Section 23 in Uttarakhand Disaster Mitigation, Management and Prevention Act, 2005
23. Area Declaration of an area as disaster prone area or disaster affected area.
(1)The Chief Executive Officer of the Authority, on report of a District Magistrate or District Magistrates, as the case may be, or otherwise declare an area to be disaster prone area or disaster effected area. The declaration so made shall be laid before the Authority by the Chief Executive Officer within one week of such declaration for the approval of the Authority.(2)The notification issued under sub-section (1) in respect of an area shall specify the period, not exceeding fifteen days, during which the said area shall, for the purposes of this Act, remain to be the affected area:Provided that the State Government may extend this period, from time to time by any period not exceeding fifteen days, at 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.(3)(a)During the period an area remains an affected area the Authority shall perform or cause to be preformed in that area functions relating to-(i)prevention of disaster, or(ii)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 the Act or as are supplemental, incidental or consequential to the aforesaid functions.(4)Where the affected area is spread over more than one District, the Government 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), simultaneously he shall commence performing the necessary functions imposed on him by or under this Act from the time for therewith; and(b)he shall cease to perform the functions-(i)where an area is declared under sub-section (1) of section 23 as the affected area for the period specified under sub-section (2) on the expiry of such period, or(ii)where such period is extended from time to time under the proviso to sub section (2) 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 as under clause of subsection (5).(6)The Authority, the Commissioner, the District Magistrate and all other agencies, shall cease to perform their functions in the aforesaid area, on the expiry of the period referred to in sub-clause (i) or (ii) of clause (b) of subsection (5).Chapter-XII Finance, Accounts, Audit and Reports.
