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Gujarat State Disaster Management Act, 2003

Gujarat Act No. 20 of 2003

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Chapter I

Preliminary

(a) "affected area" means the area declared as such under clause (a) of subsection (2) of Section 32;

(b) "appropriate authority" shall have the same meaning as in clause (iii) of Section 2 of the Gujarat Town Planning and Urban Development Act, 1976 (President's Act No. 27 of 1976);

(c) "Authority" means the Gujarat State Disaster Management Authority established under sub-section (1) of Section 6;

(d) "capacity-building" means building of capacity to cope up with any disaster and includes-

(i) identification of existing resources relevant to any disaster, and resources to be acquired for the purpose of this Act;

(ii) acquiring and creating resources, organisation and training of groups in local community; and

(iii) co-ordination of such training;

(e) "Chairperson" means the Chairperson of the Authority;

(f) "Chief Executive Officer" means the Chief Executive Officer of the Authority;

(g) "Commissioner" means the State Relief Commissioner appointed under Section 11;

(h) "disaster" means an actual or imminent event, whether natural or otherwise occurring in any part of the State which causes, or threatens to cause all or any of the following :

(i) widespread loss or damage to property, both immovable and movable; or

(ii) widespread loss of human life or injury or illness to human beings; or

(iii) damage or degradation of environment;

(i) "disaster management" means a continuous and integrated process of planning and implementation of measures with a view to;

(i) mitigating or reducing the risk of disasters;

(ii) mitigating the severity or consequence of disasters;

(iii) capacity-building;

(iv) emergency preparedness;

(v) assessing the effects of disasters;

(vi) providing emergency relief and rescue; and

(vii) post-disaster rehabilitation and reconstruction;

(j) "emergency preparedness" means the state of readiness which enables stakeholders to mobilize, organize and provide relief to deal with an impending or actual disaster or the effects of a disaster;

(k) "Local Authority" means a municipal corporation, nagar panchayat, municipal council, district panchayat, taluka panchayat, gram panchayat, notified area committee or cantonment board constituted under relevant local authority law;

(l) "member" means a member of the Authority;

(m) "mitigation" means measures aimed at reducing the impact or effects of a disaster;

(n) "prescribed" means prescribed by rules made under this Act;

(o) "prevention" means measures the object of which is to avoid the occurrence of a disaster;

(p) "reconstruction" means repair and construction of a property undertaken after a disaster;

(q) "regulations" means the regulations made under this Act;

(r) "rehabilitation" means any activity the object of which is to restore normalcy in conditions caused by a disaster;

(s) "relevant local authority law" means-

(i) in relation to a City, the Bombay Municipal Corporation Act, 1949 (Bombay LIX of 1949);

(ii) in relation to municipal borough, transitional area, smaller urban area and notified area, the Gujarat Municipalities Act, 1963 (Gujarat 34 of 1964);

(iii) in relation to a village, taluka and district, the Gujarat Panchayats Act, 1993 (2 of 1924);

(iv) in relation to a cantonment, the Cantonments Act, 1924;

(t) "relief" means measures taken during or immediately after a declaration of disaster to diminish or alleviate any suffering, pain, injury or distress or hardship caused on account of the disaster;

(u) "stakeholder" includes-

(i) any State Government;

(ii) any statutory functionary;

(iii) voluntary agencies including foreign voluntary agencies and

(iv) any other person identified by the Authority;

Chapter II

Authorities for Disaster Management

(a) The State Government,

(b) The Gujarat State Disaster Management Authority,

(c) Heads of Government Departments,

(d) Commissioner,

(e) Collector of a district,

(f) Local authorities.

Chapter III

Functions of State Government

(a) ensuring that appropriate policies and guidelines are developed;

(b) establishing a group called the Crisis Management Group and such other entities as may be necessary and such group or entity shall exercise such powers and perform such functions as may be specified by the regulations;

(c) ensuring that the State administration and local authorities shall take into consideration the guidelines laid down by the Authority while planning its activities;

(d) ensuring that a comprehensive communication and technology network is established and maintained;

(e) facilitating procurement related to disaster management of materials, equipment and services in connection with the disaster management and ensuring their quality;

(f) ensuring that disaster management plans are prepared and training for managing disaster is given;

(g) promoting adequate risk transfer, risk sharing and cost-sharing mechanisms;

(h) ensuring that adequate funds are available for disaster management;

(i) ensuring appropriate recovery measures; and

(j) taking such steps and issuing such directions as may be necessary to prevent escalation of the disaster or to alleviate, contain or minimise the effects of disaster.

Chapter IV

Functions of Departments of State Government

(a) provide assistance to the authority, Commissioner, the Collector and the local authority in setting up communication centers, drawing up contingency plans, capacity-building, data collection and identifying and training personnel;

(b) carry out relief operations under the supervision of the Commissioner and the Collector;

(c) assess the damage and carry out reconstruction and rehabilitation activities in accordance with the guidelines framed by the Authority; and

(d) take such steps and provide such assistance to the Authority, Commissioner and the Collector as may be necessary for disaster management.

(a) prepare a disaster management plan setting out-

(i) the manner in which the concept and principles of disaster management shall be applied;

(ii) role and responsibilities of the department in respect of the State disaster management;

(iii) role and responsibilities of the department in respect of emergency relief and post disaster recovery and rehabilitation;

(iv) capacity to fulfil roles and responsibilities of the department;

(v) particulars of strategies pertaining to disaster management; and

(vi) strategies and procedures in the event of a disaster, including measures to finance the strategies;

(b) co-ordinate preparation and the implementation of plan with other departments, local authorities, communities and stakeholders;

(c) regularly review and update the plan; and

(d) submit to the Authority disaster management plan and any amendments thereto.

Chapter V

Establishment and Constitution of Authority

(a) the Chief Minister of the State, ex-officio, who shall be the Chairperson;

(b) two Ministers nominated by the Chief Minister by virtue of their office from amongst the Council of Ministers of the State;

(c) the Chief Secretary of the State, ex-officio-,

(d) the Secretary to Government of Gujarat, Revenue Department, ex-officio-,

(e) the Chief Executive Officer of the Authority, ex-officio-,

(f) the State Relief Commissioner, ex-officio-,

(g) the Director General of Police of the State, ex-officio-,

(h) such other officers of the State Government as may be appointed by the State Government by virtue of their office:

(b) No member shall take any part in discussion, or vote on, any contract or arrangement entered into or to be entered into by or on behalf of the Authority if he is in any way, whether directly or indirectly, concerned or interested in the contract or arrangement:

(a) any vacancy therein or any defect in the constitution thereof, or

(b) any irregularity in its procedure not affecting the merit of the case.

Chapter VI

Functions of Authority

(a) act as the central planning, coordinating and monitoring body for disaster management and post-disaster reconstruction, rehabilitation, evaluation, and assessment;

(b) assist the State Government in formulation of policy relating to emergency relief notwithstanding that the implementation of emergency relief shall be the responsibility of the Revenue Department and other departments of the Government;

(c) inform the State Government and departments of Government on progress and problems in disaster management;

(d) promote general education and awareness on disaster management, emergency planning and response;

(e) and matters incidental thereto.

(a) establish an institute;

(b) ensure the establishment of communication links and setting up of emergency communication and early warning systems in the State;

(c) maintain databases of information required for the disaster management operations;

(d) ensure establishment of communication links with disaster management agencies in India and other countries, including institutions performing functions similar to those of the Authority;

(e) to exchange information, and to have access to international expertise on disaster management.

(a) the types of disasters that may occur and their possible effects;

(b) the communities and property at risk;

(c) provision for appropriate prevention and mitigation strategies;

(d) inability to deal with disasters and promote capacity-building;

(e) the integration of strategies for prevention of disaster and mitigation of its effects with development plans, programmes and such other activities in the State;

(f) provision for assessment of the nature and magnitude of the effects of a disaster;

(g) contingency plans including plans for relief, rehabilitation and reconstruction in the event of a disaster, proving for,-

(i) allocation of responsibilities to the various stakeholders and coordination in carrying out their responsibilities;

(ii) procurement of essential goods and providing essential services;

(iii) establishment of strategic communication links;

(iv) dissemination of information; and

(v) other matters as may be provided for in the regulations;

(h) any other matter required by the Authority.

(a) publishing guidelines and recommendations in this behalf;

(b) facilitating access to its electronic database;

(c) promoting disaster management capacity building and training programs amongst communities and other stakeholders;

(d) assisting in the development of methodologies for reduction of vulnerability of disasters;

(e) coordinating the integration of methodologies for awareness and such other activities; and

(f) acting in any other manner as it deems fit in this behalf.

Chapter VII

Powers and Functions of Chief Executive Officer

(a) co-ordinate and monitor activities relating to prevention and mitigation of disasters, including capacity building;

(b) co-ordinate and monitor rehabilitation and reconstruction activities;

(c) monitor the progress of the preparation and updating of disaster management plans and co-ordinate the implementation of such plans;

(d) prepare and submit periodically a report to the Authority on the activities undertaken by the Authority;

(e) delegate his powers and function of officers and employees of the Authority;

(f) to exercise such powers and perform such as may be delegated by the Authority;

(g) to exercise such other powers and perform such other functions as may be specified by the regulations.

Chapter VIII

Powers and Functions of State Relief Commissioner

(a) assisting and protecting the community;

(b) providing relief to the community;

(c) preventing or combating disruption; or

(d) dealing with the destructive and other effects of the disaster, the Commissioner may-

(i) make arrangements for release and use of available resources;

(ii) control and restrict vehicular traffic to, and from and within the affected area;

(iii) control and restrict the entry of any person into, movement within and departure from an affected area;

(iv) remove debris;

(v) conduct search and rescue operations;

(vi) make arrangements for the disposal of the unclaimed dead body;

(vii) provide alternative shelter;

(viii) provide food, medicines and other essentials;

(ix) require experts and consultants in the fields relevant to the disaster to provide relief under his direction and supervision;

(x) procure exclusive or preferential use of amenities as and when required;

(xi) to take possession and make use of any property, vehicles, equipment, buildings and means of communication on such terms and conditions as may be prescribed;

(xii) construct temporary bridges or other necessary structures;

(xiii) demolish unsafe structures which may endanger the public;

(xiv) ensure that non-governmental organisations carry out their activities in an equitable manner;

(xv) disseminate information to the public to deal with the disaster;

(xvi) evacuate any population from any affected area for the purpose of preservation of life and for such evacuation use such force as may be necessary; and

(xvii) authorise any person, to make any entry into any place, to open or cause to be opened, any door, gate or other barrier, if he considers such an action is necessary for preservation of life and property, if the owner or occupier is absent, or being present, refuses to open such door, gate or barrier.

(a) provide inputs to the Authority relating to various aspects of disaster management, such as early warnings and status of preparedness;

(b) develop an appropriate relief implementation strategy for the State in consultation with the Authority, taking into account the unique circumstances of each district and deficiency in institutional capacity and resources of the State;

(c) prepare, review and update a State level emergency plans and guidelines and ensure that the district level plans are prepared, revised and updated;

(d) reassess from time to time contingency plans related to disaster management;

(e) ensure that disaster management drills are carried out periodically; and

(f) ensure that communications systems are in order, and contingency plans provide for maximum involvement of local agencies;

(g) exercise such powers and perform such other functions as may be delegated by the Authority;

(h) exercise such other powers and perform such other functions as may be specified by the regulations.

Chapter IX

Powers and Functions of Collector

(i) make arrangements for release and use of available resources;

(ii) control and restrict traffic to, from and within the area affected by a disaster;

(iii) control and restrict the entry into, movement within and departure from any disaster area or part of it;

(iv) remove debris;

(v) conduct search and rescue operations;

(vi) make arrangements for the disposal of the unclaimed dead, by appropriate means;

(vii) provide alternative shelter;

(viii) provide food, medicines and other essentials;

(ix) require experts and consultants in the matters relevant to the disaster to provide relief under his direction and supervision;

(x) to take possession and make use of any property, vehicles, equipment, buildings and means of communication on such terms and conditions as may be prescribed.

(xi) procure exclusive or preferential use of amenities as and when required;

(xii) construct temporary bridges or other structures;

(xiii) demolish unsafe structures which may endanger the public;

(xiv) co-ordinate with non-governmental organizations and ensure that such entities carry out their activities in an equitable manner;

(xv) disseminate information to the public to deal with the disaster;

(xvi) direct and compel evacuation, of all or part of the population from any affected area for the purpose of preservation of life and for such evacuation, and for such evacuation use such force as may be necessary;

(xvii) authorise any person, to make any entry into any place, to open or cause to be opened, any door, gate or other barrier, if he considers such an action is necessary for preservation of life and property, if the owner or occupier is absent, or being present, refuses to open such door, gate or barrier.

(a) assisting and protecting the community;

(b) providing relief to the community;

(c) preventing or combating disruption; or

(d) dealing with the destructive and other effects of the disaster.

(a) ensure that actions for prevention of a disaster or mitigation of its effects or preparedness to cope up with such effects are carried out in accordance with guidelines as may be prescribed;

(b) provide inputs to Authority relating to various aspects of disaster management, such as early warnings and status of preparedness;

(c) ensure that officials in the district acquire the knowledge to deal with disaster management;

(d) ensure that district management plans are prepared, revised and updated;

(e) facilitate and, co-ordinate with, local Government bodies to ensure that pre-disaster and disaster management activities in the district are carried out;

(f) facilitate community training, awareness programmes and the installation of emergency facilities with the support of local administration, non-Government organisations, and the private sector;

(g) establish inter-department co-ordination on matters related to disaster management;

(h) review emergency plans, contingency plans and guidelines;

(i) ensure that local authorities in the district are involved in developing their own mitigation strategies;

(j) ensure linkage between disaster management activities and planning;

(k) ensure that communications systems are in order;

(l) ensure that fire fighting equipment and other equipments related to disaster management are so maintained as to be ready for use;

(m) co-ordinate the activities of reconstruction and rehabilitation in the district;

(n) ensure that disaster management drills are carried out periodically;

(o) assist the Authority in monitoring the progress and outcome of efforts for reconstruction and rehabilitation;

(p) exercise such powers and perform such functions as may be delegated by the State Government , the Authority and the Commissioner;

(q) exercise such other powers and perform such other functions as may be prescribed.

Chapter X

Functions of Local Authorities

(a) assist the Authority, the Commissioner and the Collector;

(b) ensure that the staff of the local authority is trained;

(c) ensure that all resources related to disaster management are so maintained as to be ready for use;

(d) ensure that all buildings and other structures in the local area comply with the specifications laid down in this behalf by the departments of Government and the Authority;

(e) carry out relief operations in the affected area subject to directions of the Commissioner;

(f) carry out reconstruction and rehabilitation activities in accordance with the guidelines framed by the Authority;

(g) prepare a disaster management plan setting out the following, namely:-

(i) the manner in which the concept and principles of disaster management are to be applied in local area;

(ii) role and responsibilities of the local authority in the terms of the disaster management plan of the State;

(iii) capacity of the local authority to fulfil its role and responsibilities;

(iv) particulars of disaster management strategies; and

(v) contingency strategies and emergency procedures in the event of a disaster, including measures to finance the strategies;

(h) co-ordinate the preparation and the implementation of the plan with those of the organisations of the State and stakeholders;

(i) regularly review and update the plan;

(j) conduct disaster management drills periodically; and

(k) provide such assistance to the Authority, the commissioner and the Collector and take such other steps as may be necessary for disaster management.

(a) anticipate the types of disaster that may occur in the district and their possible effects;

(b) identify the communities and property at risk;

(c) provide for appropriate prevention and mitigation strategies;

(d) identify the inability to deal with possible disasters and promote capacity building;

(e) facilitate maximum emergency preparedness; and

(f) keep contingency plans and prescribed emergency procedures in the event of a disaster, providing for,-

(i) allocation of responsibilities to the various stakeholders and coordination in the carrying out of their responsibilities;

(ii) prompt disaster response and relief;

(iii) procurement of essential goods and the providing of essential services;

(iv) establishment of strategic communication links;

(v) the dissemination of information; and

(vi) such other matters as may be provided for in the regulations and any other matters required by the Collector.

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

(i) the manner in which the concept and principles of disaster management are to be applied in the district;

(ii) role and responsibilities of the department of Government in terms of the disaster management plan of the State;

(iii) role and responsibilities of the department of Government regarding emergency relief and post disaster recovery and rehabilitation;

(iv) capacity of the department of Government to fulfil its roles and responsibilities;

(v) particulars of disaster management strategies; and

(vi) contingency strategies and emergency procedures in the event of a disaster, including measures to finance the strategies;

(b) co-ordinate the preparation the implementation of its plan with those of other organisations of the State, communities and other stakeholders;

(c) regularly review and update the plan; and

(d) submit a copy of its disaster management plan, and of any amendment thereto to the Collector.

Chapter XI

Duties of Police Force, Gram Rakshak Dal, Home Guards, Civil Defence and fire Services

(a) police force,

(b) gram rakshak dal,

(c) home guards,

(d) civil defence, and

(e) fire services

(i) giving of warning;

(ii) carrying out search and rescue operations; and

(iii) carrying relief and rehabilitation operations.

(a) ensure that the communication system is in order, which shall be made available, free of charge, for being used for transmission and receipt of messages in connection with a disaster;

(b) identify the personnel and provide adequate training for the purposes of disaster management so that the services of such personnel are readily available;

(c) conduct disaster management drills periodically and;

(d) provide such assistance to the Authority, the Commissioner and the Collector and take such other steps as may be necessary for disaster management.

Chapter XII

Duties of Communities, Private Sector Enterprises and Other Agencies or Persons

(a) assist the State Government , the Authority, the Commissioner and the Collector in all disaster management activities;

(b) participate in capacity building, vulnerability reduction programmes and training activities;

(c) assist in relief operations under the supervision of the Commissioner and the Collector;

(d) assist in conducting detailed damage assessment and in carrying out reconstruction and rehabilitation activities in accordance with the guidelines framed by the Authority;

(e) provide such assistance to the Authority, the Commissioner and the Collector and take such other steps as may be necessary for disaster management.

(a) assist the State Government, the Commissioner and the Collector in all disaster management activities;

(b) ensure that their staff are adequately trained;

(c) ensure that all necessary resources are in a ready-to-use state;

(d) ensure that its buildings and other structures are in compliance with all specifications stipulated by the departments of the Government and the Authority;

(e) carry out relief operations under the supervision of the Commissioner and the Collector;

(f) assist in conducting damage assessment and in carrying out reconstruction and rehabilitation activities in accordance with the guidelines framed by the Authority;

(g) prepare a disaster management plan in conformity with the other disaster management plans of local authorities, departments of Government having regard to the guidelines laid down in this behalf by the Authority;

(h) take all other steps and provide such assistance to the Authority, the Commissioner and the Collector and take such other steps as may be necessary for disaster management.

(a) participate in capacity building, vulnerability reduction programmes and training activities;

(b) assist in relief operations under the supervision of the Government, the Commissioner and the Collector;

(c) assist in assessing damage and in carrying out reconstruction and rehabilitation activities in accordance with the guidelines framed by the Authority;

(d) provide such assistance to the Authority, the Commissioner and the Collector as may be necessary for effective disaster management.

(a) prevention,

(b) response,

(c) warning,

(d) emergency operation,

(e) evacuation, and

(f) recovery.

Chapter XIII

Declaration of an Area as Disaster Prone Area or Disaster Affected Area

(a) in an area spread over more than one district, the Commissioner, and

(b) in an area restricted to a district, the Collector may immediately make a report to that effect to the State Government .

(b) Where the State Government decides not to make declaration under clause (a), it shall send a communication accordingly to the Commissioner or, as the case may be, the Collector.

(a) the Authority shall perform or cause to be performed in such area functions related to-

(i) prevention of disaster, or

(ii) (a) mitigation of effects of disaster,

(b) facilitating, co-ordinating and monitoring emergency relief, and

(c) monitoring and co-ordinating reconstruction and rehabilitation and, such other functions as are prescribed by or under this Act or as are supplemental, incidental or consequential to the aforesaid functions,

(b) where the affected area is spread over more than one district, the

(b) he shall cease to perform the functions-

(i) where an area is declared under clause (a) of sub-section (2) as the affected area for the period specified under sub-section (3) on the expiry of such period, or

(ii) Where such period is extended from time to time under the proviso in the said sub-section (3) on the expiry of the period last extended, or

(iii) where an area is not so declared, on the receipt of a communication to that effect from the State Government under clause (b) of sub-section (2).

Chapter XIV

Finance, Accounts, Audit and Reports

(i) expenses incurred by the Authority in performing its functions under this Act,

(ii) remuneration to members,

(iii) salaries and allowances to officers and employees of the Authority,

(iv) expenses for such other purposes of the Act as may be prescribed.

(b) Where the amount in the fund is not required to be applied immediately or at an early date for the purposes of this Act, it may be invested in any of the securities specified in Clause (a), (b), (bb), (c) or (d) of Section 20 of the Indian Trusts Act, 1882,

(c) any interest earned on such deposits and investments shall be credited to the fund.

(b) If any sum granted by the State Government remains wholly or partly unspent in any financial year, the unspent sum may be carried forward to the next financial year and taken into account in determining the sum to be provided by the State Government for that year.

(a) an annual report giving a full, true and fair account of its activities during the previous year, and

(b) programme of work likely to be undertaken by the authority in the next year.

Chapter XV

Offences and Penalties

(a) without reasonable cause prevents or obstructs any officer of the State Government or of the local authority or of the Authority or the Commissioner or the Collector from carrying out functions under this Act; or

(b) without reasonable cause refuses to comply with the direction given by an officer of the State Government or the Authority or the Commissioner or the Collector while carrying out his functions under this Act; or

(c) falsely predicts the occurrence of a disaster without any scientific basis and thereby creates panic in the community; or

(d) makes a false claim for assistance for reconstruction or repair from any officer of the State Government or Authority or the Commissioner or the Collector, shall on conviction be punishable with imprisonment for a term which may extend to six months or with fine which may extend to ten thousand rupees or both.

(a) "company" means a body corporate and includes a company as defined under the Companies Act, 1956, a firm or other association of individuals; and

(b) "director" in relation to a firm means a partner in the firm.

Chapter XVI

Miscellaneous

(i) all properties, movable and immovable, and assets vesting in the dissolved Authority shall stand transferred to and vest in the Authority so established (hereinafter in this section referred to as "the successor Authority"),

(ii) all rights, liabilities and obligations of the dissolved Authority (including those arising under any agreement or contract) shall be deemed to be the rights, liabilities and obligations of the successor Authority,

(iii) all sums due to the dissolved Authority shall be recoverable by the successor Authority, and for the purpose of such recovery, the successor Authority shall be competent to take such measures which were competent for the dissolved Authority to take subject to all limitations, conditions, rights or interests of any person subsisting immediately before the said date,

(iv) all contracts made with and all instruments executed on behalf of the dissolved Authority shall be deemed to have been made with or by or on behalf of the successor Authority and shall have effect accordingly.

(v) all proceedings and matters pending before the dissolved Authority or any officer of the dissolved Authority immediately before the said date shall be deemed to be transferred to the successor Authority or to such officer as the successor Authority may direct,

(vi) in all suits and legal proceedings pending on the said date in or to which the dissolved Authority was a party, the successor Authority shall be deemed to be substituted therefor,

(vii) all officers and employees of the dissolved Authority shall be the officers and employees of the successor Authority,

(viii) any reference to the dissolved Authority in any instrument shall, unless a different intention appears, be construed as a reference to the successor Authority.