Regulations on Prevention of and Preparedness for Meteorological Disasters
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Chapter V Legal Liability
Article 43 Where the local people's governments at or above the county level, the competent meteorological institutions at various levels and other relevant departments as well as their staff, in violation of the provisions in these Regulations, commit one of the following acts, they shall be ordered to make corrections by the authorities at a higher level or the supervisory organs; if the circumstances are serious, the persons in charge with competent accountability and other persons with competent accountability shall each be given an sanction in accordance with law; if a crime is constituted, criminal liability shall be investigated for in accordance with law:
(1) failing to formulate plans or emergency response plans for prevention of and preparedness for the meteorological disasters in accordance with provisions; (2) failing to take measures for prevention of and preparedness for the meteorological disasters in accordance with provisions; (3) issuing qualification certificates to the unqualified units for design, installation and testing of lightning protection devices; (4) concealing severe weather warnings and early warning signals, or releasing false severe weather warnings and early warning signals, or failing to release or to wrongly release such warnings and signals due to negligence of duties; (5) failing to timely take emergency response measures for meteorological disasters; or (6) other acts that fail to perform functions and duties in accordance with law.
Article 44 Where any units or individuals, in violation of the provisions of these Regulations, commit one of the following acts, they shall be ordered to make corrections by the people's governments at or above the county level or by relevant departments; if an act that violates the public security administration is constituted, they shall each be given a penalty by the public security organs：
(1) failing to take measures for prevention of and preparedness for meteorological disasters in accordance with provisions; or (2) refusing to observe the decisions and orders issued by the local people's governments and the relevant departments regarding to emergency responses to meteorological disasters, or refusing to cooperate in implementing the emergency response measures for meteorological disasters by them in accordance with law.
Article 45 Where any units or individuals, in violation of the provisions of these Regulations, commit one of the following acts, they shall be ordered to stop the illegal acts by the competent meteorological institution at or above county level or other relevant departments in accordance with their limits of power, and shall each be fined not less than 50,000 yuan but not more than 100,000 yuan; the illegal gains, if any, shall be confiscated; if any losses are caused, they shall bear the liability for compensation in accordance with law:
(1) designing, installing and testing the lightning protection devices without or beyond the certified qualifications; or (2) falsifying in design, installation and testing of lightning protection devices.
Article 46 Where any units or individuals, in violation of the provisions of these Regulations, commit one of the following acts, they shall be ordered to make corrections by the competent meteorological institution at or above county level, and shall each be given a disciplinary warning and may, in addition, be fined not less than 50,000 yuan; if an act that violates the public security administration is constituted, they shall each be given a penalty by the public security organs： (1) releasing to the society severe weather warnings or meteorological disaster early warning signals without authorization; (2) failing to broadcast or publish severe weather warnings and meteorological disaster early warning signals through media including radio, television, newspaper and telecommunications as required; or (3) disseminating the false information about severe weather and meteorological disasters or the information obtained by illegal means.
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