Thailand Disaster Prevention and Mitigation Act

Thailand Disaster Prevention and Mitigation Act #2

Section 26: When any Officers shall be able to enter into private own buildings or properties or places near to area of disaster for prevention and mitigation purpose, those Officers shall get permitted by the owner before taking any actions or operations, except that operation is under supervision of Directors, even there is no owner presenting over, those Officer shall be granted. In some cases under paragraph one; some belongings or materials inside those properties shall be able to active a disaster, those Officers shall have power to order the owner to bring their belongings out of that building.

If the owner or proprietor ignore or unable to compile the order, those Officers under paragraph two shall have authority to take those belongings out of the properties or building. However, those authorizations shall be limited to any necessity for disaster prevention and mitigation only. And those Officers shall not be blamed to any damages.

Section 27: In the disaster mitigation operations, Director or designated Officers shall have power to;
(1) Build some temporary shelters for living or getting first aid, and properties care taking to effected people
(2) Manage the traffic arrangement in the disaster impact areas and neighboring areas
(3) Keep out the disaster impact areas and neighboring areas for preventing unauthorized people
(4) Provide security measures to prevent plunderers or thief to through the area
(5) Support effected people to move their moveable properties and belongings from disaster impact area to secured neighboring areas as requested

The Director or designated Officers shall prepare tools or signals for displaying working status or purpose on specific locations or actions under paragraph one. In any operation under (2), (3), (4), and (5), either Director or Officer shall be proceeding by themselves or shall be able to delegate their authorities to other appropriated government official or local police department to assist or proceed on their behalf. Under (5), other public charities shall be included to assist this operation.

Section 28: When disaster occur or expected to occur, in any local areas and people in that area shall be affected by disaster, or will be obstacles to disaster prevention and mitigation. Commander in Chief, Deputy Commander in Chief, Central Director, Director, District Director and Local Director shall be able to order those effected people to evacuate to other areas as necessary to disaster prevention and mitigation operations.

Section 29: When disaster occurs or expected to occur in any areas, and there shall raise more violent for staying or continuing normal living activities. Commander in Chief, Deputy Commander in Chief, Provincial Director, District Director and, Local Administration Director under the approval from District Director shall be able to make an announcement to disallow any people to entry, or to do other business in that area. That announcement shall be in specific period of time as necessary.

Section 30: Local Director shall responsible for damaged assessment of disaster, and those effected people, and properties shall be recorded or certified on that assessment. A proof of affected or a certificate shall be given to those people for recovering and compensation. Proof of affected under paragraph one shall have entitlement details to get restoration and compensation from the government, name and contact information of relevant government agency.

Anyhow, the required information shall be defined by the Director-General. If those effected people lost their official or legal documents, those people shall request or inform their local administration at effected area or at their homeland. That local administration shall notify to other relevant government agencies. Those relevant government agencies shall renew and delivery that documents to effected people or the local administration. All charges and fees shall be waived for these renewing services, even there shall be charged legally.

When those affected people or owner of damages properties request other support or services, that Local Director shall issue assessment certificate in accordance the regulations of Ministry of Interior.

Section 31: In case of severe drought occurring, Prime Minister or designated Minister shall have power to demand the Commander in Chief, Directors, government agencies and related local administrations to deploy disaster prevention and mitigation, including of providing supports to the people in affected areas. The Commander in Chief shall have power further to Section 13 and Directors shall have power further to Section 21 and other duties under Section 25, 28 and 29 shall be granted to the Commander in Chief, Deputy Command in Chief, Directors, Deputy Director, Assistant Director and other Officers respectively.

If any government employees abandon their duties, deny compiling any commands from Prime Minister or designated Deputy Prime Minister, shall be charged as highest disciplinary violation or improperly operation at highest degree.

CHAPTER 3
Disaster Prevention and Mitigation in Bangkok Metropolitan

Section 32: Bangkok Metropolitan Governor as Bangkok Director shall be responsible for Bangkok Disaster Prevention and Mitigation shall have power as follows;

(1) Formulate the Disaster Prevention and Mitigation Plan for Bangkok, which shall be consistence to the National Disaster Prevention and Mitigation Plan
(2) Oversee and train Volunteers in Bangkok
(3) Procure materials, equipments, tools, vehicles and others, as necessary to Disaster Prevention and Mitigation as stated in Disaster Prevention and Mitigation Plan for Bangkok
(4) Provide basic recovery to disaster effected people or victims, and shall provide security and any disaster prevention and mitigation actions
(5) Support and assist local administrations and their neighboring in disaster prevention and mitigation
(6) Perform any related duties as may required by the Central Director

For most benefits from conforming (3) (4) and (5), Bangkok Director shall have power to command government services and Bangkok services, and coordinate other government agencies and other relevant local administration in disaster prevention and mitigation operation in Bangkok in accordance to Bangkok Disaster Prevention and Mitigation Plan, and shall have power to command, control and oversee all operations of Bangkok Officers and Volunteer in accordance to this law.

Section 33: Bangkok Disaster Prevention and Mitigation Plan. As stated under Section 32 (1) there shall be substantial subjects according to Section 12 as follows:

(1) Establish Command Center where disaster occurred, there shall be constructed and authorized for disaster prevention and mitigation operations
(2) Plan and process to procurematerials, equipments tools and vehicles for disaster prevention and mitigation operation
(3) Plan and process to procure signaling devices or others for notifying the occurrence or expectation of a disaster
(4) Bangkok Disaster Prevention and Mitigation Action Operation Plan
(5) Coordination plan with public charity organizations in Bangkok

Section 34: For formulating the Bangkok Disaster Prevention and Mitigation Plan, Bangkok Governor shall appoint a committee that consisting of:
(1) Bangkok Governor as chairperson
(2) Permanent Secretary for Bangkok as vice chairperson
(3) Othermembers of the committee consisting of:
(a) Appropriate number of delegates from government agencies or offices in Bangkok
(b) Representatives from Department of Disaster Prevention and Mitigation
(c) Appropriate number of delegates from public charities in Bangkok
(d) Appropriate number of delegates from communities in Bangkok

The Bangkok Governor shall appoint appropriate number of representatives from Ministry of Defense and universities as consultants or committee members. The committee in paragraph one shall formulate the Bangkok Disaster Prevention and Mitigation Plan and propose to Bangkok Governor for further promulgation. The committee in paragraph one shall perform and arrange meetings as defined by Bangkok Governor accordingly.

Section 35: Permanent Secretary for Bangkok as vice chairperson to assist Bangkok Director in disaster prevention and mitigation operations and others duties as my required by Bangkok Director. The powers and authorities as described under Section 32, paragraph 2 shall be adapted to his or her duties, if appreciable. Responsibilities and authorities of Permanent Secretary for Bangkok as Bangkok Deputy Director shall be described under paragraph one. Permanent Secretary for Bangkok’s authorities and duties shall be able to be delegated to Assistant Permanent Secretary.

Section 36: Each Bangkok District Directors as Assistant Bangkok Director to assist Bangkok Director in responsible and perform duties on disaster prevention and mitigation in each districts and other duties as may be required by Bangkok Director. As described under paragraph one, the Assistant Bangkok Director shall be authorized to command government services and Bangkok services to assist or cooperate on disaster prevention and mitigation over affected areas in Bangkok where those authorities appreciable for controlling and supervision to Officers and Volunteers to perform their duties to this law accordingly.

Responsibilities and authorities of District Director as Assistant Bangkok Director as described in paragraph one and two shall be able to be delegated to Assistant District Directors to perform duties on their behalf, if appreciable.

Section 37: In any occurrences or expected to occur of disasters, Assistant Bangkok Director shall immediately proceed the disaster prevention and mitigation operation, and notify the Bangkok Director and Assistant Bangkok Director at once. The prescription under Section 21 paragraph two, Section 22 paragraph three and four, Section
24, Section 25, Section 26, Section 27, Section 28, Section 29 and Section 30 shall be adapted for Bangkok
disaster prevention and mitigation accordingly.

Section 38: In case of further assistance from other government services is required to perform disaster prevention and mitigation in Bangkok, the Bangkok Director shall request those agencies. And depending on the requests, those informed government officials shall immediately perform their duties as requested over disaster prevention and mitigation operation in Bangkok.

CHAPTER 4
Officers and Volunteers

Section 39: Directors shall have powers and authorities to appoint Officers as follows:

(1) Central Director shall has authority to appoint Officers for performing their duties throughout the Kingdom
(2) Province Director shall has authority to appoint Officers for performing their duties at province level
(3) District Director shall has authority to appoint Officers for performing their duties at district level
(4) Local Director shall has authority to appoint Officers for performing their duties at local region
(5) Bangkok Director shall has authority to appoint Officers for performing their duties throughout Bangkok Metropolitan

Rules and regulations of Ministry of Interior shall be applied for appointing and operations of Officers at each level.

Section 40: If there are any places or buildings, or materials or parts inside or outside of buildings or places, could be a cause of a disaster easily. Those Directors or Officers who know shall inform relevant authorities for further investigation.

Section 41: Directors shall conduct to set up Volunteer unit in their responsible area to perform duty as follows:

(1) Assist Officers in disaster prevention and mitigation operations
(2) Perform other duties as my required by Director and according to rules and regulations of Ministry of Interior

The administration and management, selection, training, rights, duties and disciplines of Volunteers shall follow the rules and regulation of Ministry of Interior accordingly.

Section 42: In the case of any public charities or persons assist the Officers during disaster event, Director or designated Officer shall delegate their duties or area of work to those persons appropriately. For efficiency disaster recovery, the Director shall notify relevant public charities, and person in that affected area. They shall be informed on coordination procedures and operation details of Provincial Disaster Prevention and Mitigation plan or Bangkok Disaster Prevention and Mitigation plan.

CHAPTER 5
Miscellaneous

Section 43: Commander in Chief, Deputy Commander in Chief, Director, Deputy Director, and other Officers who perform their duties in accordance to this Disaster Prevention and Mitigation Act shall be designated officials under Criminal Laws. And any those performed operations with correctness and carefulness upon their authorities and functions according to this act; there shall be no guilty and shall be acquitted.

Any actions under paragraph one, if there are any direct damages to properties of one, except that disaster itself. The government shall compensate to that damages subject to ministerial regulations and procedures.

Section 44: In case of any changes of disaster prevention and mitigation facts as specified in disaster prevention and mitigation plans under this act, or if those plans have been used for five years. Those responsible persons who oversee the formulating of plan shall have to revise or review that plan rapidly.

Section 45: There shall be a uniform, badge and identify card for Officers and Volunteers to declare themselves whilst disaster prevention and mitigation operation. That uniform, badge and identify card shall be specified by Ministry of Interior. In the case of the Commander in Chief, Deputy Commander in Chief, Director or Deputy Director prefer to attire in uniform, and shall be specified by Ministry of Interior accordingly.

Section 46: Any operations under Section (21), (22), (25), (28) or (29), if there would be executed in military areas, related to military missions and personnel, or affected to military properties and assets. Those operations shall be an agreement between the military commandant in that area and Provincial Director or Bangkok Director.

Section 47: All fines according to this act shall be settled into local administration for spending on their local disaster prevention and mitigation operation.

Section 48: Those personal and officials who related to disaster prevention and mitigation operation shall not use any confidential information for their own interests, or shall not expose the information that would be able to effect to other persons or their professions without an authority.

CHAPTER 6
Penalties

Section 49: Any persons who are not observance or impede to any official operations of Director under Section 21 shall be imprisoned not more than three months or shall be fined not more than six thousand Baht or both.

Section 50: Any persons who impede any operations of the Officers under Section 24 or violate to any commands of Director under Section 25, or impede any operations of the Officers under Section 26, shall be imprisoned not more than one year or fined not more than twenty thousand Baht or both.

Section 51: Unauthorized entry to keep out disaster area under Section 37 (3) shall be imprisoned not more than threemonths or fined not more than six thousand Baht or both.

In the case of the violation under paragraph one has been made by the owner or holder of those properties under Section 27 (3). Director or designated Officer shall state a warning instead of prosecution.

Section 52: Any persons who violate to an evacuation order under Section 28, if that order would be prevent the interfering of disaster prevention and mitigation operations, or behave against Section 29 shall be imprisoned not more than one month or fined not more than two thousand Baht or both.

Section 53: Whilst the occurrence of public disaster, any persons who wear uniform or badge of the Volunteer or the public charity in order to belie others shall be imprisoned not more than three months or fined not more than six thousand Baht or both.

Section 54: Any persons who dishonestly collect or look for themselves or others by appearing to be a Volunteer, Officer or any related services concerning to disaster prevention and mitigation operation shall be imprisoned not more than one year or fined not more than twenty thousand Bath or both.

Section 55: Any persons who violent to Section 48 shall imprisoned not more than six months or fined not more than two thousand Baht or both.

Transitory Provisions

Section 56: All related personal or government agencies shall finish the formulating of their Disaster Prevention and Mitigation Plan in accordance to this Act within two years after this Act is enforced. Until the formulating of the plan finish, all disaster prevention and mitigation activities shall be operated in accordance to the existing plans.

Section 57: All Disaster Prevention and Mitigation Regional Centers in Department of Disaster Prevention and Mitigation shall be Disaster Prevention and Mitigation Centers established under Section 22 paragraph 11 of this Act.

Section 58: All ministerial regulations, disciplines, notices or orders of Civil Defense Act B.E. 2522 [1979] and Fire Defense Act B.E. 2542 [1999] shall be enforced upon acquiesce to this Act.

Countersigned by
General Surayuth Chulanont,
Prime Minister of Thailand

Remarks: The reasons for promulgation of this act is follows; in reference to the establishment of Department of Disaster Prevention and Mitigation under Ministry of Interior according to Bureaucracy Improvement for Ministries, Bureaus, Departments Act B.E. 2545 [A.D. 1998] The main mission of the department is for oversee disaster prevention, mitigation and recovery, and including of accidents. As of this, all disasters and accidents related administrations that used to be under supervision by two agencies, The Civil Defense Division in Department of Local Administration, Ministry of Interior and The National Safety Council, Office of Permanent Secretary for Prime Minister Office shall be in charged by a single department. Moreover, the law of Fire Defense is described in details on fire prevention and mitigation, and the responsible agency of both Fire Defense Act and Civil Defense Act is the same, then for the effective, consistency and unity of disaster risk reduction management and operations, these two laws shall be aggregated into this Disaster Prevention and Mitigation Act.

(Unofficial translated by Khun Usa BANYEN, Khun Sirikorn KITIWONG, DDPM and Khun Pairach HOMTONG, UNDP)

ENDS:

Related: Thailand Arms Control Act

Related: Thailand Foreign Employment Act

Related: Thailand Internal Security Act

Related: TThailand Royal Pardons

Related: Thailand Social Security Act

Related: Thailand State of Emergency Act

 

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