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Uttarakhand Disaster Mitigation, Management and Prevention Act, 2005

(Uttarakhand Act No. 29 of 2005)

Last Updated 12th March, 2020 [utr142]

Chapter-I

Preliminary

(a) "Disaster" means a catastrophe, calamity or mishap, a grave occurrence being, natural or otherwise, which causes, human sufferings, destruction or annihilation of human/animal and plant life, damage to and destruction of property, degradation of environment which overwhelms the prudent and protective measures and disrupts and paralyses the normal functioning of Government and society at large, and includes anyone or more of the occurrences mentioned in Schedule;

(b) "disaster affected area" means the area where a disaster as defined under Schedule has occurred;

(c) "Authority" means the Uttarakhand State Disaster Management Authority established under sub-section (1) of section 5;

(d) "Commissioner Disaster Management" means the State Commissioner for Disaster Management to be appointed under sub-section (1) of section 10;

(e) "disaster management" means a continuing and integrated process of planning and implementation of measures with a view to-

(1) mitigate or reducing the risk of disasters,

(2) mitigating the severity or consequence of disasters,

(3) capacity-building; for prevention of disaster,

(4) emergency preparedness,

(5) assessing the effects of disasters,

(6) providing emergency relief and rescue, and

(7) post-disaster rehabilitation and reconstruction;

(f) "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;

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

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

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

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

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

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

(m) "regulation" means any activity the objects of which is to restore normalcy in conditions caused by a disaster;

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

(o) "disaster prone area" means an area where there have been repeated occurrence of disasters and apprehension of such repetition in future.

Chapter-II

Authorities for Disaster Management

(a) The State Government,

(b) The Uttarakhand State Disaster Management Authority,

(c) The Heads of Departments under the State Govt.,

(d) Commissioner,

(e) District Magistrate of the Districts,

(f) Local Authorities,

(g) Disaster Mitigation and Management Centre.

Chapter-III

Functions of the State Government

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

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

(c) Ensuring that a comprehensive communication and technology network is established and maintained;

(d) Ensuring that disaster management plans are prepared and training for managing disaster is given;

(e) Ensuring that adequate funds are available for disaster management;

(f) Take appropriate steps in the field of research and development including opening of an Institute, for better management, prevention and mitigation of disasters.

Chapter-IV

Establishment and Incorporation of the State Disaster Management Authority

(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 anyway, whether directly or indirectly, concerned or interested in the contract or arrangement:

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

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

Chapter V

Functions of the 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 that Government on progress made and problems faced in disaster management;

(d) Promote general education and awareness on disaster management emergency planning and response and matters related their with or incidental thereto;

(e) The State Government, the District Magistrate concerned officers of the State Government and the local authorities in the State shall give such assistance and support to the Authority in performing the functions as may be required by the Authority, Generate and disseminate the basic knowledge that documents potential hazards and information on mitigation approaches both at Government and private sector decision makers;

(f) act as an agency for implementation of building construction codes;

(g) Develop an objective warning system and identification of areas of refuge;

(h) Develop and implement an efficient and proactive Search & Rescue mechanism;

(i) Develop and implement an Emergency Medical System;

(j) Build and educate constituency for risk management;

(k) Development and promulgation of standards;

(l) Create an open process for development decision makers;

(m) Creating strategic alliances within Government, merging natural and technological hazards and risk management;

(n) Utilize regulation and insurance to drive mitigation;

(o) Professionalize and standardize emergency management;

(p) Ensure comprehensive, coordinated Government response through fail safe communication among various sectors;

(q) Focus on disaster management centered development.

Chapter-VI

Powers and Functions of the Chief Executive Officer

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

(b) Coordinate and monitor rehabilitation and reconstruction activities;

(c) Monitor the progress of the preparation and updating of disaster management plans and coordinate 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 functions to officers and employees of the authority;

(f) To exercise such powers and perform such functions as may be delegate by the authority;

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

(h) To declare that the State or any part thereof is a disaster effected area.

Chapter-VII

Powers and Functions of the State Commissioner for Disaster Management

(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 any affected area or part thereof,

(iv) remove debris,

(v) conduct search and rescue operations,

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

(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) 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 organizations carry out their activities when disaster effected area 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) authorize any person, to make 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 presentation of life and property, if the owner of 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) development an appropriate relief implementation strategy for the State in consultation with the authority, taking into account the unique circumstances of each district and efficiency in institutional capacity and resources of the State;

(c) prepare, review and update District or Divisional Level emergency plans and guidelines and ensure that these plans are prepared revised and updated and are in tune with the "master plan" prepared by the Authority;

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

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

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

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

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

Chapter-VIII

Disaster Mitigation and Management Center

(i) Executive Director, such faculty members as the State Government, in consultation with the Authority, may decide to have;

(ii) Executive Director-

(a) a professional in disaster management, as the State Government in consultation with the Authority, may decide to have,

(b) the Executive Director shall perform such functions related to disaster management as are imposed on him by authority,

(c) the Executive Director shall be entitled to receive such salary and allowances and shall be governed by such conditions of service as may be prescribed.

(a) The D.M.M.C. shall take reasonable steps to collect or cause the data to be collected on all aspects of disasters and disaster management and analyze such data and cause and conduct research and study relating to the potential effects of events that may result in disasters; and how to prevent, manage and mitigate these disasters.

(b) The D.M.M.C. may by notice in writing, require any person to provide such information as may be useful for the purpose of sub-section (1) to the D.M.M.C. within such period as may be specified in the notice.

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

(b) maintain database of information required for the disaster management operations;

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

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

(a) The D.M.M.C. shall develop or cause to be developed guidelines for the preparation of a master disaster plans and strategies and keep them update and shall assist such departments of Government, local authorities and person, as may be specified by the Authority in preparation of plans and strategies and coordinate them.

(b) The plan preparing agency while preparing the plan under sub-section (1) shall make suitable provisions in the plan after considering the following, namely:-

(i) The types of disaster that may occur and their possible effects;

(ii) The communities and property at risk;

(iii) Provision for appropriate prevention and mitigation strategies;

(iv) Inability to deal with disasters and promote capacity building;

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

(vi) Provision for assessment of the nature and magnitude of the effects of a disaster;

(vii) Any other matter required by the Authority;

(viii) The D.M.M.C. shall prepare, or cause to be prepared, and maintain a master plan for the State.

(A) The D.M.M.C. shall promote or cause to be promoted awareness and preparedness and advise and train the community, and stakeholders with a view to increasing capacity of the community and stakeholders to deal with potential disasters by-

(a) publishing guidelines and recommendations in this behalf;

(b) facilitating access to its electronic database;

(c) promoting disaster management capacity-building and training programmes 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 preparedness with development plans, programmes and such other activities; and

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

(B) The D.M.M.C. shall formulate such policy relating to mechanism for risk transfer including insurance for disaster preparedness as it deems necessary and implement the same or cause to be implemented.

Chapter-IX

Powers and Functions of the Divisional Commissioner and District Magistrate

(a) provide for reinforcement of resources from other districts within the division;

(b) keep in constant touch with Chief Secretary, Principal Secretary (Disaster Management), Commissioner Disaster Management, EOC/DMMC.

(a) make arrangement for release and use of available resources;

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

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

(d) remove devris;

(e) conduct search and rescue operations;

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

(g) provide alternative shelter;

(h) provide food, medicines and other essentials;

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

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

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

(l) construct temporary bridges or other structures;

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

(n) coordinate with non-governmental organizations and ensure that such entities carry out their activities within disaster effected area in equitable manner;

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

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

(q) authorize any person, to make 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, refuse 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 warning and status of preparedness;

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

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

(e) facilitate and, coordinate with, local Government bodies to ensure that predictors and disaster management activities the District are carried out;

(f) facilitate community training, awareness programmes and the installation of emergency facilities with the support of local administration, nongovernmental organizations, and the private sector;

(g) establish inter-department of coordination 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 communication systems are in order;

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

(m) coordinate 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 to it by the State Government, the Authority and the Commissioner;

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

Chapter-X

Functions of local authorities

(a) assist the Authority, the Commissioner and the District Magistrate;

(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 department of Government and the Authority;

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

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

(g) coordinate the preparation and the implementation of plan with those of the organizations of the State and stakeholders;

(h) conduct disaster management drills periodically; and

(i) provide such assistance to the Authority, the Commissioner and the District Magistrate 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 coordinate 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 him.

Chapter XI

Declaration of Area as Disaster Prone Area Or Disaster Affected

(i) prevention of disaster, or

(ii) mitigation of effects of disaster,

(b) facilitating, coordinating and monitoring emergency relief, and

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

(b) he shall cease to perform the functions-

(i) where an area is declared under sub-section (1) of section 23 as the affected area for the period specified under sub-section (2) on the expiry of such period, or

(ii) where such period is extended from time to time under the proviso to sub section (2) 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 as under clause of subsection (5).

Chapter-XII

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 purpose 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 accounts of its activities during the previous year; and

(b) programme of work likely to be undertaken by the Authority in the next year, and a copy of such report shall be forwarded to the State Government.

Chapter-XIII

Offences and Penalties

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

(b) without reasonable cause refuse to comply with the directions given by an officer of the State Government or the Authority or the Commissioner or the District Magistrate 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 District Magistrate.

(a) "Company" means a body corporate and includes a firm or other association of person; and

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

Chapter-XIV

Miscellaneous

Schedule

List of Disasters

(a) Floods & Drainage Management

(b) Cyclones

(c) Tornadoes and Hurricanes

(d) Cloud Burst

(e) Landslide

(f) Thunder and Lightening

(g) Heat and Cold Wave

(h) Drought

(i) Avalanche

(j) Hailstorm

(a) Earthquakes

(b) Dam Bursts

(c) Mine Fire

(a) Chemical/ Industrial Nuclear Disasters

(b) Forest Fire

(a) Road and Train Accidents, Air Crash, Boat Capsizing

(b) Building Collapse

(c) Electric Accident

(d) Urban and Rural Fire

(e) Festival Related Disasters

(f) Bomb Blast

(g) Mechanical Failure

(h) Death or Injury due to Stone or Boulder Hits from Hill

(a) Human and Animals Epidemics

(b) Food Poisoning.