster, for mitigation of effects
of disaster, for administering, facilitating, co -ordinating and monitoring
emergency relief during and after occurrence of disasters and for implementing,
monitoring and co -ordinating measures for reconstruction and rehab ilitation in
the aftermath of disasters, in the State of Gujarat and for these purposes to
establish the Gujarat State Disaster Management Authority and to specify other
agencies and for matters connected therewith or incidental thereto.
It is hereby enac ted in the Fifty -fourth Year of the Republic of
India as follows:--
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Gujarat State Disaster Management Act,
2003.
(2) It extends to the whole of the State of Gujarat.
(3) I t shall come into force on such date as the State Government may, by
notification in the Official Gazette , appoint.
2. In this Act, unless the context otherwise requires, -
Short title, extent
and
commencement.
Definitions.
v
(a)"affected area" means the area declared as such under clause (a) of
sub-section (2) of section 32;
(b) "appropriate authority” shall have the same meaning as in clause (iii)
of section 2 of the Gujarat Town Planning and Urban Development
Act, 1976;
(c) “Authority” means the Gujarat State Disaster Management Authority
established under sub-section (1) of section 6;
(d) “capacity-building” means building of capacity to cope up with any
disaster and includes—
(i) identification of existing resources relevant
to any disaster, and resources to be acquired
for the purpose of this Act;
(ii) acquiring and creating resources,
organisation and training of groups in local
community; and
(iii) co-ordination of such training;
(e) “Chairperson” means the Chairperson of the Authority;
(f) “Chief Executive Officer” means the Chief Exec
utive Officer
of the Authority;
(g) "Commissioner" means the State Relief Commissioner appointed
under section 11;
(h) “disaster” means an actual or imminent event, whether natural or
otherwise occurring in any part of the State which causes, or threatens to
cause all or any of the following:
(i) widespread loss or damage to property, both immovable
and movable; or
(ii) widespread l oss of human life or injury or illness to
human beings; or
(iii) damage or degradation of environment;
and any of the effects specified in sub -clauses (i) to (iii) is such
as to be beyond the capacity of the affected community to cope
up with using its own resources and which disrupts the normal
functioning of the community;
(i) “disaster management” means a continuous and integrated
process of planning and implementation of measures with a view
to:
(i) mitigating or reducing the risk of disasters;
(ii) mitigating the severity or consequence of disasters;
(iii) capacity-building;
(iv) emergency preparedness;
(v) assessing the effects of disasters;
(vi) providing emergency relief and rescue; and
President's Act
No. 27 of 1976.
vi
(vii) post-disaster rehabilitation and reconstruction;
(j) “emergency preparedness” means the state of readiness which
enables stakeholders to mobilize, organize and provide relief to
deal with an impending or actual disaster or the effects of a
disaster;
(k) “Local Authority” means a municipal corporation, nagar panchayat,
municipal council, district panchayat, taluka panchayat, gram
panchayat, notified area committee or cantonment board
constituted under relevant local authority law;
(l) "member" means a member of the Authority;
(m)“mitigation” means measures aimed at reducing the impact or effects
of a disaster;
(n) “prescribed” means prescribed by rules made under this Act;
(o)“prevention” means measures the object of which is to avoid the
occurrence of a disaster;
(p)“reconstruction” means repair and construction of a property
undertaken after a disaster;
(q)“regulations” means the regulations made under this Act;
(r)“rehabilitation” means any activity the object of which is to restore
normalcy in conditions caused by a disaster;
(s)"relevant local authority law" means—
(i) in relation to a City, the Bombay Municipal
Corporation Act, 1949;
(ii) in relation to municipal borough, transitional
area, smaller urban area and notified area, the
Gujarat Municipalities Act, 1963;
(iii) in relation to a village, taluka and district, the
Gujarat Panchayats Act, 1993;
(iv) in relation to a cantonment, the Cantonments
Act, 1924;
(t) “relief” means measures tak en during or immediately after a
declaration of disaster to diminish, or alleviate any suffering, pain,
injury or distress or hardship caused on account of the disaster;
(u) "stakeholder" includes—
Bom. LIX
of 1949.
Guj. 34 of
1964.
Guj. 18
of 1993.
2 of 1924.
vii
(i)any State Government;
(ii)any statutory functionary;
(iii)voluntary agencies including foreign voluntary
agencies and
(iv)any other person identified by the Authority;
which participate in any manner in activities related to disaster
management.
CHAPTER II
AUTHORITIES FOR DISASTER MANAGEMENT
3. For the purpose s of carrying out the objects of this Act ,the following
shall be the authorities, namely:--
(a) The State Government,
(b) The Gujarat State Disaster Management Authority,
(c) Heads of Government Departments,
(d) Commissioner,
(e) Collector of a district,
(f) Local authorities.
CHAPTER III
FUNCTIONS OF STATE GOVERNMENT
4. (1) The State Government shall ensure that all the authorities
specified in section 3 and stakeholders shall take all such measures, as are
necessary or expedient for the purpose of managing a disaster and mitigating its
effects .
(2) In particular and without prejudice to the generality of the
provisions of sub -section (1), such measures may include the following
measures, namely:--
(a) ensuring that appropriate policies and guidelines are developed;
(b) establishing a group called the Crisis Management Group and such
other entities as may be necessary and such group or entity shall
exercise such powers and perform such functions as may be specified
by the regulations;
(c) ensuring that the State administration and local authorities shall take
into consideration the guidelines laid down by the Authority while
planning its activities;
Authorities for
disaster
management.
Functions of
State
Government.
viii
(d) ensuring that a comprehensive communication and technology network
is established and maintained ;
(e) facilitating procurement related to disaster management of materials,
equipment and services in connection with the disaster management
and ensuring their quality;
(f) ensuring that disaster management plans are prepared and training for
managing disaster is given;
(g) promoting adequate risk transfer, risk sharing and cost -sharing
mechanisms;
(h) ensuring that adequate funds are available for disaster management;
(i) ensuring appropriate recovery measures; and
(j) taking such steps and issu ing such directions as may be necessary to
prevent escalation of the disaster or to alleviate, contain or minimise the
effects of disaster.
(3) Subject to the provisio ns of this Act, the State Government, may in
exercise of its powers and performance of its functions under this Act,
issue a direction in writing to a person or authority for the purpose of
avoiding an imminent damage arising out of a disaster or mitigat ion of
its effects and such person or authority shall comply with such
direction.
.
(4) Subject to the provisions of this Act, the State Government may in
exercise of its powers and performance of its functions under this Act, suspend
operation of any executive order if such executive order prevents, hinders or
delays any necessary action in coping with disaster.
CHAPTER IV
FUNCTIONS OF DEPARTMENTS OF STATE GOVERNMENT
5. (1) The Government departments of the State shall—
(a) provide assistance to the Authority, Commissioner, the Collector
and the local authority in setting up communication centers, drawing
up contingency plans, capacity -building, data collection and
identifying and training personnel;
(b) carry out relief operations under the superv ision of the
Commissioner and the Collector;
(c) assess the damage and carry out reconstruction and rehabilitation
activities in accordance with the guidelines framed by the Authority;
and
(d) take such steps and provide such assistance to the Authority,
Commissioner and the Collector as may be necessary for disaster
management.
Functions of
Departments of
Government.
ix
(2) Every department of the Government under the supervision of the Authority
shall--
(a) prepare a disaster management plan setting out -
(i) the manner in which the concept and principles
of disaster management shall be applied;
(ii) role and responsibilities of the department in
respect of the State disaster management ;
(iii) role and responsibilities of the department in
respect of emergency relief and post disaster
recovery and rehabilitation;
(iv) capacity to fulfill roles and responsibilities of
the department;
(v) particulars of strategies pertaining to disaster
management ; and
(vi) strategies and procedures in the event of a
disaster, including measures to finance the
strategies;
(b) co-ordinate preparation and the implementation of plan with other
departments, local authorities , communities and stakeholders;
(c) regularly review and update the plan; and
(d) submit to the Authority disaster management plan and any
amendments thereto.
CHAPTER V
ESTABLISHMENT AND CONSTITUTION OF AUTHORITY
6. (1) The State Government shall, by notification in the Official Gazette ,
establish an Authority by the name of the Gujarat State Disaster
Management Authority with effect f rom such date as may be
specified in the notification.
(2) The Authority shall be a body corporate, with perpetual
succession and common seal and may sue or be sued in its
corporate name and shall, subject to the provisions of this
Act, be competent to acqui re, hold and dispose of
Establishment and
incorporation of
Authority.
x
property, both movable and immovable, and to contract
and do all things necessary for the purposes of this Act.
(3) The headquarters of the Authority shall be at such place as
the State Government may, by notification in the Official
Gazette, specify.
(4) The Authority may, with the approval of the State
Government, establish offices at such other places within
or outside the State as the Authority thinks fit.
7. (1) The Authority shall consist of Chairperson and not more than
fourteen other members as follows, namely:--
(a) the Chief Minister of the State, ex-officio , who
shall be the Chairperson;
(b) two Ministers nominated by the Chief Minister
by virtue of their office from amongst the
Council of Ministers of the State;
(c) the Chief Secretary of the State, ex-officio ;
(d) the Secretary to Government of Gujarat,
Revenue Department, ex-officio;
(e) the Chief Executive Officer of the Authority,
ex-officio;
(f) the State Relief Commissioner, ex-officio ;
(g) the Director General of Police of the State,
ex-officio;
(h) such other officers of the State Government as
may be appointed by the State Government by
virtue of their office:
Constitution
of Authority
xi
Provided that when a proclamation made under
article 356 of the Constitution is in force in the State, the
Central Government may appoint three persons, in place
of the Chief Minister and other two Ministers, to be the
Chairperson and members of the Authority and the
persons so appointed shall vacate their office upon the
revocation or cesser of operation of such proclamation.
(2) The members of the Authority shall hold office during the
pleasure of the State Government and shall receive such
remuneration as may be prescribed.
8. (1) The Aut hority shall meet at such times and places and
shall, subject to the provisions of sub -section (2), observe
such rules of procedure in regard to the transaction of its
business at its meetings (including quorum at such meetings)
as may be provided by the regulations.
(2) Every meeting shall be presided over by the Chairperson, if he is
present at the time appointed for holding the same and, if the
Chairperson is absent, by the senior Minister or in his absence, by
the other Minister and, i n absence of both the Ministers, by such
one of the members present as may be chosen by the meeting to be
the Chairperson for the occasion.
(3) All the questions at a meeting of the Authority shall be decided by a
majority of votes of the members present and voting and, in the
event of an equality of votes, the Chairperson shall have and
exercise a second or casting vote.
(4) (a) Every member, who is, in any way whether directly or indirectly,
concerned or interested in a contract or arrangement or propo sed
contract or arrangement, entered into or proposed to be entered into,
by or on behalf of the Authority, shall disclose the nature of his
concern or interest before or at a meeting of the Authority.
Meetings of
Authority.
xii
(b) No member shall take any part in discussion, or vote on,
any contract or arrangement entered into or to be entered
into by or on behalf of the Authority if he is in any way,
whether directly or indirectly, concerned or interested in
the contract or arrangement:
Provided that a member shall not be deemed t o be concerned or
interested as aforesaid by reason of his being a shareholder
holding directly and indirectly in the aggregate less than two per
cent. of the paid-up equity share capital of a company concerned
or interested in any such contract or arrangement .
9. No act or proceeding of the Authority shall be invalid merely by
reason of—
(a) any vacancy therein or any defect in the constitution
thereof, or
(b) any irregularity in its procedure not affecting the
merit of the case.
10. (1) The State Go vernment shall appoint an officer not below the rank of
Secretary to Government to be the Chief Executive Officer of the
Authority who shall perform such functions as are prescribed by
regulations.
(2) The Authority may appoint such other officers an d employees
subordinate to the Chief Executive Officer as it considers necessary
for the efficient performance of its functions.
(3) The Chief Executive Officer appointed under sub -sections (1) shall
be entitled to receive such salary and allowances and shall be
governed by such conditions of service as may be prescribed.
Officers and
employees
of
Authority.
Proceedings
presumed to
be good and
valid.
xiii
(4) The officers and employees appointed under sub -section (2) shall be
entitled to receive such salaries and allowances and shall be
governed by such terms and conditions of service as determined by
the regulations.
(5) The officers and employees of the Authority shall perform such
functions as may be imposed upon them by a general or special
order in writing issued by the Chief Executive Officer.
11. (1) The State Government may appoint for the whole State an officer not
below the rank of Secretary to Government, to be the State Relief Commissioner.
(2) The Commissioner shall perform such functions related to disaster
management as are imposed on him by or under this Act.
(2) The Commissioner shall be entitled to receive such salary and
allowances and shall be governed by such conditions of service
as may be prescribed.
CHAPTER VI
FUNCTIONS OF AUTHORITY
12. (1) Subject to the provisions of this Act, the Authority shall be primarily
responsible for promoting an integrated and coordinated system of disaster
management including prevention or mitigation of disaster by the State, local
authorities, stake holders and communities.
(2) The Authority shall-
(a) act as the central planning, coordinating and monitoring body for
disaster management and post -disaster reconstruction, rehabilitation,
evaluation, and assessment;
State Relief
Commissioner .
Certain functions
of Authority.
xiv
(b) assist the State Government in formulation of policy relating to
emergency relief notwithstanding that the implementation of
emergency relief shall be the responsibility of the Revenue
Department and other departments of the Government;
(c) inform the State Government and departments of Government on
progress and problems in disaster management;
(d) promote general education and awareness on disaster management,
emergency planning and response;
(e) and matters incidental thereto.
(3) The State Government, the Collector, concerned officers of the State
Government and the local authorities in the State shall give such assistan ce and
support to the Authority in performing its functions as may be required by the
Authority.
13. (1) The Authority shall take reasonable steps to collect or cause to be
collected data on all aspects of disasters and disaster management and analyz e
such data; and cause and conduct research and study relating to the potential
effects of events that may result in disasters.
(2) The Authority may, by notice in writing, require any person to provide
such information as may be useful for the pu rpose of sub -section (1) to the
Authority within such period as may be specified in the notice.
(3) The Authority shall ensure that any information furnished by a person
under sub-section (2) shall not be divulged except for the purpose of performing
its functions under this Act.
14. The Authority shall act as a repository of information concerning disasters
and disaster management, and shall—
(a) establish an institute;
(b) ensure the establishment of communication links and setting up
of emergency communication and early warning systems in the
State;
Repository of
information.
Data
Collection.
xv
(c) maintain databases of information required for the disaster
management operations;
(d) ensure establishment of communication links with dis aster
management agencies in India and other countries, including
institutions performing functions similar to those of the
Authority;
(e) to exchange information, and to have access to international
expertise on disaster management.
15. (1) The Authority shall develop or cause to be developed guidelines for
the preparation of disaster management plans and strategies and keep
them up-date and shall assist such departments of Government, local
authorities and person, as may be specified by the Authority in
preparation of plans and strategies and coordinate them.
(2) The plan preparing authority while preparing the plan under sub -
section (1) shall make suitable provisions in the plan after considering
the following, namely:--
(a) the types of disaster that may occur and their possible effects;
(b) the communities and property at risk;
(c) provision for appropriate prevention and mitigation strategies;
(d) inability to deal with disasters and promote capacity-building;
(e) the integration of strategies for prevention of disaster and
mitigation of its effects with development plans, programmes
and such other activities in the State;
(f) provision for assessment of the nature and magnitude of the
effects of a disaster;
(g) contingency plans including plans for relief, rehabilitation and
reconstruction in the event of a disaster, providing for,-
(i) allocation of responsibilities to the various stakeholders and
co- ordination in carrying out their responsibilities;
(ii) procurement of essent ial goods and providing essential
services;
Disaster
management
plans.
xvi
(iii) establishment of strategic communication links;
(iv) dissemination of information; and
(v) other matters as may be provided for in the regulations;
(h) any other matter required by the Authority.
(3) The Authority shall prepare, or cause to be prepared, and maintain a
master plan for the State.
16. (1) The Authority shall promote or cause to be promoted awareness
and preparedness and advise and train the community, and stakeholders with a
view to increasing capacity of the community and stakeholders to deal with
potential disasters by -
(a) publishing guidelines and recommendations in this
behalf;
(b) facilitating access to its electronic database;
(c) promoting disaster management capacity building and
training programs amongst communities and other
stakeholders;
(d) assisting in the development of methodologies for
reduction of vulnerability of disasters;
(e) coordinating the integration of methodologies for
awareness and prepar edness with development plans,
programmes and such other activities; and
(f) acting in any other manner as it deems fit in this behalf.
(2) The Authority shall formulate such policy relating to mechanisms for risk
transfer including insurance for di saster preparedness as it deems
necessary and implement the same or cause to be implemented.
17. (1) The Authority may recommend the appropriate authority to take into
consideration the matters to be specified by the authority for mitigation
of a disaster while preparing new plans.
Recommendations
to be made to
appropriate
authority.
Awareness
and
preparedness
xvii
(2) The Authority may inspect existing development plans made by the
appropriate authority and may recommend the appropriate authority to
vary the plan after considering matters for mitigation of disaster
specified by the authority.
(3) The Authority may inspect the quality of construction of any building or
structure in any local area in the State and where the Authority is of the
opinion that the quality of construction of such building or structure is
such t hat it may result in loss of life or damage to any property if a
disaster occurs, it may recommend the local authority to take such
action as may be necessary under the relevant local authority law to
avoid such a consequence.
18. (1) The Authorit y shall assist the State Government in formulating
policies relating to relief activities.
(2) Where the Authority is of the opinion that the relief provided by the
Commissioner or the Collector is not adequate, the Authority shall recommend
the Government to modify the norms followed by the Commissioner or the
Collector and, where necessary, recommend other relief measures.
19. On the expiry of a disaster declaration, the Authority shall, where
necessary, act as an agency for facilitating and coordinating rehabilitation and
reconstruction activities by departments of the Government.
CHAPTER VII
POWERS AND FUNCTIONS OF CHIE F EXECUTIVE OFFICER
20. (1) The Chief Executive Officer shall exercise and perform the following
powers and functions, namely:--
(a) co-ordinate and monitor activities relating to prevention and
mitigation of disasters, including capacity building;
Relief.
Powers
and
functions
of the
Chief
Executive
Officer
Rehabili tation
and
reconstruction
xviii
(b) co-ordinate and monitor rehabilitation and reconstruction
activities;
(c) monitor the progress of the preparation and updating of disaster
management plans and co -ordinate the implementation of such
plans;
(d) prepare and submit periodically a report to the Authority on the
activities undertaken by the Authority;
(e) delegate his powers and functions to officers and employees of
the Authority;
(f) to exercise such powers and perform such functions as may be
delegated by the Authority;
(g) to exercise such other powers and perform such other functions
as may be specified by the regulations.
CHAPTER VIII
POWERS AND FUNCTIONS OF STATE RELIEF COMMISSIONER
21. (1) During the period an area is an affected area, the Commissioner may
issue directions to the Collector and the local authority having jurisdiction over
the affected area to provide emergency relief in accordance with disaster
management plans.
(2) For the purpose of –
(a) assisting and protecting the community;
(b) providing relief to the community;
(c) preventing or combating disruption; or
(d) dealing with the destructive and other effects of the disaster,
the Commissioner may-
(i) make arrangements for release and use of available resources;
Emergency
Relief.
xix
(ii) control and restrict vehicular traffic to, and from and within the affected
area ;
(iii) control and restrict the entry of any person into, movement within and
departure from an affected area ;
(iv) remove debris;
(v) conduct search and rescue operations;
(vi) make arrangements for the disposal of the unclaimed dead body;
(vii) provide alternative shelter;
(viii) provide food, medicines and other essentials;
(ix) require experts and consultants in the fields relevant to the disaster to
provide relief under his direction and supervision;
(x) procure exclusive or preferential use of amenities as and when required;
(xi) to take possession and make use of any property, vehi cles, equipment,
buildings and means of communication on such terms and conditions as
may be prescribed;
(xii) construct temporary bridges or other necessary structures;
(xiii) demolish unsafe structures which may endanger the public;
(xiv)) ensure that non -governmental organisations carry out their activities in
an equitable manner;
(xv) disseminate information to the public to deal with the disaster;
xx
(xvi) evacuate any population from any affected area for the purpose of
preservation of life and for such evacuation use such force as may be
necessary; and
(xvii) authorise any person, to make any entry into any place, to open or cause
to be opened, any door, gate or other barrier, if he considers such an
action is necessary for preservation of life and property, if the owner or
occupier is absent, or being present, ref uses to open such door, gate or
barrier.
(3) The Commissioner may issue such directions to any person or
Government agency and take such other steps as may be
necessary to curtail the escalation of the disaster or to alleviate,
contain or minimise the effects of disaster.
(4) The Commissioner shall keep the Authority informed of the
actions taken by him generally for providing relief and
particularly under sub-sections (1) to (3).
22. (1) The Commissioner shall-
(a) provide inputs to the Authority relating to various aspects of disaster
management, such as early warnings and status of preparedness;
(b) develop an appropriate relief implementation strategy for the State in
consultation with the Authority , taking into account the unique
circumstances of each district and deficiency in institutional capacity
and resources of the State;
(c) prepare, review and update a State level emergency plans and
guidelines and ensure that the district level plans are prepared,
revised and updated;
(d) reassess from time to time contingency plans related to disaster
management;
(e) ensure that disaster management drills are carried out periodically;
and
Other
functions
of
Commissioner.
xxi
(f) ensure that communications systems are in order, and contingency
plans provide for maximum involvement of local agencies;
(g) exercise such powers and perform such functions as may be
delegated by the Authority;
(h) exercise such other powers and perform such other functions as may
be specified by the regulations.
CHAPTER IX
POWERS AND FUNCTIONS OF COLLECTOR
23. (1) During the period an area is an affected area the Collector may issue
directions to the officers of the departments of the Government and the local
authority in the affected area, to provide emergency relief in accordance with
the disaster management plans.
(2) The Collector may-
(i) make arrangements for release and use of available resources;
(ii) control and restrict traffic to, from and within the area affected by a
disaster;
(iii) control and restrict the entry into, mo vement within and departure
from any disaster area or part of it ;
(iv) remove debris;
(v) conduct search and rescue operations;
(vi) make arrangem ents for the disposal of the unclaimed dead, by
appropriate means;
(vii) provide alternative shelter;
Powers and
functions of
Collector.
xxii
(viii) provide food, medicines and other essentials;
(ix) require experts and consultants in the matters relevant to the disaster
to provide relief under his direction and supervision;
(x) to take possession and make use of any property, vehicles,
equipment, buildings and means o f communication on such terms
and conditions as may be prescribed.
(xi) procure exclusive or preferential use of amenities as and when
required;
(xii) construct temporary bridges or other structures;
(xiii) demolish unsafe structures which may endanger the public;
(xiv) co-ordinate with non -governmental organizations and ensure that
such entities carry out their activities in an equitable manner;
(xv) disseminate information to the public to deal with the disaster;
(xvi) direct and compel ev acuation, of all or part of the population from
any affected area for the purpose of preservation of life and for such
evacuation, and for such evacuation use such force as may be
necessary;
(xvii) authorise any person, to make any entry into any place , to open or
cause to be opened, any door, gate or other barrier, if he considers such
an action is necessary for preservation of life and property, if the owner
or occupier is absent, or being present, refuses to open such door, gate or
barrier.
(3) The Collector may exercise the powers contained in sub -section (2) to the
extent only that it is necessary for the purpose of-
xxiii
(a) assisting and protecting the community;
(b) providing relief to the community;
(c) preventing or combating disruption; or
(d) dealing with the destructive and other effects of the disaster.
(4) The Collector may issue such directions to any person or Government
agency and take such other steps, as may be necessary to curtail the
escalation of the disaster or to alleviate, contain or minimise the effects
of disaster.
24. (1) Collector shall,-
(a) ensure that actions for prevention of a disaster or mitigation of its
effects or preparedness to cope up with such effects are carried out in
accordance with guidelines as may be prescribed;
(b) provide inputs to Authority relating to various aspects of disaster
management, such as early warnings and status of preparedness;
(c) ensure that officials in the district acquire the knowledge to deal
with disaster management ;
(d) ensure that district disaster management plans are prepared, revised
and updated;
(e) facilitate and , co -ordinate with, local Government bodies to ensure
that pre-disaster and disaster management activities in the district are
carried out ;
(f) facilitate community training, awar eness programmes and the
installation of emergency facilities with the support of local
administration, non-Government organisations , and the private
sector;
(g) establish inter-department co-ordination on matters related to disaster
management;
(h) review emergency plans, contingency plans and guidelines;
Other powers
and functions.
xxiv
(i) ensure that local authorities in the district are involved in developing
their own mitigation strategies;
(j) ensure linkage between disaster management activities and
planning;
(k) ensure that communications systems are in order;
(l) ensure that fire fighting equipment and other equipments related to
disaster management are so maintained as to be ready for use;
(m) co-ordinate the activities of reconstruction and rehabilitation in the
district ;
(n) ensure that disaster management drills are carried out periodically;
(o) assist the Authority in monitoring the progress and outcome of
efforts for reconstruction and rehabilitation ;
(p) exercise such powers and perform such functions as may be
delegated by the State Government, the Auth ority and the
Commissioner;
(q) exercise such other powers and perform such other functions as may
be prescribed.
CHAPTER X
FUNCTIONS OF LOCAL AUTHORITIES
25. (1) For the purpose of disaster management, local authority shall, subject to
such directions a s the Authority may give and under the supervision of the
Collector-
(a) assist the Authority, the Commissioner and the Collector;
(b) ensure that the staff of the local authority is trained;
(c) ensure that all resources related to disaster management are so
maintained as to be ready for use ;
(d) ensure that all buildings and other structures in the local area comply
with the specifications laid down in this behalf by the . departments
of Government and the Authority;
(e) carry out relief operations in the affected area subject to directions of
the Commissioner ;
Functions of local
authority.
xxv
(f) carry out reconstruction and rehabilitation activities in accordance
with the guidelines framed by the Authority;
(g) prepare a disaster management plan setting out the following,
namely:-
(i) the manner in which , the concept and principles of disaster
management are to be applied in local area;
(ii) role and responsibilities of the local authority in the terms of
the disaster management plan of the State;
(iii) capacity of the local authority to ful fill its role and
responsibilities;
(iv) particulars of disaster management strategies; and
(v) contingency strategies and emergency procedures in the
event of a disaster, including measures to finance the
strategies;
(h) co-ordinate the preparation and the implementation of plan with
those of the organisations of the State and stakeholders;
(i) regularly review and update the plan;
(j) conduct disaster management drills periodically; and
(k) provide such assistance to the Authority, the Commissioner and
the Collector and take such other steps as may be necessary for
disaster management.
(2) Each local authority shall submit to the Authority and the Commissioner a
copy of its disaster management plan proposed under sub -section (1) and any
amendment thereto.
26. (1) Each department of the Government in a district shall prepare a disaster
management plan for the district and the Collector shall ensure that such plans
are integrated into the disaster management plan for the whole of the district.
Disaster
management plans
for districts.
xxvi
(2) The department of Government while preparing a plan under sub-section (1)-
-
(a) anticipate the types of disaster that may occur in the district and their
possible effects;
(b) identify the communities and property at risk;
(c) provide for appropriate prevention and mitigation strategies;
(d) identify the inability to deal with possible disasters and promote
capacity building;
(e) facilitate maximum emergency preparedness; and
(f) keep contingency plans and prescribed emergency procedures in the
event of a disaster, providing for,-
(i) allocation of responsibilities to the various stakeholders and
co-ordination in the carrying out of their responsibilities;
(ii) prompt disaster response and relief;
(iii) procurement of essential goods and the provi ding of
essential services;
(iv) establishment of strategic communication links;
(v) the dissemination of information; and
(vi) such other matters as may be provided for in the regulations
and any other matters required by the Collector.
(3) A department of the Government shall subject to the supervision of the
Collector--
(a) prepare a disaster management plan setting out the following,
namely:--
(i) the manner in which , the concept and principles of disaster
management are to be applied in the district;
(ii) role and responsibilities of the department of Government in
terms of the disaster management plan of the State;
(iii) role and responsibilities of the department of Government
regarding emergency relief and post disaster recovery and
rehabilitation;
xxvii
(iv) capacity of the department of Government to fulfill its roles
and responsibilities;
(v) particulars of disaster management strategies; and
(vi) contingency strategies and emergency procedures in the
event of a disaster, including measures to finance the strategies;
(b) co-ordinate the preparation the implementation of its plan with those
of other organisations of the S tate, communities and other
stakeholders;
(c) regularly review and update the plan; and
(d) submit a copy of its disaster mana gement plan, and of any
amendment thereto to the Collector.
(4) The Collector shall submit a copy of the district disaster management plan,
and of any amendment thereto to the Authority and the Commissioner.
(5) Each department of the Government shall be responsible for effective
implementation of the plans drawn up in this behalf.
CHAPTER XI
DUTIES OF POLICE FORCE, GRAM RAKSHAK DAL, HOME
GUARDS, CIVIL DEFENCE AND FIRE SERVICES
27. (1) Where an area is declared under clause (a) of sub-section (2) of
section 32 as an affected area, the members of—
(a) police force,
(b) gram rakshak dal,
(c) home guards,
(d) civil defence, and
(e) fire services
Duties of Police
Force, Gram
Rakshak dal,
Home Guards,
etc.
xxviii
shall perform the following functions under the supervision of the
Commissioner and the Collector, namely:--
(i) giving of warning;
(ii) carrying out search and rescue operations; and
(iii) carrying relief and rehabilitation operations.
(2) If a disaster occurs in any area, the senior most officer from amongst
the members of organisations specified in clauses (a) to (e) and of a local
authority and department of the Government in such area shall report to
the Collector and carry out any instructions which the Collector may
issue for providing emergency relief.
(3) The department of the Government in the State shall generally carry out the
functions specified in its disaster management plan as directed b y the Collector
and in particular--
(a) ensure that the communication system is in order , which shall
be made available, free of charge, f or being used for
transmission and receipt of messages in connection with a
disaster;
(b) identify the personnel and provide adequate training for the
purposes of disaster management so that the services of such
personnel are readily available;
(c) conduct disaster management drills periodically and ;
(d) provide such assistance to the Authority, the Commissioner and
the Collector and take such other steps as may be necessary for
disaster management.
CHAPTER XII
xxix
DUTIES OF COMMUNITIES , PRIVATE SECTOR ENTERPRISES AND
OTHER AGENCIES OR PERSONS
28.Each community group and each youth organization such as the National
Cadet Corps, National Service Scheme, Nehru Youth Kendra may--
(a) assist the State Government, the Authority, the Commissioner and
the Collector in all disaster management activities;
(b) participate in capacity building, vulnerability reduction programmes
and training activities;
(c) assist in relief operations under the supervision of the
Commissioner and the Collector;
(d) assist in conducting detailed damage assessment and in carrying out
reconstruction and rehabilitation activities in accordance with the
guidelines framed by the Authority;
(e) provide such assistance to the Authority, the Commissioner and the
Collector and take such other steps as may be necessary for disaster
management.
29. (1) Each factory as defined under the Factories Act 1948, shall--
(a) assist the State Government, the Commissioner and the Collector in
all disaster management activities;
(b) ensure that their staff are adequately trained;
(c) ensure that all necessary resources are in a ready-to-use state;
(d) ensure that its buildings and other structures are in Excerpt shown. Open the full act in Lexace.