jbp123/hello · Datasets at Hugging Face

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and effective response to disaster.	The functions of the NDMA are as follows:	1. To lay down policies on disaster management.
2. To approve the National Plan.	3. To approve plans prepared by the Ministries or Departments	of the Government of India in accordance with the National
Plan.	4. To lay down guidelines to be followed by the State Disaster	Management Authorities (SDMAs)3 in drawing up the State
Plan.	5. To lay down guidelines to be followed by the different	Ministries or Departments of the Government of India for the
purpose of integrating the measures for prevention of	disaster or the mitigation of its effects in their development	plans and projects.
6. To coordinate the enforcement and implementation of the	policy and plan for disaster management.	7. To recommend provision of funds for the purpose of
mitigation.	8. To provide such support to other countries affected by major	disasters as may be determined by the central government.
9. To take other such measures for the prevention of disaster,	or the mitigation, or preparedness and capacity building for	dealing with the threatening disaster situation or disaster as
it may consider necessary.	10. To lay down broad policies and guidelines for the functioning	of the National Institute of Disaster Management4 .
ADDITIONAL FUNCTIONS OF THE NDMA	In addition to the above, the NDMA also performs the following	functions:
1. It recommends guidelines for the minimum standards of	relief to be provided to persons affected by disaster.	2. It recommends, in cases of disasters of severe magnitude,
relief in repayment of loans or grant of fresh loans on	concessional terms to the persons affected by such	disasters.
3. It exercises the general superintendence, direction and	control of the National Disaster Response Force (NDRF).	This force has been constituted for the purpose of specialist
response to a threatening disaster situation or disaster.	4. It authorises the concerned department or authority to make	the emergency procurement of provisions or materials for
rescue or relief in any threatening disaster situation or	disaster. In such case, the standard procedure requiring	inviting of tenders is deemed to be waived.
5. It prepares an annual report on its activities and submits it to	the central government. The central government causes it to	be laid before both Houses of Parliament5 .
STATE DISASTER MANAGEMENT AUTHORITY	Composition	Every state government should establish a State Disaster
Management Authority (SDMA) for the state. An SDMA consists	of a chairperson and other members, not exceeding nine. The	Chief Minister of the state is the ex-officio chairperson of the
SDMA. The chairperson of the State Executive Committee is the	ex-officio member of the SDMA. The other members, not	exceeding eight, are nominated by the chairperson of the SDMA.
The chairperson of the SDMA designates one of the members as	the vice-chairperson of the SDMA. The chairperson of the State	Executive Committee acts as the ex-officio chief executive officer
of the SDMA.	Functions	An SDMA has the responsibility for laying down policies and plans
for disaster management in the state. Its functions include the	following:	1. To lay down the state disaster management policy.
2. To approve the State Plan in accordance with the guidelines	laid down by the NDMA.	3. To approve the disaster management plans prepared by the
departments of the government of the state.	4. To lay down guidelines to be followed by the departments of	the government of the state for the purposes of integration of
measures for prevention of disasters and mitigation in their	development plans and projects and provide necessary	technical assistance thereof.
5. To coordinate the implementation of the State Plan.	6. To recommend provision of funds for mitigation and	preparedness measures.
7. To review the development plans of the different	departments of the state and ensure that prevention and	mitigation measures are integrated therein.
8. To review the measures being taken for mitigation, capacity	building and preparedness by the departments of the	government of the state and issue such guidelines as may
DISTRICT DISASTER MANAGEMENT AUTHORITY	Composition	Every state government should establish a District Disaster
Management Authority (DDMA) for every district in the state. A	DDMA consists of a chairperson and other members, not	exceeding seven. The Collector (or District Magistrate or Deputy
Commissioner) of the district is the ex-officio chairperson of the	DDMA. The elected representative of the local authority is the ex-	officio co-chairperson of the DDMA. But, in case of Tribal Areas
(as referred to in the Sixth Schedule to the Constitution of India),	the chief executive member of the district council of autonomous	district is the ex-officio co-chairperson of the DDMA. The chief
executive officer of the DDMA, the superintendent of police and	the chief medical officer of the district are the ex-officio members	of the DDMA. Not more than two other district level officers are
appointed by the state government as the members of the DDMA.	In case of a district where Zilla Parishad exists, the chairperson of	that Zilla Parishad is the co-chairperson of the DDMA. The chief
executive officer of the DDMA is appointed by the state	government.	Functions
The DDMA acts as the district planning, coordinating and	implementing body for disaster management and takes all	measures for the purposes of disaster management in the district
in accordance with the guidelines laid down by the NDMA and the	SDMA. Its functions are as follows:	1. To prepare a disaster management plan including district
response plan for the district.	2. To coordinate and monitor the implementation of the	National Policy, State Policy, National Plan, State Plan and
District Plan.	3. To ensure that the areas in the district vulnerable to	disasters are identified and measures for the prevention of
disasters and the mitigation of its effects are undertaken by	the departments of the government at the district level as	well as by the local authorities.
4. To ensure that the guidelines for prevention of disasters,	mitigation of its effects, preparedness and response	measures as laid down by the NDMA and the SDMA are
followed by all departments of the government at the district	level and the local authorities in the district.	5. To organise and coordinate specialised training programmes
for different levels of officers, employees and voluntary	rescue workers in the district.	6. To facilitate community training and awareness programmes
for prevention of disaster or mitigation with the support of	local authorities, governmental and non-governmental	organisations.
7. To set up, maintain, review and upgrade the mechanism for	early warnings and dissemination of proper information to	the public.
8. To advise, assist and coordinate the activities of the	departments of the government at the district level, statutory	bodies and other governmental and nongovernmental
organisations in the district engaged in disaster	management.	9. To identify buildings and places which could, in the event of
any threatening disaster situation or disaster, be used as	relief centres or camps and make arrangements for water	supply and sanitation in such buildings or places.
10. To perform such other functions as the state government or	SDMA may assign to it or as it deems necessary for disaster	management in the District.
NOTES AND REFERENCES	1. Annual Report 2016–17, National Disaster Management	Authority, Government of India, p. 2.
2. Ibid.	3. The Act also provided for the establishment of the State	Disaster Management Authorities and the District
Disaster Management Authorities.	4. The National Institute of Disaster Management is	located at New Delhi.
PART-IX	OTHER CONSTITUTIONAL DIMENSIONS	64. Co-operative Societies
65. Official Language	66. Public Services	67. Rights and Liabilities of the Government
64 Co-operative Societies	T	he 97th Constitutional Amendment Act of 2011 gave a
constitutional status and protection to co-operative	societies. In this context, it made the following three	changes in the constitution:
1. It made the right to form co-operative societies a	fundamental right (Article 191 ).	2. It included a new Directive Principle of State Policy on
promotion of co-operative societies (Article 43-B2 ).	3. It added a new Part IX-B in the Constitution which is entitled	“The Co-operative Societies” (Articles 243-ZH to 243-ZT).
CONSTITUTIONAL PROVISIONS	Part IX-B of the constitution contains the following provisions with	respect to the cooperative societies:
Incorporation of Co-operative Societies: The state legislature	may make provisions for the incorporation, regulation and	winding-up of co-operative societies based on the principles of
voluntary formation, democratic membercontrol, member-	economic participation and autonomous functioning.	Number and Term of Members of Board and its Office
Bearers: The board shall consist of such number of directors as	may be provided by the state legislature.3 But, the maximum	number of directors of a co-operative society shall not exceed
twenty-one.	The state legislature shall provide for the reservation of one	seat for the Scheduled Castes or the Scheduled Tribes and two
seats for women on the board of every co-operative society	having members from such a category of persons.	The term of office of elected members of the board and its
office bearers shall be five years from the date of election.4	The state legislature shall make provisions for co-option of	persons having experience in the field of banking, management,
finance or specialisation in any other related field, as members of	the board. But, the number of such co-opted members shall not	exceed two (in addition to twenty-one directors). Further, the co-
opted members shall not have the right to vote in any election of	the co-operative society or be eligible to be elected as office	bearers of the board.
The functional directors of a co-operative society shall also be	the members of the board and such members shall be excluded	for the purpose of counting the total number of directors (that is,
twenty-one).	Election of Members of Board: The election of a board shall be	conducted before the expiry of the term of the board so as to
immediately on the expiry of the term of the office of members of	the outgoing board.	The superintendence, direction and control of the preparation of
electoral rolls and the conduct of elections to a co-operative	society shall vest in such body, as may be provided by the state	legislature.
Supersession and Suspension of Board and Interim	Management: No board shall be superseded or kept under	suspension for a period exceeding six months.5 The board may be
superseded or kept under suspension in case	(i) Of its persistent default	(ii) Of negligence in the performance of its duties
(iii) Of committing any act prejudicial to the interests of the co-	operative society or its members	(iv) Of there being a stalement in the constitution or functions of
the board	(v) Of the election body having failed to conduct elections in	accordance with the provisions of the State Act.
However, the board of any such co-operative society shall not	be superseded or kept under suspension where there is no	Government shareholding or loan or financial assistance or any
guarantee by the Government.	In case of supersession of a board, the administrator appointed	to manage the affairs of such a co-operative society shall arrange
for conduct of elections within the period of six months and hand-	over the management to the elected board.	Audit of Accounts of Co-operative Societies: The state
legislature may make provisions for the maintenance of accounts	by the co-operative societies and the auditing of such accounts at	least once in each financial year. It shall lay down the minimum
qualifications and experience of auditors and auditing firms that	shall be eligible for auditing the accounts of the co-operative	societies.
Every co-operative society shall be audited by an auditor or	auditing firm, appointed by the general body of the co-operative	society. But, such an auditor or auditing firm shall be appointed
from a panel approved by the State Government or a body	authorised by the State Government on this behalf.	The accounts of every co-operative society shall be audited
within six months of the close of the financial year.	The audit report of the accounts of an apex co-operative	society shall be laid before the state legislature.
Convening of General Body Meetings: The state legislature	may provide that the annual general body meeting of every co-	operative society shall be convened within a period of six months
of the close of the financial year. Right of a Member to Get	Information: The state legislature may provide for access to every	member of a co-operative society to the books, information and
accounts of the co-operative society. It may also make provisions	to ensure the participation of members in the management of the	co-operative society. Further, it may provide for co-operative
education and training for its members.	Returns: Every co-operative society shall file returns, within six	months of the close of every financial year, to the authority
designated by the State Government. These returns shall include	the following matters:	(a) Annual report of its activities
(b) Its audited statement of accounts	(c) Plan for surplus disposal as approved by the general body of	the co-operative society
(d) List of amendments to the by-laws of the co-operative	society	(e) Declaration regarding date of holding of its general body
meeting and conduct of elections when due	(f) Any other information required by the Registrar in pursuance	of any of the provisions of the State Act.6
Offences and Penalties: The state legislature may make	provisions for the offences relating to the co-operative societies	and penalties for such offences. Such a law shall include the
commission or omission of the following acts as offences:	(a) A co-operative society wilfully makes a false return or	furnishes false information
(b) Any person wilfully disobeys any summon, requisition or	order issued under the State Act	(c) Any employer who, without sufficient cause, fails to pay to a
co-operative society the amount deducted from its employee	within a period of fourteen days	(d) Any officer who wilfully fails to handover custody of books,
accounts, documents, records, cash, security and other	property belonging to a co-operative society to an authorised	person
(e) Any person who adopts corrupt practices before, during or	after the election of members of the board or office bearers.	Application to Multi-state Co-operative Societies: The
provisions of this part shall apply to the multi-state co-operative	societies subject to the modification that any reference to the	“State Legislature”, “State Act” or “State Government” shall be
construed as a reference to “Parliament”, “Central Act” or “Central	Government” respectively.	Application to Union Territories: The provisions of this part shall
apply to the Union territories. But, the President may direct that	the provisions of this part shall not apply to any Union territory or	part thereof as he may specify in the notification.

and effective response to disaster.

The functions of the NDMA are as follows:

1. To lay down policies on disaster management.

2. To approve the National Plan.

3. To approve plans prepared by the Ministries or Departments

of the Government of India in accordance with the National

Plan.

4. To lay down guidelines to be followed by the State Disaster

Management Authorities (SDMAs)3 in drawing up the State

Plan.

5. To lay down guidelines to be followed by the different

Ministries or Departments of the Government of India for the

purpose of integrating the measures for prevention of

disaster or the mitigation of its effects in their development

plans and projects.

6. To coordinate the enforcement and implementation of the

policy and plan for disaster management.

7. To recommend provision of funds for the purpose of

mitigation.

8. To provide such support to other countries affected by major

disasters as may be determined by the central government.

9. To take other such measures for the prevention of disaster,

or the mitigation, or preparedness and capacity building for

dealing with the threatening disaster situation or disaster as

it may consider necessary.

10. To lay down broad policies and guidelines for the functioning

of the National Institute of Disaster Management4 .

ADDITIONAL FUNCTIONS OF THE NDMA

In addition to the above, the NDMA also performs the following

functions:

1. It recommends guidelines for the minimum standards of

relief to be provided to persons affected by disaster.

2. It recommends, in cases of disasters of severe magnitude,

relief in repayment of loans or grant of fresh loans on

concessional terms to the persons affected by such

disasters.

3. It exercises the general superintendence, direction and

control of the National Disaster Response Force (NDRF).

This force has been constituted for the purpose of specialist

response to a threatening disaster situation or disaster.

4. It authorises the concerned department or authority to make

the emergency procurement of provisions or materials for

rescue or relief in any threatening disaster situation or

disaster. In such case, the standard procedure requiring

inviting of tenders is deemed to be waived.

5. It prepares an annual report on its activities and submits it to

the central government. The central government causes it to

be laid before both Houses of Parliament5 .

STATE DISASTER MANAGEMENT AUTHORITY

Composition

Every state government should establish a State Disaster

Management Authority (SDMA) for the state. An SDMA consists

of a chairperson and other members, not exceeding nine. The

Chief Minister of the state is the ex-officio chairperson of the

SDMA. The chairperson of the State Executive Committee is the

ex-officio member of the SDMA. The other members, not

exceeding eight, are nominated by the chairperson of the SDMA.

The chairperson of the SDMA designates one of the members as

the vice-chairperson of the SDMA. The chairperson of the State

Executive Committee acts as the ex-officio chief executive officer

of the SDMA.

Functions

An SDMA has the responsibility for laying down policies and plans

for disaster management in the state. Its functions include the

following:

1. To lay down the state disaster management policy.

2. To approve the State Plan in accordance with the guidelines

laid down by the NDMA.

3. To approve the disaster management plans prepared by the

departments of the government of the state.

4. To lay down guidelines to be followed by the departments of

the government of the state for the purposes of integration of

measures for prevention of disasters and mitigation in their

development plans and projects and provide necessary

technical assistance thereof.

5. To coordinate the implementation of the State Plan.

6. To recommend provision of funds for mitigation and

preparedness measures.

7. To review the development plans of the different

departments of the state and ensure that prevention and

mitigation measures are integrated therein.

8. To review the measures being taken for mitigation, capacity

building and preparedness by the departments of the

government of the state and issue such guidelines as may

DISTRICT DISASTER MANAGEMENT AUTHORITY

Composition

Every state government should establish a District Disaster

Management Authority (DDMA) for every district in the state. A

DDMA consists of a chairperson and other members, not

exceeding seven. The Collector (or District Magistrate or Deputy

Commissioner) of the district is the ex-officio chairperson of the

DDMA. The elected representative of the local authority is the ex-

officio co-chairperson of the DDMA. But, in case of Tribal Areas

(as referred to in the Sixth Schedule to the Constitution of India),

the chief executive member of the district council of autonomous

district is the ex-officio co-chairperson of the DDMA. The chief

executive officer of the DDMA, the superintendent of police and

the chief medical officer of the district are the ex-officio members

of the DDMA. Not more than two other district level officers are

appointed by the state government as the members of the DDMA.

In case of a district where Zilla Parishad exists, the chairperson of

that Zilla Parishad is the co-chairperson of the DDMA. The chief

executive officer of the DDMA is appointed by the state

government.

Functions

The DDMA acts as the district planning, coordinating and

implementing body for disaster management and takes all

measures for the purposes of disaster management in the district

in accordance with the guidelines laid down by the NDMA and the

SDMA. Its functions are as follows:

1. To prepare a disaster management plan including district

response plan for the district.

2. To coordinate and monitor the implementation of the

National Policy, State Policy, National Plan, State Plan and

District Plan.

3. To ensure that the areas in the district vulnerable to

disasters are identified and measures for the prevention of

disasters and the mitigation of its effects are undertaken by

the departments of the government at the district level as

well as by the local authorities.

4. To ensure that the guidelines for prevention of disasters,

mitigation of its effects, preparedness and response

measures as laid down by the NDMA and the SDMA are

followed by all departments of the government at the district

level and the local authorities in the district.

5. To organise and coordinate specialised training programmes

for different levels of officers, employees and voluntary

rescue workers in the district.

6. To facilitate community training and awareness programmes

for prevention of disaster or mitigation with the support of

local authorities, governmental and non-governmental

organisations.

7. To set up, maintain, review and upgrade the mechanism for

early warnings and dissemination of proper information to

the public.

8. To advise, assist and coordinate the activities of the

departments of the government at the district level, statutory

bodies and other governmental and nongovernmental

organisations in the district engaged in disaster

management.

9. To identify buildings and places which could, in the event of

any threatening disaster situation or disaster, be used as

relief centres or camps and make arrangements for water

supply and sanitation in such buildings or places.

10. To perform such other functions as the state government or

SDMA may assign to it or as it deems necessary for disaster

management in the District.

NOTES AND REFERENCES

1. Annual Report 2016–17, National Disaster Management

Authority, Government of India, p. 2.

2. Ibid.

3. The Act also provided for the establishment of the State

Disaster Management Authorities and the District

Disaster Management Authorities.

4. The National Institute of Disaster Management is

located at New Delhi.

PART-IX

OTHER CONSTITUTIONAL DIMENSIONS

64. Co-operative Societies

65. Official Language

66. Public Services

67. Rights and Liabilities of the Government

64 Co-operative Societies

T

he 97th Constitutional Amendment Act of 2011 gave a

constitutional status and protection to co-operative

societies. In this context, it made the following three

changes in the constitution:

1. It made the right to form co-operative societies a

fundamental right (Article 191 ).

2. It included a new Directive Principle of State Policy on

promotion of co-operative societies (Article 43-B2 ).

3. It added a new Part IX-B in the Constitution which is entitled

“The Co-operative Societies” (Articles 243-ZH to 243-ZT).

CONSTITUTIONAL PROVISIONS

Part IX-B of the constitution contains the following provisions with

respect to the cooperative societies:

Incorporation of Co-operative Societies: The state legislature

may make provisions for the incorporation, regulation and

winding-up of co-operative societies based on the principles of

voluntary formation, democratic membercontrol, member-

economic participation and autonomous functioning.

Number and Term of Members of Board and its Office

Bearers: The board shall consist of such number of directors as

may be provided by the state legislature.3 But, the maximum

number of directors of a co-operative society shall not exceed

twenty-one.

The state legislature shall provide for the reservation of one

seat for the Scheduled Castes or the Scheduled Tribes and two

seats for women on the board of every co-operative society

having members from such a category of persons.

The term of office of elected members of the board and its

office bearers shall be five years from the date of election.4

The state legislature shall make provisions for co-option of

persons having experience in the field of banking, management,

finance or specialisation in any other related field, as members of

the board. But, the number of such co-opted members shall not

exceed two (in addition to twenty-one directors). Further, the co-

opted members shall not have the right to vote in any election of

the co-operative society or be eligible to be elected as office

bearers of the board.

The functional directors of a co-operative society shall also be

the members of the board and such members shall be excluded

for the purpose of counting the total number of directors (that is,

twenty-one).

Election of Members of Board: The election of a board shall be

conducted before the expiry of the term of the board so as to

immediately on the expiry of the term of the office of members of

the outgoing board.

The superintendence, direction and control of the preparation of

electoral rolls and the conduct of elections to a co-operative

society shall vest in such body, as may be provided by the state

legislature.

Supersession and Suspension of Board and Interim

Management: No board shall be superseded or kept under

suspension for a period exceeding six months.5 The board may be

superseded or kept under suspension in case

(i) Of its persistent default

(ii) Of negligence in the performance of its duties

(iii) Of committing any act prejudicial to the interests of the co-

operative society or its members

(iv) Of there being a stalement in the constitution or functions of

the board

(v) Of the election body having failed to conduct elections in

accordance with the provisions of the State Act.

However, the board of any such co-operative society shall not

be superseded or kept under suspension where there is no

Government shareholding or loan or financial assistance or any

guarantee by the Government.

In case of supersession of a board, the administrator appointed

to manage the affairs of such a co-operative society shall arrange

for conduct of elections within the period of six months and hand-

over the management to the elected board.

Audit of Accounts of Co-operative Societies: The state

legislature may make provisions for the maintenance of accounts

by the co-operative societies and the auditing of such accounts at

least once in each financial year. It shall lay down the minimum

qualifications and experience of auditors and auditing firms that

shall be eligible for auditing the accounts of the co-operative

societies.

Every co-operative society shall be audited by an auditor or

auditing firm, appointed by the general body of the co-operative

society. But, such an auditor or auditing firm shall be appointed

from a panel approved by the State Government or a body

authorised by the State Government on this behalf.

The accounts of every co-operative society shall be audited

within six months of the close of the financial year.

The audit report of the accounts of an apex co-operative

society shall be laid before the state legislature.

Convening of General Body Meetings: The state legislature

may provide that the annual general body meeting of every co-

operative society shall be convened within a period of six months

of the close of the financial year. Right of a Member to Get

Information: The state legislature may provide for access to every

member of a co-operative society to the books, information and

accounts of the co-operative society. It may also make provisions

to ensure the participation of members in the management of the

co-operative society. Further, it may provide for co-operative

education and training for its members.

Returns: Every co-operative society shall file returns, within six

months of the close of every financial year, to the authority

designated by the State Government. These returns shall include

the following matters:

(a) Annual report of its activities

(b) Its audited statement of accounts

(c) Plan for surplus disposal as approved by the general body of

the co-operative society

(d) List of amendments to the by-laws of the co-operative

society

(e) Declaration regarding date of holding of its general body

meeting and conduct of elections when due

(f) Any other information required by the Registrar in pursuance

of any of the provisions of the State Act.6

Offences and Penalties: The state legislature may make

provisions for the offences relating to the co-operative societies

and penalties for such offences. Such a law shall include the

commission or omission of the following acts as offences:

(a) A co-operative society wilfully makes a false return or

furnishes false information

(b) Any person wilfully disobeys any summon, requisition or

order issued under the State Act

(c) Any employer who, without sufficient cause, fails to pay to a

co-operative society the amount deducted from its employee

within a period of fourteen days

(d) Any officer who wilfully fails to handover custody of books,

accounts, documents, records, cash, security and other

property belonging to a co-operative society to an authorised

person

(e) Any person who adopts corrupt practices before, during or

after the election of members of the board or office bearers.

Application to Multi-state Co-operative Societies: The

provisions of this part shall apply to the multi-state co-operative

societies subject to the modification that any reference to the

“State Legislature”, “State Act” or “State Government” shall be

construed as a reference to “Parliament”, “Central Act” or “Central

Government” respectively.

Application to Union Territories: The provisions of this part shall

apply to the Union territories. But, the President may direct that

the provisions of this part shall not apply to any Union territory or

part thereof as he may specify in the notification.