SRI LANKA DISASTER MANAGEMENT ACT

Arrangement of Sections

1. Short title.

2. Establishment of the National Council for Disaster Management.

3. Constitution of the Council.

4. Function of the Council.

5. Meeting of the Council.

6. Quorum at meetings.

7. Seal of the Council.

8. Establishment of Disaster Management Centre.

9. Appointment of Technical Advisory Committees.

10. Disaster Management Plan.

11. Declaration of state of disaster.

12. Procedure to be followed upon the declaration of a state of disaster.

13. Council to obtain assistance of nongovernmental organisations.

14. Duties of an appropriate organisation.

15. Award of compensation.

16. Capital of the Council.

17. Fund of the Council.

18. Accounts and audit.

19. Application of Part II of the Finance Act, No. 38 of 1971.

20. Staff of the Council.

21. Designation of appropriate organisations.

22. Delegation of powers, duties and functions by the Chairman.

23. Protection for action taken in good faith.

24. Offences and penalties.

25. Interpretation.

26. Sinhala text to prevail in case of inconsistency.

13 of 2005.

AN ACT to provide for the establishment of the National Council for Disaster Management; the Disaster Management centre; the appointment of technical advisory committees; the preparation of Disaster Management plans; the declaration of a state of disaster; the award of compensation and for matters connected therewith or incidental thereto.

[Date of Commencement: 13th May, 2005]

1. Short title.

This Act may be cited as the Sri Lanka Disaster Management Act, and shall come into operation on such date (hereinafter referred to as the "appointed date”) as the Minister may appoint by Order published in the Gazette.

2. Establishment of the National Council for Disaster Management.

(1) There shall be established a body called the National Council for Disaster Management (hereinafter in this Act referred to as the "Council”).

(2) The Council shall by the name assigned to it by subsection (1), be a body corporate and shall have perpetual succession and a common seal and may sue and be sued in such name.

3. Constitution of the Council.

(1) The Council shall consist of—

(a) the President, who shall be the Chairman of the Council (hereinafter referred to as the "Chairman”);

(b) the Prime Minister, who shall be the Vice-Chairman of the Council;

(c) the Leader of the Opposition;

(d) the Ministers in charge of the following subjects—

(i) Social Welfare;

(ii) Rehabilitation and Reconstruction;

(iii) Environment;

(iv) Home Affairs;

(v) Health;

(vi) Science and Technology;

(vii) Housing;

(viii) Coast Conservation;

(ix) Irrigation;

(x) Power;

(xi) Defence;

(xii) Police;

(xiii) Finance;

(xiv) Land;

(xv) Fisheries and Aquatic Resources;

(xvi) Foreign Affairs;

(xvii) Water Supply;

(xviii) Highways;

(xix) Urban Development

(xx) Education;

(e) the Chief Ministers of every Provincial Council established by Article 154A of the Constitution:

(f) the persons referred to in subsection (3).

(2) The Council shall appoint a person to be the Secretary to the Council, and the person so appointed shall also be a member of the Council.

(3) The Speaker shall in consultation with the Leader of the Opposition, nominate five persons from amongst the opposition Members of Parliament to be members of the Council.

(4) The Council may from time to time co-opt as a member of the Council, any Minister in charge of any other subject for such period as it may consider necessary.

(5) Where a subject referred to in subsection (1) is a subject which the President has assigned to himself or is a subject which has been assigned to the Prime Minister, a person nominated by the President or the Prime Minister, as the case, may be, shall represent the President or the Prime Minister at the Council.

4. Function of the Council.

The functions of the Council shall be—

(a) to formulate a national policy and program on the management of disasters which shall provide for—

(i) the protection of life of the community and environment from disaster and the maintenance and development of disaster affected areas;

(ii) the effective use of resources for preparedness, prevention, response, relief, reconstruction and rehabilitation;

(iii) the enhancement of public awareness and training to help people to protect themselves from disasters; Functions of the Council of Sri Lanka Disaster Management Act, No. 13 of 2005;

(iv) capacity building, among persons living in areas vulnerable to disaster, in relation to risk management and the application of disaster management and mitigation practices; and

(v) pre-disaster planning, preparedness and mitigation while sustaining and further improving post-disaster relief, recovery and rehabilitation capabilities;

(b) to prepare and formulate the National Disaster Management Plan and the National Emergency Operation Plan based on the national policy and program formulated under paragraph (a), in order to ensure—

(i) preparedness for disasters and any other emergencies;

(ii) risk prevention; and

(iii) the prevention and mitigation of disaster;

(c) to monitor the implementation of the National Disaster Management Plan and the National Emergency Operation Plan and to submit such plans to the Cabinet of Ministers for its approval;

(d) to facilitate emergency response, recovery, relief, rehabilitation and reconstruction in the event of any disaster;

(e) where it considers appropriate, to take all steps necessary to counter any disaster or impending disaster, in accordance with the National Disaster Management Plan or in accordance with such measures as may be decided by the Council for such purposes;

(f) to direct, co-ordinate and monitor the activities of the Disaster Management Centre established under section 8 and the appropriate organisations designated under section 21, and to ensure that available resources are used effectively by such Centre and organisations in the discharge of their functions;

(g) to ensure that adequate publicity is given to the National Disaster Management Plan and the National Emergency Operation Plan;

(h) to specify guidelines to be complied with by every Ministry, Government Department and public corporation in the preparation of Disaster Management Plans under section 10;

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