Section 50 of The Disaster Management Act, 2005 in hindi
Emergency procurement and accounting.
Where by reason of any threatening disaster situation or disaster, the National Authority or the State Authority or the District Authority 1[or the Urban Authority] is satisfied that immediate procurement of provisions or materials or the immediate application of resources are necessary for rescue or relief,---
- (a)it may authorise the concerned department or authority to make the emergency procurement and in such case, the standard procedure requiring inviting of tenders shall be deemed to be waived;
- (b)a certificate about utilisation of provisions or materials by the controlling officer authorised by the National Authority, State Authority or District Authority 1[or Urban Authority], as the case may be, shall be deemed to be a valid document or voucher for the purpose of accounting of emergency, procurement of such provisions or materials
Summary
- This section provides a way to bypass slow administrative rules during a disaster or threatening disaster situation.
- If the National, State, District, or Urban Authority is satisfied that immediate procurement (which means buying goods quickly in an emergency) of provisions or materials, or the immediate application of resources, is necessary for rescue or relief, it can authorize emergency procurement.
- In such cases, the standard requirement of inviting tenders (which means asking for competitive business bids) is completely waived to save time.
- For accounting purposes, a utilization certificate (which means an official written statement confirming that the items were actually used for the intended purpose) written by an authorized controlling officer is accepted as a valid voucher (which means an official receipt to prove that money was spent).
Practical examples
FAQ
1. When can a disaster management authority bypass standard bidding rules to buy goods?
Standard bidding rules can be bypassed when there is a disaster or threatening disaster situation, and the authority is satisfied that immediate procurement (quick buying) is necessary for rescue or relief.
2. Which authorities have the power to authorize emergency procurement?
The National Authority, the State Authority, the District Authority, or the Urban Authority have this power.
3. What standard purchasing requirement is waived during an authorized emergency procurement?
The standard procedure requiring the invitation of tenders (competitive business bids) is waived.
4. How are emergency purchases accounted for if there are no regular bills or receipts?
A certificate of utilization (an official statement confirming the use of items) signed by an authorized controlling officer is deemed to be a valid document or voucher (receipt) for accounting purposes.
Test yourself
1.Under Section 50 of The Disaster Management Act, 2005, what happens to the standard procedure of inviting tenders (which means asking for competitive business bids) during an authorized emergency procurement?
2.Under Section 50 of The Disaster Management Act, 2005, which of the following authorities can authorize emergency procurement?
3.Under Section 50 of The Disaster Management Act, 2005, what document is legally accepted as a valid voucher (which means an official receipt to prove that money was spent) for accounting of emergency procurement?
4.Under Section 50 of The Disaster Management Act, 2005, the Urban Disaster Management Authority, which is constituted under Section 41A, has been granted what specific power during a disaster situation?