THE NATIONAL FLOOD CONTROL AND REHABILITATION AUTHORITY BILL, 2010

Transcription

1 1 AS INTRODUCED IN LOK SABHA THE NATIONAL FLOOD CONTROL AND REHABILITATION AUTHORITY BILL, 2010 By SHRI A.T. NANA PATIL, M.P. BILL to provide for the setting up of a National Flood Control and Rehabilitation Authority to suggest measures to prevent and control floods, provide relief to people affected by floods and for matters connected therewith. BE it enacted by Parliament in the Sixty-first Year of the Republic of India as follows: 1. (1) This Act may be called the National Flood Control and Rehabilitation Authority Act, (2) It shall come into force at once. 2. In this Act, unless the context otherwise requires, (a) appropriate Government means in the case of a State, the Government of that State and in all other cases, the Central Government; (b) Authority means the National Flood Control and Rehabilitation Authority established under section 3; and A Bill No. 137 of 2010 Short title and commencement. Definitions.

2 2 Establishment of National Flood Control and Rehabilitation Composition of the Functions of the Cost to be borne by Central and State Governments. Central Government to implement the recommendations of the District Committee. (c) prescribed means prescribed by rules made under this Act. 3. (1) The Central Government shall, by notification in the Official Gazette, establish an Authority to be called the National Flood Control and Rehabilitation (2) The head office of the Authority shall be at Mumbai in the State of Maharashtra. 4. (1) The Authority shall consist of: (i) a Chairperson, who shall be an expert in the field of flood control, to be appointed by the Central Government; and (ii) one member representing each State and Union territory, who shall be experts on flood control measures and relief management, to be nominated by the Central Government in such manner as may be prescribed. (2) The salary and allowances payable to and other terms and conditions of service of the Chairperson and members of the Authority shall be such as may be prescribed. (3) The Central Government shall make available to the Authority such number of officers and staff as may be required for efficient functioning of the. The Authority shall perform the following functions: (a) identify areas which are prone to floods; (b) suggest and recommend to the Central Government measures to prevent and control floods and rehabilitation of flood victims; (c) frame a time-bound plan for inter-linking of rivers which are prone to floods with the ones which are not so; (d) suggest measures for the development of land in areas which are prone to floods; (e) install flood forecasting system in flood prone areas; (f) advise State Governments on rehabilitation measures during floods; (g) advise State Governments on proper storage of rainwater and construction of dams to prevent floods; and (h) give direction to the District Committee set up under section 8 in regard to assistance to be provided to the persons affected by flood. 6. The expenditure incurred on implementation of flood control and other measures suggested by the Authority shall be borne by the Central Government and the State Governments in such ratio, as may be prescribed. 7. It shall be the duty of the Central Government to implement the recommendations of the Authority: Provided that where any recommendation of the Authority cannot be implemented due to financial or any other reason, the Central Government shall inform the Authority accordingly. 8. (1) The appropriate Government shall set up a Committee in each district to be known as the District Committee under the Chairmanship of the District Collector/District Magistrate/Deputy Commissioner. (2) The District Committee shall consist of five members to be nominated by the appropriate Government. (3) The District Committee shall function under the guidance and supervision of the

3 (4) The District Committee shall provide financial assistance, shelter and other facilities to the people affected by floods within a period of fifteen days from date of occurrence of flood in its jurisdiction. () If the District Committee does not deliver assistance to the persons affected by the flood within fifteen days of the occurrence of the flood, the District Committee shall be subject to such action as may be determined by the 9. (1) The Authority shall prepare, in such form and manner, as may be prescribed, an annual report giving a true and full account of its activities during the previous year and submit it to the Central Government. (2) The Central Government shall cause to be laid before each House of Parliament the reports submitted to it under sub-section (1). 10. (1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of the Act. (2) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both the Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. Annual Report. Power to make rules.

4 STATEMENT OF OBJECTS AND REASONS Floods are a frequent occurrence across the country and result in widespread loss of life and property. The Government is under constant pressure to manage the natural calamities and to undertake relief measures. Every time it is observed that there is delay in providing relief to the persons affected by floods due to lack of coordination among various relief providing agencies. There are a number of perennially flowing rivers in the country and enormous amount of water of these rivers flows into the sea. This wastage of water should be prevented and utilised by diverting water from water surplus to water deficit areas. On the other hand, our ground water level is also rapidly declining. Thus, if there is no proper planning and mechanism to harvest water, the country will face water crisis in future. It is the need of the hour to formulate a national policy for water harvesting, creating public awareness and preservation of water and adopting a scientific approach for the control of floods and related natural calamities. Hence, this Bill seeks to provide for the setting up of an authority to suggest measures to the Government to prevent and control floods and to provide relief to flood affected people in a time-bound manner. NEW DELHI; October 22, A.T. NANA PATIL 4

5 FINANCIAL MEMORANDUM Clause 3 of the Bill provides for setting up of a National Flood Control and Rehabilitation Clause 4 provides for payment of salary and allowances to the members of the Clause 6 provides that the expenditure incurred on implementation of flood control measures suggested by the Authority shall be borne by the Central Government and State Governments. Clause 8 provides for setting up of District Committees to provide financial assistance, shelter and other facilities to the victims of the floods. While the expenditure relating to District Committees in the States shall be met out of the Consolidated Funds of the respective States, the expenditure relating to District Committees under the Union Territory Administration shall be met out of the Consolidated Fund of India. The Bill, therefore, if enacted, would involve expenditure from the Consolidated Fund of India. It is likely to involve a recurring expenditure of about rupees five thousand crore per annum. A non-recurring expenditure of about rupees two hundred crore is also likely to be involved.

6 MEMORANDUM REGARDING DELEGATED LEGISLATION Clause 10 of the Bill gives power to the Central Government to frame rules for carrying out the purposes of the Bill. The rules will relate to matters of detail only and as such the delegation of legislative power is of a normal character. 6

7 LOK SABHA A BILL to provide for the setting up of a National Flood Control and Rehabilitation Authority to suggest measures to prevent and control floods, provide relief to people affected by floods and for matters connected therewith. (Shri A.T. Nana Patil, M.P.) GMGIPMRND 212LS(S3)