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Disaster Risk Reduction and Management Act 2017It is expedient to amend and consolidate the prevailing laws concerning disaster risks reduction and management to make provisions for affording protection of life of people in general; for protection of public, private and personal property; for protection of natural and cultural heritage and physical structures by managing all activities of disaster management in coordinative and effective manner.Chapter -2 Formation of Council and Functions, Duties and PowersFormation of Council: (1) There shall be a National Council for Disaster Risks Reduction and Management.The Council shall be formed as follows: -(a)Prime MinisterChairperson(b)Ministers of Government of Nepal looking after the portfolios of Finance, Supplies, Agricultural Development, Home Affairs, Physical Infrastructure and Transports, Women, Children and Social Welfare, Defense, Forests and Soil Conservation, Education, Urban Development, Irrigation, Information and Communication, Federal Affairs and Local DevelopmentMembers(c)Leader of Opposition in the House of RepresentativesMember(d)Chief Ministers of all ProvincesMember(e)Chief Secretary of Government of NepalMember(f)Chief of the Army Staffs, Nepali ArmyMember(g)Secretary of the MinistryMember(h)Three persons including one women nominated by the Council from amongst persons having expertise in disaster management Member(i)Executive Chief Member-SecretaryFunctions, duties and powers of Council: The Functions, duties and powers of the Council shall be as follows: -To approve national policies and plans relating to disaster management;To give necessary directives to the Executive Committee and Center as to the policies and plans to be adopted with regard to disaster management;To give policy directives to province and local levels on works of disaster management;To give directives to the Executive Committee and Center on management of financial resources for disaster management and to facilitate as may be necessary;To evaluate works carried out in relation to disaster management.Formation of Executive Committee: (1) There shall be an Executive Committee for execution of the policies and plans approved by the Council.The Executive Committee shall be formed as follows: -(a)Home Minister of Government of NepalChairperson(b)Ministers of Urban Development, Health and Federal Affairs and Local DevelopmentMembers(c)Secretaries of Ministries of Finance; Supplies; Industry; Agricultural Development; Home Affairs; Population and Environment; Foreign Affairs; Physical Infrastructure; Women, Children and Social Welfare; Defense; Forest and Soil Conservation, Science and Technology, Education, Federal Affairs and Local Development, Urban Development, Irrigation, and Health Members(d)Secretary, Office of the Prime Minister and Council of MinistersMember(e)Lieutenant General, Nepal ArmyMember(f)Chiefs of Nepal Police, Armed Police Force and of National Investigation Department Members(g)Executive Director, Nepal Rastra BankMember(h)Chairperson, Nepal Telecommunications AuthorityMember(i)Member-Secretary, Social Welfare Council Member(j)Chairperson, Nepal Chamber of CommerceMember(k) Chairperson, Nepal Red Cross SocietyMember(l)Chairperson, Federation of Nepalese Chambers of Commerce and IndustryMember(m)Executive Chief Member-SecretaryFunctions, duties and powers of Executive Committee: The functions, duties and powers of Executive Committee shall be as follows: -To formulate policies and plans relating to disaster management and to present them at the Council;Subject to the national policies and plans approved by the Council, to approve and execute integrated and sectoral policies, plans and programs relating to disaster risks reduction, disaster counteractions and disaster recovery;To approve strategic plans and programs relating to disaster management and to implement them;To define roles of all agencies and institutions of public, private, non-governmental sectors and to require such agencies and institutions to include disaster management component in their respective policies, plans and programs;To determine roles and responsibilities of ministries, departments and other agencies of Government of Nepal with regard to disaster management;To develop institutional capacity of federal, provincial, district and local levels on disaster management;To ask to introduce into school curricula subjects relating to disaster management;To formulate emergency plans for disaster risks reduction as per sectoral areas and get them implemented;To identify risks-prone areas to minimize potential threats of natural disaster and to prepare or cause to be prepared maps relating to risks and threats of such places;To prepare risk-sensitive development and land use plans and to get them implemented;To carry out disaster risk assessment of structures relating to public infrastructure;To relocate to safer places, the persons and communities living at unsafe places such as river banks and barren land, places prone to landslide or inundation or having risks of disaster;To formulate special plans and programs for women, children, senior citizens, Dalits and marginalized groups and communities, and people with disability who are on risks of disaster and to implement or get them implemented;To identify communities with high risks and implement programs or get them implemented to minimize risks;To develop and operate national advance warning system;To prepare formats of national disaster counteraction activities and to implement or get them implemented;To make provisions of immediate relief supply to persons affected by disaster;To prepare necessary procedures and standards for automatic mobilization of institutional mechanism for carrying out of searches, rescue and relief immediately after occurrence of a disaster;To manage for adequate infrastructure and facilities at public and private hospitals and medical institutions for emergency treatment and to make provisions for immediate treatment of those affected by disaster;To prepare necessary standards on roles of mass media in case of disasters and to execute them;To furnish suggestions on the national policies of immigration, customs and quarantine to be applied at the time of disaster;To restore economic activities, create opportunities of employment and to run programs for livelihood support at disaster-affected areas;To launch or get disaster recovery programs launched at disaster-affected areas;To mobilize international, bi-lateral and multi-lateral assistance available for disaster management at disaster-affected areas as per the prevailing law; To carry out other functions as assigned by Government of Nepal or Council for disaster management;To carry out other functions as prescribed for disaster management.Establishment of DRR and Management Authority and its Functions, Duties and PowersEstablishment of Authority : (1) In order to operate and manage activities relating to disaster management in effective manner, there shall be established under the Ministry a National Disaster Risks Reduction and Management Authority.(2) The Authority shall work under direct oversight and control of the Executive Committee. (3) The central office of the Authority shall be located in Kathmandu valley and it may establish offices in other places as required. (4) The Authority shall also work as the secretariat of the Council and the Executive Committee. Functions, duties and powers of the Authority: (1) The functions, duties and powers of the Authority shall be as follows: -To implement or get implemented the plans and programs approved and decisions made by the Council and Executive Committee;To act as Central Resource Center concerning disaster risk reduction and management;To conduct or get studies and researches conducted on river control, floods, landslides, earthquake, global warming, climate change, land use, and the probable causes and ways of minimization of various disaster;To make available financial and technical assistance to provincial and local levels for preparing periodic plans relating to disaster management as may be necessary;To involve or make NGOs, private sector and local community involved in functions relating to disaster management and to coordinate and facilitate in their works;To form search and rescue teams at federal, provincial and local levels and to develop their capacity for effective service delivery of search and rescue;To have coordination with relevant agencies, immediately after a disaster is occurred, for immediate rescue of persons living in areas that are most likely to be affected by it and to make reliable provisions for safety of people and property in disaster-affected areas;To mobilize stakeholder institutions such as security agencies, search and rescue teams, flying squads, local communities, Nepal Red Cross Society, Nepal Scout, volunteers, technicians for search and rescue of those affected by disaster;To manage and get managed all national and international search and rescue teams that join for humanitarian assistance and cash and relief materials received after an incident of disaster;To maintain an integrated record of international, bi-lateral and multi-lateral assistance received in the area of disaster management;To develop and operate national disaster management information system and to collect, analyze, store, and disseminate information and statistics of disaster management;To furnish advices and suggestions on the matters of disaster risk reduction and management to various agencies of Government of Nepal and other institutions; To determine curricula of basic orientation and trainings to be imparted by a public organization and business enterprise to their employees and workers on disaster management; To ask to maintain in ready position administrative and security mechanism of federal, provincial and local levels for their immediate mobilization for disaster management;To raise awareness with regard to disaster risks reduction;To conduct or cause to be conducted studies and researches on modern and traditional technologies including geo-science, seismology, hydrology and meteorology, geographical information system, remote-sensing system, prior-warning system for disaster risks reduction and to adopt appropriate technology;To operate and manage National Emergency Operation Center for making aware all beforehand on the possible incidents of disaster; to collect, analyze, and disseminate information immediately; and to coordinate and mobilize search and rescue and relief works;To form flying squads for immediate mobilization at the time of disaster;To form Volunteers Bureau for immediate mobilization at the time of crisis for search, rescue and relief;To mobilize local communities and volunteers for construction of temporary rehabilitation and learning centers for citizens living in disaster affected areas;To engage private and non-governmental organizations, local communities, and other stakeholders in disaster counteraction activities in a coordinated manner;To operate emergency warehouses for receiving and storing logistics and relief materials for disaster; To make available psycho-social counselling services for disaster-affected persons;To monitor whether or not Ministries, Departments and other agencies of Government of Nepal have played the roles and responsibilities as determined by the Executive Committee with regard to disaster management and to submit a report thereof to the Executive Committee; To carry out or cause to be carried out other functions relating to disaster management. Provisions concerning Provincial Disaster Management CommitteeProvincial Disaster Management Committee: (1) In order to carry on disaster management works at provincial level, there shall be a Province Disaster Management Committee under the chair of the Chief Minister. (2) The Functions, duties and powers of Provincial Disaster Management Committee shall be as follows: -Subject to the national policy and plan approved by the Council, to formulate mid-term and short-term policies, plans and programs concerning disaster management at the provincial level;To facilitate and coordinate works for bringing effectiveness in the operations of works concerning disaster preparedness by concerned agencies and local Disaster Management Committee;To coordinate and collaborate with federal, provincial and local levels and other stakeholders for bringing effectiveness in search, rescue and relief distribution works;To formulate norms and standards for management of relief materials;To construct temporary shelters and other temporary structures for the persons affected by disaster in emergency situation;To make provisions of essential commodities such as drinking water, food grain, clothes and medicines and treatment;To mobilize and get volunteers mobilized in disaster affected areas;In case Government of Nepal has declared disaster emergency area, to take control of vehicles, equipment, goods, food grains belonging to local government units, non-governmental organizations, and private sector, to maintain record thereof and to use or cause to be used;To give order to demolish insecure buildings at places where Government of Nepal has declared disaster emergency area and to help the local levels in such acts;To relocate the persons living at insecure places to secured places;Subject to prevailing laws, to distribute and utilize the relief materials or other assistance received from national and international non-governmental organizations;To develop and operate disaster management information system and prior warning system at the provincial level; To collect, analyze, store and disseminate information relating to disaster management at the provincial level;To send to the Center the details of search, rescue, and relief operation and works;To conduct monitoring and evaluation of the activities carried out by public organizations and business enterprises under this Act and to give necessary directives to such public organizations and business enterprises;To carry out necessary works with regard to market prices, artificial shortage of goods, and quality control and regulation;To carry out necessary works relating to disaster counteraction, disaster recovery, rehabilitation and reconstruction and relocation;To recommend to Government of Nepal in case emergency has to be declared in disaster affected area;To carry out other functions as prescribed in the area of disaster management. ................
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