Court : Supreme Court of India
..... george, learned counsel for the petitioner reiterating the stand with regard to the disaster management, has commended us to section 2(e) of the disaster management 9 act, 2005 (for brevity, the 2005 act ). ..... (3) of the same is as under:- (3) the district plan shall include- the areas in the district vulnerable to different (a) forms of disasters; (b) the measures to be taken, for prevention and mitigation of disaster, by the departments of the government at local authorities in the district; the district level and the capacity-building (c) preparedness measures required to be taken by the departments of the government at the district level and the local authorities in the district to respond to any threatening disaster situation or disaster; and the response plans and procedures, in the (d) event of a disaster, providing for- allocation (i) the departments of the government at the district level and the local authorities in the district ..... there is reference to the litigations filed between the state of kerala and state of tamil nadu for long period and more recently in cs (os) no.3 of 2006 before this court which was decided on 07.05.2014 in state of tamil nadu v. ..... the findings of ec with elaborate analysis of reports of investigations, tests and studies lead to one and only one conclusion that there is no change in the circumstances necessitating departure from 13 the earlier finding on the safety of mullaperiyar dam given by this court in 2006 judgment. .....
Tag this Judgment!Court : Supreme Court of India
..... (8) the disaster management act, 2005 empowers the state disaster management authority as well as the state government to take measures for prevention and mitigation of a disaster and the action taken by the authorities under the disaster management act have been given overriding effect to achieve the purpose and object of the act, 2005. ..... the disaster management act, 2005 empowers the state disaster management authority as well as the 134 state government to take decision for prevention and mitigation of a disaster and the action taken by the authorities under the disaster management act have been given overriding effect to achieve the purpose and object of the act. ..... the ugc guidelines dated 06.07.2020 in the above respect shall override the decision of the state government and the state disaster management authority regarding 152 promoting the students, does not fall within the jurisdiction of the disaster management act, 2005 and shall have no protection of section 72 of the disaster management act, 2005. .....
Tag this Judgment!Court : Supreme Court of India
..... after declaration of coronavirus (covid-19) as a pandemic by world health organisation, the national disaster management authority exercising the jurisdiction under section 6 of the disaster management act, 2005 to take effective measures to prevent the spread of covid-19 across the country and for mitigation of the threatening disastrous situation has issued notification dated 27.03.2020 directing the ministry, departments of government of india, state governments and the state authorities to take measures for ensuring social distancing so as 3 to prevent the spread of covid-19 in the country. ..... i state and submit that as submitted in the previous affidavits, the central government took many policy decisions for granting various reliefs for the covid pandemic which is a 'disaster' within the meaning of the disaster management act, including a policy decision whereby the following borrowers were declared eligible for the benefit of waiver of 'interest on interest':17. ..... learned solicitor general referring to above measures taken by the union of india submits that above measures have been taken by the government of india in exercise of jurisdiction under the disaster 23 management act, 2005 to mitigate the hardships and miseries of few sectors. ..... due to lockdown imposed by the government of india in exercise of powers under the disaster management act, 2005, there can be no denial that most of the businesses including private sector as well as public sector has been adversely affected .....
Tag this Judgment!Court : Supreme Court of India
..... the national disaster management authority(ndma) which was created by the ministry of home affairs(mha) in pursuance of the disaster management act 2005, issued a notification dated 24th march, 2020 under section 6(2)(i) of the dm act. ..... that apart, candidates working in essential services did not have the benefit of seeking leave or claiming exemption from duty/overtime duty looking to the nature of their services and in the light of invocation of the essential services maintenance act, 1968 and the disaster management act, 2005. ..... on 25th march, 2020, the disaster management act 2005(dm act) was invoked in india for the first time since it was passed almost a month and a half ago, to tackle the covid 19 pandemic that was then in its initial stages of spreading. ..... instituted and publicized by the central government under the disaster management act 2005, these lockdowns varied in scope and nature, depending on the situation on the ground.30. ..... thereafter the admit cards were issued to all the candidates who intended to participate in the selection process, but because of the unprecedented covid 19 pandemic, which was notified by the national disaster management authority vide its order dated 24th 8 march 2020, the commission by its press release dated 4th may, 2020 deferred the examination 2020 and further informed that the revised schedule of examination will be notified at a later stage.8. .....
Tag this Judgment!Court : Supreme Court of India
..... the division bench also 67 opined that such order could be issued even in exercise of power under section 22 of the disaster management act, 200521. ..... in this act, unless the context otherwise requires, xxx xxx xxx (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 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; (vii) evacuation, rescue and relief; (viii) rehabilitation and reconstruction ..... the manner and method of addressing such disaster and in particular disaster management as defined in section 2(e) of the act of 2005 is by preparation of a plan for disaster management by the authority concerned under that act. ..... going by the scheme of the act of 2005, the state authority established under section 14 known as state disaster management authority is expected to formulate policies and plans for disaster management in the state. ..... for that, we may usefully refer to section 23 of the act of 2005 which provides for the contents of the plan for disaster management to be prepared for every state called the state disaster management plan. .....
Tag this Judgment!Court : Supreme Court of India
..... 7 1.3.1 on 23 december 2005, the government of india (goi) took a defining step by enacting the disaster management act, 2005, (hereinafter referred to as the act) which envisaged the creation of the national disaster management authority (ndma), headed by the prime minister, state disaster management authorities (sdmas) headed by the chief ministers, and district disaster management authorities (ddmas) headed by the district collector or district magistrate or deputy commissioner as the case may be, to spearhead and adopt a holistic and integrated approach to dm. ..... - in exercise of the powers conferred by sub-section (1) of section 46 of the disaster management act, 2005 (53 of 2005), the central government hereby constitutes the national disaster response fund (hereinafter ndrf) for meeting any threatening disaster situation or disaster. ..... the enactment of disaster management act, 2005 was to bring in place requisite institutional mechanisms for drawing up and monitoring the implementation of the disaster management plans and other measures by various wings of the government for preventing and mitigating effects of disasters. ..... issue a writ, order or direction to the union of india to lay down minimum standards of relief, under section 12 of the disaster management act, 2005, to be provided to persons affected by the covid-19 virus, as well as by the resultant national lockdown; 12 c. .....
Tag this Judgment!Court : Supreme Court of India
..... 3.4 thereafter the correspondences took place between the law department and the revenue and disaster management department. ..... after elaborate consideration on the aforesaid issues, the high court has answered the respective 15 questions as under:- issues findings / answers given by the high court issue no.1 i) as per the details mentioned in form no.whether the anil agarwal 32 filed on 19.07.2006, foundation, the the petitioner has only 3 beneficiary company, is directors on its board a public company in and less than 7 terms of the definition under section 3(1)(iv) of members, which is less the companies act, 1956 than what is required for and can the private a public limited company guarantee ..... 83 of 103 appellant that the appellant successfully converted into the public company on 23.11.2006 and it increased number of members from 3 to 7 and in terms of section 44 of the companies act, 1956, it amended its articles of association to delete the restriction on free transferability of the shares and the same has been acknowledged by the registrar of companies (roc) by acknowledgment dated 21.02.2007 and 03.03.2011 is concerned, it is required to be noted and as observed hereinabove the relevant date for consideration would be june, 2006 and in any case 19.07.2006 when the mou was entered .....
Tag this Judgment!Court : Supreme Court of India
..... is no way that the 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 prompt response to any disaster situation. ..... 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 and formulated policy. 1e. ..... of india, (2006) 8 scc212(paragraphs 44 to 46); xx) that while it is the case of the petitioners that there are no recommendations issued by the ndma in terms of section 13 of the dma2005 the cryptic correspondence annexed with the affidavit of the union of india dated 31.08.2020 shows that certain views and recommendations have been expressed by the ndma vide o.m. .....
Tag this Judgment!Court : Supreme Court of India
..... it is submitted that in accordance with the recommendations of xvth finance commission and the domain subject matter experts, the union of india devised the strategy to deal with, the extremely contagious, volatile and ever changing impact of the mutations of the virus covid19 in the best possible manner, utilizing all the financial, human and infrastructural resources of the nation, rationally and judiciously, also keeping in mind the future contingencies, rather than formulating the response in the straitjacket formula of minimum standards of relief, as contemplated under the national disaster management act, 2005. ..... manner, utilising all the financial, human, infrastructural and all resources of the nation rationally, judiciously and keeping the future contingencies in mind, as the world does not know how this pandemic will take shape in the future, the union of india has taken a conscious policy decision to provide relief(s) depending upon the ever changing needs through various ministries/departments and such actions are coordinated and monitored by the national executive committee, as contemplated in the disaster management act, 2005 in general and .....
Tag this Judgment!Court : Supreme Court of India
..... three earlier decisions concerning the prevailing drought or drought-like situation, we had stressed the obligation of the government of india complying with all the provisions of the laws enacted by parliament, namely, the disaster management act, 2005, the national food security act, 2013 and the mahatma gandhi national rural employment guarantee act, 2005. ..... for example, the disaster management act, 2005 constitutes authorities and bodies like the national disaster management authority, the national executive committee ..... , the union of india submits that under section 46 of the disaster management act, 2005, the central government has constituted a national disaster response fund (ndrf) for meeting any threatening disaster situation or disaster. ..... under section 48 of the disaster management act, the state governments have constituted a fund called the state disaster response fund (sdrf).8 ..... this regard is made to a letter dated 8th april, 2015 issued by the ministry of home affairs (disaster management division). ..... , uttarakhand, odisha, meghalaya, uttar pradesh, assam, rajasthan, nagaland, kerala, sikkim, gujarat, punjab and tripura have generated persondays beyond the estimated labour budgets for fy201516. ..... in fact the guidelines of september 2006 for the mid-day meal scheme provide in chapter 5 thereof (paragraph 5.1(4)(iii) as follows: in case notification declaring an area as drought-affected is issued at a time when summer vacation has already commenced or is about to commence, .....
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