Chapter V ESTABLISHMENT AND CONSTITUTION OF AUTHORITY

(1) The State Government shall, by notification in the Official Gazette, establish an Authority by the name of the Gujarat State Disaster Management Authority with effect from such date as may be specified in the notification.

(2) The Authority shall be a body corporate, with perpetual succession and common seal and may sue or be sued in its corporate name and shall, subject to the provisions of this Act, be competent to acquire, hold and dispose of property, both movable and immovable, and to contract and do all things necessary for the purposes of this Act.

(3) The headquarters of the Authority shall be at such place as the State Government may, by notification in the Official Gazette, specify.

(4) The Authority may, with the approval of the State Government, establish offices at such other places within or outside the State as the Authority thinks fit.

(1) The Authority shall consist of Chairperson and not more than fourteen other members as follows, namely:--

(a) the Chief Minister of the State, ex-officio, who shall be the Chairperson;

(b) two Ministers nominated by the Chief Minister by virtue of their office from amongst the Council of Ministers of the State; (c) the Chief Secretary of the State, ex-officio; (d) the Secretary to Government of Gujarat, Revenue Department, ex-officio; (e) the Chief Executive Officer of the Authority, ex-officio;

(f) the State Relief Commissioner, ex-officio; (g) the Director General of Police of the State,

ex-officio;

(h) such other officers of the State Government as may be appointed by the State Government by virtue of their office:

Provided that when a proclamation made under article 356 of the Constitution is in force in the State, the Central Government may appoint three persons, in place of the Chief Minister and other two Ministers, to be the Chairperson and members of the Authority and the persons so appointed shall vacate their office upon the revocation or cesser of operation of such proclamation.

(2) The members of the Authority shall hold office during the pleasure of the State Government and shall receive such remuneration as may be prescribed.

(1) (1) The Authority shall meet at such times and places and shall, subject to the provisions of sub-section (2), observe such rules of procedure in regard to the transaction of its business at its meetings (including quorum at such meetings) as may be provided by the regulations.

(2) Every meeting shall be presided over by the Chairperson, if he is present at the time appointed for holding the same and, if the Chairperson is absent, by the senior Minister or in his absence, by the other Minister and, in absence of both the Ministers, by such one of the members present as may be chosen by the meeting to be the Chairperson for the occasion.

(3) All the questions at a meeting of the Authority shall be decided by a majority of votes of the members present and voting and, in the event of an equality of votes, the Chairperson shall have and exercise a second or casting vote.

(4) (a) Every member, who is, in any way whether directly or indirectly, concerned or interested in a contract or arrangement or proposed contract or arrangement, entered into or proposed to be entered into, by or on behalf of the Authority, shall disclose the nature of his concern or interest before or at a meeting of the Authority.

(b) No member shall take any part in discussion, or vote on, any contract or arrangement entered into or to be entered into by or on behalf of the Authority if he is in any way, whether directly or indirectly, concerned or interested in the contract or arrangement:

Provided that a member shall not be deemed to be concerned or interested as aforesaid by reason of his being a shareholder holding directly and indirectly in the aggregate less than two per cent. of the paid-up equity share capital of a company concerned or interested in any such contract or arrangement .

No act or proceeding of the Authority shall be invalid merely by reason of— (a) any vacancy therein or any defect in the constitution thereof, or (b) any irregularity in its procedure not affecting the merit of the case.

(1) The State Government shall appoint an officer not below the rank of Secretary to Government to be the Chief Executive Officer of the Authority who shall perform such functions as are prescribed by regulations.

(2) The Authority may appoint such other officers and employees subordinate to the Chief Executive Officer as it considers necessary for the efficient performance of its functions.

(3) The Chief Executive Officer appointed under sub-sections (1) shall be entitled to receive such salary and allowances and shall be governed by such conditions of service as may be prescribed.

(4) The officers and employees appointed under sub-section (2) shall be entitled to receive such salaries and allowances and shall be governed by such terms and conditions of service as determined by the regulations.

(5) The officers and employees of the Authority shall perform such functions as may be imposed upon them by a general or special order in writing issued by the Chief Executive Officer.

(1) The State Government may appoint for the whole State an officer not below the rank of Secretary to Government, to be the State Relief Commissioner.

(2) The Commissioner shall perform such functions related to disaster management as are imposed on him by or under this Act.

(2) The Commissioner shall be entitled to receive such salary and allowances and shall be governed by such conditions of service as may be prescribed.