section 4
Function of State Government
Sikkim State Disaster Management Act, 2004General200423 sections
Statutory text
- (1) The State government shall ensure that all the authorities specified in section 3 and stakeholders shall take such measures, as are necessary or expedient for the purpose of managing a disaster and mitigating its effects.
- (2) In particular and without prejudice to the generality of the provisions of sub section
- (1) such measures may include the following: -
- (a) ensuring that appropriate policies and guidelines are developed;
- (b) revamping the Land Revenue Department to include all the aspects of Disaster Management and redesigning it as Disaster Management Department with enhanced areas of responsibilities to include mitigation, prevention and preparedness;
- (c) ensuring the involvement of all departments of Government, local authorities, and any other organization, whose services are required for Disaster Management;
- (d) mainstreaming Disaster Mitigation/ prevention into the development process;
- (e) promoting techno-legal regimes for safe construction practices;
- (f) ensure that State Building Codes are modified to incorporate the BIS codes/ National Building Codes;
- (g) enhancing the capacity of Urban Local Bodies to enforce compliance of techno- legal regimes;
- (h) ensuring that the State search & rescue team is constituted, equipped and made functional;
- (i) ensure that capacity building institutions are identified and made functional;
- (j) ensure that State Relief Code is modified to incorporate mitigation, preparedness and planning measures and rename it as State Disaster Management Code;
- (k) ensuring that the State Administration and local authorities shall take into consideration the guidelines laid down by the State Government while planning its activities;
- (l) ensuring that State Response Plan, Emergency support function structures are prepared and tested;
- (m) ensuring that State and District Emergency Operation Centers are established, equipped and made functional;
- (n) ensuring that a comprehensive communication and technology network is established and maintained;
- (o) developing simplified user friendly warning protocols up to the district level and ensuring its communication to community;
- (p) facilitating procurement related to disaster management of materials, equipments and services in connection with the disaster management and ensuring their quality;
- (q) ensuring that disaster management plans at State /District/ gram pancahayt/Village are prepared and training for managing the disaster is imparted;
- (r) putting appropriate Standard Operating procedures for Incident Command System at each level for professional management of disaster; evolving a policy in conformity with the existing guidelines for receipt of funds from outside Government for Disaster Management;
- (t) promoting adequate risk transfer, risk sharing and cost sharing mechanism;
- (u) ensuring that adequate funds are available for Disaster Management;
- (v) ensuring appropriate recovery measures;
- (w) taking such steps and issuing such direction as may be necessary to prevent escalation of the disaster or to alleviate, contain or minimize the effects of the disaster;
- (x) promoting scientific studies into the area of disaster risk reduction and ensuring its application in better disaster management;
- (y) institutionalizing knowledge and lessons learnt in the process of disaster management;
- (z) promoting regional co-operation in terms of man, material and knowledge sharing in the field of disaster management by involving North Eastern Council.
- (3) Subject to provision of this Act, the State Government, may in exercise of its power and performance of its function under this Act, issue a direction in writing to a person or authority for the purpose of avoiding an imminent damage arising out of a disaster or mitigation of its effects and such person or authority shall comply with such direction.
- (4) Subject to the provision of this Act, the State Government may in exercise of its powers and performance of its function, under this Act suspend operation of any executive order if such executive order prevents, hinders or delays any necessary action in coping with disaster.
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