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Section 33 of Disaster Management Act 2005 - Requisition by the District Authority

The District Authority may by order require any officer or any Department at the district level or any local authority to take such measures for the prevention or mitigation of disaster, or to effectively respond to it, as may be necessary, and such officer or department shall be bound to carry out such order.

 

Section 34 of Disaster Management Act 2005 - Powers and functions of District Authority in the event of any threatening disaster situation or disaster

For the purpose of assisting, protecting or providing relief to the community, in response to any threatening disaster situation or disaster, the District Authority may—

(a) give directions for the release and use of resources available with any Department of the Government and the local authority in the district;

(b) control and restrict vehicular traffic to, from and within, the vulnerable or affected area; (c) control and restrict the entry of any person into, his movement within and departure from, a vulnerable or affected area;

(d) remove debris, conduct search and carry out rescue operations;

(e) provide shelter, food, drinking water and essential provisions, healthcare and services;

(f) establish emergency communication systems in the affected area;

(g) make arrangements for the disposal of the unclaimed dead bodies;

(h) recommend to any Department of the Government of the State or any authority or body under that Government at the district level to take such measures as are necessary in its opinion;

(i) require experts and consultants in the relevant fields to advise and assist as it may deem necessary;

 

 

(j) procure exclusive or preferential use of amenities from any authority or person;

(k) construct temporary bridges or other necessary structures and demolish structures which may be hazardous to public or aggravate the effects of the disaster;

(l) ensure that the non-governmental organisations carry out their activities in an equitable and non-discriminatory manner;

(m) take such other steps as may be required or warranted to be taken in such a situation.

 

CHAPTER V MEASURES BY THE GOVERNMENT FOR DISASTER MANAGEMENT

Section 35 of Disaster Management Act 2005 - Central Government to take measures

(1) Subject to the provisions of this Act, the Central Government shall take all such measures as it deems necessary or expedient for the purpose of disaster management.

(2) In particular and without prejudice to the generality of the provisions of sub-section (1), the measures which the Central Government may take under that sub-section include measures with respect to all or any of the following matters, namely:—

(a) coordination of actions of the Ministries or Departments of the Government of India, State Governments, National Authority, State Authorities, governmental and non-governmental organisations in relation to disaster management;

(b) ensure the integration of measures for prevention of disasters and mitigation by Ministries or Departments of the Government of India into their development plans and projects;

 

 

 

(c) ensure appropriate allocation of funds for prevention of disaster, mitigation, capacity-building and preparedness by the Ministries or Departments of the Government of India;

(d) ensure that the Ministries or Departments of the Government of India take necessary measures for preparedness to promptly and effectively respond to any threatening disaster situation or disaster;

(e) cooperation and assistance to State Governments, as requested by them or otherwise deemed appropriate by it;

(f) deployment of naval, military and air forces, other armed forces of the Union or any other civilian personnel as may be required for the purposes of this Act;

(g) coordination with the United Nations agencies, international organisations and governments of foreign countries for the purposes of this Act;

(h) establish institutions for research, training, and developmental programmes in the field of disaster management;

(i) such other matters as it deems necessary or expedient for the purpose of securing effective implementation of the provisions of this Act. (3) The Central Government may extend such support to other countries affected by major disaster as it may deem appropriate.

 

Disaster Management Act 2005

Section 33 Requisition by the District Authority

Section 34 Powers and functions of District Authority in the event of any threatening disaster situation or disaster

Section 35 Central Government to take measures

Section 36 Responsibilities of Ministries or Departments of Government of India

Section 37 Disaster management plans of Ministries or Departments of Government of India

Section 38 State Government to take measures

Section 39 Responsibilities of departments of the State Government

Section 40 Disaster management plan of departments of State

Section 41 Functions of the local authority

Section 42 National Institute of Disaster Management

Section 43 Officers and other employees of the National Institute

Section 44 National Disaster Response Force

Section 45 Control, direction, etc

Section 46 National Disaster Response Fund

Section 47 National Disaster Mitigation Fund

Section 48 Establishment of funds by State Government

Section 49 Allocation of funds by Ministries and Departments

Section 50 Emergency procurement and accounting

Section 51 Punishment for obstruction, etc

Section 52 Punishment for false claim

Section 53 Punishment for misappropriation of money or materials, etc

Section 54 Punishment for false warning

Section 55 Offences by Departments of the Government

Section 56 Failure of officer in duty or his connivance at the contravention of the provisions of this Act

Section 57 Penalty for contravention of any order regarding requisitioning

Section 58 Offence by companies

Section 59 Previous sanction for prosecution

Section 60 Cognizance of offences

Section 61 Prohibition against discrimination

Section 62 Power to issue direction by Central Government

Section 63 Powers to be made available for rescue operations

Section 64 Making or amending rules, etc., in certain circumstances

Section 65 Power of requisition of resources, provisions, vehicles, etc., for rescue operations, etc

Section 66 Payment of compensation

Section 67 Direction to media for communication of warnings, etc

Section 68 Authentication of orders or decisions

Section 69 Delegation of powers Section 70 Annual report Section 71 Bar of jurisdiction of court

Section 72 Act to have overriding effect

Section 73 Action taken in good faith

Section 74 Immunity from legal process

Section 75 Power of Central Government to make rules

Section 76 Power to make regulations

Section 77 Rules and regulations to be laid before Parliament

Section 78 Power of State Government to make rules

Section 79 Power to remove difficulties

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