Declaration of Area as Disaster Prone Area or Disaster Affected Area | UTTAR PRADESH DISASTER MANAGEMENT ACT, 2005

UTTAR PRADESH DISASTER MANAGEMENT ACT, 2005

Declaration of Area as Disaster Prone Area or Disaster Affected Area

§32

Summary

32.(1) Where there is threat of an impending disaster or where a disaster has occurred (a) in an area spread over more than one district, the Commissioner, and (b) in an area restricted to a district, the District Magistrate may immediately make a report to that effect to the State Government. (2)(a) If the State Government, on the report of the Commissioner or of the District Magistrate under sub-section (1) or otherwise, is of the opinion that there is a threat of an impending disaster or that a disaster has occurred in an area of the State and that it is expedient, for the purposes of preventing such disaster or of coping with its effects, it may, by notification published in the Official Gazette and in any one or more newspapers having widest circulation in the area declare such area to be disaster prone area or disaster affected area (hereinafter in this section referred to as the affected area). (b) Where the State Government decides not to make declaration under clause (a), it shall send a communication accordingly to the Commissioner or, as the case may be, the District Magistrate. (3) A notification issued under section (2) in respect of an area shall specify the period not exceeding fifteen days during which the area shall, for the purposes of this Act, be the affected area : Provided that the State Government may extend such period from time to time by any period not exceeding fifteen days at any one time, if the State Government, having regard to a report made in that behalf by the Commissioner or, as the case may be, the District Magistrate or otherwise, is of the opinion that it is expedient to do so. (4) During the period an area is an affected area (a) the Authority shall perform or cause to be performed in such area functions related to (i) prevention of disaster or (ii) (a) 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 this Act or as are supplemental, incidental or consequential to the aforesaid functions, (d) Where the affected area is spread over more than one district, the Commissioner and where the affected area is restricted to a district, the District Magistrate shall perform such of the functions related to disaster management as are imposed on him by or under this Act, (5) (a) Where the Commissioner or the District Magistrate makes a report under sub-section (1), he shall commence performing the necessary functions imposed on him by or under this Act from the time he makes a report and (b) he shall cease to perform the functions (i) where an area is declared under clause (a) of sub-section (2) as the affected area for the period specified under subsection (3), on the expiry of such period, or (ii) Where such period is extended from time to time under the proviso in the said sub-section (3), 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 under clause (b) of sub-section (2). (6) The Authority, the Commissioner, the District Magistrate and all other agencies, shall cease to perform their functions in the affected area, on the expiry of the period referred to in sub-clause (i) or (ii) of clause (b) of sub-section (5).

32.(1) Where there is threat of an impending disaster or where a disaster has occurred (a) in an area spread over more than one district, the Commissioner, and (b) in an area restricted to a district, the District Magistrate may immediately make a report to that effect to the State Government. (2)(a) If the State Government, on the report of the Commissioner or of the District Magistrate under sub-section (1) or otherwise, is of the opinion that there is a threat of an impending disaster or that a disaster has occurred in an area of the State and that it is expedient, for the purposes of preventing such disaster or of coping with its effects, it may, by notification published in the Official Gazette and in any one or more newspapers having widest circulation in the area declare such area to be disaster prone area or disaster affected area (hereinafter in this section referred to as the affected area). (b) Where the State Government decides not to make declaration under clause (a), it shall send a communication accordingly to the Commissioner or, as the case may be, the District Magistrate. (3) A notification issued under section (2) in respect of an area shall specify the period not exceeding fifteen days during which the area shall, for the purposes of this Act, be the affected area : Provided that the State Government may extend such period from time to time by any period not exceeding fifteen days at any one time, if the State Government, having regard to a report made in that behalf by the Commissioner or, as the case may be, the District Magistrate or otherwise, is of the opinion that it is expedient to do so. (4) During the period an area is an affected area (a) the Authority shall perform or cause to be performed in such area functions related to (i) prevention of disaster or (ii) (a) 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 this Act or as are supplemental, incidental or consequential to the aforesaid functions, (d) Where the affected area is spread over more than one district, the Commissioner and where the affected area is restricted to a district, the District Magistrate shall perform such of the functions related to disaster management as are imposed on him by or under this Act, (5) (a) Where the Commissioner or the District Magistrate makes a report under sub-section (1), he shall commence performing the necessary functions imposed on him by or under this Act from the time he makes a report and (b) he shall cease to perform the functions (i) where an area is declared under clause (a) of sub-section (2) as the affected area for the period specified under subsection (3), on the expiry of such period, or (ii) Where such period is extended from time to time under the proviso in the said sub-section (3), 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 under clause (b) of sub-section (2). (6) The Authority, the Commissioner, the District Magistrate and all other agencies, shall cease to perform their functions in the affected area, on the expiry of the period referred to in sub-clause (i) or (ii) of clause (b) of sub-section (5).

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§32
Declaration of Area as Disaster Prone Area or Disaster Affected Area