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Section 57 of Disaster Management Act 2005 - Penalty for contravention of any order regarding requisitioning

If any person contravenes any order made under section 65, he shall be punishable with imprisonment for a term which may extend to one year or with fine or with both.

 

Section 58 of Disaster Management Act 2005 - Offence by companies

(1) Where an offence under this Act has been committed by a company or body corporate, every person who at the time the offence was committed, was in charge of, and was responsible to, the company, for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly:

 

Provided that nothing in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company, and it is proved that the offence was committed with the consent or connivance of or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also, be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanation.-For the purpose of this section-

(a) "company" means any body corporate and includes a firm or other association of individuals;

and

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

 

Section 59 of Disaster Management Act 2005 - Previous sanction for prosecution

No prosecution for offences punishable under sections 55 and 56 shall be instituted except with the previous sanction of the Central Government or the State Government, as the case may be, or of any officer authorised in this behalf, by general or special order, by such Government.

 

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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