Uttarakhand Disaster Mitigation Management and Prevention Act, 2005
No: 29 Dated: Nov, 11 2005
Uttarakhand Disaster Mitigation Management and Prevention Act, 2005
(Uttarakhand Act No. 29 of 2005)
An Act to provide for Disaster Mitigation, Management and Prevention in the State of Uttarakhand and the matters connected therewith or incidental thereto
Be it enacted by the State Assembly in the Fifty sixth year of the Republic of India as follows :-
CHAPTER-I
Preliminary
1. Short title, Extent and commencement. - (1) This act may be called the Uttarakhand Disaster Mitigation, Management and Prevention Act, 2005.
(2) It extends to the whole of the State of Uttarakhand.
(3) It shall come into force at once.
2. Definition. - In this Act, unless the context otherwise requires-
(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
3. Authorities for Disaster Management. - For the purposes of the Act the following shall be the competent Authorities namely :-
(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.