Penalties u/s Disaster Management Act, 2005. View the provisions related
to Officer/employees/Public Servant prescribed in Section 51 to 60 of
the Disaster Management Act, 2005 and Section 188 of IPC.
Appendix
1. Section 51 to 60 of the Disaster Management Act, 2005
OFFENCES AND PENALTIES
51. Punishment for obstruction, etc.-Whoever, without reasonable cause –
(a) obstructs any officer or employee of the Central Government or
the State Government, or a person authorised by the National Authority
or State Authority or District Authority in the discharge of his
functions under this Act; or
(b) refuses to comply with any direction given by or on behalf of the
Central Government or the State Government or the National Executive
Committee or the State Executive Committee or the District Authority
under this Act,
Shall on conviction be punishable with imprisonment for a term which may
extend to one year or with fine, or with both, and if such obstruction
or refusal to comply with directions results in loss of lives or
imminent danger thereof, shall on conviction be punishable with
imprisonment for a term which may extend to two years.
52. Punishment for false claim.-Whoever knowingly makes a claim which
he knows or has reason to believe to be false for obtaining any relief,
assistance, repair, reconstruction or other benefits consequent to
disaster from any officer of the Central Government, the State
Government, the National Authority, the State Authority or the District
Authority, shall, on conviction be punishable with imprisonment for a
term which may extend to two years, and also with fine.
53. Punishment for misappropriation of money or materials,
etc.-Whoever, being entrusted with any money or materials, or otherwise
being, in custody of, or dominion over, any money or goods, meant for
providing relief in any threatening disaster situation or disaster,
misappropriates or appropriates for his own use or disposes of such
money or materials or any part thereof or wilfully compels any other
person so to do, shall on conviction be punishable with imprisonment for
a term which may extend to two years, and also with fine.
54. Punishment for false warning.-Whoever makes or circulates a false
alarm or warning as to disaster or its severity or magnitude, leading to
panic, shall on conviction, be punishable with imprisonment which may
extend to one year or with fine.
55. Offences by Departments of the Government.– (1) Where an offence
under this Act has been committed by any Department of the Government,
the head of the Department shall be deemed to be guilty of the offence
and shall be liable to be proceeded against and punished accordingly
unless he proves that the offence was committed without his
knowledge or that he exercised all due diligence to prevent the
commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an
offence under this Act has been committed by a Department of the
Government and it is proved that the offence has been committed with the
consent or connivance of, or is attributable to any neglect on the part
of, any officer, other than the head of the Department, such officer
shall be deemed to be guilty of that offence and shall be liable to be
proceeded against and punished accordingly.
56. Failure of officer in duty or his connivance at the contravention
of the provisions of this Act-Any officer, on whom any duty has been
imposed by or under this Act and who ceases or refuses to perform or
withdraws himself from the duties of his office shall, unless he has
obtained the express written permission of his official superior or has
other lawful excuse for so doing, be punishable with imprisonment for a
term which may extend to one year or with fine.
57. Penalty for contravention of any order regarding requisitioning.– If
any person contravenes any order made under section 65, he shall be
punishable with imprisonment for a term which may extend to one year or
with fine or with both.
58. Offence by companies.-(1) Where an offence under this Act has been
committed by a company or body corporate, every person who at the time
the offence was committed, was in charge of, and was responsible to, the
company, for the conduct of the business of the company, as well as the
company, 25 shall be deemed to be guilty of the contravention and shall
be liable to be proceeded against and punished accordingly: Provided
that nothing in this sub-section shall render any such person liable
to any punishment provided in this Act, if he proves that the offence
was committed without his knowledge or that he exercised due diligence
to prevent the commission of such offence. (2) Notwithstanding anything
contained in sub-section (1), where an offence under this Act has been
committed by a company, and it is proved that the offence was committed
with the consent or connivance of or is attributable to any neglect on
the part of any director, manager, secretary or other officer of the
company, such director, manager, secretary or other officer shall also,
be deemed to be guilty of that offence and shall be liable to be
proceeded against and punished accordingly.
Explanation.-For the purpose of this section-· (a) “company” means
any body corporate and includes a firm or other association of
individuals; and (b) “director”, in relation to a firm, means a partner
in the firm.
59. Previous sanction for prosecution.– No prosecution for offences
punishable under sections 55 and 56 shall be instituted except with the
previous sanction of the Central Government or the State Government, as
the case may be, or of any officer authorised in this behalf, by
general or special order, by such Government.
60. Cognizance of offences.-No court shall take cognizance of an offence
under this Act except on a complaint made by- (a) the National
Authority, the State Authority, the Central Government, the State
Government, the District Authority or any other authority or officer
authorised in this behalf by that Authority or Government, as the case
may be; or (b) any person who has given notice of not less than thirty
days in the manner prescribed, of the alleged offence and his intention
to make a complaint to the National Authority, the State Authority, the
Central Government, the State Government, the District Authority or any
other authority or officer authorised as aforesaid.
2. Section 188 in The Indian Penal Code
188. Disobedience to order duly promulgated by public
servant-Whoever, knowing that, by an order promulgated by a public
servant lawfully empowered to promulgate such order, he is directed to
abstain from a certain act, or to take certain order with certain
property in his possession or under his management, disobeys such
direction, shall, if such disobedience causes or tends to cause
obstruction, annoyance or injury, or risk of obstruction, annoyance or
injury, to any person lawfully employed, be punished with simple
imprisonment for a term which may extend to one month or with fine which
may extend to two hundred rupees, or with both; and if such
disobedience causes or trends to cause danger to human life, health or
safety, or causes or tends to cause a riot or affray, shall be punished
with imprisonment of either description for a term which may extend to
six months, or with fine which may extend to one thousand rupees, or
with both.
Explanation.-It is not necessary that the offender should intend to
produce harm, or contemplate his disobedience as likely to produce harm.
It is sufficient that he knows of the order which he disobeys, and that
his disobedience produces, or is likely to produce, harm.
Illustration
An order is promulgated by a public servant lawfully empowered to
promulgate such order, directing that a religious procession shall not
pass down a certain street. A knowingly disobeys the order, and thereby
causes danger of riot. A has committed the offence defined in this
section.
