Court : Supreme Court of India
..... section 54 of the disaster management act, 2005 provides for punishment to a person who makes or circulates a false alarm or warning as to disaster or its severity or magnitude, leading to panic. ..... in the wake of the orders that have been issued under the disaster management act, 2005, there are possibilities of rumour mongering, including those relating to shortage of food and other essential services and commodities.2. ..... on 24.03.2020, the ministry of home affairs issued a public order proclaiming that in view of the orders that had been issued under the disaster management act, 2005 (lockdown measures) which read as under: 1. ..... 1 the disaster management act, 2005 writ petition (criminal) no.154 of 2020 vinod dua vs. ..... punishment for false warning. ..... in case of a pandemic, any false news necessarily have a tendency of creating panic and, therefore, the disaster management act provides for certain offences and penalties. ..... sections 52 and 54 of the disaster management act read as under:- section 52. ..... - whoever knowingly makes a claim which he knows or has reason to believe to be false for obtaining any relief, assistance, repair, reconstruction or other benefits consequent to disaster from any officer of the central government, the state government, the national authority, the state authority or the district authority, shall, on conviction be punishable with imprisonment for a term which may extend to two years, and also with fine. .....
Tag this Judgment!Court : Supreme Court of India
..... counsel for the appellant contends that the directions issued by the division bench of kerala high court in paragraph 14 to take actions against homeopathic doctors, who prescribe any drug as a cure for covid-19 disease should be proceeded with under the provisions of disaster management act, 2005 was uncalled for and beyond ..... letter dated 6.3.2020, it is open for the respondents to take appropriate action under the provisions of the disaster management act, 2005, and the orders of the governments, both central as well ..... has emphasised that if any qualified doctor practising ayush medicine, makes any advertisement or prescribes any drugs or medicines, as a cure for covid-19 disease, except as prescribed in letter dated 6.3.2020, it is open to the authorities to take appropriate action under the provisions of the disaster management act, 2005. ..... by the high court in paragraph 14 has made vulnerable the homeopathic practitioners from being proceeded with under disaster management act, 2005 and actions by police and other medical staff, which is demoralising the practitioners of homeopathy.12. ..... , clearly prohibited by the 16 regulations framed in section 33 read with section 24 of homeopathy central council act, 1973 namely the homeopathic practitioners (professional conduct, etiquette ..... homeopathic approach - homoeopathic approach it is advised that before taking up for homoeopathic medicines for prophylaxis, amelioration and mitigation, physician must acquaint himself of above sections. .....
Tag this Judgment!Court : Kerala
..... , whether in exercise of the power under section 34 of the disaster management act, 2005 (hereinafter referred to as the 2005 act ), the district management authority can direct for demolition of the construction belonging to a private individual standing on an underground canal so as to carry out renovation and repair works of the said canal which became imminent due to the fact that the structure of the canal has outlived its life and would have led to a disaster within the meaning of the 2005 act? 2. ..... we thus hold that the power under section 34 of the disaster management act, 2005 can be exercised by the district disaster management authority to take any measure in implementing the statutory disaster management plan or to take any measure towards disaster management. ..... therefore, by virtue of the provisions contained in section 34 of the disaster management act, 2005, steps have been taken to remove the block against free flow of water, especially to the natural water course. 44. ..... more so when under section 33 of the disaster management act, 2005, the district authority can direct the local authority to take such measure which may include direction to demolish a building. ..... the provision of section 33 of the act further throw sufficient light on the powers given to the authority under the disaster management act, 2005. ..... the disaster management act, 2005 was enacted to provide for effective management of the disaster and matters connected there with or incidental thereto. .....
Tag this Judgment!Court : Supreme Court of India
..... the petitioner s case as noticed above is that the centre should come up with detailed guidelines under section 12(ii) and (iii) of disaster management act, 2005, recommending special provisions to be made for widows and orphans and ex-gratia assistance to be provided to the kith and kin of those losing life because of covid-19 infections but also as a result of harsh lockdown restrictions. ..... research provide training technical & support studies on vulnerabilities and capacities covering social, physical, economic, ecological, gender, social inclusion and equity aspects short-term (t1) develop guidelines recurring/ regular (rr) support for organising training extend technical support 3 dissemination of warnings, data & information mhfw, mha, mod, moes, mafw, moefcc, ndma hfwd, dmd$, sdma, drd, udd, dwsd, efd, ahd, wcd, dsje, pri, ulb, slrti, ddma hfwd*, dmd$, sdma, drd ..... zoning/mapping mhfw* (ncdc), mafw, mha, mod, moes, moefcc, mor, mlbe, meity, ndma recurring/ regular(rr) support training extend technical support for medium term(t2) establishment of warning system strengthening early idsp and early warning systems at regional levels epidemiological disease mapping health facilities mapping 35 recurring/ regular(rr) maintaining preventive measures as per norms short term(t1) strengthening integrated health surveillance systems medium term(t2) establishing and hfwd*, dmd$, sdma, rd, .....
Tag this Judgment!Court : Supreme Court of India
..... . keeping all the factors in mind we issue the following directions: as mandated by section 44 of the disaster management act, 2005 a national disaster response force with its own regular specialist cadre is required to be constituted ..... the disaster management act, 2005 (hereinafter referred to as the dm act ) has been on the statute book for more than a decade since it received the assent of the president on 23rd december, 2005. ..... section 6 of the dm act provides for the powers and functions of the ndma and these include laying down policies on disaster management, approving the national plan prepared under section 11 of the dm act and to take such other measures for prevention of a disaster or the mitigation or preparedness for dealing with a threatening disaster situation.24. ..... the statement of objects and reasons for enacting the dm act is, inter alia, as follows:- the government have decided to enact a law on disaster management to provide for requisite institutional mechanisms for drawing up and monitoring the implementation of the disaster management plans, ensuring measures by various wings of government for prevention and mitigating effects of disasters and for undertaking a holistic, coordinated and prompt response to any disaster situation. 18. .....
Tag this Judgment!Court : Supreme Court of India
..... regulatory framework for the regulation of nuclear related activity, we have other related laws which have to be applied and read in tandem like the factories act, 1948, the indian electricity act, 2003, the environment (protection) act, 1986, the water (prevention and control of pollution) act, 1974, the air (prevention and control regulation) act, 1981, the water (prevention and control of pollution) cess act, 1977, the indian explosives act, 1884, the disaster management act, 2005, the ..... , established under section 3 of the dm act, is responsible for each of the three phases of disaster management continuum with six major responsibilities, namely, pre-disaster (prevention, mitigation and preparedness), during disaster (rescue and relief) and post-disaster (rehabilitation and ..... there is no mobile monitoring system available with law and order authorities which can warn them of any significant/abnormal rise in background radiation levels in the public domain ..... all probability will be the first to reach the site of an explosion, should have some simple portable monitoring instruments (at each police station within the areas with radiological threat perception) which will warn them as they approach the radiation source (from, say, a blast of rdd). ..... comes up before this court, it is the bounden duty to remind the authorities be alert, remain always alert and duty calls you to nurture constant and sustained vigilance and nation warns you not to be complacent and get into a mild slumber .....
Tag this Judgment!Court : Supreme Court of India
..... regulatory framework for the regulation of nuclear related activity, we have other related laws which have to be applied and read in tandem like the factories act, 1948, the indian electricity act, 2003, the environment (protection) act, 1986, the water (prevention and control of pollution) act, 1974, the air (prevention and control regulation) act, 1981, the water (prevention and control of pollution) cess act, 1977, the indian explosives act, 1884, the disaster management act, 2005, the atomic ..... adequate national policy in regard to atomic power, to co- ordinate such policy with the central electricity authority and the state electricity boards constituted under sections 3 and 5 respectively of that act and other similar statutory corporations concerned with the control and utilisation of other power resources, to implement schemes for the generation of 1[ either by itself or through any authority or corporation established by it or a government company,] electricity in pursuance of such policy and to operate ..... there is no mobile monitoring system available with law and order authorities which can warn them of any significant/abnormal rise in background radiation levels in the public domain ..... in all probability will be the first to reach the site of an explosion, should have some simple portable monitoring instruments (at each police station within the areas with radiological threat perception) which will warn them as they approach the radiation source (from, say, a blast of rdd). .....
Tag this Judgment!Court : Supreme Court of India
..... undoubtedly the disaster led to widespread damage to life, limb and property and according to the petitioners, the adverse impact of the disaster could have been mitigated had there been effective implementation of the disaster management act, 2005 (for short the act ) and adequate preparedness by the state government of uttarakhand. ..... it was also brought out that under section 23 of the act, each state is required to formulate a state plan for disaster management and under section 31 of the act each district is required to formulate a plan for disaster management. ..... as far as the preparation of the state plan under section 23 of the act is concerned, we have been informed by learned counsel for the ndma that all states except andhra pradesh and telangana have prepared a state disaster management plan which is very much in place.12. ..... in further compliance with the provisions of the act, a state disaster management authority has been constituted in all the states and union territories under section 14 of the act and a state executive committee mandated under section 20 of the act has been constituted except in the union territory of chandigarh.9. ..... as far as the districts are concerned, it is stated that the district disaster management authority has been constituted in every district under section 25 of the act and out of 684 districts in the country, a district disaster management plan is in place in 615 districts while it is under process in the remaining districts.13. .....
Tag this Judgment!Court : Kerala
..... the disaster management act was enacted in the year 2005 with the intention to provide for the effective management of disasters. ..... therefore, by exercising the power under section 65 of the dm act, a premises can be demolished and compensation be paid to the persons concerned under section 66 of the dm act and thereafter, it can acquire the land under the land acquisition act in the event the authority finds that it is impossible to restitute the loss caused to the private person or if the premises need to be retained for the disaster management for the future. ..... this power as seen from section 65 of the dm act can only be exercised for such period during which resources may be required for disaster management. ..... the state authority lays down the state disaster management policy (see section 18 of the dm act). ..... section 2(e) of the dm act defines disaster management as follows: 2(e) 'disaster management' means a continuous and integrated process of planning, organising, coordinating and implementing measures which are necessary or expedient for:- (i) prevention of danger or threat of any disaster; (ii) mitigation or reduction of risk of any disaster or its severe 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; (vii) evacuation, rescue and relief; (viii) rehabilitation and reconstruction. 10. .....
Tag this Judgment!Court : Supreme Court of India
..... it is also prayed for an appropriate writ, direction or order directing the respondents union of india to take adequate measures of reliefs to the disaster affected persons in accordance with letter and spirit of disaster management act, 2005, more particularly sections 12 and 13 of the said act, more particularly to the reliefs with respect to waiver of loan and/or interest on all kind of loans availed by the borrowers/disaster affected persons through a well informed ..... to direct the union of india to take adequate and effective measures of reliefs to the disaster affected persons in accordance with letter and spirit of disaster management act, 2005, more particularly in terms of sections 12 and 13 of the said act, and such reliefs including inter alia suitable waiver of loan and/or interest on all kind of loans availed by the borrowers/disaster affected persons through a well informed and formulated policy. 1v. ..... issues arising out of the disaster of covid 19 can be addressed without travelling the course of path under the disaster management act, 2005 (hereinafter referred to as the dma2005); iv) that the statement of objects and reasons of dma2005specifically states that the dma2005has been enacted to provide for requisite institutional mechanisms for drawing up and monitoring the implementation of the disaster management plans, ensuring measures by various wings of government for prevention and mitigating effects of disasters and for undertaking a holistic, coordinated and .....
Tag this Judgment!