Keyword(s):
Affected Area, Capacity Building, Disaster, Disaster Management, Emergency
Preparedness, Mitigation, Prevention, Reconstruction, Rehabilitation, Relief,
Stakeholder
ACT NO. 15 OF 2006
AN
ACT
to provide for effective management of disaster, for mitigation of effects of disaster, for administering, facilitating,
coordinating and monitoring emergency relief during and after occurrence of disasters and for implementing,
monitoring and coordinating measures for reconstruction and rehabilitation in the aftermath of disasters, in the
State and for matters connected herewith or incidental thereto.
Be it enacted by the Legislature of Sikkim in the Fifty-Seventh year of the Republic of India as follows:-Chapter I
Preliminary
(i) This Act may be called the Sikkim State Disaster Management Act, 2004.
(ii) It extends to the whole of the State of Sikkim.
(iii) It shall come into force on such date as the State Government may, by
notification in the official Gazette, appoint.
In this Act, unless the context otherwise requires, –
a. “Affected area” means the area declared as such under clause (2) of section 16 of
this Act;
b. “Authority” means the Sikkim State Disaster Management Authority established under
section 5 of this Act ;
c.“Capacity building” means building of capacity to cope up with any disaster and
includes :
i. Identification of existing resources relevant to any disaster and to be acquired for the
purpose of this Act;
ii. Acquiring and creating resource, organization and training of groups in local community;
and
iii. Coordination of such training;
d. “Commissioner” means Relief Commissioner for Disaster Management Department
in the State;
e. “District Collector (DC)” or “District Magistrate (DM)” means an Officer in charge of an
Administrative District as notified under the provisions of Criminal Procedure Code
1973;
f. “Disaster” means an actual or imminent event, whether natural or otherwise occurring
in any part of state which causes, or threatens to cause, all or any of the following;
i. Widespread loss or damage to property, both movable or immovable; or
ii. Widespread loss of human life or injury or illness to human beings; or
iii. Widespread loss of livestock or illness to livestock; or
iv. Damage or degradation of environment;
and any of the effects specified in sub- section (a) to (d) is such that it is be beyond
the capacity of the affected community to cope up with using its own resources and which
disrupts the normal functioning of the community;
g. “Disaster Management” means a continuous and integrated process of planning and
implementation of measures, with a view to:
i. mitigating or reducing the risk of disaster;
ii. mitigating the severity or consequence of disaster;
iii. capacity building;
iv. emergency preparedness;
v. assessing the effects of disaster;
vi. providing emergency relief and resource; and
vii post – disaster rehabilitation and reconstruction;
Definitions
2.
Short title, extent 1.
commencementh. ”emergency preparedness” means the state of readiness which enables stakeholders
to mobilize, organize and provide relief to deal with an impending or actual disaster
or the effects of disaster;
i. ”Local Authority” means a municipal corporation,municipal council, urban local
bodies, Zilla Parishad, Gram Panchayat, legally recognised traditional institutions
or any other institution declared by State Government;
j. “mitigation” means measures aimed at reducing the impact or effects of a disaster;
k. magistrate means judicial magistrate.
l. Prevention” means measures, the object of which is to avoid the occurrence of
disaster:
m. “reconstruction” means repair and reconstruction of a property undertaken after a
disaster;
n. “rehabilitation” means any activity the object of which is to restore normalcy in condition
caused by a disaster;
o. “relief” means measures taken during or immediately after a declaration of disaster
to diminish, or alleviate any suffering, pain, injury or distress or hardship caused on
account of disaster;
p. “Secretary” means Secretary for disaster management Department in the State;
q. “ Stakeholder” includes-
a. the State Government;
b. any statutory functionary;
c. voluntary agencies;
d. any other person/ agency identified by the State Government;
e. which participate in any manner in activities related to disaster management.
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