State Government to take measures

Section 38 of the Disaster Management Act, 2005 deals with state Government to take measures. Subject to the provisions of this Act, each State Government shall take all measures specified in the guidelines laid down by the National Authority and such further measures as it deems necessary or expedient, for the purpose of disaster management. The Act came into force on 28 Jul 2006.

(1) Subject to the provisions of this Act, each State Government shall take all measures specified in the guidelines laid down by the National Authority and such further measures as it deems necessary or expedient, for the purpose of disaster management.

(2) The measures which the State Government may take under sub-section (1) include measures with respect to all or any of the following matters, namely:---

(a) coordination of actions of different departments of the Government of the State, the State Authority, District Authorities ¹[, Urban Authorities] ²[local authorities] and other non-governmental organisations;

(b) cooperation and assistance in the disaster management to the National Authority and National Executive Committee, the State Authority and the State Executive Committee, ³[the District Authorities and the Urban Authorities];

(c) cooperation with, and assistance to, the Ministries or Departments of the Government of India in disaster management, as requested by them or otherwise deemed appropriate by it;

(d) allocation of funds for measures for prevention of disaster, mitigation, capacity-building and preparedness by the departments of the Government of the State in accordance with the provisions of the State Plan ⁴[, the District Plans and the Urban Plans];

(e) ensure that the integration of measures for prevention of disaster or mitigation by the departments of the Government of the State in their development plans and projects;

(f) integrate in the State development plan, measures to reduce or mitigate the vulnerability of different parts of the State to different disasters;

(g) ensure the preparation of disaster management plans by different departments of the State in accordance with the guidelines laid down by the National Authority and the State Authority;

(h) establishment of adequate warning systems up to the level of vulnerable communities;

(i) ensure that different departments of the Government of the State ⁵[, the District Authorities and the Urban Authorities] take appropriate preparedness measures;

⁶[(ia) notify State-specific hazard-wise nodal Departments, which shall have the responsibility for monitoring, early warning, prevention, mitigation, preparedness and capacity building with regard to disasters arising from those State-specific hazards;]

(j) ensure that in a threatening disaster situation or disaster, the resources of different departments of the Government of the State are made available to the National Executive Committee or the State Executive Committee ⁷[, the District Authorities or the Urban Authorities], as the case may be, for the purposes of effective response, rescue and relief in any threatening disaster situation or disaster;

⁸[(k) provide recovery and reconstruction assistance to the victims of any disaster; and]

(l) such other matters as it deems necessary or expedient for the purpose of securing effective implementation of provisions of this Act.

Section 38, The Disaster Management Act, 2005 (Act 53 of 2005).