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Disaster Management Act, 2005 Chapter IV

Title: District Disaster Management Authority

State: Central

Year: 2005

.....an emergency, have power to exercise all or any of the powers of the District Authority but the exercise of such powers shall be subject to ex post facto ratification of the District Authority. (3) The District Authority or the Chairperson of the District Authority 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 be, to the Chief Executive Officer of the District Authority, subject to such conditions and limitations, if any, as it or he deems fit. Section 27 - Meetings The District Authority shall meet as and when necessary and at such time and place as the Chairperson may think fit. Section 28 - Constitution of advisory committees and other committees (1) The District 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) The District Authority shall, from amongst its members, 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 be.....

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Disaster Management Act, 2005 Chapter V

Title: Measures by the Government for Disaster Management

State: Central

Year: 2005

.....disaster; and (l) such other manors as it deems necessary or expedient for the purpose of securing effective implementation of provisions of this Act. Section 39 - Responsibilities of departments of the State Government It shall be the responsibility of every department of the Government of a State to-- (a) take measures necessary for prevention of disasters, mitigation, preparedness and capacity-building in accordance with the guidelines laid down by the National Authority and the State Authority; (b) integrate into its development plans and projects, the measures for prevention of disaster and mitigation; (c) allocate funds for prevention of disaster, mitigation, capacity-building and preparedness; (d) respond effectively and promptly to any threatening disaster situation or disaster in accordance with the State Plan, and in accordance with the guidelines or directions of the National Executive Committee and the State Executive Committee; (e) review the enactments administered by it, its policies, rules and regulations with a view to incorporate therein the provisions necessary for prevention of disasters, mitigation or preparedness; (f) provide assistance,.....

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Disaster Management Act, 2005 Chapter III

Title: State Disaster Management Authorities

State: Central

Year: 2005

.....of emergency, have power to exercise all or any of the powers of the State Authority but the exercise of such powers shall be subject to ex post facto ratification of the State Authority. Section 19 - Guidelines for minimum standard of relief by State Authority The State Authority shall lay down detailed guidelines for providing standards of relief to persons affected by disaster in the State: Provided that such standards shall in no case be less than the minimum standards in the guidelines laid down by the National Authority in this regard. Section 20 - Constitution of State Executive Committee (1) The State Government shall, immediately after issue of notification under subsection (1) of section 14, constitute a State Executive Committee to assist the State Authority in the performance of its functions and to coordinate action in accordance with the guidelines laid down by the State Authority and ensure the compliance of directions issued by the State Government under this Act. (2) The State Executive Committee shall consist of the following members, namely:-- (a) the Chief Secretary to the State Government, who shall be Chairperson, ex officio; (b) four.....

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Disaster Management Act, 2005 Chapter II

Title: The National Disaster Management Authority

State: Central

Year: 2005

.....of emergency, have power to exercise all or any of the powers of theNational Authority but exercise of such powers shall be subject to ex postfacto ratification by the National Authority. Section 7 - Constitution of advisory committee by National Authority (1) The National Authority may constitute an advisory committee consisting of experts in the field of disaster management and having practical experience of disaster management at the national, State or district level 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 Central Government in consultation with the National Authority. Section 8 - Constitution of National Executive Committee (1) The Central Government shall, immediately after issue ofnotification under sub-section (1) of section 3, constitute a NationalExecutive Committee to assist the National Authority in the performance of itsfunctions under this Act. (2) The National Executive Committee shall consist of thefollowing members, namely:-- (a) the Secretary to the Government of India in charge ofthe Ministry or Department of the.....

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Disaster Management Act, 2005 Chapter VII

Title: National Institute of Disaster Management

State: Central

Year: 2005

.....made may be altered or rescinded by the National Institute of Disaster Management in exercise of its powers. (8) Subject to the provisions of this Act, the National Institute of Disaster Management shall function within the broad policies and guidelines laid down by the National Authority and be responsible for planning and promoting training and research in the area of disaster management, documentation and development of national level information base relating to disaster management policies, prevention mechanisms and mitigation measures. (9) Without prejudice to the generality of the provisions contained in sub-section (8), the National Institute, for the discharge of its functions, may - (a) develop training modules, undertake research and documentation in disaster management and organise training programmes; (b) formulate and implement a comprehensive human resource development plan covering all aspects of disaster management; (c) provide assistance in national level policy formulation; (d) provide required assistance to the training and research institutes for development of training and research programmes for stakeholders including Government functionaries.....

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Disaster Management Act, 2005 Section 42

Title: National Institute of Disaster Management

State: Central

Year: 2005

.....made may be altered or rescinded by the National Institute of Disaster Management in exercise of its powers. (8) Subject to the provisions of this Act, the National Institute of Disaster Management shall function within the broad policies and guidelines laid down by the National Authority and be responsible for planning and promoting training and research in the area of disaster management, documentation and development of national level information base relating to disaster management policies, prevention mechanisms and mitigation measures. (9) Without prejudice to the generality of the provisions contained in sub-section (8), the National Institute, for the discharge of its functions, may - (a) develop training modules, undertake research and documentation in disaster management and organise training programmes; (b) formulate and implement a comprehensive human resource development plan covering all aspects of disaster management; (c) provide assistance in national level policy formulation; (d) provide required assistance to the training and research institutes for development of training and research programmes for stakeholders including Government functionaries.....

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Disaster Management Act, 2005 Complete Act

Title: Disaster Management Act, 2005

State: Central

Year: 2005

.....- Offences by Departments of the Government Section56 - Failure of officer in duty or his connivance at the contravention of the provisions of this Act Section57 - Penalty for contravention of any order regarding requisitioning Section58 - Offence by companies Section59 - Previous sanction for prosecution Section60 - Cognizance of offences Chapter XI Section61 - Prohibition against discrimination Section62 - Power to issue direction by Central Government Section63 - Powers to be made available for rescue operations Section64 - Making or amending rules, etc., in certain circumstances Section65 - Power of requisition of resources, provisions, vehicles, etc., for rescue operations, etc. Section66 - Payment of compensation Section67 - Direction to media for communication of warnings, etc. Section68 - Authentication of orders or decisions Section69 - Delegation of powers Section70 - Annual report Section71 - Bar of jurisdiction of court Section72 - Act to have overriding effect Section73 - Action taken in good faith Section74 - Immunity form legal process Section75 - Power of Central Government to make rules Section76 - Power to make regulations Section77 - Rules.....

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Disaster Management Act, 2005 Section 24

Title: Powers and Functions of State Executive Committee in the Event of Threatening Disaster Situation

State: Central

Year: 2005

.....for the purposes of emergency response, rescue and relief; (g) require experts and consultants in the field of disasters to provide advice and assistance for rescue and relief; (h) procure exclusive or preferential use of amenities from any authority or person as and when required; (i) construct temporary bridges or other necessary structures and demolish unsafe structures which may be hazardous to public; (j) ensure that non-governmental organisations carry out their activities in an equitable and non-discriminatory manner; (k) disseminate information to public to deal with any threatening disaster situation or disaster; (l) take such steps as the Central Government or the State Government may direct in this regard or take such other steps as are required or warranted by the form of any threatening disaster situation or disaster.

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Disaster Management Act, 2005 Section 37

Title: Disaster Management Plans of Ministries or Departments of Government of India

State: Central

Year: 2005

.....required to be taken in order to enable it to perform its responsibilities specified in sub-clauses (iii) and (iv); (b) review and update annually the plan referred to in clause (a); (c) forward a copy of the plan referred to in clause (a) or clause (b), as the case may be, to the Central Government which Government shall forward a copy thereof to the National Authority for its approval. (2) Every Ministry or Department of the Government of India shall-- (a) make, while preparing disaster management plan under clause (a) of sub-section (1), provisions for financing the activities specified therein; (b) furnish a status report regarding the implementation of the plan referred to in clause (a) of sub-section (1) to the National Authority, as and when required by it.

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Disaster Management Act, 2005 Section 40

Title: Disaster Management Plan of Departments of State

State: Central

Year: 2005

.....function under sub-clause (iii); (v) the capacity-building and preparedness measures proposedto be put into effect in order to enable the Ministries or Departments of theGovernment of India to discharge their responsibilities tinder section 37; (b) annually review arid update the plan referred to inclause (a); and (c) furnish a copy of the plan referred to in clause (a) orclause (b), as the case may be, to the State Authority. (2) Every department of the State Government, whilepreparing the plan under sub-section (1), shall make provisions for financingthe activities specified therein. (3) Every department of the State Government shall furnishan implementation status report to the State Executive Committee regarding theimplementation of the disaster management plan referred to in sub-section (1).

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