Rajasthan act 53 of 2005 : The DM Act, 2005

Date: 25 Dec 2005

Department

Department of Disaster Management, Relief and Civil Defense Department

Enforcement Date

5 Jun 11

PDF

rg&Se yer. 1200305 REGISTEREDNO.DL—(N)04/0007/2003—05

The CoxeteofFFadia. “EXTRAORDINARY

am 1—- OS PART II—Section 1

Safer@wera |.

PUBLISHED BY AUTHORITY |.

wees] at feeeh, ivan, fearat 26, 2005 / thy 5, 1927 No.64] - _NEWDELHI, MONDAY,DECEMBER 26, 2005 / PAUSA, 1927

waart 4ftysdeaaand &fredfe ae stem eet&ea awe wT WE Separate paging is given to this Part in order that it may be filed asa separate compilation.

MINISTRYOFLAWAND JUSTICE (Legislative Department)

| NewDelhi,the 26thDecember, 2005/Pausa 5,1927 (Saka)

The following Act ofParliament:received the assent of the Presidenton. the 23rd December, 2005 andishereby published forgeneral information:—

THE DISASTER. MANAGEMENT ACT,2005 . ose" No, 33 OF 2005: ae oe oo

[23rd December, 2005.)

An Act to provideforthe effectivemanagementofdisastersand for matters . connected therewith or incidental thereto..

' ‘Brit enacted byParliamentiintheFifty-sixthYearoftheRepublicofIndiaas follows:—

_ CHAPTER I.

~ PRELIMINARY. .

4. (2) This Act.maybe called the Disaster Management Act, 22005. Short title

@Itextends to the whole ofIndia, ; So commence-

(3) It shall.come intoforce on such dateas the ¢Central Government may, by notifi- "gation in the Official Gazette appoint; anddifferent dates may beappointed ‘for different

provisions ofthis Act and fordifferent States,and anyreference to commencement in any provision ofthis Actin relation to any State:shall be construed as a reference tothe «com- mencement ofthat provision inthat State.

MR5“ .. 12003-45 ,,REaIstEn'No.ob—§(N)wooomooe—os eh; Gazette of garlic: EXTRAORDINARY mu.— m1 PARTn—Secﬁoni ‘ -mewm .» . PUBLISHED BY AUTHORITY , , noes] I ﬁﬁﬁﬂﬁwnﬁmzs,zooslms,1927 No. 64] - manMONDAT,nncnmmze,msmu3As, 1927 re mﬁﬁﬁwm-dmﬁtﬁnﬁﬁimmmewﬁmmﬁl Separate paging is given to this Part in order that it may he filed as a separate compilation. MINISTRY OF LAWANDJUSTICE _ (Legislative Department) New Delhi. the 26th December 200 5/Pausa 5,1927(Saka) The following Act of Parliament received the assent of the President on . the 23rd Deeemher, 2005 andis hereby published for general infomiation: .--: THE DISASTER MANAGEMENT ACT,- 2005 . ' I No. 53 or 2005 > ‘ - . ' " [23rd December 2005.] An Act to provide for the effective menagement of disasters and for matters - connected therewith or incidental thereto 133' It enaeted by Pariiamem‘ in the Fiﬁy-sbnh Year om: Repuhlic of Indians foiloWs: —— CHARPER I“ PRELIMINARY , . . Ml) This Act may- he called the Disaster Management Act, 2005. 2:33:13 .(_2) It extends to the mic of India. ’ . . ' ‘ Saginaw- I (3) It shall- come into force on such date as the Central Government may, by notiﬁ- ' ‘ cation in the Ofﬁcial Gazette appoint; and diﬁ'erent dates may be appointed for different provisions ofthis Act and for diﬁ‘erent States, mid any reference to commencement in any provision of this Act“ In relation to any State shall be construed as a reference to the com- meneement ofthat provision in that State.

2 THE GAZETTE OF INDIA EXTRAORDINARY — [Parri—

' Definitions, 2. In this Act, unless the context otherwise requires, . - (a) “alfectedarea”means an area or part ofthe country affectedted by a disaster;.

(8) “capacity-building”includes () identification ofexisting resources and resources to be acquired or

. created; : a .

(#)acquiringor creating resources identified undersub-clause(); (ii ofganisation and training of personnel and coordination ofauch training

foreffective management ofdisasters;

(©) "Central Government”meanstheMinistry or Departmennené oftheGovernment ofIndia having administrative controlof disaster management, .

(d) "disaster" means a catastrophe, mishap, calamity or grave occurrence in any area, arising from natural or man made causes, or by accident or'negligence which results in substantial loss oflife or human suffering or damage to, and destruction of, property, or damage to, or degradation of, environment, and is of such a nature or

_ Magnitude as to be beyond the coping capacityofthe community ofthe affected area;

(€) “disaster management" means a continuous and integrated process of planning, organising, coordinatingandimplementing measures which are necessary - orexpedientfor— po mo,

() prevention ofdangerorthreat ofany disaster; ~~ -

(i) mitigation or reduction of‘tisk of any disaster or its ‘severity or " consequences;

(iii) capacity-building; (iv) preparedness to deal with any disaster; | (v) prompt response to any threatening disaster situation or disaster; _

(vi) assessing the severity.or magnitude of effects of any disaster;

_ (vit) evacuation, rescue and relief: |

_ (Vill) rehabilitation and reconstruction; © ) "District Authority" ‘means the District Disaster Management Authority

constituted under sub-section (/) of section 25; a

(g) ‘District Plan” means the plan fordisaster managementfor the district prepared under section31;

_ .... 1) “local authority”includes panchayati raj institutions, municipalities, a district _ board, cantonmentboard, town planning authority or ZilaParishad or any other body-

or authority, by whatevername called, forthetimebeing investedby law, for rendering essential services or, with the control and management of civic services, within a~ specifiedlocalarea; aio TE ee

____(#) "mitigation" means measures aimed at reducing the risk, impact or effects of 2 disaster or threatening disaster situation;

(/) “National Authority”gpeans the National Disaster Management Authority5 established under sub-section (7) of section 3; be oe

- (Kk) "Natiorial Executive Committee" means the Executive Committee of the Nationa! Authority constituted under sub-section (1) ofsection8;

Oo () “National Pian” means the planfor disaster managementfor the whole ofthe country preparedundersection 11; ye Be,

2 THE GAZETTE OF INDIA EX'IRAORDINARY ' .[PAR'I' Ii—— ' Definitions. 2. In this Act, unless the context otherwise requires;— V . V . (5) cm area“means an area or part of the country ‘aﬂ’ected' _ by aidisasteﬁi (b) "capacity‘buiiding" includes-5;; ' p ’ (i) identiﬁcation of existing resources and resources to be acquired or created; .‘ , , 3-(lt)"«cguirics orctcctins Mom idem!“ W WW“) (I, orgmwationandtrainhigofpersomeiandcoordmationofsuchumnmg tbr effective management of disasters; , i (a) "Central ,_,. Covemm , ent" means theMlnistIyorDeparunen t of the Gouernment of india having sdxhihistrative controlofdisastcr management; ' (d) "disaster" means a Who, mishap, calamity or grave occurrence in any area, arising from natural or man made causes, or by accident «negligence which results in substantial loss of life or human suffering or damage to, and destruction of, property, or damage to, or degradation of, environment, and is of such a namre or ' magnitude as to be beyond the coping capacity of the community of the affected area; (e) "disaster management" means a continuous and integrated process of planning, organising, coordinating and'irnpiementing measures which are necessary orexpedient'for— '3 ’ » _v 5- - a , - . . (i) prevention of danger or threat otvanyfdisaster'; "‘ If LI "I ,_ (inimitigation or reduction of us]: of any disaster or its severity or ‘ consequences; - , (ii1)-capacity?huilding; ' ' (iv) preparedness to' deal with any disaster; . (v) prompt response to any threatening disaster situation or disaster; . (vi) assessing the severity. or magnitude of effects of any disaster; , (vii) evacuation,rescue and relief; ‘ Z i - (in) rehabilitation and reconstruction; ' ' ‘ 00 "District Authority" means the District Disaster Management Authority constiﬁited under sub-section (1) of section- 25; 3 . _ ‘ y , . (3)“msuicxrnn"meansnepign_rordism Wtfortite district prepared “"4" WW3}; p ' - ' v V f. , (’1) “local inﬁrmity: includes panchayati raj instimtiolts, municipalities, a district _ board, Centennient'board, town planning" authority or Zila'Ps‘rishad or any other body - or authOrity, by Whatever narhe called, for'tiie time being invested bylaw, for rendering essential sen/ices or, with the control and management of civic services, within a 'speciﬁedlocaiareu .. ,, .' ,, . . , n. _. ' (i) ”mitigation" means measures aimed at reducing the risk, impact or effects of a disaster or threatening disaster situation;- (i) "Netional'Auﬂrorhy”&neans the National Disaster Management Authority , , 1 established under sub-section (1) of section 3; 9 .V . . _ g. .. ? . (II) “National Executive Committee" means the Executive Committee of the National Anthétity 90mm under sub~section (I) or section 8;, : _. r . H p - _ ' (I) “National Plan” means the plan for-distract management for the whole of the comm-ypreparedunde‘rsectiontl; ' . ' -* ' ~ _ .

Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY . 3

(m) "preparedness" means the state of readiness to dealwith a threaterting disaster situation or disaster and theeffects thereof;

(n) "prescribed" meansprescribedbyrules made underthis Act;

‘disaster;

{p) resources" includes manpower, services, materials andprovisions;

(q) “State Authority" means the State Disaster Management Authority established undét.sub-section (7) ofsection 14and includes theDisasterManagement Authority for the Unionterritory constituted under thatsection; es

(7) "State Executive Committee” means the ExecutiveCommiteeof a State Authority constituted under sub-section (/) ofsection 20;| :

(s) “StateGovernment” means the DepartmentofGovernmentofthe Statehaving administrative control ofdisastermanagementand includesAdministrator of theUnion territory appointed by the Presidentunder article 239.oftheConstitution;- or

( “State Plan” means the planfordisastermanagement for the whole ofthe State prepared undersection3

CHAPTERTI | Tue Nanna Disaster MANAGEMENTAUTHORITY

3.ra)Witheffect from such date asthe Central Government may, by notificationin the Official Gazette appointin this behalf, there’shall beestablished for the purposes ofthisAct,- 80 authority to be known as the National Disaster ManagementAuthority.

(2) The National Authority shall consist ofthe Chairpersonand suchnumber of.other members, not exceeding nine, as may be prescribed by the Central Government and, unless the rules otherwise provide, the National Authority shall consist ofthe following:

(a) the Prime Minister of India, who shall be the Chairperson of the Nationol. Authority,ex officio;

_ (dy other members, not exceeding nine, to be nominatedd bytthe Chairperson of theNational Authority. 2 .

(3) TheChairperson of the National Authoritymay designate one of the members nominated under clause (4) ofsub-section (2) to be the Vice-Chairpersonofthe National Authority. ;

{o) “reconstruction” means construction or restoration of any property after a

Establishment _Of National . Disaster Management” Authority.

(4) The term ofoffice and conditions ofservice ofmembers ofthe NationalAuthority : | ‘Shall be such as may be prescribed.

4. (1) The National Authority shallmeet as and when necessary and atsuchtime and ; place asthe Chairperson ofthe National Authority may think fit.

National Authority,

"Meetings of ':. National

. . Authority. (2) The Chairperson oftheNational AuthorityshallPreside overr the meetingsofthe -

(3) Ifforany reason theChairperson oftheNational Authority iis unableto attend any meeting of the National Authority, the Vice-Chairpersonofthe National Authority shall preside over the meeting.

_5. The Central Governmentshallprovide the NationalAuthority with suchofficers, consultants and employees,as it considers necessary for carrying out the functions of the NationalAuthority.

' Appointment of officers and other employees of the National

- Authority.

Sec. 1} THE GAZETTE OF INDIA EXTRAORDINARY . 3 (in) ”preparedness“ nteans the state of readiness to deal with a threatening disaster situation or disaster and the eﬁ‘ects thereof; ' (n) ”prescribed" means prescribed by rules made -under thisAct; disaster; (p) "resources" includes manpower, services, materials and provisions; (9') I‘Stttte Authority" means the State Disaster Management Authority established under sub-section (1) of seencm l4 and includes the DisasterManegernent Authority for the Union unitary eonstimw’d under that section; "' - (r) “State Executive Committee“ means the Executive Committee of a State Authority constituted under sub-motion (I) of section 20; - (s) “State Government” mans the Department of Government ofthe State having administrative control ofdisaste'r managementnnd includes Adrninistratorot’the Union territory appointed by the President under article 239 of the constimtiong- ' - » (1) “State Plan” means the plan for disaiter management for the whole of the State prepared under section. 23. V. . _ _ m1: , . Tue NArIoNAI. DISASTER MANAGWTAW -' 3. (I) With eﬂ’eet from such date as the Central Government may, by notiﬁcation" In the Ofﬁcial Gautte appoint tn this behalf, there shall be established for the purposes of this Act, e an authority to be known as the National Disaster Management Authority. (2) The National Aetherity shall consist of the Chairperson and such number of other members. not exceeding nine, as may be prescribed by the Central Government and unless the rules otherwise provide, the National Authority shall consist of the following. —- (a) the Prime Minister of India; who shall be the Chairperson of the Naﬂaunl Authority, or aﬂicia; . (6) other members, not exceeding nine, to be nominated by the Chairperson of the National Authority. ,, . , (3) The Chairperson of the National Authority may designate one of the rnernbers nominated under clause (1:) of subsection (2') to be the Vice-Chairperson of the Notices! Authority. ‘ ' , . (a) "reconse'uction" nleans construction or restoration of any property utter a - Establishment of National , Disaster Management " Authority» (4) The term of ofﬁce and conditions of service of members of the National Authority ; I ' shall be such as may be prescribed. _.4 (I) The National Authority shall meet as and when necessary and at such time and . place as the Chairperson of the National Authority may think ﬁt. National Authority. T'hieetings of ‘ ' National . . Authority. (2) The Chairperson of the National Authority shall preside over the nleetlngs of the - (3) If for any reason the Chairperson of the National Audiority is unable to attend any meeting of the National Authority, the Vice-Chairperson ofthe National Authority shall preside over the meeting. 5. The Central Government shall provide the National Authority with such ofﬁcer's, consultants and employees, as it considers necessary for carrying out the ﬁmétions of the National Authority. ‘ Appointment of ofﬁcers and other ‘ , , employees of the National ' Authority.

4. |. THE GAZETTE OFINDIA. EXTRAORDINARY _ [Parr HI

6, 0) y Subject to the provisions of this Act, theNational Authority shail have the responsibility for layingdown the policies,plans and guidelinesfor disaster’managementfor ensuring timely and effective response todisaster.

-(2) Without prejudice to generality ofthe provisions containedin sub-section (4), the Natiorial Authority may—

(a) lay down:policies:on disaster management;

(6)‘approve theNationalPlan; ,

©approveplanspreparedbythe Ministriesor Departmentsof theGovernment ofIndia iinaccordance withtheNationalPlan.

(d) lay down guidelinestobefollowed by theState Authorities iinGrawing “Pthe

StatePlan; aos a ee

(ory vi ile wo inbyt tes MidDei” oftheGovernmentOfIndiaforthe purposeofintegratingthemeasures forprevention Of disaster or the mitigation of its effects in their developmentplans and projects;

_ @f) coordinate ‘the enforcementand implementation of the policy andplanfar - disaster management;” a

(g} recommend provision offundsfor the purpose of:mitigation;

oe _ (é) provide.such supportto othercountriesaffected by major disastersas may be determined bythe Central Goverament; ;

(0) take such othermeasures forthe prevention ofdisaster,or themitigation, or preparednessandcapacity building for dealingwiththethreateningdisaster shuation, “

"or disasteras itmay consider necessary; Lo:

' ( lay down broadpoliciesandguidelines for thefunctioning of the National Institute ofDisasterManagement.

(3 TheChairperson ofthe National Authorityshall, jin the case ofemergency, have _ power to exercise all or any ofthe powers ofthe National Authority. but exercise ofsuch

powers shall be subjectto expostfactoratification bythe NationalAuthority.

w(D ‘The National Authoritymay constitute an advisory committee consisting of experts inthefieldofdisastermanagementandhavingpractical experienceofdisaster managementat the national, Stateordistrict levelto make.recommendationsondifferent _mapects ofdisaster management.

@ The menbers of the advisorycomaitoe sal be paid sch alldvances may be | prescribedby the Central Governmentinconsultationwith the NationalAuthority.

8 () The CentralGovernment shall,immodietely afterissue ofnotification under sub-section (/)ofsection 3, constitute a National Executive Commiti¢e toassist the NationalAuthority in theperformance«ofitsfunctions under this Act, Te os

(2)The National Executive Committee shall consistofthe followingmembers, namiely:— a

(a) the Secretary ‘to the Government of Indiain charge ofthe Ministry or Department ofthe Central Governmenthaving administrative control ofthe disaster

_ . Management, who shall beChairperson, ¢ex officio;

(2)the Secretaries to the Government ofIndiainthe MinistriesorDepartments having adminigtrative control ofthe agriculture, atomic energy, defence, drinking water ‘supply, environment.and forests, finance (expenditure), health, power, rural ‘development, science and technology,space,telecommunication, urban development, .

‘4 A . ms GAZETTE or {Nor/i BX‘I'RAORDlNARY _ [hm n—'— 6. (1) Subject to the pIOViaious of this Act, the National Authority shall have the responsibility for laying down the policies, plans and guidelines for disaster management for ensuring timety and etfective response to disaster (2) Without prejudice to generality ofthe "provisions contained in sob-section (i), the National Auﬂiority may —— v (a) lay downpolicieslon disaster management; (It) approve the Natioital i’lan; ‘ (c) approve plans prepared bythe Ministries or Departments ofthe Government of India in aocordmce with the National Plan; (a) lay down guidelinesto be followed hythe StateAuthorities' in dramng up the StatePlan_.‘,, , .r .. . (a)laydownguldelinestobeﬁoﬂowedbyﬂiediﬁhrentMmisuiesorDeparmiemsN ofthe Government ofIiidia forthe propose ofin't'e'gratiiig‘the measures for prevention ofdisasterorthemi'tiguionofitseﬁ‘octsmtheudevelopmentplansmdproieets, _ (f) coordinate the enforcementasid implementation ofthe policy rind plan 52rd disaster management? . . , . . (3) recommend provision ofﬁuids for the purpose of mitigation, - i ‘ ' (It) provide such supportto other countries affected hymnjor disasters as may - bedetermhiedhytheCentralGovernmeot, . (Dukesuchothermeasmesforthepreventionofdisaster orthemitigatioinor' - reparednessandcapacuyhuﬂdmgfordealmgmﬂiﬂieﬂneatenmgdisaster siniation, .I -orditiasterasitmayconstderuecessary . . (i) lay down broad policies and guidelines for the fiaiotioning of the National Institute of Disaster Management. ' (3) The Chairperson of the National Authority shall,‘ iii the case of emergeitCy, have ' power to exercise all or any of the powers of the National Authority but exercise of such powers shall- be subject to ex pastfacro ratiﬁcation hy the NationalAuthority _ 7. (I) The Notional Authority may constitute an advisory committee consisting of experts iridieﬁeldofdisastermanagernemandhavingpractical experience ofdisaster management at the national, State or district level to make recommendations on. diﬁ‘erent hm ofdisastermariagement. .. (2) Themembersofﬂieadwsoryeonmnteeahnilbepaidswhaudwancesasmaybe ,' pretcnbedhyﬂieOemlGovernmenthiconsuitauonmﬁiﬂieNmonalAuﬂiomy ‘ 8. (I) The Central Government shall, inmiediately other issue of notiﬁcation under suh-section (I) of section 3, constitute a National Executive Committee to assist the NationalAuthOritymtheperforrpanee ofitshinetionsunderﬂusAct. f, -. ~ -» (AWNWEMWCommmmmstofdwfoﬂowingmhmmelywv ' I (a) the Semﬂary- to the Government of India' in charge of the Ministry or Department of the Central Government having administrative control of the disaster ’ . management, who shall he Chairperson, ex oﬂ‘icia; (b) the Secretaries to the Government of India in the Ministries or Departrneiits having administrative control of the agriculture, minic energy, defence, drinking water supply, environment and forests, ﬁnance (expenditure), health, power, rural development, science and mohmlogy, space, telemnmunicétion, urban development, -

oaa,

Sec. 1] _THE GAZETTE OF INDIA EXTRAORDINARY - 5 ret

water resources and theChiefofthe Integrated DefenceStaffoftheChiefs ofStaff Committee, ex officio.

(3) The Chairperson ofthe National Executive Committes mayinviteany‘other officer of the Central Government or a State ‘Government for‘taking part in any meetingof.the National Executive Committee and shall exercise suchpowers and perform such functionsas may beprescribed by the Central Governmentinconsultationwith the National Authority.

(4)The proceduretobe followedbytheNational ExecutiveCommittee inexercise of its powers anddischarge ofits functions shall be suchtasmay be prescribedbythe Central Government, :

9. (1) The NationalExecutive Committee |may,as andwhen itconsiders necessary, constitute one or more sub-committees, for the efficient discharge ofitsfunctions.

(2) The National Executive Committee shall, from amongst its members,appoint ththe Chairperson ofthesub-committee referred to.in sub-section (/).. .

(3) Any person associated 85 an expert with any sub-commitiee maytbePaid such allowances as may be prescribed bythe Central Government. > tess

10. (/) The National Executive Committee shall assist theNational Authorityin the discharge of its functions and have the responsibility for implementing the policies and

_ plans of the National Authority and ensure‘thecompliance of directions issued by the - Central Government for the purpose ofdisaster management in the country.

(2) Without prejudice to the generalityof the provisions contained in sub-section (7), theNationalExecutiveCommittee may—

(a) act as the coordinating and monitoring body for disaster management;

(b) prepare the National Plan to be approved by the National Authority;

(@) lay down guidelines for preparing disaster management plans by different Ministries or Departments ofthe Government ofIndia and the State Authorities;

"_ {e) provide necessarytechnical assistance to the State Governments and the State Authorities for preparingtheir disaster management plans in accordance with the guidelines laid down by the NationalAuthority;

(J monitor the imptementation ofthe National Pianand theplans prepared by the . Ministries orDepartments oftheGovernment ofIndia;

(g). monitorthe implementation of the guidelines laid down by.the National Authority for integrating ofmeasures for prevention ofdisastersandmitigation by the Ministries orDepartments iin their developmentplans and projects;

. (4) monitor, coordinateand give directions: regarding the mitigation and oe preparedness measuresto betaken bydifferent Ministries or Departmentsand agencies ’ ofthe Government;

(/) evaluate the preparedness at all governmental ievels for the purpose of . _ fesponding to any threatening disaster situation or disaster and givedirections, where —

necessary, for enhancing such preparedness;—

“”) plan andcoordinate specialised training programme for disastermanagement for different levels ofofficers, employees and voluntary rescueworkers;

. {%) coordinate response in the event of anythreateningdisaster situation or disaster; _ .

() lay downguidelinesfor,orgivedirections to, the concernedMinistries or. Departments of the Government of India, the.State Governments and the

x. ' an SEC. 13 _ THE GAZETTE or iNDIA EXTRAORDINARY s '———.——.. water resources and the Chief of the Intsgated Defence Staﬂ‘ of the Chiefs or Stat? Committee, at oﬁcio. (3) The Chairperson of the National Executive Connnittee may invite any othat ofﬁcer of the Central Government or a State Government for taking part in any meeting of the National Executive Committee and shall exercise such powers and perform such ﬁinctions as may be prescribed by the Canon! Government in consultation with the National Authority (4) The procedure to be followed bythe National BMW Committee in exercise one powers and discharge of its functions shall be such as may be prescribed by the Carin-s! Government. . . 9. (I) The National Executive Committee may, as and when it considers necessary; constitute one or more sub-committees, for the efﬁcient discharge of‘ its functions. (.2) The National Executive Conmittee shall, from amongst its members, appoint the Chairperson of the sub-committee referred to in sub-section (1).. . (3) Any person associated as an expert with any sub-committee may be paid such allowances as may be prescribed bythc Central Government. - : a ,_ , _ 10. (I) The National Executive Committee shall assist the National Authority' in the discharge of its ﬁtnctions and have the responsibility for irnplemanting the policies and A plans of the National Authority and ensure the compliance of directions issued by the - Central Government for the purpose of disaster management in the country. (2) Without prejudice to the generality/afﬁne provisions contained in sub-section (1), the National Executive Committee may -—~ (0) act as the coordinating and monitoring body for disaster management; (6) prepare the National Plan to be approved by the National Authority; (a) coordinate and monitor the implementation of the National Policy; 1 ' ' ~ (d) lay dorm guidelines for preparing disa'Ster management plans by different Ministries or Departments of the Government of India and the State Authorities; ' p (a) provide necessary technical-assistance to the State Govamments and the State Authorities for preparing their disaster management plans in accordance with the guidelines laid down by the National Authority; (1) monitor the implementation of the National Plan and the plans prepared by the ' Ministries or Departments ofthe Government of India; (g). monitor the implementation of the guidelines laid down by the National Authority for integrating of measures for prevention of disasters and mitigation by the Ministries or Departments' In their development plans and projects; ‘ (11) monitor, coordinate and give directions- regarding the mitigation and ‘ , preparedness measures to be taken by different Ministries or Departments and agencies , of the Government; - (i) evaluate the preparedness at all governmental levels for the purpose of . , _ responding to any threatening disaster situation or disaster and give directions, where _ necessary, for enhancing such preparedness; . , (i) plan and coordinate specialised training programme for disaster management for different levels of ofﬁcers, employees and voluntary rescue workers, ‘ (k) coordinate response in the event of any threatening disaster situation or disaster; , l (I) lay down guidelines for, or give directions to, the concerned Ministries or -, Departments of the Government of India, the State Governments and the

6 THE GAZETTE OF INDIA EXTRAORDINARY ParrI

State Authorities regarding:dneasures to be takenby them inresponse to any

threatening disastersituation or disaster;

(m) require anydepartment or agencyoftheGovernmenttomakeavailable to the

NationalAuthority or StateAuthorities suchmenormaterial resources as areavailable :

with it for the purposesof emergency response, rescueandrelief,

(n) advise,assist andcoordinatethe activitiesofthe MinistriesorDepartments

ofthe Government ofIndia, StateAuthorities,statutory bodies,other governmental or

non-governmentalorganisations and othersengaged in disaster management;=

to)provide.néceasarytechnicalassistance orgive advice to the StateAuthorities

and District Authorities. for carrying out their functions under this Act,

— (P) promote generaleducationand awareness inflation to disaster management;

and.

(2)performi such otherfunctions as the National Authority may require it to perform. :

11,(2)Ther shal be day up «pnfrdsiter management for he winkofthe

countrytobecalledthe National Plan. - ~

- (2) The National Planshallbepreparedbythe‘National Executive Committee having

“regard to the National Policy andin consultation with the State Governments and expert

bodies or organisations inthefield of disaster management tobeapproved by theNational

Authority. :

@) TheNational Plan shail include—

(a) measures to betaken for the prevention of disasters, or themitigation of

their effects; =~

(5)measures to be takenfor the.integrationofmitigation measures in the

‘developmentplans; -

- (c) measures to be taken for preparedness andcapacitybuildingtoeffectively

respond to any threatening disaster situations ordisaster;

- . (@) roles and.responsibilities of different Ministries or Departments of the

Governinent ofIndiain respect ofmeasures specified iinclauses (a), (6) and{e).

(#) TheNationalPlan shallbereviewedand updatedannually.

' (5)Appropriate provisions shall be made bytheCentral Governmentforfinancing the.

measures to becarried out under theNationalPlan.

(6)Copies of the National Plan referred toin sub-sections (2) and:(4‘shallbe made ;

available te the MinistriesorDepartments oftheGovernmentofIndia and such Ministries or.-

Departments shafi draw up their own plans |in accordance withtheNational Plan.

12. The National Authorityshallfecommend guidelines forthemjnimurnstandards of |

relieftobeproVidedtopersons affectedbydisaster, which shall include,— oo,

(# the minimum requirements to be provided in the reliefcamps in relation to

shelter, food, drinking water, medical cover and sanitation;

(ia) the specialprovisions’“to be made for widows andorphans,

(iif) ex gratia assistance onaccount ofloss oflife as also assistance on’account

ofdamage to houses and forrestoration ofmeans of livelihood;

(iv) such other relief as maybe necessary.

_ 43. TheNationalAuthority may, in cases ofdisasters ofsevere magnitude, recommend

reliefin repayment ofloans or for grant offresh loans to the personsaffected by disaster on |

suchconcessional terms as may be appropriate.

s t THE GAZETTE or mom EXTRAORDINARY . , [Pm li~ State Authorities regarding measures to be taken by them in response to any threatening disaster siniation er disaster; ' (m) require any department or agency ot'the Government to make available to the > National Authority or State Auﬂiorities such men or material resources as are available - with it for the purposes efem'ergency response, rescue and relief; (a) advise, assist and coordinatethe activities of the Ministries or Departments of the Government of indie, StateAuthorides. stamtoryhodiea odier governmental or .- . nongovernmental organisations and others engaged in disaster management ' (a) provide necessarywchiiical assistance or giveadvrceto the StatcAuthoriﬂes I . and District Authorities for carrying out their ﬁmetioris under this Act; . (p)pmmotegenemleducationaudawsrenessinrelauontodaastcrmanagement; . and . (q)pertbrmsuchotherﬁinctiousasdieNationalAiahontymayrequueitto perform. ~' ll.(1}Thereshallhedrawnupaplanfordisastermanagememfortitewhoieofﬂie ' countrytobecailedtheNatioml Plan. - - a (2) TheNatioual Plan shallbe prepared bythe National Executive Committee having _' regard to the National Policy and In constitution With the State Govemrnents and expert bodies or organisations in the ﬁeld ofdisastermanagement to be approved by the National Authority. . V (3) The National Plan shall meiotic—- (a) measures to he takes for the prevention of disasters, or the mitigation of 1 their effects: * . (b) measures to be taken for the iatepation of mitigation measures in the development plans; . . . ' (c) measures to be taken for preparedness and capacity building to effectively respond to any tirreatening disaster situations or disaster; » - (d) roles and responsibilities of diifereut Ministries or Departments of the Governiuent oflndia in respect of measures speciﬂed Il't clauses (a), (b) and (c). (4) The National Plan shall be reviewed arid updated mutually. ‘ (5) Appropriate "provisions shall be made by the Central Government for ﬂaming the _ measures to be carried out under the National Plan. ' (6) Copies of the National Plan referred to in subsections (2) and .(4) shall be made , available to the Ministries orDeparmients ofthe Government oflndia and such Ministries or .. - - Departments shall draw up their own' plans" In accordance with the National Plan. 12. The Nationél Authority shall rocommend guidelines for the minimum standards of reserrobepmhidedropmons affectedbydlsaster, which snail include,—— - _ . (r) the minimum requirements to be provided in the relief carups in relation to shelter. food, drinking water, medical cover and sanitation; , (it) the special provisions to be made for widows and orphans; (in) ex gratia assistance On account of loss of life as also assistance on account of darnage to houses and, her restoration of means of livelihood; (iv) such other relief as may be necessary . l3. ’l‘heNationalAuthority may, in cases of disasters of severe magninrde, recommend relief in repayment of loans or for grant of fresh loans to the persons affected by disaster on ; such concessional terms as may be appropriate.

eo i THE GAZETTE OFINDIAEXTRAORDINARY 7

. _ Sure DISASTERMANAGEMENT. AUTHORITIES

14, (i) Every State Government shall, as soonas may be aftor the issue ofthe notification under sub-section (/) of section 3, by notificationin theOfficial Gazette, establish a State . Disaster Management Authority forthe State with such, name as$ may bespecified in the notification ofthe State Government.

(2) A StateAuthority -‘shall consistof the Chairperson and such number ofother members, not exceeding nine, asmay be prescribed by the State Government and, unless the rules otherwiseprovide, the StateAuthority shall consist ofthe. following members, namely:—-

(a)theChiefMinisteroftheState, who shallbe Chairperson,exofficio;

(3) other mernbers, notexceeding eight, tobe nominated bythe Chairperson of the State Authority;_

&) the Chairperson ofthe StateExecutiveCommittee, ex afficto. oe

(3) The Chairpersonof theStateAuthority may designateonéofthemembersnominated under clause (6) ofsub-section (2)to. be the Vice-Chairpersonofthe State Authority..

(4) The Chairperson oftheState Executive Committee shall betheChiefExecutive Officer ofthe State Authority, exofficio: 2 ee cos 1 ne

Provided thatin the case ofaUnion territoryhavingLegislativeAssembly, except the Union territory of Delhi, the Chief Minister shall be the Chairperson of the Authority © established under this section andin case ofother Union territories, the Lieutenant Governor or the Administrator shail be.the Chairperson ofthatAuthority:

Provided further thatthe Lieutenant Governorofthe Unionterritory ofDelhi shall be the Chairperson and theChiefMinister thereof shall be theVice-Chairperson of the State Authority.

(5) Theterm ofofficeandconditions ofserviceofmembers ofthe StateAuthority shall be such as may beprescribed.

15. (2) The.State Authority shall meet asand when necessary and at such time> and place as theChairperson of the State Authority may think fit.

- (2) TheChairpersonoof the State:Authority shall| preside overthe meetings of the State Authority.

(3) Iffor-anyreason, theChairperson ofthe StateAuthority iis unable to attend the © meeting ofthe StateAuthority,the Vice-Chairperson ofthe StateAuthority shallpreside at the nieeting. Lo oe . ws

16, TheState Government shall provide the StateAuthority with suchofficers, consultants and employees, as it considers necessary,for carrying out thefunctions ofthe | State Authority.

17. (J) A State Authority.may, asand when it considers necessary, constitute an advisory committee, consisting of experts in the field of disaster management and having

- practical experience ofdisastermanagement to makerecommendations ondifferentaspects ofdisaster management.

(2}. The members ofthe advisory committeeshall be paid such allowances as may be prescribed by the State Government,

if. I] ' THE GAZETTE 0F INDIAEXTRAORDINARY I 7 I Stars Dismiss MmsomsnrAumOarrrss 14. (1)5wry5tate00vcrmncntshail,assoonasmaybeaﬁertherssneofthenotrﬁcanon under subsection (1) of section 3, by notification' In the Ofﬁcial om, establish a State , Disaster Management Authority for the State Iwith Isnch. name as may be speciﬁed in the I notiﬁcation of the State Government. 7 -- : . (2) ‘A State Authority shall consist of_ the Chairperson and such number of other members, not exceeding nine, as may be prescribed by the State Government and, unless the rules otherwise provide, the State Authority shall consist of the following members, namely. —- (a) the ChIef Munster of the State, who shall be Chairperson ax oﬂicro (b) other members, not exceeding eight, to be nominated by the Chairperson of the State Authority; A(c) the Chairperson of the State Executive Committee, ex oﬁ‘icio. ‘ ' ' " ' (3) The Chairpmon ofﬂIeStateAuﬂioritymaydesignateoneofthe Whats nominated under ciause (b) of sub-section (2) to be the Vice-Chairperson of the State Authority. (4) The Chairperson of the State Executive Committee shall be the Chief Executive _ Officer of the State Authority, ex oﬁz'cr'a: I ' _ . . . .. ,. . , . Provided that' In the case of a Union territory having Legislative Assembly, except the Union territory of Delhi, the Chief Minister shall be the Chairperson of the Authority ' established under this section and In case of other Union territories, the Lieutenant Governor or the Administrator shall be the Chairperson of that Authority: Provided further that the Lieutenant GoVemor of the Union territory of Delhi shall be the Chairperson and the Chief Minister thereof shall be the Vice-Chairperson of the State Authority. - (5) The term ofol‘ﬁce and conditions of semce ofmembers of the State Authority shall be such as may be prescribed. 15 (I) The State Authority shall meet as and when necessary and at such time and place as the Chairperson of the State Authority may think ﬁt {2) The ChairpersonI of the State Authority shall preside Iover the meetings of the State Authority. , , (3) If for any reason, the Chairperson of- the StateAuthority Is unable to attend the ‘ meeting ofI the State Authority, the Vice—Chairperson of the State Authority shall preside at the meeting . , . . . . ,. 16. The State Government shall provide the State Authority with such officers, consultants and employees, as it considers necessary, for carrying out the ﬁmctions of the f State Authority l7.(1) A State Authority may, as and when it considers necessary, constitute an advisory committee, consisting of experts in the ﬁeld of disaster management and having . practical experience of disaster management to make recommendations on different aspects ' of disaster management. ' . ' (2} The members of the advisory committee shall be paid such allowances as may be prescribed by the State Government.

$ __ THE GAZETTE OF INDIA EXTRAORDINARY {Parr—

18, () Subject to the provisions of this Act, aState Authority shall have the sesponsibitty for laying down policies’ and plans for disaster management in the State.

2) Without prejudicetothegenerality ofprovisionscontained in sub-section (2), the State Authoritymay— . a

en (3) day down theStatedisaster managementpolicy; a

(8)approve the State Planinaccordance withthe> guidelinestlaid down by the. National Authority; 020020. te beset hs

©approve thedisastermanagementplansprepared bthe department ofthe Government ofthe State;

‘ (@) laydown guidelines to be followed by the departments ofthe Government of the State for the purposes ofintegration ofmeasures for prevention ofdisasters ‘and mitigationin their development plans and projects and providenecessary technical assistance therefor; ...

(@) coordinate the implementation oftheStatePlan; tg ,

-(f) recommendprovision offunds formitigation and propiarednessmeasures; -

- (g) review thedevelopmentplans of the different departments oftheStateand

ensure that prevention and mitigation measures are integrated therein; =. =

(A) review the measuresbeing taken for initigation,capacity building and preparedness by the departments of‘the Government oftthe State and jissue such guidelines as‘may be necessary.

(3) The Chairperson oftheStateAuthority shall, in the caseofemergency, havepower to exercise all or any ofthepowers ofthe StateAuthority butthe exercise ofsuchh powers | shail be subject to expostfacto ratification ofthe State Authority.

49, The State Authority shall lay downdetailed guidelinesfor providing standards of relieftopersonsaffectedbydisasterin the State; |

Provided that such standards shallin no case be Jess than the minimum standards iin. ‘the*guidelines laid down by the NationalAuthorityiin thisrogers. BR :

_ 20. (7) The State Goveramentshall, immediately afterissue‘ofnotification undersub- section (2)ofsection14, constitute aState Executive Committeeto assist the StateAuthority intheperformanceofits functions and to coordinate actionin accordancewiththe guidelines laid downby the StateAuthority and ensure thecompliance of,dispotions issuedby the State . ‘Governmentunder this Act. :. ws re

* (2) The StateExecutiveCommittee shallconsistofthe1c followingmembers,0,namiély:—

a - @) the Chief Secretary to the State Govcratient,who shall be@ Chairperson, a“woffclo; Ts

8 _ (@)four Secretaries to theGovernment ofthe State ofsuch departments asthe ” StateGovernment maythink fit, ex officio.

(3) The Chairperson oftheStateExecutive Committee shall exercise such powersand perform such functions as-may be prescribed by the State Government and such other powers andfunctions ;as may be‘delegated to him by the StateAuthority. .

(4) Theproceduretobefollowedby the StateExecutiveCommittee in exerciseofits ‘powers and dischargeofits- functions shall be such as may be prescribed by theState Government. -

a , _ ms oazsr'rsnrmbia BxiiiAoRomAav ' {Pinata—r w. (1) Subject to the provisions of this Act, a State Authority shall have the responsibility for laying down policies and plans for disaster management in die State. (2) Without prejudice to the generality of provisions 06an in sub-Semen (I), the StateAuthorItymay—‘ V , ., _ ' ' " ' (a) lay down the State disaster management policy; , d . - (b) approve the State Plan in accordance with the guidelines laid down by the. NationaiAuthority; , ; .. a ._ , .. , .- , (c) approve the disaster management plans prepared by the deparh'nents of the Government of the State; ; (d) lay down gmdebnestobe folloWed bythe departments of the Government of the State for the purposes of” Integration of measures for- prevention ofdisastcrs and mitigation m their development plans and projects and provide necessary technical assistance therefor; - _. » , . (e)coordmatetbemtplementatronofthe$tate?lan ,- .,7_.. . (f) reco’mhiend provision of ﬁnals "for mitigation and preparedness measures; - ' (3) review the development plans of the different departments of the State and ensure that prevention and mitigation measures are integrated therein; ‘ - " ‘ - - . (it) review the measures being taken for mitigation, capacity building and preparedness by the departments of the Government of the State and' Issue such guidelines as may be necessary. (3) The Chairperson of the StateAuthority shall, in the case of emergency, have power to exercise all or any ofth'e powers of the State Authority but the exercise of such powers , shall be subject to ex: postfacto ratiﬁcation of the State Authority. ' - 19. The State Authority shall lay down detailed guidelines for providing standards of reliefto personsaffected bydisasterinthe State: ' '- Provided that such standards shall‘ In no one be less than the minimum standards in ‘ .the guidelines laid down by the National Authority in this regard. = v ’ 20. (I) The State Government shall, immediately alter Issue ofnotilieation under sub- section (I) of sechon l4 constitute a State Executive Conunittecto assist the StateAmbority in theperformance of Its functions and to coordinate action' in accordance with the guidelines laid down bythe State Authority and ensure the compilance ofdirectlons issued by the State , =GovermnentundertlnsAc-t. ., . , _ .4 _ _ . (2} The State Executive Committee shall consist of the following members, namely: ~ ‘ . _ (a) the Chief Secretary to the State Government, who shall be Chairperson, v exoﬂicia. ' ”' . ., . ((a) four Secretaries to the Government of the State of such departments as the : Slate Government may think lit, a oﬂicr'c. - (3) The Chairperson of the State Executive Gommmee shall exercise such powers and perform such functions as- may be prescribed by the State Government and such other powers and functions 'as may be delegated to him by the State Authority. 7 (ﬂmprowduretobefollowed hythe StateExecntive Committeeinexercise ofits powers and discharge of its functions shall be such as may be prescribed by the State Government.

Sec.1] . ‘THE GAZETTE OF INDIA EXTRAORDINARY 9 o——

21. (1) TheState Executive Committee may,asand when it considers necessary, constitute one or moore sub-committees, for efficientdischargeof its functions.

(2% The State Executive Committeeshall, from amongst its members,appointthe - Chairperson ofthesub-committee referred to in sub-section ()..

_ Any:personassocinted as an expert with any sub-committee may d‘be Paid such allowancesasmay!beprescribed bytthe State Government. .. :

22.(1)‘TheState ExecutiveCommittee shall have theresponsibillty for implementing . the National Plan and State Planand act as the poordinating.and Rnonlioring bodyffor management ofdisaster iin the State. .

(2) Withoutprejudice to.thegeneralityoftheprovisionsof sub-section©,theState: , Executive Committeemay—

(@)coordinateand monitorthe implementationofthe NationalPogtheNotional Plan atid the State Plan;

(b} examine the vulnerability ofdifferentvast ofthe State to different forms of disasters and specify measures to betakenfortheirprevention ormitigation; ..

(c)lay downguidelines for preparation of disaster’ management plans by the departments ofthe Government ofthe State and theDistrict Authorities;

_ (@) monitor the implementation ofdisaster managementplansprepared by the departments of the Government ofthe State and DistrictAuthorities;

. (e) monitortheimplementationofthe guidelines laid down bythe State Authority forintegrating ofmeagures forpreventionofdisasters andmitigationbythe departments in their development plans andprojects;

() evaluate‘preparedness at all governmental ornon-governmental levels to respond to any threatening disaster situationor disasterand give directions, where necessary, for enhancing such preparedness;

(g) coordinate response in the event of anythreatening disastersituation or disaster; :

(A) givedirections to anyDepartment of the Government oftheState «or any other authority or bodyin the State regarding actions fo be takeninresponsetoany threateningdisaster situation or disaster;

{i promotegeneraleducation, awareness andcommunitytraining inregardto - the forths ofdisasters. to which differentparts of the State are vulnerable and the measures that may be taken by such communitytoprevent the disaster,mitigate and

respond tosuch disaster, , we

w advise, assistandcoordinate the activities of the Departments of the Government ofthe State, District Authorities,statutory bodies and other governmental andnon-governmental: organisations engagedin disaster management; .

(4) provide necessarytechnical assistance orgive advice toDistrict Authorities . and local authorities for carrying out theirfunctionseffectively; ~

Oadvise the State Government regarding all financialmatiers in relationto disastermanagement,

(7!) examine the construction, in any local area in the State and, if it is of the - opinion that the standards laid for such construction for the prevention of disaster is not being or has not been followed, may direct the District Authority or the loca! authority, as the case may be, to take such action as may be necéssary to secure compliance of such standards; : ot

‘ (n) provide information to theNationalAuthority relatingtodifferent aspects of disaster management,

Sac. I 1 ‘ 1 THE Guerra or iNDIA sxmonnmmv 9 .m 21 (I) The State Executive Committee may, asilmd when it censiders necessary, corntitute one or more sub-corianhtees, for efﬁcient dischmge of the functions. {2) The State Executive Connnittee shirt], from amongst its members, appoint the * Chairperson of the sub-committee referred to in sub-section (1)_ . (3) Any person associated as an expert with any sub—committee may be paid such allowances as may be prescribed hy the State Government. I - - 224:!) The State Eitecutive Committee shall have the responsibilityfor iInpleIn'eniing ‘ the National Plan and State Plan and act as the coordinating and monitoring hotly for management of disaster to the State. ‘ (2) Without prejudice to the generality ofthe provisions chub-section (I), the State .I , Executive Committee may—— (a) coordinate and monitor the implementation of the Nationai Policy, Ste National . Plan and the State Plan; (b) examine the many ofdifferent parts ofthe State In "airman {icons of disasters and opacity measures to be taken for their prevention or mitigation; ; (c) lay down guideiines for preparation of disaster management plans by the departments of the Government oftlle Slate and the District Authorities; 7 (a0 monitor the implementation of disaster management plans prepared by the departments of the Government of the State and District Authorities; . (2) monitor the implementation of the guidelines laid down bythe Sims Authority for Integrating of measures for prevention of disasters and mitigationby the departments ‘ in their development plans and projects; (f) evaluate preparedness at ail governmental or non-governmental levels to respond to any threatening disaster situation or disaster and give directions, where necessary; for enhancing such preparedness; (g) coerdinate response in the event of any threatening disaster situation or disaster; - , (it) give directions to any Department of the GoVeriirnent of the State or any other authority or body' In the State regarding actions to be taken' In response to any threatening disaster situation or disaster; (I‘) promote general education, awareness and community training in regard to .i the forms of disasters to which different parts of the State are vulnerable and the measures that may be taken by such conunqu to prevent the disaster, lntitigate and - respond to such disaster; ' . . . ' (i) advise, assist and coordinate the activities of the Departments of the GoVernment of the State, DisnictAuSIorities, staunoryhodies and other governmental and non-governmental organisations engaged' at disaster management; " (1%) provide necessary technical assistance or give advice to District Authorities , I and local authorities for carrying out their ﬁIhctions eﬁ'ectiv'cly; ' ‘ (I) advise the State Government regarding all ﬁnancial matters in relation to disaster management; ~ (m) examine the construction, in any local area in the State and, if it is of the ‘ opinion that the standards laid for such construction for the prevention of disaster is not being or has not been followed, may direct the District Authority or the local authority, as the case may be, to take such action as may be necessary to secure compliance of such standards; ‘ ' - - ‘ (n) provide infonnation to the National Authority relating to different aspects of disaster management;

10 THE GAZETTE OF INDIA EXTRAORDINARY ___[Part—

(0) lay down, review andupdate State level response plans andguidelinesand ensure that the district levelplansareprepared, reviewedandupdated; ~~

(esseretat coninaniation syst re onder ndthe eremanegemen

drills are carried outperiodically, nls

{¢) perform such other functionsasmay be sssignedtoitby the State Authority oFas it mayconsidernecessary.

_ 23:42) Theresal be a pan for dtatrmanagementfor every Stats tobe called the ‘State Disaster Maniagement Plan...

ae (2)TheState Planshall be preparedbythe StateExecutiveCommitieehavingregandto the guidelines laid down by the National Authority and after such consultation with local authorities, district authorities and the people's representatives as the’State Executive Committeemay deem fit. ‘

(3) The State Plan prepared by the State Executive Committee under sub-section (2) shall be approved by the State Authority.

(4) The StatePlan shall include,—.

' (a) thevulnerability ofdifferent;partsofthe State to different formsof:disasters

(b) themeasures to beadoptedforpreventionand mitigation ofdisasters;©

(©) themanner in which the mitigation moasuresshallbe integrated with the development plans and Projects; ee

@thecapacity-buildingandpreparednessmeasures to be taken;

(e)the roles and responsibilities ofeach Department ofthe Government ofthe Statein relation te the measures specifiedin clauses (6), {e) and (d}above;

(f) the roles andresponsibilities of differentDepartments ofthe Government of the State iin résponding to any threatening disaster situation or disaster, —

(5) The State Plan shall bereviewedand updatedannually.

(6)Appropriateprovisions shall bemadebythe State Governmentforfinancing for the measurestobecarriedout undertheStatePlan. :

(7) Copiesofthe StatePlan referred to insub-sections (2) and (5) shall be made available to the Departments ofthe Government of the State and suchDepartments shall drawup theirownplans inaccordancewith the StatePlan.

24; Forthe purpose of,assisting and protectingthe community affected bydisaster or providing relieftosuch community or, preventing orcombatingdisruption or dealing with the effectsofany threatening disaster situation,theState ExecutiveCommittee may—

. (2) controlandreset, veioular tai to Som ot within, the vulnerable ot a

- (6)cout and restrict theetry of any personino his movement within and departurefrom, avulnerableor affected area; ‘

.{c) removedebris, conduct search and carry outrescue1 operations; Lo

(d)provide shelter, food, drinking water, essential provisions,healthcare and services in accordancewith the standards laid down by theNationalAuthority and StateAuthority; ;

(e) give directiontothe concemed Departmentof theGovernment ofthe State, _ anyDistrictAuthorityor other authority,within the local limits ofthe State to take such measure or steps forrescue, evacuation or providing immediatereliefsaving lives or ‘property, as may be necessary iinits opinion;

10 , ma carom or mom axmosumnav pp 7 Irma—— ‘ (a) lay down, review and update State level response plans and guidelines and ensnredmtthedrstrtet level plonsareprepored reviewedendupdated; ' ‘ , (p)enswediotcommrcemnsystemmehlorderanddtednastermanagernem_ drillsareearried outperiodicaily; - , I . . (q) perform such other ﬁInctionsas maybe assigned to ithy the StateAuthority orashmoyconsidernecessory. - - 23.{DWmshollbeaplanfordisastermonogementforeveryStotetchecaliedtlIe . State Disaster Management Plan. . I . ,, , (2)'Ihe State Plan shallbepreparedhythe State ExecutweCormnrtteehavmgtegardto the guidelines laid down by the National Authority and otter such consultation with local authorities, district pathoritles and me people's representatives as the State Executive Commandant. ' ‘ (3) The State Plan prepared by. the State Executive Committee under sub-section (2) shall be approved by the Sm Authority. oTheSmePlanshalimehtde~ , ' V (a) the vulnerability ofdiﬁ’e'rent parts of the State to different forms of disasters, (b) the measures to be adopted for prevention and mitigation of disasters; (c)themarmerinwlnchthemitlgononmeesmesshalibe integratedwiththe de‘velopment plans and projects; . 7 , f. (d) the capacity-building and preparedness measures to be taken; (e) the roles and responsibilities of each Department of the Govenanent of the State In relation to the measures speciﬁed In clauses (b), (c) and (at) above; ‘ (f) the mics and responsibilities cfdiﬁ'erent Departments of the Government of the Sime' In responding to my threatening disaster simation or disaster. - (5) The State Plan shall be reviewed and updated annually. (6) Appropriate provisions shall be made byﬂrc State Government for ﬁnancing for the measurestobccarriedouttmdertheStotePlan. , . ‘ (7) Copies ofthe State Plan referred to in sub-sections (2) and (5) than be mode ' available to the Depormtents of the Government of the State and such Departments shall drawup their cwnplansinoccordancewiththeState Plan. - 24.- For the purposeof, coasting and protecting the dormnunity affected by disaster or providing relief to such community or, preventing or combating disruption or dealing with the effects ofany throwing disaster sidioticn, the State ExecutiVe Committee may-— 1 (alccndolartdresuietvehiculm-mﬁicto ﬁemorw1thrn,thevulncrableor' 7 (b)eontrolmdresmettheentrycfanypersoninto,hismovernotnwnhmand depaﬂurefronnavulnerohleoraﬁ'eetedareo; - , ‘ (c) remove debris, conduct search and carry out rescue operations; _7 - , (it) provide shelter,- food, drinking water, essential provisions, hesithcore and» services in accordance with the standards laid down by the National Authority and State Authority; . (e) give direction to the concerned Deponment ofthe Govermnent of the State. , anyDistrietAuthorityorotlIe r authority, withinthe local limits ofthe State to take such measure or steps for rescue, evacuation or providing immediate relief saving lives or property, as may be necessary in its opinion;

Sec. 1] . THE GAZETTE OF INDIA EXTRAORDINARY 11 eee:

: ()) require any department oftheGovernment oftheState or amyother body or authorityorpersonin chargeofany relevantresourcesto meke availabletherresources forthe purposes ofemergencyresponse,rescue and relief,

_ gy) requireexpertsand consultants inthe field ofdisasterstow providesadvice and

assistance for rescue and relief,

~~) procure exclusive orpreftrential useofamenities ftom any authority orperson as ond when required;

+. 8) construct temporary bridges or other necessarystructuresand demolish unsafe structures which may be hazardous to public; © ~~

Lo (/) ensurethat non-governmentalorganisations caryout their activities in an equitable and Hion-discriminatory smanner; -

__ () disseminate information to® public ttodeal with aaty thosining disaster situation or disaster;

() takesuch stepsasthe Central Governmentorthe StateGoverninent may

directinthis regard or take such othersteps asare requiredor warrantedby the form of any threateningdisaster situation or disaster. _

CHAPTERIV

»DestuctDisasterManacementAUTHORITY ,

- 25. (1) Every State:Governmentshall, as soon as may:beafter.issue of notification under sub-section (/) ofsection 14,bynotificationin the Official Gazette, establish a District Disaster Management Authority for everydistrictiin the Statewith such name as may be specifiedin that notification.

(2) The DistrictAuthority shall consist ofthe Chairperson and such.numberofother members,notexceeding seven,as maybeprescribedbythe StateGovernment, and unless the rules otherwise provide, it shall consist ofthe following, namely: —

(a) the Collector orDistrictMagistrate orDeputyCommissioner,asthecasesemay be, ofthe districtwho shall be Chairperson, exofficio;

(5) the electedrepresentative of the local suthoritywwho shal! bethe co- Chairperson,exofficio: oe

Providedthat in the Tribal Areas,as referred to inthe Sixth-‘Scheduletothe . _ Constitution, the ChiefExecutiveMemberofthedistrictcouncilofautonomousdistrict,

_Shallbetheco-Chairperson,&officio; _

' (d) the SuperintendentofPolice, exofficio; . .. ..

(€} theChiefMedical Officer ofthe district, exofficio; - (Anot exceeding two.other district leve! officers,tobe appointedby theState

_ @) many dstwhere2 pasha ext th Cairperson thereof shal be the co- Chairpersonof theDistrictAuthority. oe

(4 The State Government shall appoint an officer not below the rank ofAdditional Collector orAdditional District Magistrate orAdditional DeputyCommissioner, as the case may be, ofthe district to be the ChiefExecutive Officer ofthe DistrictAuthority to exercise

" such powersand perform such functions asmay be prescribed by the State Government and suchotherpowersandfunctionsasmay bedelegated to himby the District Authority.

. 26.1)TheChairperson oftheDistrictAuthorityshall,in addition to presiding over the meetings oftheDistrictAuthority,exercise and discharge such powers and functions of- theDistrict Authority as theDistrictAuthoritymaydelegate tohim. _

Sec; 11' ' run chasm; or mom axmonnmmr ll m o . .wrequireanydepartmentofthetiovernmentofdteStateorarryotherbody-or auﬁtority orpersoninchsrge ofa'ny'reievantresowces to make availahle the resources forthe purposes ofernergency response,reseue and relief; V - l . (3) require erqrerts and consultants inthc field ofdisastersto prouide advice and assistance for rescue and relief; . ’ (h)proetueertc1usiveor preferenualrueofamcnrtiesﬁ‘om anyauﬁtorttyor person as md when required; ' ' »- (i) cmtstruct temporary bridges or other necessary suucttues and demolish unsafe structures which may be hazardous to public; 7 ‘ . . mensurethstnon-goverumental organisatiomcarryoutthetr activitiesinan , equitable and non-discriminatory manner; .‘ . .(k) disseminate information to public to deal with any timestenurg disaster sihiation or disaster; ‘ . (stakesuchstepsustheCermaIGovenunentortheStateGovernmemmay duectinﬁrrsregardortakesuchoﬁrerstepssssrerequiredorwarranwdbythe form ofanyﬁrreatening disaster situation or disaster. - . . , CHAPTER“! DnnerDrsasrsaMAnAoanaurAumomr - ' 25(1) Every State- Government slnll. as soon as may be utter issue ofnetiﬁeetion under sub-section (1) ofseetion M, hynotiﬁcation 1n the Oﬂiciai (limits, establish aDislrict Disaster Management Authority for every district in the State with such name as may be speciﬁed' In ﬁrst notiﬁcation. (2} The District Authority shall consist ofthe Chairperson and such another of other members, notexoeedingseven, asmaybeprescrihedhythe StateGovemmcnt, and unless the rules otherwise provide, it shall consist of the ibilowing, namely: —— ' ' ' . (a) the Collector or District Magistrate or Deputy Commissioner, as the case may he, of the district who shall be Chairperson, a qﬁicio; (b) the elected representative of the local authority who shall be the co- Chairpersomexaﬁcio: . . ; ProﬁdedmnhrmeTnhalAresgasrefenedtoinﬁreSixﬁr- Scheduletothe' I , Constiurtion. the Cruefoecutive Member ofthe district council ofautonor‘nous district, ..slutllbetheco-Chairperson, exqﬁiclo, 1 . ~ (c) the Chief Executive Ofﬁcer of the DutrrctAuthontx ex oﬂr‘cio (d) the Superintendent of Police, at aﬁcio; . 7 . 7 - . (e) the cremated Ofﬁcer ofthe district; ex (awe-ta; (ﬂoorexeeedmghuootherdismotlevelofﬁcers to beappeintedhythe State (3)1nanydrsnictwherozrlaparishsdexists, dieChaupersonthereofshalihethe co- ChairpentonoftheDlstr-ietAuthority. , (4) The State GoVemment shall appoint an oﬁcer not below ﬁre rank of Additional Collector or Additional District Magistrate or Additional Deputy Commisoioner, as the case , may be, of the district to be the ChiefExecutive Oﬁicer of the District Authority to eXercise ‘ such powers and perform such {motions as may be prescribed by the State Government and such odrerpewers and Motions as mayhe delegated to him hyﬁreDistrictAuthority. . 16. (ll “lire Chairperson of the District Authorityshali, in addition to presiding over the meetings of the District Authority, exercise and discharge such powers and ﬁnictions of the DistrictAuﬁrority as the DistrictAtuhorit‘y may delegate to him. ' ,

12 THE GAZETTE OF INDIA EXTRAORDINARY - [Parr IF- oe

(ay The Chairperson ofthe DistrictAuthority shall, in the case ofan emergency, have

power tc exercise all or any ofthe powers ofthe District Authority but the exercise ofsuch

powersshall be subject to ex postfacto ratification ofthe District Authority.

(3)TheDistrictAuthority or the Chairperson oftheDistrict Authority may, by general

or special order, in writing, delegate such of its or his powers and functions, under sub-

section (/) or (2), as the case may be, to the ChiefExecutive Officerofthe DistrictAuthority,

subject to such conditions andlimitations, if any, as it or he deemsfiit.

27, The District Authority shall meet as and when necessary and at such time and

place as theChairperson may think fit.

28. (2) The District Authority may, as and when it considers necessary, constitute

one or more advisory committeesand other committees for theefficient discharge of its

functions.

Q)TheDistrict Authority shall,fromamongstits.members,appoint the¢ Chairperson of

the Committee referred to in sub-sectionQ).

re)Any person associated as an expert with any committeeor- sub-committee

constituted under sub-section (/) may be paid such allowances assmay be prescribed by the

State Government.

29. The State Government shall provide the District Authority with such officers,

consultants and other employees as it considersnecessaryfor carrying outthe functions of

DistrictAuthority.

_ 30, (2) The District Authority shall act as the district planning, coordinating and

implementing body for disaster management and take all measures for the purposes of

disaster management in the district in accordance with the. guidelines laid down by the

National Authority and the StateAuthority. .

()Without prejudiceto thegenerality ofthe provisions ofsub-section (/), the District

' Authority may—

. (i) prepare adisaster management plan including district response plan for the

district;

(ii) coordinateand monitor the implementation of the NationalPolicy, State Policy, National Plan, State Plan andDistrict Plan, — ,

(iit) ensure that the areas inthedistrict vulnerable.to disasters are identified and

mieasures for the prevention ofdisasters and the mitigation ofits effects are undertaken

by the departments of the Government at the district level aswell as by the local

authorities;

(iv) ensurethattheguidelines forprevention ofdisasters, mitigation ofits effects,

preparedness and response measures as laid down by the National Authority and the

State Authority are followed by all departments ofthe Government atthe district level

and the local authorities iin the district;

-(¥) givedirections to different authorities atthedistrictlevel and toval authorities

- to take such othermeasures for the Preventionor mitigation ¢ofdisasters as may be

necessary; : ; a

(vA) lay down guidelinesforprevention of disaster management plans by the

department ofthe Governmentat the districts level arid localauthorities inthe district;—

(vit} monitor the implementation ofdisastermanagement plans preparedby the

Departments ofthe Government at the districtlevel; ~

12 THE GAZETTE or INDIA amortisation , [smu— ' s (2) The Chairperson of the District Authority shall in the case of an emergency, have power to exercise all or any ofthe powers of the District Authority but the exercise of such - powers shall be subject to ex postfacto ratiﬁcation of the District Authority. (3) The District Authority or the Chairperson of the DishictAuthority may, by general or special order, in writing, delegate such of its or his powers and functions, under sub- section (1) or (2), as the case may he, to the ChiefExecutive Ofﬁcer of the District Authority, subject to such conditions and limitations, if any, as it or he deems f t 27. The District Authority shall meet as and when necessary and at such time and place as the Chairperst'm may think ﬁt 28. (I) The‘bistrict Authority may, as and when it considers necessary, constitute one or more advisory committees and other committees for the efﬁcient discharge of its functions. - (2) 'i‘he DistrictAuthorIty shall, from amongst its memhers, appoint the Chairperson of the Committee referred to in sub—section (1) - (3) Any person associated as an expert with any committee or sub-committee constituted under sub-section (1) may he paid such allotvances as may be prescribed by the State Government. 29. The State Government shall provide the District Authority with such ofﬁcers, consultants and other employees as it considers necessary for carrying out the functions of District Authority ‘ . 30, (I) The District Authority shall act as the district planning, coordinating and implementing body for disaster management and take all measures for the purposes of disaster management in the district in accordance withthe guidelines laid down by the National Authority and the State Authority. ‘ ( ’) Without prejudiceto the generality of the provisions of sub-section (1 ), the District ‘ Authority may—— . (i) prepare a disaster management plan includingldistrict response plan for the d Istrict; _ . (ii) coordinate and. ntonitrir the implementation of the National Policy, State Policy, National Plan, State Plan and District Plan; ' ' ' (iii) ensure that the areas in the district vulnerable to disasters are identiﬁed and measures for the prevention ofdisusters and the mitigation of' Its effects are undertaken by the departments of the Government at the district level as Well as by the local authorities; v , (iv) ensure that the guidelines for prevention of disasters, mitigation of Its effects, preparedness and response measures as laid down by the National Authority and the Slate Authority are followed by all departments ofﬂte Government at the district level ‘ and the local authorities In the district; (v) give directiOns to different authorities attire district level and local authorities ~ to take such other measures for the prevention or mitigation of disasters as may he ' necessary; . - . _ , - (vi) lay, down guidelines for prevention of disaster management plans by the depot-orient of the Government at the distiicts level and local'authorities in the districti~ (vii) monitor the implementation of disaster management plans prepared hy the Departments of the Government at the district level; "

Sel] °—S~*S*S*CTKE: GAXZETTE.OF NDAEXTRAORDINARY 2 © 3

- (viii) lay down guidelines to be followed bythe Departmentsof the Government at the district level forpurposes of integration of measures for-prevention ofdisasters

“and initigationintheir development plans andprojects andprovide necessarytechnical

assistance therefor; boss

_ monitor the implementation of measures referred to inclause (viii);

@review the state ofcapabilities for responding toany disasterorthreatening

disaster situation in the district and give directions to the relevant departments or

authorities at the’district levelfor their upgradation as may be necessary;

@) review the preparedness. measures and.give directions to.the concerned . departmentsatthe district level or otherconcerned authorities where necessary for

. bringing the preparedness measuresto the levels.required for respondingeffectively

_ to any disaster or threateningdisaster‘situation;© © ,

_(xi#) organise and coordinate specialisedtraining programmesfor different levels

ofofficers, employees and voluntary rescue workers.in the district; ~~

(xiii) facilitate communitytraining and awarenessprogrammesfor‘prevention of " disaster or mitigation with thesupport:of focal authorities, governmental and non-

- governmental organisations; :

(xiv) setUp,maintain,reviewand upgradethemechanismforearly warnings and

dissemination ofproper information topublic; ~

(Gn) prepare, reviewand update districtlevelresponseplan and guidelines;

- (xv) coordinate responsetoany threatening disaster situation or- disaster;

(xvii) ensure that theDepartments ofthe Government atthe district level and the

- focal authorities preparetheirTesponse plansin accordance with thedistrict response .

~ plan;

(xviii) laydown guidelines for, or give direction to, the concernedDepartment of the Government atthe district level or anyother authorities within the local limits ofthe districtto take measures torespondeffectively to any threatening disaster situation or

disaster;

(xix) sdvise, assist and coordinate the activities of the Departments of the Government atthedistrict level, statutory bodies and other governmental and non- governmental organisations iinthe district engagedtinthe disaster management,

(xx) coordinate with, andgiveguidelinesto, local authorities iin the district to ensure that measures for the prevention or mitigation ofthreatening disastersituation - or disaster in the district are carried out promptly andeffectively;

~”« (caxi) provide necessary technicalassistance or giveadvise tothe local authorities in the district for carrying out their functions; =

(exit) review development planspreparedby theDepartments ofthe‘Government - at the district-level, statutory authoriti¢s.or local authorities with a viewtomake

necessaryprovisions therein for prevention of disaster or mitigation;

_ (exif) examine the. construction in any area in‘the district and, ifit is5 of the opinion that the standards for the prevention of disaster or mitigation laid down for such construction is not being or has hot ‘been followed, may direct the concerned authority to take such action as: may be necessary to secure compliance of such standards; .

(xxiv) identify buildings and places which could, in the event ofanythreatening

disaster situation or disaster, be used-as reliefcenters or Camps andmake arrangements

for water supply and sanitation in such buildings or places;

SEC-ll ’ ., Tuniohisrrsosrnomr'sxmonommtv . 13 (viii) lay down guidelines to be followed by the Departmentsofthe Government at the district level for purposes of integration of measures for: prevention of disasters . ‘ and mitigation In their development plans and projects and provide necessary technical ‘ assistance therefor; ‘ . _ - (ix) monitor the Implementation of greasyres referred to in clause (viii); (3:) review the state of capabilities for responding to any disaster or drreatening disaster situation in the district and give directions to the relevant deparnnents or authorities at the district level for their upgradatron as may be necessary; , (xi) review the preparedness measures and give directions to. the concerned - departments at the district level or other concerned authorities where necessary for ; bringing the preparedness measures to the levels required for nespondmg effectIvely , to any disaster or drreatening‘ disaster situation; a.- ' (xii) organise and coordinate specialised trainmgprogrammes for different levels of officers, employees and voluntary rescue workers" In the distri¢t; ’ ’ (xiii) facilitate community training and awareness programmes for prevention of ' disaster or mitigation with the support of local authorities, governmental and non- ’ ' governmental orgamsatrons, - (xiv) set up, maintain, review and upgrade the mechanism for early warnings and dissemination of proper information to public; ' ‘ (xv) prepare, review and update district level response plan and guidelines; (xvi) coordinate response to any threatening disaster situation or disaster; (xvii) ensure that the Departments of the Government at the district level and the , local authorities prepare their response plans' In accordance with the district response . ' plan; (xviir‘) lay‘down guidelines for, or giVe direction to, the concemedDeparIment of the Government at the district level or any other authorities within the local limits of the district to take measures to respond effectively to any threatening disaster situation or disaster; ,(xix) advise? assist and coordinate the activities of the Departments of the Government at the district levei, statutory bodies and other governmental and non- governmental organisations in the drstrict engagedf In the disaster management; ' (xx) coordinate with, and give guidelines to, local authorities In the district to ensure that measures for the preVention or mitigation of threatening disaster situation _ , or d: sector in the district are carried out promptly and effectively; I (xxi) provide neceswy technical assistanceorgi've advrsetothe local authorities , in the district for carrying out their functions; _ ‘ - (porn) review development plans prepared syn; Departments of the Government 7 - at the district level, statutory authorities or local authorities with a view to malts necessary provisions therein for prevention of disaster or mitigation; _ (xxI'I'z') examine the construction in any area in the district and, if' It is of the opinion that the standards for the prevention of disaster or' mitigation laid down fOr such construction is not being or has not been followed may direct the concerned authority to take such action as may be necessary to secure compliance of such standards; ‘ (xxiv) identify buildings and places which could, in the event ofany threatening disaster situation or disaster, be Itsed- as rehef centers or camps and make arrangements for water supply and sanitation in such buildings or places;

14 THE GAZETTE OF INDIA EXTRAORDINARY_ {Parr D—~

(xxv) establish stockpiles ofrelief and rescuematerials or ensurepreparedness

to make such materials available at a short notice;

(xxv/) provide information to theState Authorityrelating tociret aspect of

disaster management; | : —

. (xxvil)encourage the involvement of non-governmental organisations and

voluntary social-welfare institutions working at the grassroots level in the district for

disaster management;

. (xxviii) ensure communication systems are inorder,and disaster management

Grills are carried outperiodically;

"eas)pexSoa sik theefoiskath Skate Govoevime SansAux may asign to it or ast deems necessary for sar management inthe Distt

31. (2)Thoreshallbe aplan for disaster managemontforevery districtof the State.

(2)TheDistrict Pian shall be preparedby the DistrictAuthority,afterconsultation

withthe local authorities andhavingregard-totheNational Planandthe State Plan,tobe approvedbythe State Authority. :

(3) The‘District Planshall’include—

(othe areas inthe distick vulnerabletodifferen forms ofdisaster;

(5}the measurestobe taken, for preventionand mitigation ofdisaster, by the

_ Departments oftheGovernment atthe district leveland local aisthoritiesin the district;

-(¢)the capacity-building and preparedness measures required to betakenbythe DepartmentsoftheGovernmentatthedistrictlevel and the focal authoritiesin the

districttorespondtoanythreateningdisastersituationordisaster; so

(d)theresponse plansandprocedures,intheeventofa disaster, providing for~

QD alllocation ofresponsibilities to theDepartmentsofthe Governmentat thedistrict level arid the local authoritiesin the district;

(ih prompt responsetodisaster and reliefthereof;

(iii) procurement ofessentialresources;

(y) establishment ofcommunication links; and

____{v) the dissemination ofinformation tothepublic;

- (©) such othormottersasmayberequired bythe StateAuthority.

“(The DistictPanshall be reviewed and updotedanmually.

(3) The copie ofthe Disc Plan refedio insects (2) and)sal be made

available to theDepartments of the Government in the district. Me

(6) The DistrictAuthority hall end » copy oftheDistrict Plan othe Se tory, . which shall forwardittothe State Government. .

. ()ThoDiet thority sal review tm tne ttn th iplemenatin of he

Plan and issuesuch instruttions.to-d depal he Governmentinthedistrictas it may dom nocessary for theimplementation thereof. nw -

52. Every officeofthe Government of Indiaand oftheState Government a the district - level andthe lat anthories shall, subject to the supervision oftheDistrict Authority, ~-

‘14 ms citizens or mom sxmononwir {FAITH-v (m) establish stockpiles of relief and rescue material; or ensure preparedness to make such materials available at a short notice; (mi) provide information to the StateAurhority relatingto diﬁ'erentospects of ‘ disaster management; n . ‘ (mi!) encourage the involvement of nongovernmental organisations and voluntary social-welfare instiuitions worldng at the grassroots level in the district for disaster management; - (will) ensure communication systems are in order, and disaster management drills are carried out periodically; {nbﬂperfonnsuchodterﬁmehonsudmsmeﬁowmwtormmm massigntoitorasndeenaneceswyfordimmnagementmdienisnict 31.(1)'Ihereshsllhe splan fordisastermanagementforeverydisa'ictofthe State. (2)1119Dlstrmtl‘lanahallbepmparedbylheDWAumoﬂtx afterconsultation withthe localautlmrmaandhavingmgardtotlmNaﬁonﬂPlanmdthesmePlan, tube approved by the State Authority , , ' (3) The District Plan shall Exclude-— . (amieareasmtherlisu-Mvuhierabletodifferentfonnsofdisasters. (lathe measurestobetslren, forpreventionsndmrhgatronofdnsster,bytlm Depmmafﬂieaovunmmtudiedmhictlevelandhcalauﬁmnﬁesmmedtsmct, (c)meeapaeity-buildmgandpreparedneumemsmqmmdmbetskenbyﬂie Departments ofthe Government attlte distrl'etlevel ml the local authorities in the districttorespondtoanydireateningdisastersltnationordisaster; " “ (aﬁdmresponseplsns mdprocedures, indieeventofa disaster, providing for- . . (I) allocation of responsibilities to the Departments of the Government at the district lavel and the local audiorities in the dotrict; (ii) prompt responSe to disaster and relief Woof; (iii) procurement of essennal resomoes; (it!) establislnnent of eonnnunmotton links; and (v) the dlsminatlon of mfonnstion to “republic; . (e)slmhoﬁiermattersasmoybereqniredbythe3tateAuthorlty (omnisuietPlanshallbereviewedmdupdstedanmially _ (”ThawpiesofdmnisﬁetPlameferredtoinsub-eeotmmﬂhndﬂlshallhematle availabletodieDeperunemsot'theGovemmentinthedlstrict. ‘ - _ (ﬁﬁeDuniaAmhoﬁtyshﬂlsendaeopyoftheDmlewﬂmsmehuﬂionty _ whichshallfomdittotheStateGovermnent. . _, {annnietAulhorhyshalhmvlewﬁomnmemnmadmnnplmnmtionofﬂm lemdirsi‘iemeh' - u , Mvermnentinthedlsn'lctas itmsydeemneoesssnrt‘ortliehnplementsnondiereoﬁ _ » .t _ 32.fvayotﬁceofdreGovumrmmoﬂndumdufﬂmStsteGovernmnatdtedma - lewlmdthebcalauﬂmiﬁesﬂmlhmbjectmmesnpuﬁsionofdmnmmdty,

Ssc. 1] | THE GAZETTE OF INDIA EXTRAORDINARY 15 eeteeemnnnee:

(a) prepare a disaster. management plan setting out the following, namely:—

oo (2) provisions forprevention andmitigation measures asprovidedforin

theDistrict Planand asis assignedtothedepartment oragencyconcerned;

(ii) provisionsfor taking measures relating toSapacity-building and preparedness aslaid downintheDistrict Plan;

: - (iif) the resposse plansand procedures,in the event of, any threatening disaster situation ordisaster, ; ;

, coordinate thepreparationandthe implementation ¢ofi its plan with those of

the other organisations at the district level including local authority, communities and other stakeholders;

“={e) regolarly review and update theplan;and _

(a) submit acopyof itsdisastermanagementplan, &andof |anyaamendment thereto, to the District Authority.

33.‘The District Authority may by order require any offices orany Departmentatthe district level or any local authority to take such measures fortheprevention or mitigation of disaster,orto effectively respondtoit,asmay benmecessary,and suck‘officer or department

. fallbeboundto carry outsuch order. a =:

34.Forthepurpose of assisting, p:protoctig,or providing relieftothe community,in response to any threatening disaster situation or disaster, the District Authority may-—~

“@ give directionsfor the releaseand use ofresourcesavailablewithany

Department ofthe Government and the local authorityin the district;

(6) control and‘restrict vehicular trafficto,.fromand within, the vulnerable or

affectedarea:

. - {e) control andrestrictthe.entry ofany person into,hismovement within and _ departure from, avulnerable oraffected area;

(d) remove debris, conductsearch and carry out rescueoperations;

(e)Provide sshelter,food, drinking wewaterand essential provisions, healthcare and - . Services;

—~— establishemergencycommunicationsystems in the affected area;

(g)makearrangementsfor the disposal oftheunclaimed dead bodies;

. _(h)recommendto anyDepartment oftheGovernmentoftheState oranyauthority or body under that Government 2at the district level to take such measures as are necessaryin its opinion; .

(@requireexperts and consultantsin the relevant fieldsto advise and assist as . it mnay deem necessary;

‘(procure exclusiveor preferential use of amenitiesfom any authority or person;

(® construct temporary bridges or othernecessary structiires and demolish structures whichmaybehazardous topublicor aggravatethe effects of thedisaster;

(D ensure thatthenon-governmentalorganisationscarry out their activities in an equitableand non-discriminatorymanner; ;

(takesuch other steps 68may be required or warranted to be takeninsuch a Situation,

Sec. 11 ' ms 53mm or mom momma“ ' is m (a) prepare a disastenmanagemem plan setting out the following, namely.— . ._ (Oprovrsionsforpreventionandmmgationmsuresasprcvrdedforin theDlsnictPlanandasuassignedmdwdepatmmucregencyeoneemed (if) provisions for taking measures relating to capacity-building and preparedness as hid down in the District Plan; (tiﬂdreresponseplansandprocedmesmrtheeventoﬁanydneatenmg disaster situation or disaster, . . 7 . (b)_ coordinate the preparation and the Implementation of its plan with those of the other organisations at the district level including local a‘mhority, communities and other stakeholders; (c) regularlyrevietvandupdateﬂtephmand (a!) submit a copy of Its disaster management pian, and of any amendment thereto to the District Anatomy. ‘ f' 33.. 'l‘heDrstr-rctAuthﬁtymayhyorderrcqmreanyoﬁieerorany Departmentatthe district level or any local authority to take such measures for ﬁreprevention or mitigation of disaster, ortoeﬁ‘eotively respondtoit, asmay benecessary, andsuch ofﬁcerordepamnent ‘sha'llbehonndtoeanyoutsuchorder. -i ., A 34». For the purpose of assisting, promoting or providing reiief to the communitygin response to any threatening disaster situation or disaster, the District Authority may—.- (a) give directions for the wisest: and use of resonrces available with any Department of the Government and the iocal authoriw m the district; (6) control and' restrict vehicular trafﬁc to, hem and Within, the vulnerable or affected area; . - (c) control and restrict theenn'y of any person into, his movement within and ‘ depmtnreﬁeﬁavuhrerableoraffectedarca; _ (d) remove debris, conduct search and any out rescue operations; (e) provide shelter, food, drinking Water and essential provisions, healthcarc and - . services; , (f) establish emergency conunamcatron systems in the affected area; (g) make arrangements tier the disposal of the unclaimed dead hodies; _ . (thceommmrdmanyDeparnnemofﬂreGovmmneMOfmesmoranyMOﬁty or body under that Government at the district level to take such measures as are necessary in its opinion;- V . (nmqmexpensandmuhantsinmerelevsntﬁeldstoadmeandassrstas _ itmaydeemnecessary; . mproememlasweorprefcrmnalmeofamcnmesﬁomanyamhontymperson, (k) comm temporary bridges or outer necessary mm and demolish mmawhmhmaybehamdomtopuhhcmaggmvatemeeﬁ‘eclsofﬂtedrsaster ‘ (I) erasure that the non-govermnenta! organisations carryout their activities in nnocpritohleandnon-discriminateryn'ranner;~ ' (wraremmonumpsamaymmmwwmnrmumnmha V sinution .

16 THE GAZETTE OF INDIA EXTRAORDINARY [Paar II—

CHAPTERV

~ MEASURES BY THE GOVERNMENT FOR DISASTER MANAGEMENT

~35.(2) Subject to theprovisions ofthis Act,‘the Central Government shall take all

such measures as it deems nevessary or expedient:for thepurpose ofdisaster management.

(2) In particularand without prejudice110‘the generality of the provisions of sub- —

section (/), the measures which the Central Governmentmay take under that sub-section

include measures.with respect tto alf orany ofthe followingmatters,namely:—

(a) coordination ofactions oftheMinistries ¢orDepartments ofthe Government

‘ ofIndia, State Governments, National Authority,§State Authorities, governmental and

“non-governmental organisations in‘relation to disastermanagement;

(4) ensure the integration ofmeasures for.prevention ofdisasters and mitigation

by Ministries orDepartments of the Governmenttof trIndia into> their development plans

and projects;

‘ “capacity-building arandt preparednessby theMMinistries orDepartesontsofthe Government

: of India; ° aes

werensure¢ that the Ministriesor+ Departments oftheGovernment of India take

necessary measures for preparedness topromptly and effectivelyrespond to any

threateningdisaster situation ‘ordisaster; we

: @cooperation and assistancetoState:Governments, as requested by them or

otherwise deemed appropriateby

(ndeployment ofnaval,military and air forces, other armed forces ofthe Union

_ or any other civilian personnel as may be required for the purposes ofthis Act,

(g) coordination with the United Nations agencies, international organisations

and governments of foreign countries for the purposes ofthis Act, _

(4) establish institutions for research,training,anddevelopmental programmes

in the field ofdisaster management;

6) ‘such other matters as it deems necessary or expedient for the purposeof

securing effective implementation oftheprovisionsof this Act.

6) The Central Government may extend suchsupporttoother¢countriesaffectedby

major disaster as it may deem appropriate." =~

36. Itshailbe the€ responsibility ofeveryMini orDepartment oofthe Government of

| “India to— es cogs Ales e ;

(a) takemeasures necessary forprevention ofdisasters,mitigation,, preparedness

and capacity-buildingin accordance with theguidelines laid down by the National

*Authority; — ¢

(8) integrate into its development plans and projjects, thetmeasuresfor prevention

ormitigation ofdisastersin accordance with the guidelines laid down by the National

Authority; : . ;

oo (©) respond effectivelyand promptlytoanythreatening disaster situation or

' disasterin accordance with the guidelines ofthe NationalAuthority or the directions

_ ofthe National Executive Committeein this behalf,

(d) review the enactments administered by it, its policies, rules and regulations, . _ with a viewto incorporate thereintheprovisions necessary forpreventiori ofdisasters,

mitigation or preparedness; -

l6 ' THE GAZETTE or mom EXTRAORDINARY [Pm II— CHAPTERV MEASURES mi was GOVERNMENT son olsnsrea MANAGEMENT 35(1) Subject to the provmtons ofthis Act, the Central Government shall take all such measures as it deems necessary or expedIent for the purpose of disaster management (2) In particular and without prejudice to the generality of the provisions of sub- ‘ section (I), the measures which the Central Government may take under that sub—section include measures with respect to all or any of the following matters, namely: ~— {a} coordination ofactions of the Mmistrles or Departments of the Government“ -' of Ind Ia, Suite Governments, Natioha'l Authority, State Authorities, governmental and oon-governmental organisations in relation to disaster management, , ([2) ensure the integration of measures for prevention of disasters and mitigation by Ministries or Departments of the Government of indie into their development plans . and projects}. (4:) ensure appropriate allocation of funds for prevention ofdisasten mitigation, é :‘r-"capacity-building and preparedness hythe Ministries or Departments of the Government ihflnrlia; ‘ -' , (d) ensure that the Ministries or Departments of the Governnmnt of India take necessary. measures for preparedness to promptly and eﬁ'ectiveiy respond to any ' threatening disaster situation or disaster, . -, - N(e) cooperation and assistance to State Govermnents,. as reguested by them or otherwise deemed appropriate by it; ’ ' _ (f) deployment of naval military and air forces, other armed forces of the Union N or any other civilian personnel as may be required for the purposes of ﬁns Act; (g) coordination with the United Nations agencies, international organisations and governments of foreign countries for the purposes othhis Act; , (h) establish institutions for research, training, and developmental programmes in the ﬁeld of disaster management; (i) such other matters as it deems necessary or expedient for the purpose of securing effective implementation of the provisions of this Act _ (3) The Central Government may amend such support to other connoies affected by major disaster as it may deem appropriate ' ‘ 36 It shall be the responsibility of every Mnnstry or Department of the Government of N ,Indiato—v - . . . . , . i (a) take measures necessary for prevention of disasters mitigation, preparedness and capacity—buildingN' In accordance with the guidelines laid down by the National "Authority; ' " (b) integrate into its development plans and projects, the measures for prevention or mitigation ofdisasters In aneurdanee with the guidelines laid down by the National Authority; _ - . . V 7 (c) respond eﬁ‘ectively and promptly to any threatening disaster situation or I disaster‘ In accordance with the guidelines of the National Authority or the directions , of the National Executive Committee In this behalf; ' (a’) review the enactments administered by it, its policies rules and regulations, . N with a view to incorporate therein the provisions necessary for prevention of dIsasters mitigation or preparedness; - *

Sec.1] == THEGAZETTE.OF INDIA EXTRAORDINARY © = 17

“©allocate funds for measures for prevention ofdisaster, mitigation,capasity- building andpreparedness; os

fA]provide assistance to the Nationa Authority and State Governments for—

.drawing upmitigation, preparednessand response plans, capacity- building, data collection andidentificationandi training.of‘Personnel in relation

oo - todisaster management;”

Gi)carryingout rescuee andrelief operations in the affected area;

~ Hid) assessing thedamage fromanydisaster; cee

"(@)carrying out rehabilitationand reconstruction; ee

{g) make availableiitsresources tothe National:Executive‘Committoe ora Stats - Executive Committee forthe purposesofresponding promiptly and.effectively to any —

-» threatening disaster situation or disaster, includingmeasures for—.-...

()providing emergency cominunication ina vulnerable oraffected area;

. transportingpersonnel.andrelief goodsto andfrom theaffectedarea;

wot GB providingevacuation,rescue, temporaryshelteror other immediate

: alle 7 oo : @)setting uptemporary bridges,‘jettiesandlanding places;

(v) providing, drinkingwater, essential provisions, healthcare, andservices in an affected area; _

(#:) take such other actions as itmayconsidernecessaryfordisaster management..

”©Evety Ministry or Departmentofthe Government ofIndia shall—

(a)prepare a disastermanagementplan specifying thefollowing par‘iculars, namely:—

(i) themeasures to be takenby it forprevention andmitigation ofdisasters __ in accordance with the National Pian;

= (ii) the specifications regardingintegration ofsnitgtin measuresin its ' development plansin accordance with the:guidelinesofthe National Authority “and the National ExecutiveCommittee; ; :

“ Giniitsrolesand:responsibilities iinrelationta preparednessandcapacity- - buifding to dealwithanythreatening disaster situation ordisaster;

(iv) its roles and’responsibilities iin regard to proniptlyand effectively, responding to any‘threatening disastersituationordisaster;

@) the.present statusof its preparednesstoperform the rolesand eBtas

wi the measuresse required tto betaken iinorder tto enable it to perform its responsibilities specifiedin sub-clauses (iif) and (iv);

®)review and updateannuallytheplan:referred to in clause (a;

’ (c) forward a.copy of theplanreferred toin clause {a) or clause (8), as the case may be, to the Central GovernmentwhichGovernment shallforward acopythereof to the National Authority foritsapproval.

(2) EveryMinistryor DepartmentoftheGovernmentofIndiashall——

(a) make, while preparing disaster management.plan under clause (a) of sub- section {T),provisions for financing the activities specified therein;

ssh}; ‘ , momma morn EXTRA [i ORB NAIRY " . I‘ ‘7 (e) allocate ﬂuids for measures {of prevention of disaster, mitigation, capacity- building and preparedness; _ ’_ 1. (i) provide assistance to the National Authonty end State Governments for-— (I) drawing up mitigation, preparedness and response plans, capacity- build‘urg, data collection end identiﬁcation and training of personnel In relation " ' todisastermanagement; i V (incarryrngout rescue and reliefoperations rntheaﬁ‘eetederea, (irassseesmgthedamageﬁ’omanydrsaster .. _ ., ‘ (iv)carryingout rehabrlrtattonandreconsuuetron, ‘ (3) make available its resources to the Natlonal Executive Committee or a State Executive Comrainee for the praposes ofresponding promptly and eﬂ'ectively to any ‘ threatening disaster situation or disaster, 'mclndlng meaning: for— -. A (0 providing ernergerrriy comi'nunication in a vulnerable or affected area; (it) transporting personnel and relief goods to and from the aﬁ'ecmd area;‘ ’ ~ {in} providing evacuation, rescue, temporary shelter or other immediate Music-t x , - . _(iv) setting up temporary bridges; ‘jetties and landing plwcs; , (v) providing, drinldng water, essential provisions, healthcare, and services in an affected area; ; (1:) take such oﬂrer actions as itrnay consider necessary for disaster management . 37. (1) Every Ministry or Department of the Government of India shall—— (a) prepare a disaster management plan specifying the following particulars, namely:—~ » (r)the mm to be taken by‘ it for prevention and mitigation of disasters _ in accordance with the National Plan; , » (ii) the speciﬁcations regarding integration of mitigation measures in its ; development plans rn accordance with the guidelines of the National Authority ; and theNational Executive Committee; . . ~ (at) Its roles and responsibilities In relation to preparedness and capacity- » Building to deal with any threatening disaster situation or disaster; (iv) its roles and responsibilities in regard to promptly and effectively responding to any threatening disaster situation at disaster; (v) the present status of its preparedness to perform the roles and not. (vi) the measures required to be taken in order to enable it to perform its responsibilities speciﬁed‘ or sub-clauses (iii) and (iv); . (it) review and update annually the plan referred to in clause (a); ' (c) {onward a. copy ofthe plan referred to in clause (a) orclause (b); as the case may be, to the Central Government which Government shall forward a copythereofto the National Authority for' us approval. (2) Every Ministry or Department of the Goverrrnrent oflndla shall— ' (a) make, while preparing disaster management plan under clause (a) of sub- » section (I), provisions for ﬁnancing the activities speciﬁed therein;

18. THE GAZETTE OF INDIA EXTRAORDINARY {Parr—

{6)furnish a statusreportregardingthe implementation ofthe plan referred toin clause (a) ofsub-section(Z) tothe National Authority, as and when requiredbyit.

38. (2) Subject to the provisions of this Act, each StateGovernment shall take all imeasures specifiedin the guidelines laid downbytheNational Authority and such further measures as it deems necessary oFexpedient, for the purpose ofdisaster management.

(2) Themeasureswhich theState Government:may‘takeundersub-section (2) include _Tpoasureswith respect to alloranyof the following matters, aamely:—

@coordination ofactionsofdifferent departments ofthe Governmentofthe . Statesthe State Authority,DistrictAuthorities, local| authority and other non-

governmentalorganisations,- ” : ,

(b) cooperation andassistance in the disaster management to the National Authority and National Executive Committee, theState Authority and the State Executive Committee, and the District Authorities;

: (©)cooperation with, and assistance to, the Ministries orDepartmentsof the

Government of indiain disaster management, as Toquereed by them or otherwise deemed appropriate by it;.

(@) allocation offundsfor.measures for prevention of disaster,mitigation, capacity-building and preparedness bythe departments of the Government of the Stateinaccordancewiththe provisionsofthe State Plan and the District Plans;

©ensurethatthe iintegration ofmeasures forprevention ofdisaster ormitigation by the departments of the Governmentof the Statein their developmentplans and

projects; {/} integrate in the State development olan, measurestoreduce or‘mitigate the

vulnerability ofdifferent parts ofthe State to different disasters;,

. (g) ensure the preparation of disastermanagement plansby differentdepartments ofthe Statein accordancewiththeguidelineslaid downbythe National Authority and

the State Authority; =

: {h)establishrhent ofadequate warning syetems Pto the level of vulnerable

communities; -

a (2) ensure that different| departments oftheGovernment of the State and the District Authorities take appropriate preparedness measures;

ff) ensurethatiin a threateningdisaster situation or disaster,theresources of different departments ofthe Government ofthe State are madeavailable totheNational

. Executive Committeeorthe State Executive Committee or theDistrictAuthorities, as

__ the case may be,for the purposes of effective response, rescueand relief in any : threateningdisaster situation or disaster; 2 ‘

® provide rebabilitation and| reconstruction tsassistance to the victimsof any. disaster, and e 1 : .

.@such oinermune tst deems necessary‘ expedient forthepurposeof

‘securing effective implementationof,provisions ofthis Act.

39.It shall.be theresponsibilityofeverydepartment ofthe Government ofa State to—

(a)take measiiresnecessary for preventioniof:disasters,tnitigation,preparedness and capacity-buildingin accordance with the guidelines.laid down bytheNational Authorityand the State Authority; | Coe ma,

(by epson eclopnenaepoets te meaner veg ofdisaster.and mitigation; ~ ay

- 18 . no; Guerra or INDIA EXTRAORDINARY I [Pm n— (b) ﬁrmishastamsreportreguding theimplementation of the plan referred to in clause (a) ofsub-sectrou(l)totheNationalAutherrty.asandwhenrequrredhyit 38. (I) Subject to the provisions of this Act, each State Government shall take all measures speciﬁed‘ in the guidelines laid down: by the National Audromy and such further measures as it deems necessary or expedient, iior the purpose of disaster management (2) The measures which the State Government may take under sub-section (1) include ' mossmeswrthrespecttosllormyofﬂrefoliowhrgmttueomly~ (a) coordination of actions ot‘drti'erem deparunents ofthe Government ofrhe . State, 'tlre State Authority, District Authorities, local authority and other non- govemm organisations; ~ , . (b) cooperation and resources the disaster management to the National Authority and National Executive Committee the State Authority and the 'Stste Executive Commune, end the DismﬂAnthorrhes , (c)coopersuonwrdr,andassrstanceto,ureMnnsnresorDepamnentsofﬂte Govment of indie to disaster management, as reqnested by them or otherwise deemed appropriate by it; (:10 allocation of funds for messures for prevention of disaster, mitigation, capacity-building and preparedness by the depamnents of the Government of the Smte' m accordance withthe provisions of the State Plan and the District Plans; (Ie) ensure thatihe' mtegrstion ofmwsures for prevention ofdisaster or mitigation by the departrnents of the Government of the State in their development plans and projects; {)9 integrate in the State development plan, measures to reduce or mitigate the vulnerability of different parts of the State to different disasters; I (g) ensure the preparation ofdisaster management plans bydiﬁ‘erentdepartments of the State m accordance withthe guidelines laid down by the National Authority and the State Authority; " ' . t (h) establishment of adequate warning systems up to the level of vulnerable communities; » . -. (i) ensure that diﬂ‘erent departments ofthe Governmem ofttre' State and the District Audrorities take appropriate preparedness measures; '* (i) ensurethst‘ m sﬂrresterrrngdrsaster emotion or disasterﬁheresources or drﬁ‘eremdepuunenmofﬁrerunnmafﬂteStstemmdeavmlablemmeﬂaumml , Executive Conrmitteeorthe State ExecutiveCommrittee orthe DisnietAuthorities, as . the essemaybe, fordrepurposesofeffecdwnspomrescuemdrehefinany ’tlueatemngdrsastersrurauonordrsaster, f ‘ , (k) provide rehabilitation and reconstruction assismnce to the .vietirns of any. disaster; and . r . (I) sochothermmuersisrtdeemsnecemsryormedtentforthepnrposeof securing effective implementation of provisions of this Act. 39. it shall be the responsibility ofevery department of the Government ofa State to— (a) take Momma for prevention iofdrsasters, mitigation, preparedness and capwtyburldin'g In accordancewith the duddolines laid-down bytheNstional AuthorityandmeStsteArnhoi-ity; - ,. r, ,. .‘ I (b) mteyatehuoitsdevelopmeruplmuandproyeemmemmesforprevapg of disaster and mitigation: , . 7 , ,

tec. 1]. . THE GAZETTE OF INDIA EXTRAORDINARY 19

(©allocate funds forprevention of disaster,mitigation,capacity-buildingand . preparedness; »ar .

(@)respond ‘effectively and promptly to any threatening’disaster situation’ or disasterin accordance withthe State Plan,andin accordance with theguidelines or

= directionsoftheNationalExecutive Commitice andthe StateExecutive Committee;

(©) review theenactments administeredby it, its policies, rules andregulations eeslew toincorporetotherelnthe provisions necessary for preventionof disasters, .mitigationor preparedness;

{/) provideassistance,asrequired, by:the National ExecutiveCommittee, the State Executive CommitteeandDistrictAuthorities, for—

(/) drawing up mitigation, preparedness and response plans, capacity- building, data collectionandd identification sand3 trsining ofpersonnel éin relation to disastermanagement;-

ww assessingthedamagefrom anydisaster;

(itt) carrying outrehabilitationandreconstruction;

(g)make provision forresources.Jn consultation with theState Authority for theimplementation«ofthe DistrictPlanby its authorities atthe districtlevel;

(H) mikeavailableits résources tothe National ExecutiveCommitteeor thé State ExecutiveCommitteeor the DistrictAuthoritiesforthepurposes ofrespondingpromptly and effectively to anydisasterin the State, including measuresfor—

_ Oproviding emergencycommunicationwith a vulnerable or affected area; -

-Qi) transporting personnel andrelief.goods to andfrom the affected area; _

‘(iit)providingevacuation, rescue, temporary shelter or other immediate relic

(iv).carrying outevacuation of persons orlive-stockfrom an area ofany threateningdisaster situation ordisaster;_

) setting uptemporary bridges, jetties andlandingplaces;

oe wyprovidingdrinking water, essential provisions,healthcareand services in an affected area;

@ such other actions asmay benecessaryfor disaster management.

40. wD EverydepartmentoftheStateGovernment, in conformity withthe guidelines laid downby the State Authority,shall— a

(a)prepare adisaster management plan which shaillay¢downthefollowing :-—

-@the typesof disasterstowhich different parts of the State arevulnerable;

i) integration ofstrategies forthepreventionof disaster orthe mitigation ofits effects orboth with the development pane -andprogrammes by the

. (iit) the roles and responsibilities of the departmentofofthe:Sate in the ~ event of any threatening disaster situation or disaster‘and emergency support functioniitisrequired to perform; .

(iv) present status of its preparedness to perform sich roles or responsibilities or emergency supportfunction under sub-clause(iti); Po

(v)the capacity-builditig and preparednessmeasures proposed to be put intoeffect in orderto enable theMinistries or Departments oftheGovernmentof India to disghargetheirresponsibilitiesunder section 37;

inc. 1]., I ma cnznrm or" nmm sxr‘nhoanmnnv - l9 (c)aildcateftn1dsforprevcntionofdrsasur miﬂgahomcapmity-buildingrmd ‘ preparedness; ’. .. .. (com eﬁ‘ectrvelyandpromptiytomytln'eatenmgdrsastersimationor disasterinmordmcewidimesutethmdinaeemdmeewidrdngddelinesor : dueetionsofdieﬂeﬁonalﬁxeamveConmmeeandmeSmeExemnweCormnittee (drewewdleememruitsadministeredbyignspolnmsmlesmdregnhnons 'fmthavnwmmeorporueﬂraehtheprwkimmwyﬁorpnmhohofdisasters, ’ " mitigationorpreparedness;. - (”providemistancqasrequired, bytheNatimralExecntiveCommitteemIe State Executive Committee and DistrictAuthorities, for-- (1) drawing up mitigst'mn, pmpmerhress and response plans, capacity- building, data collection and identiﬁcation and training of personnel at relation to disaster management; (ii) assessing me damage from any disaster, (iii) carrying ont rehabilitation and reconstucboa (g)makeprovision forresources incomltstIonwithdreStateAuthomy for w the implementation ofthe District Plan byits semantics atﬂle district level; '1 (h)makeavaihbiensresomcesmtheNaoomlExecmweCmnmmeeordreState ‘ EmmConmﬁMeorﬂIeDisnrctWesforthepwposesofmspondmgpmnpﬂy andeﬁ‘ectivelytoanydtsastermtheState incledingmeanureSfor—é ._ (innovating emergencycommmicatronwrthavulnembleoraﬂ‘ectedarea, .~ (ii) transporting personnel and relief goods to and lions the affected area; V (it!) providing evacuation, rescue, temporary shelter or other immediate ‘ relieﬁ ' . (iv) carrying out cvscuatidn of persons or live-stock ham an area of any ﬂtreawnmg disaster nitration or disaster; (v) setting up temporary bridges, jetties and landing places; ». - (w) providing drinking water, essential provisions, healtheareandservices in an affected area; a (i) such other actions as may be necessary for disaster management. V 40. (1) Every department of the State Government, In oonformrtywrth the guidelines larddownbydicStateAuﬁiorIty, shall— (a) prepare a disaster management plan which shall lay down the following '— (i) dietypesodesasterstothchdIiferentpartsofthe Statearevulnerabie; (it) integration ofsu'ategies for the prevention ofdisaswr orthe mitigation of its effects or both with the development plans and programmes by the , (in) the roles and responsibilities of the department at the State in the ~ event of any damning disaster situation or disaster and emergency support .ﬁinction' it is required to perform; , (iv) present status of its preparedness to perform such roles or responsibilities or emergency sapport function raider sub-clause (iii); » .. . (v) the capacitybuilding and preparedness measures proposed to be put hrtoeﬁ‘ect inorderto enabledieMinistriesorDepartments oftheGovernmentof India to discharge their responsibilities under section 37;

20 THE GAZETTE OF INDIA EXTRAORDINARY. {Pant it

@)annually review andupdatethe plan referred to inclause {a}; and .

(2) Every department ofthe State Government, whileproparing theplan under sub- - section (7), shall miake provisions for financing the activities specified therein.

(3) Every departmentofthe State Government shail furnish an implementation status report to the State ExecutiveCommitteeregardingthe implementation of the disaster management plan referred to insub-section (). :

\CHAPTERVI |

LOCAL AUTHORITIES

41, ()Subject to the directions oftheDistrictAuthority, a local authority shall-—

(a) ensure that itsofficersandemployees are trainedfordisastermanagement,

(5) ensure that resources relatingto disaster management are so maintained as to be readily available for use in the event of‘any ‘threatening disaster situation or

disaster; :

{c) ensure all construction projects:under it or withinitsJurisdiction ¢conform to . the standards and specifications laid downforpreventionofdisasters ‘andd mitigation by the National Authority, StateAuthority.and the District Authority,-

_ (@) carry out telief, rehabilitation and reconstruction activities in the affected area inaccordance with theState Plan and the District Plan.©

(2) The local authoritymay take such other measures ass may be necessary) for the | disaster management.-

‘CHAPTERVI

NATIONAL INSTITUTE OF DISASTERMANAGEMENT

42. () With effect fromsuch date as the Central Government.may, by:notificationin the Official Gazette appoint in this behalf, there shall beconstituted ¢an institute to be called theNational Institute ofDisaster Management. ‘

(2) The National Institute of Disaster Management shall consist of such sumber of members as may be prescribed bythe Central Government.

(3) The term ofoffice of, and vacancies among, members ofthe National Institute of . DisasterManagementand.manneroffilling such vacancies shallbesuchasmaybeprescribed.

4) ‘There shall be a‘governing body ofthe NationalInstitute ofDisaster Management which shelf be constituted by the Central Government from amongst the members of the

7NationalInstitute ofDisasterManagementiin such manner as maybeprescribed. "

(5) The governingbodyoftheNational Instituteof DisasterManagement shallexercise such powers and discharge such functionsasmaybepresctibed by regulations,

(6)The proceduretobe followed in-excercise ofitspowersanddischarge of its functions by the governing body, and the term ofoffice of, and the manner offilling vacanciesamong the members ofthe governing body, shall be suchasmaybe prescribedby regulations.

(7) Until theregulations are-made under this section, the Contral Government may make- such regulations; ‘and anyregulation so made may be altered or rescindedby the National Institute ofDisaster Managementiin exercise ofits powers.-

(8) Subjecttothe provisionsofthisAct,theNationalInstituteofDisasterManagement. shall function within the broad policiesand guidelines laid down by theNationalAuthority and be responsible forPlanningand promoting training andresearchiin thearea ofdisaster

20 THE GAZETTE IOFI iNDlA EXTRAORDINARY. [Paar II— (b) annually review and update the plan referred to in clause (a); and ‘ (c) lirrnish a copy of the plan referred to in clause (a) or clause (6), as the case may be, to the State Authority. - (2) Every department of the State Government, while preparing the plan under sub- . section (I )1, shall make provisions for ﬁnancing the activities speciﬁed therein. ' (3) Every department of the State Goyemment shall furnish an implementation status report to the State Executive Committee regarding the implementation of the disaster managerhem plan referred to in sub-section(1).' - CHAPTERVI LOCAL Am 41. (I) Subject to the directions of the District Auﬂrority, it local authority shall— (a) ensure that its ofﬁcers and employees are trained tbr disaster management; (6) ensure that resources relating to disaster management are so maintained as to be readily available for use in the event of anythreatenrng disaster situation or disaster; , (c) ensure all construction projects under it or Within rtsjunsdrctlon conform to . ‘the standards and speciﬁcations laid down for prevention of disasters and mitigation by the National Authority, State Authority. and the District Authority,- (a!) carry oat relief, rehabilitation and reconstruction activities in the affected _ area: in accordance with the State Plan and the District Plan (2) The local authority may take such om“ measures as may be necessary for the ‘ disaster management. , 1 CHAPTER“! NKnoNAL lssrrmrs or DISASTER MANAGEMENT 42. (I) With. effect from such date as the Central Government may by notiﬁcation 1n the Ofﬁcial Gazette appoint in this behalf, there shall be constituted an institute to be called the National Institute of Disaster Management. . (2) The National Institute of Disaster Management shall consist of such number of members as may be prescribed by the Central Government. . , (3) The term of oﬁioe of, and vacancies among, members of the National Institute of , I Disaster Management and manner ofﬁlling such vacancies shall be such as maybe prescribed. (4) There shall be a governing body of the National institute ofDisaster Management Which shall“ be constituted by the (Dental Government from amongst the members of the ' I' National institute ofDisaaer Management 111 such manner as may be prescribed " (5) The governing body ofthe National Instinrtc ofDisaster Management shall exercrsc such powers and discharge such functions as may be prescribed by regulations; ' (6) 'I'heprocedureto be followed in excercise of as powersend discharge of its ftmctions by the governing body, and the term of office of, and the manner of ﬁlling vacancies among the members of the governing body, shall be such as may be prescribed by regulations. (7) Until the regulations are made under this section, the Central Government may make such regulations; and any regulation so made may be altered or rescinded by the National Institute of Disaster Management‘ In exercise of' 1ts powers. , 1 . (8) Subjecttorhe provisions ofthisAct, tbeNational Institute ofDisaste'r Management. shall ﬁrnetion within the broad policies and guidelines laid down by the NationalAuthOrity and be responsible for planning and promoting training and research .111 the area of disaster

‘Sec. 4 THEGAZETTE OF INDIA EXTRAORDINARY: 21 cpeenteenmenievaremnlmeeneseor

~management, documentation andnd development ofnational level information base relgting to disaster manegementpolicies,preventionmechanismsandmitigation measures.

(9) Withoutprejudice to the generality ofthe provisions contained in sub-section (8),theNationalInstitute, for the dischargeofits functions, may— :

(2)developtraining modutes,undertake research anddoceentaton in disaster : managementand organise training programmes; _

(8) formulate and implement a comprehensivehumanresource2 development plancovering all aspects ofdisaster management;

(a)provide required assistanceto the training and research institutes for development of trainingand research programmes for. stakeholders including Government functionariesand hndertalce traning of facity members ofthe State evel ‘training institutes; = : ae

.. fe) provide assistanceto the StateGovernments andStatetraining institutesin theformulationof:State level policies,strategies, disastér management frameworkand © anyother assistance as may berequiredbythe StateGovernments or Statetraining institutes forcapacity-buildingofstakeholders, Governmentincludingitsfunctionaries, -

civil Society members, corporate sectorandpeople’selected | representatives; .

“Oh developeducational materialsfor disastermanagement includingacademic and Professional courses;

~ (g) promote awareness:among5stakcholders including collegeorschoolteachers ; and students,technical personnel and othersassociated with muli-hazard mitigation, .

' preparedness and response measures;

(A) undertake, organiseand facilitatestudy courses, conferences, lectures, seminars within and outside thé country to promote theaforesaid objects;

(/) undertake and provide forpublicationof}‘journals,researchpapers and books and establish and maintain librariesin furtheranceofthe aforesaid objects;

~ (f)do all such other lawfil things as are conduciveor incidentaltotheattainment ofthe above objects; and_ . L 3

a)undertake any other function as may be assigned to itby theCentral Government.

43. The Central Government shall provide the’National Institute of Disaster Management with such officers,consultants and otheremployees, as itconsiders necessary, forcarrying out its functions. :

_ Namionat, Disaster RESPONss Force .

44.(1) There shall be constituted aNational Disaster Response Forceforthe purpose. of specialist response to athreatening disaster situation or disaster.

- (2) Subject to the provisions ofthisAct, the Force shall be constitutedinsuch imanner and, the conditions ofservice ofthe members ofthe Force,including disciplinaryprovisions therefor, be such as may beprescribed.

45, The general superintendence, direction and control oftheForce shall be vested and exercisedbytheNational Authority and the command and supervision oftheForce shall vest int an officer tobeappointedbytheCentral Governmentas the Director General of the National Disaster Response Force.

Sec. l} THE W OF INDIA EXTRAORDD‘IARY- 21 . w... magnum, docmncntnﬁoa and development of national level information base relating to disaster nmrmgement policies, prevention mechanisms and mitigation measures. (9) Without prejudice to the generality of the pIoVIsIens conmined in sub-section (8),!heNatienallnstinue, ﬁrﬁcduchugeofhﬁmﬁommya ' (a) develop nninhtg modules. undermke research and dwon‘ In disaster " management and org-abs training programmes; ., , (b) formulate and implement a comprehmsive human resource development ' plan covering all aspects of disaster managemeat; {0) provide assistance in nanonnl level policy formulation, (d) preside. required assistance tothe naming and research institutes for .deveicpment of training and resentsh programmes for stakeholders including GownmmmﬁmchonmresmdmdermkemmgoffecuhymmbemofmeSmelevel‘ training institutes; ' . r . v (2) provide ISsintanse to the State Governments and State training institutes In the {correlationsme level pOheies, strategies, disaster mm mm and ' anyother assistarrceasmny herequired bytheStnte Governments or State training _ mstrhttesforeapesdy-burldmgofmkeholders Govermnem mchIdiirgits-ﬁmctionaries, ' civil society members, corporate sector and people s elected representatives; s (I) develop educational mater-Isis for disaster management including module and professional courses; ' . (3) promote awareness among stakeholders including college or school resellers . and students, technical personnel and others associated with mold-hazard mitigation, I - preparedness and response measures; ' ' (h) undertake, organise and facilitatestndy courses, conferences, lectures, seminars within and outside the‘ country to promote the aforesaid objects; . (I) undertake and provide for publication of Journals, research papers and hooks and establish and maintain libraries In ﬂirtherance ofthe aforesaid objects; ’ v (I) do all such other Inwﬁtl things as are conducive or incidentalto the attainment of the above objects; and v , - _ (k) undertake any other function as may be assigned to it by the Central Government. , 43. The Central Government shall provide the- National Institute of Disaster Management with such ofﬁcers, consultants had other employees, as it considers necessary, for carrying out its functions. ' , . Nmnnoasrmknsrouss Fence 44. (I) There shall be constituted a National Disaster Response Force forthb purpose of specialist response to a directening disaster situation or disaster. (2) Subject to the provisions of tlus Act, the Force shall be constiarted' m such manner . and, the conditions ofservice of the members of the Force, including disciplinary provisions therefor, be such as may be prescribed. 45, The general superintendense, direction and control of the Force shall be veswd and exercised bytheNntionsl Authority and the comma and supervision ofthe Force shall ‘ vest inanoﬁicertobesppointed bytheCcnunl Governmentasthcnirestoraeneralofthe National Disaster Response Force.‘ ‘

220 “THB GAZETTE OF INDIA EXTRAORDINARY {Parr LI—

* CHAPTERIX

~BNance, ACCOUNTS AND Avert

‘ 46,wTheCentralGovernmentmay,by!notificationinthe Official Gazette, constitute a fund to be called the National Disaster Response Fund formeeting:anythreatening disaster situation or disasterand there shall be credited thereto— "

(a) an amountwhich the CentralGovernment may,after.dueappropriationmade byParliamentbylaw inthisbehalf provide;

(6) anygrants that maybe madetyany person or institution forthe purposeof

disastermanagement. “2 000 3

(2) The National Disaster ResponseFund shall be madeavailable to the National

Executive Commitice to be applied towardsmeeting the expensesforemergency response, relief'and rehabilitationinaccordancewith the guidelineslaid down bythe Central Governinent in consultation with the National Authority.

47. (7)TheCentral Governmentmay,bynotification intheOfficial Gazette, constitute a Fund tobe calied theNationalDisasterMitigation Fund forprojects:exclusively for the. purpose ofmitigationand there shall be creditedthereto such. amountwhich the Central Goversiment may,afterduc‘appropriationmadebyParliamentby lawin this behalf,provide.

(2) TheNational Disaster Mitigation Fund’shallbeapplied by theNationalAuthority:

“48. (i) The §State ‘Governmentshall, ‘immediately after notifications issued for constituting the State Authority and the District Authorities, ¢establishfor he Purposes of

this Act thefollowing funds, namely.— Shon

(a)the fund tobe called the State DisasterResponse Fund;

(4) the fund to be called the DistrictDisasterResponse Fund;

(da) thefund to becalledtheDistrict Disaster Mitigation Fund.

(2) The State Government shall ensure thatthe-fundsestablished— -

underclause (a) ofsub-section (/)is availabletotheStateExecutive Committee;

~ Gii) undersub-clause (c) of sub-section (J)isavailable tothe State Authority;

(iif) under clauses (5) and (¢) of sub-section W arte available tothe District

Authority,

48. (2) Every MinistryorDepartment oftheGovernmentofIndia shall make provisions,

_in its annual budget, for funds forthe purposesof:carrying out theactivitiesandprogrammes

Set out in its disaster management plan.

(2) The provisions ofsub-section Ww shall, mutatismastandis, apply to) departments of

the Government ofthe State.

50. Where by reason of anythreateningdisaster situation or disaster, the National Authority or the State Authority or the DistrictAuthorityis satisfied that immediate procurement ofprovisionsormaterials or,the inumediateteapplicetionsofresources areenecessary for rescue orrelief,— Lo

(a) it may authorisetheconcerneddepartment orauthority to maketheemergency .

procurement andin such case, thestandard procedurerequiringinviting oftenders -shalt be deemed to be waived;

(5) a certificate about utilisation of provisions ormaterials by the controlling

officer authorised by the National Authority, State Authority or District Authority,as the case may be,shallbe deemed tobe a validdocumentorvoucherforthepurpose of accounting ofemergency, procurement ofsuchprovisions or materials. :

22. , ' 31113 0mm or INDIA Ex'l‘RAORDlNARY [FAITH-— (IHAP'I‘ERDl linemen, mum AND Aubrr ‘ 46. (I) The Cmtrnl Govermnentrnay by notiﬁcation In the Oﬁiclal Gauche, constitute a hard to be called the National Disaster Response Fund for meeting any threacening disaster sihrntion or disasterand there shall be credited thereto—— (a) an amount which the Central Governmentmay, other due apprOpriation made byParhamentbylawmthrsMhalfprovrde (b) any grantsﬂlat'maybemade by any person or institution forthepurpose of disastermnnafgement. .. , (2) The National Disaster Response Fund shall be more available to the National Enoutioe Committee to be applied towards meeting the expenses for emergency response, rehefarrdrehabrhtauonnawordmewrﬁldregmdelmealmd downbytlreCcntral Government in consultation with the National Authority. ~ 47. (I)TheCentral Government, may, bynotiﬁcaﬁon in theOﬁicial Genome, consume a Fund to be called the National DisasterMicigaﬁonFund foi- projects cxchﬁively fertile. purpose ofmitigation and there shall be credited thereto such emolurt which the Central Gownrimeot may, after due appropriation made by Parliament by low in this behalf, provide (2) The National Disaster Mitigation one shall be applied by the National Authonly- '48. (I) Thes State Government shall immediately after notiﬁcations issued for constituting the State Authority and the District Authorities, establish for the purposes of thisAct the following ﬁmds, namely:———- , . . (a) the fund to be called the State Disaster Response Fund (b) the fund to be called the District Disaster Response Fund; (0) the fund to he called the Statue Disaster Mitigation Fund; (a) the fund to be called the District Disaster Mitigation Fund. (2) The State Government Shall ensure mat the funds established- (1) under clause (a) of mb-sechon (I)' 13 available tothe StateExeculive Conunlttee; ' (it) under sub-clause (c) of sub-section (0' 15 available to ﬁre State Authority; (iii) under clauses (b) and (d) of subsection (1) are available to the District Authority. ‘ , 49. (1)EveryMinistryorDepnrtrrlentofﬁIe Govemmentoﬂndia shall [flake provisions, .in its almunl budget, for funds for the purposes of carrying out the activities and programmes set out in its disaster management plan (2) The provisions chub-section (I) shall, mutatls matarrdir. apply to departments of the Government ofthc Slate 58. Where by reason of any threatening disastersitnation or disaster, the National Authority or the Slate Authority or the District Authority" ls satisﬁed that immediate procurement of provrslons or materials or the immediate application of resources are nominally for resale or reliet',-— , , . I (a) ltnraynudronsctheeoncerned department or sumomylomakcthe emergency ‘ ‘ _ procurement and‘ m such case, the standard p‘rocedme requiring inviting of tenders shall be decnied to be waived; (b) a certiﬁcate about utilisation of provisions or materials by the controlling ofﬁcer authorised by the National Authority, State Authority or District Author-was the case maybe, shallbe deemedtobcavalid docmnentorvoucherforthe purpose of accounting of emergency, procurement of such provisions or materials. ‘ ,

Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY . 23pcSnecitatnstetlecbdrdeennonbchatshenreaabchnshtsSa ae ccd

«SL Whoever,without reasonable causo——" a

_"” @) obstructs any officer or employeeoftheCentral Government ar the State Government, or a person authorised by the National Authority or State Authority or

_ District Authorityinthe discharge ofhis.functionsunderthis Act; or”

(©)refuses to comply with any direction given byor onbebalfof the Centra' Governmentofthe State GovernmentortheNationalExecutiveCommitteeor the State . Executive Committeeorthe DistrictAuthorityunderthisAct,° ”

_ orwith fine,orwith both,and ifsuch obstructionorrefuseltocomplywith directions results

. foraterm whichmayextendtotwoyears. oe ge Be ey 52. Whoever knowingly makes a claim which be knows orhasreasonto believe to be

false for obtaining any relief, assistance, repair, reconstructionorother benefits consequent ‘to disaster from any officer ofthe Central Government; the State Government, the National Authority, the State Authority or the District Authority, shall, on conviction bepunishable with imprisonment for atermwhichmayextend totwo years, and also with fine.

53. Whoever, being entrusted with any money or materials, or otherwise being, in " tustody of, or dominion over, any money or goods,meant for providing relief in-any threatening disaster situation or disaster, misappropriates or appropriates for his own use or disposes ofsuch moneyormaterials oranypart thereofor wilfully compels anyotherperson so to do, shail on convictionbe punishable with imprisonment for a term which may extend totwoyears, andalsowithfine. at nn

54.. Whoever makes or circulates a false alarm orwarning as to disaster or its severity ormagnitude, leading to panic, shall on conviction,be punishable with imprisonment which mayextendto oneyearorwithfine, = mes

55. (/) Whereanoffence underthisActhas been committed byanyDepartmentof the Government, the headofthe Department shallbe deemedto be guiltyoftheoffence and shall beliableto be proceeded against and punishedaccordingly unless he proves that the

_ offence’ was committed without his knowledge or that he exercised all due diligence to preventthecommissionofsuchoffence,= = '__- (2) Notwithstanding anything contained in sub-section (J),where an offence under this Act has. been committed by a Department ofthe Government and it is proved that the offence has been committed withthe consent or connivance of, or is attributabletoany neglect on-the part of, any officer, other than the head ofthe Department, such officer shall - be deemed to be guilty ofthat offence and shall be liable to be proceeded against and

_ punished accordingly. .

_ 56, Any officer, on whom any duty has been imposed by or under this Act and who ceases orrefusestoperform or withdraws himselffromthe duties ofhisoffice,shall, unless he hasobtained the express written permission ofhis official superior or has other lawful excuse for so doing, be punizhable with imprisonment for a term which may extend to one yearorwithfine. : a, : es

57, Ifanypersoncontravenes any o1 Jermade undersection 65, he shailbe punishable. with imprisonment for a term which mayextendto one year.or with fineorwith both.

sac. 1] THE GAZETTE or INDIA EXTRAORDINARY .. ‘ , 23 MW "1&0me ‘ , . . mewm : ‘ i 51. Whoeycr, without reasonable cause-— ' ' . _ ‘ , . ' ' " (a) obstructs any ofﬁcer or employeeofthe Central Goyenunent or the State Government, or a person authorised by the National Authority or State Authority or : DistrictAuthority inthe disc‘hsrge of his‘mnctions‘unde'r thisAct; or " " _ ' -‘ ' (new empower any menu ‘siv‘ea 'byoinniwramw 5' Government “or the sea Government or theNationsl Executive Committee orthe State ‘ Executive Committeeor theDisuictAmhorityumieruiisAcg? ' orwith ﬁngorwithboﬂyand ifsuch obstruction orNﬁzseiMcompl’yWidthns results , hmwﬁwmmmdwswmmwmmmbmmkmmmm , foratemuhichmyeittendtomyears. " ._ . ,. 1 _,~ . -. s, - ~. . 52. Whoever knowingly makes a claim which so hours or hasmsonto believe to be false for obtaining any relief; assistance, repair; reconstruction or'other beneﬁts consequent to disaster rm any ofﬁcer ofthe Comm Govemment,‘ the 8m Government, the National Authority, the State Audiorit‘y or the District Authority, shall, on conviction be punishable with increment for atom whichnaymnd to twoyears, and aim with ﬁne- ~ 53, Whoever, being entrusted with any money or minis, or otherwise being, in " custody of, for dominion over; any “money or goods; meantyt‘or providing relief in , any threatenhtg' disaster situation or disaster, misappropriates 'or appropriates for his ovin use or diSposes ofSuch money or materials or anpr ﬂiereofor'wilﬁrlly compels any other person so to do, shall on conviction he-punishable with imprisonment for a term which may extend totWoyears,andnlsoWitltﬁne. ~ ' * ' ‘ ‘ ' ’ 54,7Whoever makes or circulates a false alarm or warning as to disaster or its severity or magnitude, leading to panic, shall on‘ conviction, be punishable with imprisonment which myemndtoomiearorwiﬂaﬁne. ~ ' ‘ -.. '- 55. (1) Where anolfence under alumna: been committed byonyne‘pmnom ofthe Government, the head ofthe Department shall, be deemed tobe guilty ofﬂte'oﬁ‘ence and shall be liahie'to- he proceeded against and punished accordingly-unless he proves that the . offence was committed without his knowledge or that heex'ercised on due diligence to Preventthecommissionofsuchoﬁ‘once. ' K = ‘ ‘ - " ' , - (2) Notwithstanding anything contained, in sub-section (IL-where on oﬁ‘ence under this Act hwrbeen committed by a Department of the Government and it is proved "that the offence has been committed with the‘consent or connivnnce of; or is attributableto any neglect tin-the part of, any ofﬁcer, other than the head of the Deputtritent, such ofﬁcer shall » be deemed to be guilty of that’oﬂ‘emc and shall be liable to he proceeded against and , pmiished accordingly. " ' , 56. Any ofﬁcer, on whom any duty has been imposed by or under this Act and who ceases 'or‘refuses'toperfonn'or withdraws himself ﬁ-omthe duties of his ofﬁceshsll, unless . he has obtttinethlie express written permission of his oﬁ‘tciui superior or has other lawful . excuse for so doing, be punishable with ir'nprisomnent for storm which may extend to one yearorwiﬂlﬁne.‘ '- . ' .. . , -,. 57. .lzfany person contravenesnn'y or der made under's'ection 65,‘ he shall be punishable. with imprisonment for a term which may extend to'one year-or with ﬁne. orwith both. ~ *1

24 _ THEGAZETTE OFINDIAEXTRAORDINARY [Pane I nt

58. (1) Whereanoffenceunder thisActhasbeen committed by a companyor body corporate, everyperson whoatthe time the offence wascommitted,wasinchargeof,and was responsible to, the company, for the conduct ofthe business ofthe company, as well as the company, shall be deemed to be guilty of the contravention and shall be liable to be

: proceededagainstend punishedaccordingly: . - ae

Provided that nothing iin this sub-sectionshall render any such ppersona liable to any punishment providedinthisAct,ifheprovesthattheoffence was committedwithout his

os ‘knowledge orthat he exercised‘duediligence topreventthe commission ofsuch offence.

BB Notwithstanding anything containedinsub-section (/), where an offence under this Act hasbeencommittedbyacompany, and it is proved that the offencewas committed -with the Gongentorconnivance ofof isattributable toanyneglecton thepart of any director, manager,séctetaryor other officer ofthe:company, such director, manager, secretaryorother officershall also, bedeemed to be guilty ofthatoffence and shallbeliable to be proceeded

against and punishedaccordingly.

Explanation.—For thepurpose ofthis section ~=o ea woe

- @“ompany” mean ayby sorportennd nde fmo her sition * “ofindividuals; and.. 8

~ “@) "director", in relation toafim, means a prize nthe fim,

i §9.No) prosecution foroffences punishable under sections55and 56 shallbe instituted exceptwiththe previous sanction ofthe CentralGovernmentor the StateGovernment,asthe case may be, orofFany:officerauthorisediinn thisbehalf,by general orspecial ‘order, bysuch Government..

"60.No court shall takecognizance ofan offenceunderthisActexceptona2 complain madeby—

_ @the National Authority,theState‘Authority,theCentral Government, the StateGovernment,the DistrictAuthority or any other authority orofficerauthorised in thisbehalfbythatAuthority or Government,asthe case may be; or

‘@) any person whohas given notice of not lessthan thirtydays in the manner _ prescribed, ofthealleged offenceandhis intentiontomake a complaintto tiieNational Authority, the State Authority, the Central Government, theStateGovernment, the

‘District Autocityer any otherauthority or officer suthoriandasafbressid."-

- CHAPTERxr

* MISCELLANEOUS| .

6h1. While providing cosiipensatioa andreliefto the victimsof disaster, thet’ shall be no dlscrkeniantion oon the ground ofsex,caste, comunutiity, descentorreligion.

62.Notwithstanding anything containedinany other law for the timebeing in force, . it shall be lawfulfortheCentralGovernmentto issue directionin writingtothe Ministriesor Departmentsof the’Governmentof India, or the National ExecutiveCommittee or the State

Government, State Authority, StateExecutive Committee, statutorybodiesor any ofits

‘officers or employees, as the case may be, to facilitate or assistinthe disastermanagement

and such Ministry orDepartasntorGovernmentor Authority, ExecutiveCommittee, statutory body, officeroremployee shall bebound.to complywith such direction.

- 63.Any officer or authorityofthe UnionoraState,when requested by theNational Executive Committee, any State Execut:ve Committee or DistrictAuthorityofanyperson authorisedby such:Committee-or Authority in this-behalf, shall. make available to that. Committeeorauthorityorperson, such officersand employees as requestedfor,to perform anyof the functions.in conection withthe prevention ofdisaster or mitigation or rescue of reliefwork.

24 momma or IthAEmAORDmARY L me. —a- 58.(1)_Where anotfence undershisAct has been committed byeeomponyor body corporate, everyperson Whostdretimetheoﬁ‘enoewasconunitted, mhrchsrgeof, and was responsible to, the money, for the conduct of the business of the company, as well as the company shall be deemed to be guilty of the contravention and shall be liable to be - proceeded against and punisbed accordingly; _ ,7, _ Provided we: settling in this sub-section shell render eny such person liable to any punishment provrdedmthrsAct, ifhe provesthmtheoﬁ‘ence was committed without-his ' knowledge or that be exercised due diligence to prevent the continuation of such offence : (2) Notwithstanding rhyming contented ur sub-section (1), where on choose under this Act has beencommittedbyacompsny, and it tsprovedthattbeoﬁ’encewas committed >Mththeconseotorconoivmceoforis smibutsbletoanyneglectonthepmtofanydrrector manager, secretary or other ofﬁcer ofthe company, such director, manager. secretory or other ofﬁcer Shall also, be deemed to be going} either oﬁnce end shall be liable to he proceeded against and punished accordingly. _ Explanation —-—For the purpose of this semen - L" i ' i , . . t . . , _p (a) meemsmybodymomtemdineludeeaﬁmorodmassocmtwn f " _, of individuals; and, (b) "director“, mrelanoutoaﬁrnymeansspmnerintheﬁm A, = ‘ 59. No prosecutionfor offences pmishnble under sections 55 and 56 shall be instituted exceptwitbtheprevious sanction ofthe CentraIGovermnentortire StateGovermnmhosthe case may be, or of any ofﬁcer muhorised' In this behalf, bygeoenl or special order, by such Government , . ‘ 60 No court shall take cognizance ofan offence under this Act except on a complaint made by— , H b (a) the National Auﬂrority, the State Authority, the Control .Govermncny'tbe State Government, the District Audrority or any other authority or ofﬁcer authorised in this behalfby thatAuthority or Government, asthe ebse ruby be; or 1 , (b)mypersoowhohesgiVennotioeofnotiessthantiurtydaysinﬂremonner . preemibed, ofthenllegedoffeocemdhismtendontomakeacomplamttodieﬂattonal Authority, the State Authority, the Central Government, the State Government, the 'DrsbrctAudmﬁyormyoﬂrerauﬁmﬂtyoroﬁicerouwormdasadbresaid” m X! thnnneous A. ‘- . . . .' 61 Whileprovidms compensation and relieftothe victims «dimmers non be no discrimination on the ground of sex, caste, community, descent or religion ' , 62. Notwithstanding myth'b’rg contained or any otlrer raw forthe time being in force, ‘ itshsll be lawful fortheCenttnl Govermnentto issue ducetion' or writingto the Ministries or Departnrents ofthe Government sinks; or the National Executive Committee or the State Government, StateAudrority, StateExeoutive'Cemmittee, stabrtorybodiesormyofits. officers or employees, as the case may be, to facilitate or assist 'in the disaster management and such Ministry or Departmentor Government orAuthority, ExecutiveCormnittee, memory body, ofﬁcer or employee shall be bound to comply with arch direction. - 63. Any oﬁcef—‘orwthbrityofthe Union or "a” State, :when requested by the National Exeemive Committee, any Shite Brrecmive pommitree or DrstrictAutlrontyormyperson authorised by such= Committee or Authority in this behalf,’ shall make available to that . Comntioeeorautlrorityorperson, such emcersend entpioyeesrrsre‘qucstedfot; topcrform any ofthe dietitians in cement-ion withdrepreventionofdisasterormitigatroo or rescue or reliefmd: ,

Sec, 1) . THE GAZETTE OF INDIA EXTRAORDINARY . 25

_ $4 Subject to the provisions‘ofthis Ach|if it appears to the National Executive Committee, State Executive ‘Committeeor the DistrictAuthority, as the case‘may be, that provisions ofeny nile,regulation,notification,guideline,Instruction,‘order, scheme or bye-

_ laws, as thecase maybe, are required to be made or amended forthepurposesofprevention ofdisasters or themitigation thereof, itmayrequire the amendment of such rules, regulation,

“ notification, guidelines,instruction, order, scheme or bye-laws, as the casemay be, for that purpose, and the appropriate department or authority shall take necessary action to comply withthe requirement Seo Ie ot Ng we pe gh to cae ig cee

“65, Ww TfiitappearstotheNationalExecutiveComsnitieg, StateExecutive’Committee or District Authority or any officeras may be authorised byit in this behalfthat— mapes

(a) any resources withany authority or Person are needed ffor thepurpose of prompt response; = / a

~(B) any premises are needed oritytobeneeded fr the purposeoofrrescue “operations; or es. er sete ns Bod, . ee

. (c) anyvehicleis needed wiis likely to be needed |for the5purposes‘oftransport , of resources fromdisasteraffected areds or transportofresources to the affected area ortransport éin connection withseacus, ‘rehabilitation orreconstruction,

such authority:‘may;by. orderiinwriting, requisition such resources or premises.orsuch vehicle, as the case may be,.andmay make suchfurtherorders as'mayappeartcto it to be necessary or expedientin connection with the requisitioning.

’ (2) Whenever anyTesource, premises of vehicleiis requisitioned under. sub-section (2), the period ofsuchrequisitionshall notextendbeyond the period for which such resource, premises orvehicle iis required for anyofthe Purposes mentioned iinthat sub-section.

@)Inthissection,-— ~

(a) “resources”includesmenand materialresources;

: (5) “services” includesfacilities; | .

(2) "premises" means any land, building orr partof.a buildingand includes a hut, ‘shedor otherstructureorany part thereof, .

(®») "vehicle" meansany‘vehicle used or capableofbeingvused for thepurpose - oftransport,whether propelledby.mechanical power or otherwise. :

66. ()‘Whenever,anyComimittee, Authority orofficerreferredto in sub-section ()of © section 65, inpursuance ofthat section requisitions any premises, thereshall be paid tothe persons interested compensationthe‘amount of whichshall be determined bytaking into considerationthefollowing,namely.—

os @therent payable iin respectof'thepremises,or ifnno rentis50 payable,therent payable:for‘similarpremises inthelocality, .

(ii)ifasconsequence of the requisition ofthe pieitisesthe pecstn interested iis '. compelled to changehis residence or place of|business, ththe reasonable expenses tif

: any) incidental tosuch change: Lo boa

“Provided that’ whereany person, interested being aggrieved:by the 2amount of compensation so determined makes anapplication within the thirty days to the Central Government or the State Government, as the case may be, for referring the matter to an arbitrator, the amount ofcompensationtobe paid shall be such 95 the arbitrator appointedin this behalfbythe CentralGovemment ortheState Coverninent, aas‘thecasemaybe,may determine:

Sec. 1] ' ms GAZETTE or INDIA EXTRAORDINARY ,. 25 , _ 64. Subject to the proVIsIons of this Act, if iI appears to the National Executive Committee, State EXecIIIIVe Comrmttee or the District Authority, as the case may be, that , provisions ofaay rule; regulation, notiﬁcation, guideline, instructron, cider, scheme or bye- _ rm, as the case may be, are required to be made or amended for the purposes of prevention of disasters or the mitigatioh thereof, it Inmy require the amendment ofsuch rules, regulation, » notiﬁcation, guidelines, Instruction, order, schenm 6r bye-laws, as the case may be, for that purpose, and the appropriate department or authority shall take necessary action to comply wnhtherequirements. , U , g; ,. , , 1. - .,. 65. (31an to the National Executive Committee, State Executive Committee or District Authority or any ofﬁcer as may be authorised by It In this behalf that—- 3‘3 ‘ " ‘ (a) any resources with any authority or person are needed for the purpose of prompt response; ‘ _ , ‘_ , (b) any premises are needed or lIkely to be needed for the purpose of rescue operations; or .. In. .. , ,. . x. . ,. (c) any vehicle' Is needed or. III likely to be needed for the purposes ol‘transport ' I i ‘ of resources ﬁorn disast:r affected areas or transport of resources to the affected area for transport In connection With rescue, rehabIlItatIon or reconstruction, ' such authority may, by. order In Writing, requisition such resom'eee or premises or such vehicle, as the case may be, and may make such further orders as may appear to it to be necessary or expedient' In connection with the requisitibning (2) Whenever any resource, premises or Vehicle' Is‘ reguis'itioned under sub-section (1), the period of such requisition Shall not extend beyondthe period for which such resource, premises or vehicle. Is required for any of the purposes mentioned' In that sub-section. (3) In this section,— or (a) “resources” includes men and material resources; (:5) ”services" includes facilities; (c) "prenIises" means any land, building or pan of a building and Includes a hut, shed or other snucnne or any part thereof; _' ‘ (4) "vehicle” means any vehicle used or capable ofbemg used for the purpose . of transport, whether propelled by mechanical poWe: or otherwise. - , 66. (1) Whenever any committee ,Authority or ofﬁcer referred to in subsection (1) of _ section 65, in pursuance of that section requisitions any prenuses, there shall be paid to the persons interested compensation the mount of which shall be” determined by taking into consideration the following, namelyt— ‘ . _ I (I) the rent payable' In respect of the premises, or If no rent is so payable, the rent payable for similar premises in the locality; ~ , (ii) if as consequence ofthe requisition of the premises the- person interested' Is ' I compelled to change his residence or place of business, the reasonable expenses (if ’ any) incidental to such change ' I V .. Provided that where any person interested being aggrieved by the amount of ‘ compensation so determined makes an applicaIicn within the thirty days to the Central Government or the State Government, as the case may be, for referring the matter to an arbitrator, the amount of compensation to be paid shall be such as the arbitrator appointed In ' this behalf by the Central Government or the State Government, as the ease nulty be, may determrne: .

26 THEGAZETTE OF INDIA EXTRAORDINARY ss [Parr—

Provided further that where there, is any disputeas tothe titleto receive the compensation or as to theapportionment oftheamountofcompensation, itshall be referred by theCentralGovernment or the State Government, as the casemay be, to:an arbitrator appointed i inthis behalfbytheCentral Government or theState Government, as.the case may -be, for determination, and shall bedetermined in accerdance with thedecision of such arbitrator.

. Explanation.—in this sub-section, the expression “person interested” means the person who was in actual possession of the premises requisitioned under section 65 immediately before the requisition, or where no person was in such actual possession, the owner of suchpremises.

. (2) ‘Whenever any Committee, Authorityorofficer, referred toin sub-section (2) of section 65 in pursuance ofthat section requisitions any vehicle, there shall be paid to the owner thereof compensation the amount of which shall be determined bythe Central Government or the State Government, as the case may be, on the basis ofthe fares or rates prevailing irin thelocality for the hire ofsuch vehicle:

- Provided that where the owner,of such vehiclebeing aggrievedby the amount of compensation :80 determined makes an applicationwithin theprescribedtime to the Central Government or the State Government,’as the case may be, for referring the matter to an

~ arbitrator, the amountofcompensation to be paid shall be such as thearbitratorappointediin ‘this behalfby the Central Government orr theStateGovernment,a‘as thecase may be, may determine: : :

__ « Providedfurther thatwhere immediately before the requisitioningthe vehicle or vessel was by virtue of a hire purchase agreement in the possession ofa person other than the owner, the amount determined under this sub-section.as the total‘compensationpayable iin respect ofthe requisition shall be apportioned between that person and the owner in such thanner as they may agree upon, andin default ofagreement, in such manner as an arbitrator appointed by the Central Government or theState Government, as the-case may be, in this

_ behalfmaydecide.

67. The NationalAuthority, the StateAuthority,0oraDistrictAuthoritymmayrecommend to the Government to give direction to any“authority or person in control of any audio or audio-visual media or such other means ofcommunication as maybe availableto carry any warning oradvisories regarding any threatening disaster situation or disaster, and the said means ofcommunication and mediaas designated shall complywith suchdirection.

68.Every order or decision of the NationalAuthority or the National Executive Committee, the StateAuthority, or theState Executive Committee or the District Authority, Shall be authenticatedby such officers oftheNational Authorityor theNational Executive Comimittee or, the State Executive Committee,ortheDistrictst Authority as inaybbeauthorised byit in this behalf.

- ,69..The National Executive Committee, StateExecutiveCommittee, aas thecasemay be, by general or special orderin writing,may delegate to theChairperson or any othermember or to any officer, subject to such conditions and limitations, ifany, as maybe specifiedin the: order, such ofits powersandfunctions underthis Act as itmay deemNecessary.

70. (7) TheNational Authorityshall prepare once every year, in such form and at such time as may be prescribed, an annual report giving a trueand full account ofits activities during the previous year and copies thereofshall be forwarded tothe Central Government arid that Government shall cause thesameto belaid before both Houses of Parliamentwithin onemonthofitsreceipt. :

2) The StateAuthorityshall prepare onceineveryyear, in such form and at such time as may be prescribed, anannual reportgiving a true and full accountofits activities during the previous year andcopies thereof shal] be forwarded to the StateGovernment and that Government shall cause the sameto be laid before cach Houseof the State Legislature where it consists of twoHouses, or"where such Legislature consists of one House, before that House.

. 26’ . 'l'HE'GAZE’l'l'E. OF'lNDIA EXTRAORDINARY . " " [Paar ll— Provided further ﬁt;at where there is any dispute as to the title to receive the compensation or as to the apportiorunent of the amount ofcompensation, it shall be referred by the Central Government or the State Government, as the case may be, to an arbitrator appointed In this behalf by the Central Government or the State Government, as the case may be, for determination, and shall be determined in accordance With the decision of such arbitrator Explanation. ——In this sub-section, the expression “person interested" means the person who was in actual possession of the premises requisitioned under section 65 immediately before the requisition, or where no person was in such actual possession, the ovmer. of such premises , (2’) Whenever any Committee, Authority er Ofﬁcer, referred to in sub—section (1) of section 65 in pursuance of that section requisitions any vehicle, there shall be paid to the owner thereof compensation the amount of which shall be determined by the Central Government or the State Government, as the case may be, on the basis cf the fares or rates prevaIlIng In the locality for the hire of such vehicle: ' Provnied that where the owner of such vehicle being aggrieved by the amount of _ compensation so dctermmed makes an application within the prescribed time to the Central Clevcrnment Or the State Govenunent, as the case may be, for referring the matter to an v arbitrator, the amount of compensation to be paid shall be such as the arbitrator appointed‘ at this behalf by the Count Government or the State Government, as the case may be, may determine. - . , _ _ Provided limiter that where immediately before the requisitioning the vehicle or vessel was by virtue of a hire purchase agreement in the possession of a person other than the owner, the amount determined under this sub-section as the total compensation payable to respect of the requisition shall be apportioned between that person and the owner in such manner as they may agree upoh, and' In default of agreement, in such manner as an arbitrator appointed by the Central Govemnient or the State Government, as the- -case may be, in this _ behalf may decide 67. The National Authority, the State Authority, or a Dish-iotAutlIority may recommend to the Government to give direction to any authority or person in control of any audio or audio-visual media or such other means of conununication as may be available to carry any ’ warning or advisories regarding any threatening disaster situation or disaster, and the said means of communication and media as designated shall comply with such direction. 68. Every order or decision of the National Authority or the National Executive Commiﬂee, the State Authority, or the State Executive Committee or the District Authority, shall be auﬂtentic'ated by such oﬁicers of the National Authority or the National Executive Committee or, the State Executive Comnuttee, orthe District Audrority, as may be authorised by it In this behalf. . . . 69. The National Executive Commime, State Executive Committee as the case may be, by general or special order' In writing, may delegate to the Chairperson or any other member or to any ofﬁcer, subject to such conditions and limitations, If any, as may be specified' In ﬂIe ‘ order, such of¢its powers and functions under this Act as it may deem necessary. 70. (I) The National Authority shall prepare once every year, in such form and at such time as may be prescribed, an annual report giving a true and hill account of' Its activities during the previous year and copies thereof shall be forwarded to the Central Government and that Government shall cause the same to be laid before both Howes of Parhament within one month ”oi" Its receipt ‘ (2) The State Authority shall prepare once in every year, in such form and at such time as may be prescribed, an annual report giving a true and full account ofits activities during the previous year and copies thereof shall be forwarded to the State Government and that Government shall cause the same to be laid before each House ofthe State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House

Sec. 1] __THE GAZETTE OF INDIA EXTRAORDINARY 27.

_, . 71, No court (exceptthe Supreme Court or a High Court) shallhave jurisdiction to entertain any ‘suit or proceeding in Fespect of anything done, action taken, ordef's made, direction, instruction.orguidelines issued by the Central Government,NationalAuthority, State Government, StateAuthority orDistrictAuthorityinpursuance ofanypower conferred by, or in relation to its functions, bythisAct,

72. The provisionsofthisAct, shall have effect, notwithstanding anything inconsistent therewith contained in any other lawfor thetime being in force or in any instrument having effectby virtué ofany law otherthan thisAct ee,

_ 73. No suit or prosecution or other proceeding shall lie“in any court against the Central Government ortheNationalAuthority or the State Government or the StateAuthority ‘ortheDistrictAuthority or local authority or any officer or employeeofthe Central Government or the National Authority or the State Government or the State Authority or the District Authority or local authority or any persort working for on behalf ofsuch Governmentor_ authorityin respect ofanywork done or purported tohavebeeh done or intended to be done | in good faith by such authorityor Government or such officer or employee or suchperson under.theprovisions ofthisActor the rulesorregulations made thereunder.

| ‘74, Officers and employees ofthe CentralGovernment, National Authority, National ExecutiveCommittee, StateGovernment,StateAuthority, State Executive CommitizeorDistrict Authority shall be immune from legal processin regard to any warning in respectofany — impending disaster communicated or disseminated by them in their official capacityor any action taken or direction issued bythem in pursuance of suchcommunication or dissemination. ps a SO

75. (1)The Central Government may,bynotification in the Official Gazette,make rules for carrying out the purposes ofthis Act.

(2)In particular, and without prejudice to the generality ofthe foregoing power, such rules may provide for all or any ofthe following matters, namely :—

‘(@) the composition and numberofthe membersoftheNational Authority under ' ° sub-section (2), and the term ofoffice and conditions of service ofmembers of the

National Authority under sub-section (4), ofsection 3;

(6)the allowances to be paidto the membersof theadvisory committee under sub-section (2) of section 7; oo

‘(C) the powers andfunctions of the Chairperson of the National Executive Committee under sub-section(3) of'section 8 andthe procedure to be followed by the

- National Executive Committee in exercise ofits powers and discharge ofits functions - under sub-section (4)ofsection 8; : a = (@) allowancestobe paid to thepersonsassociatedwith the sub-committee

constituted by the National Executive Committee under sub-section (3) ofsection 9;

--.. (e) the number ofmembers of‘theNationalInstituteof Disaster Management ~ under sub-section (2), the term ofthe office and vacanciesamong members and the manneroffilling such vacancies under sub-section(3) and the manner ofconstituting the Governing Body. of the National Institute of Disaster Management under sub- section (4)ofsection 42; ates Cees

(/) themanner ofconstitution of the Force, the conditions of service of the membersofthe Force, including disciplinary provisions under sub-section(2) ofsectionat: | "

-— @g) the manner in which notice of theoffence and of the intention to make a complaintto the NationalAuthority, the State Authority, the Central Government, the State Government or the other authority or officer under clause (b) ofsection 60:

(A) the form in which and the time within which annual report is to be prepared under section 70;.

size. 1] , THE GAZETTE or mm». EXTRAORDINARY , . 27. ,, _ . {71,-N0‘00Wk1190ptﬁw Supreme Court or a High Court) shalihave jurisdiction to entertain 'any suit or proceeding in respect of anything done, action taken, orders made, direction, histruction._or‘guideiines issued by the Central Govemment,‘Nationai Authority, State Government, State Authority or District Authority inypursuance of any power conferred ‘_by, or in relation to its ﬁmctions, bymisnct '3 ' _' f ' j “ ‘ g‘ ’ . 72, The provisions omits A‘ci, shaii have eﬁ‘ect, nomithStanding anything inconsistent therewith contained in any other no forthc‘tinie being in» force or in any instrument having effect byyirtue ofany‘izvv‘other motions-Act. A 1.‘ , _ :L _.; I I 73. No 'suit or prosecution or other [proceeding shall “61:: "any court against the Central Government or the National Authority or the State Government or the State Authority 3 orthe Mammy or local audiority or buy ofﬁcer or emobyee ofthe Central Government or the NationaiAuthority, or the State Government or the State Authority or the District Authority or local nuthority‘or any person working for on behalf of'such Govemment‘or 7 authority in respect of anyﬂork done or pin-ported tohave been done or intended to be done ‘ V in good faith by ”such authority or Government or {such oﬁic‘er or empitiyee" or such" person underthcprovisions of this Actor the rules orregulations made thereunder; ~‘V ' ‘ ~ ~ . ' 74; Ofﬁcers and empisy‘ees ;’or the ceﬁoai'obvemmeh, nations: Authority, National ExecutiVe Committee, State GownunencSmerthomy, State Executive Conunittee or District Authority 'shaii be 'immiiiie from legal processin regard to any‘ivaming in respcciof tiny ' » impending diSaster communicated ‘or disseminated by them in their oﬁicial capacity .or any action taken or direction issued ‘byﬁthem ﬂin'lpursucnce of such'co‘mmuniention‘ or dissemination. ’ ‘1 ’ ' I I V 2 V I. ' ’ 75. ( I) The Central Government may, by notiﬁcation in the Oﬂiciai Gazette, make rules , for carrying out the purposes of this Act. ' (2)111 particular, and without prejudice to the generaiity of the foregoing power, such rules may provide for all or any of the following matters, nanieiy :— 0.) the composition and nutribe‘r ofthe members ofthe Notional Authority under ' ' ' sub-section (2), and the term of ofﬁce and conditions of service ofrnembers of the Nationai Authority under subsection. (4); of section 3; , (”the aiiotvanoes to be paid tame members ofthegadvisory committee under sub-section (2) of section 7; - g ' {'(c) the powers and functions of the Chairperson of die thidnel Executive, Committee under sub-section(3) of section 8 and the procedure to he followed by the ‘ National Executive Corninittee in exercise of its powers and dischnrge of its functions . under sub-section («Oofseetion 8; g . ‘ _ _' . ' ' . ' ~ =V' (d) allowit‘nces to‘he paid to the persons associated vviththe sub-conunittee ‘ ' eunsthuted by the National Executive Committee wider sub¥seetion (3) of section 9; V - -- (e) the number of members ofthe Nationalinstituteiof Dictator Management I under sub-section (2), the term ofthe ofﬁce imii~ vacancies ’among' members and the manner of filling Such vacancies under sub-section(3) and the manner of constituting the Goveming Body, of the National Institute of Disaster- Management under sub~ MtiOhiﬂotfsectionﬂ; ‘ ‘ - s . ~-«~ . - 4'? (f) the manner of ‘ constitution of the Force, the conditions of service of the members of the Force, including disciplinary provisions under subsection (2) of section ._ 44; , , y 1 V i (g) the manner in which notice of the, offence and of the, intention to make a complaint’to the Nationsi‘Amhorhy, the state Audiority, the Central Government, the State Government or the other authority or ofﬁcer under clause (6) of section 60; , (h) the form in which and the time "Within which annual report is to be prepared under section 70; i t

“28 . THE GAZETTE OF [NDIA EXTRAORDINARY [Pant Il—

(

0)any other matter whichis tobe,Ormay be, prescribed, or in respect‘of which

provision is to be made byrules.

16. (1) TheNational Institute ofDisaster‘Management,‘with the previous approval of the Central Government may, by notification in the Official Gazette,makeregulations consistent

- with this Act and the rules madethereundertocarryout the purposes ofthis Act.

(2) In particular, andwithout prejudice to thegenerality oftheforegoing power, such

regulationsmayprovide for all or any ofthe followingmatters, namely:—

{a}powersandfunctions.tobe exercisedand dichargedbythe ggoverningbody;

' (b) procedure to be followed bythe governing bodyin exercise ofthe powers

andi discharge of its functions;

; “ey any othermatterfor which under this Act pprovision may bemade by the

regulations, . ee

- 77.Everyrule made by:theCentral Governmentand everyregulation made by the National Institute ofDisaster Management under this Act shall be laid, as soon as may be after it-is made, before each House ofParliament, whileit is in session, for a total period of ‘thirty days which may.be comprised ofone session or in two or more successive sessions,

and if, before the expiry ofthe session immediately following the session orthe successive

sessions aforesaid,bothHouses agree inmakingany modificationin theruleorregulation or bothHouses agree that the rule orregulationshould not bemade, the ruleorregulation sshall thereafter have effectonlyin suchmodified form or be ofnoeffect,as the case maybe; so,

“however, thatanysuchmodification orannulmentshall be without prejudice tothe validity

ofanything previously done under that rule orTegulation.

78. (1)The StateGovernment may, by:notification iin the Official Gazette, make rules to ' carry out theprovisions ofthis Act.

(2) Inparticular, and without prejudice to thegenerality ofthe foregoing power, such rules mayprovide for all or any ofthe following matters, namely:—

(a) the composition and number of themembers of the State Authority under

sub-section (2), and the termofoffice andconditions ofservice ofthe members ofthe

State Authority undersub-section Q), of section 14;

. (bythe allowances to be paidto the members oftheadvisory committee under sub-section(2) of‘section 17;

- under sub-section(3), and the procedure to be followed bythe State Executive

"Committeein exercise ofiits powers and discharge ofitsfinctionsundersub-section “(Mofsection20; > os

@allowancesto be paidto thepersons associated pitha the sub-committee

;_ constituted by theState Executive Committceunder sub-section (3) ofsection21;

_.. _ :{@) the composition and the number ofmembers ofthe DistrictAuthority under “'gub-section (2), and the powers and functions to be exercised and discharged by the _Chief Executive Officer oftheDistrictAuthorityander sub-section (3)ofsection 25;

2 allowances payable to thepersons associated withany committee constituted

by the DistrictAuthority as expertsunder sub-section (3) ofsection28;.

(g) atty other matter whichis tobe, ormaybe, Prescribed,orrinrespectof which

(3) Every rule made by the State Government under this Actshall be laid, as soon as

maybe after itis made, before each House ofthe State Legislature whereit consists oftwo

Houses, orwheresuchLegislature consists ofone Housebefore that House. _

'28 I THE GAZETTE 0F INDLA EXTRAORDINARY [PART il— l (0 any other matter which Is to by, er may be, prescribed, or in respect of theh provision is to be made by rules ‘76. (I) The National Institute of DIsaster Management, with the previous ppproval of the Central Government may, by notiﬁcation in the Oﬂic‘ial Gazette make regulations consistent 1 with this Act and the rules made thereunder to carry out the purposes of this Act (2) In particular, and without prejudice to the generality ofthe foregoing power, such regulations may provide for all or any of the following matters, namely: —- (a) powers and functions to be exercised and dichurged by the governing body; (b) procedure to be followed by the governing body in exercise of the powers and discharge of its functions; _ (c) any other matter for which under this Act provision may be made by the regulations , , . . . , . 77. Every rule made by the Central Government and eva regulation made by the National Institute of Disaster Management under this Act shall be laid, as seen as may be aﬁer it is made, before each House ofParllament, while it Is in session, ibr a total period of thirty days which may be comprised of one session or in two or more successive sessions, and if, before the expiry of the session Immediately following the session or the successive sessions aforesard,bothHouses agree in making any modiﬁcation to the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereaﬁer have effect only' In such modiﬁed form or be of no effect, as the case may be; so,‘ ’ hotvever; that any such modrfcatron or annulment shall be without prejudice to the validity of anything previously cone under that rule or regulation 78. (I) The State Government may, by notification In the Oﬁicial Gazette, make rules to ' carry out the provisions of this Act ' (2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: ~— (0) the composition and number of the members of the State Authority under sub-section (2), and the term ofoﬁice and conditions of service of the members of the State Authority under sub-section (5), of section 14, (b) the allowances to be paid to the members of the advisory conunittee under sub-section (2) of- section 17; ' . (c) the powers and functions of the Chairperson ofthe State Executive Comittee under sub-section (3), and the procedure to be followed by the State Executive ' Committee' to exercise of" Its powers and discharge of its functions outlet sub-section- (4) of section 20; “ I = (d) allowances to be paid to the persons associated with the sub-committee constituted by the Siate Executive Committee under subsection (3) of section 21; 1 , (e) the composition and the number of members of the District Authority under sub-section (2}, and the powers and functions to be exercised and discharged by the Chief Executive Officer oftiIe District Authority under sub-section (3) of section 25; . - (f) allowances payable to the perenna associated with any committee constituted ' by the District Authority as experts under sub-section (3) of section 28;. (3) any other matter which' Is to be, or may be, prescribed, or in respect ofwhielz ‘ provision is to be made by rules ’ ‘ , (3) Every rule made by the State Government under this Act shall be laid, as soon as maybe aﬁer it“ as made, before each House of the State Legislature where. it consists of two Houses, or where such Legisluture consists of one House before that House, .,

_ See. 1 THE GAZETTE OF INDIA EXTRAORDINARY 29

79. (1)any difficulty arises ingiving effect to the provisions ofthis Act, the Central

Government or the State Government, as the case may be, by notification in the Official

Gazette, make order not inconsistent,with the provisions ofthis Act as may appear to it to be

necessary orexpedient for the removal ofthe difficulty:

Provided that no such order shall be made after the expiration oftwo years from the

commencement ofthis Act.

(2) Every order made under this section shall be laid, as soon as may be after it is - made, before each House ofParliament or the Legislature, as the case may be.

T.K. VISWANATHAN, Secy. to the Govt. of India.

. Sec. 11 THE GAZETTE OF INDIA EXTRAORDINARY 29 79. (1).If any difﬁculty arises in giving'eﬁ'eet to the provisions oft’his Act, the Central Govemmmt or the State Government, as the case may be, by notiﬁcation in the Ofﬁcial Gazette, make order not inconsistent with the provisions ofthis Act as may appear to it to be necessary or expedient for the removal cfthe difﬁculty , Provided that no such order shali be made aﬁer the expiratiori of two years ﬁ'qm the commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be 8361' it is ' made, before each House of Parliament or the Legislature, as the case may be. '1‘. K. VISWANATHAN, Secy. to‘ the qut. of India.

Rajasthan act 53 of 2005 : The DM Act, 2005

SECTIONS