Disaster Management Bill of the Kingdom of Bhutan 2010

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Establishment of Emergency Operation Centre

Personnel of the Emergency Operation Centre

Functions

CHAPTER 13

RELIEF ASSISTANCE AND COMPENSATION

Relief Assistance

Compensation for use, loss and damage of property

CHAPTER 14

OFFENCES AND PENALTIES

Impersonation of authorised person

Obstruction

Non-Compliance

Making False Claims

Misappropriation

False Alarm or Warning

Dereliction of Duty

Offences not specified under the Act

CHAPTER 15

MISCELLANEOUS

Affirmative Action on Gender

Protection from liability

Accounts and Audit

Sub-Committee

Power to make rules

Authoritative text

Amendment

Definition

Preamble

WHEREAS, pursuant to Article 33(2) of the Constitution of the Kingdom of Bhutan, 2008 the Royal Government of Bhutan may, in the event of public emergency or calamity which threatens or affects the nation as a whole or part thereof, take measures to the extent strictly required by the exigencies of the situation.

Parliament of the Kingdom of Bhutan during its …… Session held on….. Day of the …….Month of 2010 enacts the National Disaster Management Act of the Kingdom of Bhutan, 2010.

Chapter 1

Preliminary

Short title, commencement and extent

- This Act shall:

- be called the National Disaster Management Act of the Kingdom of Bhutan, 2010;

- come into force on the …Day of the…Month of the Iron Male Tiger Year of the Bhutanese Calendar corresponding to …Day of the … Month of 2010;and

- extend to the whole of the Kingdom of Bhutan.

Repeal

- This Act shall repeal the provisions of any law including directives and circulars that are inconsistent with this Act.

Limitation on the application of the Act

- This Act shall not apply to acts of war, terrorism, internal strife and armed rebellion.

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Purpose

- This Act provides for:

- an integrated and effective disaster management focusing on prevention, risk reduction and mitigation of the potential adverse effects of a disaster;

- an effective preparedness for managing the effects of a disaster;

- an efficient response and relief during a disaster;

- an effective recovery, rehabilitation and reconstruction following a disaster; and

- matters incidental thereto.

Chapter 2

National Disaster Management Authority

Membership

- The National Disaster Management Authority shall be the highest decision making body on disaster management in Bhutan.

- The National Disaster Management Authority shall comprise:

- the Prime Minister, who shall be the ex-officio Chairperson;

- the Minister in charge of the Department having administrative control of disaster management, who shall be the ex-officio Vice Chairperson;

- the Finance Minister;

- Dasho Zimpon, Office of the Gyalpoi Zimpon; and

- such other members as may be appointed by the Prime Minister on the basis of relevancy, in accordance with the rules framed under this Act.

Functions of the National Disaster Management Authority

- The National Disaster Management Authority shall:

- approve strategic policy and policy framework for disaster management;

- approve the National Disaster Management Contingency Plan;

- approve hazard zonation maps and infrastructure safety codes and standards prepared by the concerned Ministry and Agency and direct its implementation;

- approve resources required for disaster operations from government budget;

- approve the allocation of budget for disaster prevention, mitigation and preparedness budget;

- approve the allowances and standards as determined by the National Committee for Disaster Management;

- direct the National Committee for Disaster Management on such matters as it deems necessary for the effective implementation of this Act.

- The Chairperson of the National Disaster Management Authority shall, in the case of emergency, have the power to exercise all or any of the powers of the Authority, subject to post facto ratification by the Authority.

CHAPTER 3

Disaster Management Committee

National Committee for Disaster Management

- The National Committee for Disaster Management shall assist the National