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DISASTER MANAGEMENT ACT, 2005
53 of 2005
The following Act of Parliament received the assent of the President on 23.12.2005 and is hereby published for general information: THE DISASTER MANAGEMENT ACT, 2005 No. 53 of 2005 An Act to provide for the effective management of disasters and for matters connected therewith or incidental thereto. Be it enacted by Parliament in the Fifty-sixth Year of the Republic of India as follows:
CHAPTER 1: PRELIMINARY:
Section 1: Short title, extent and commencement:
(1) This Act may be called the Disaster Management Act, 2005.
(2) It extends to the whole of India.
(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette appoint; and different dates may be appointed for different provisions of this Act and for different States, and any reference to commencement in any provision of this Act in relation to any State shall be construed as a reference to the commencement of that provision in that State.
SECTION 2: Definitions:
In this Act, unless the context otherwise requires, (a) "affected area" means an area or part of the country affected by a disaster;
(b) "capacity-building" includes (i) identification of existing resources and resources to be acquired or created; (ii) acquiring or creating resources identified under sub-clause (i) (iii) organisation and training of personnel and cd-ordination of such training for effective management of disasters;
(c) "Central Government means the Ministry or Department of .the Government of India having administrative control of disaster management;
(d) "disaster* means a catastrophe, mishap, calamity or grave occurrence in any area, arising from natural or man made causes, or by accident or negligence which results in substantial loss of life or human suffering or damage to, and destruction of, property, or damage to, or degradation of, environment, and is of such a nature of magnitude as to be beyond the cpping capacity of the community of the affected area;
(e) "disaster management" means a continuous and integrated process of planning, organising, co-ordinating and implementing measures which are necessary or expedient for (i) prevention of danger or threat of any disaster; (ii) mitigation or reduction of risk of any disaster or its severity or consequences; (iii) capacity-building; (iv) preparedness to deal with any disaster; (v) prompt response to any threatening disaster situation or disaster; (vi) assessing the severity or magnitude of effects of any disaster; (vii) evacuation, rescue and relief; (viii) rehabilitation and reconstruction;
(f) "District Authority" means the District Disaster Management Authority constituted under sub-sec. (1) of (S.25);
(g) "District Plan" means the plan for disaster management for the district prepared under (S.31);
(h) "local authority" includes panchayati raj institutions, municipalities, a district board, cantonment board, town planning authority or Zila Parishad or any other body or authority, by whatever name called, for the time being invested by law, for rendering essential services or, with the control and management of civic services, within a specified local area;
(i) "mitigation" means measures aimed at reducing the risk, impact or effects of a disaster or threatening disaster situation;
(j) "National Authority" means the National Disaster Management Authority established under sub-sec. (1) of (S.3);
(k) "National Executive Committee" means the Executive Committee of the National Authority constituted under sub-sec. (1) of (S.8);
(1) "National Plan" means the plan for disaster management for the whole of the country prepared under (S.11);
(m) "preparedness" means the state of readiness to deal with a threatening disaster situation or disaster and the effects thereof;
(n) "prescribed" means prescribed by rules made under this Act;
(o) "reconstruction" means construction or restoration of any property after a disaster;
(p) "resources" includes manpower, services, materials and provisions;
(q) "State Authority" means the State Disaster Management Authority established under sub-sec. (1) of (S.14) and includes the Disaster Management Authority for the Union territory constituted under that section;
(r) "State Executive Committee" means the Executive Committee of a State Authority constituted under sub-sec. (1) of (S.20);
(s) "State Government means the Department of Government of the State having administrative control of disaster management and includes Administrator of the Union territory appointed by the President under Art. 239 of the Constitution;
(t) "State Plan" means the plan for disaster management for the whole of the State prepared under (S.23).
CHAPTER 2: THE NATIONAL DISASTER MANAGEMENT AUTHORITY:
SECTION 3: Establishment of National Disaster Management Authority:
(1) With effect from such date as the Central Government may, by notification in the Official Gazette appoint in this behalf, there shall be established for the purposes of this Act, an authority to be known as the National Disaster Management Authority.
(2) The National Authority shall consist of the Chairperson and such number of other members, not exceeding nine, as may be prescribed by the Central Government and, unless the rules otherwise provide, the National Authority shall consist of the following: (a) the Prime Minister of India, who shall be the Chairperson of the National Authority, ex officio; (b) other members, not exceeding nine, to be nominated by the Chairperson of the National Authority.
(3) The Chairperson of the National Authority may designate one of the members nominated under clause (b) of sub-sec. (2) to be the Vice-Chairperson of the National Authority.
(4) The term of office and conditions of service of members of the National Authority shall be such as may be prescribed.
SECTION 4: Meetings of National Authority:
(1) The National Authority shall meet as and when necessary and at such time and place as the Chairperson of the National Authority may think fit.
(2) The Chairperson of the National Authority shall preside over the meetings of the National Authority.
(3) If for any reason the Chairperson of the National Authority is unable to attend any meeting of the National Authority, the Vice-Chairperson of the National Authority shall preside over the meeting.
SECTION 5: Appointment of officers and other employees of the National Authority:
The Central Government shall provide the National Authority with such officers, consultants and employees, as it considers necessary for carrying out the functions of the National Authority.
SECTION 6: Powers and functions of National Authority:
(1) Subject to the provisions of this Act, the National Authority shall have the responsibility for laying down the policies, plans and guidelines for disaster management for ensuring timely and effective response to disaster.
(2) Without prejudice to generality of the provisions contained in sub-sec. (1), the National Authority may (a) lay down policies on disaster management; (b) approve the National Plan; (c) approve plans prepared by the Ministries or Departments of the Government of India in accordance with the National Plan; (d) lay down guidelines to be followed by the State Authorities in drawing up the State Plan; (e) 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; (f) coordinate the enforcement and implementation of the policy and plan for disaster management; (g) recommend provision of funds for the purpose of mitigation; (h) provide such support to other countries affected by major disasters as may be determined by the Central Government; (i) take such other 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; (j) lay down broad policies and guidelines for the functioning of the National Institute of Disaster Management.
(3) The Chairperson of the National Authority shall, in the case of emergency, have power to exercise all or any of the powers of the National Authority but exercise of such powers shall be subject to ex post facto ratification by the National Authority.
SECTION 7: Constitution of advisory committee by National Authority:
(1) The National Authority may constitute an advisory committee consisting of experts in the field of disaster management and having practical experience of disaster management at the national, State or district level to make recommendations on different aspects of disaster management.
(2) The members of the advisory committee shall be paid such allowances as may be prescribed by the Central Government in consultation with the National Authority.
SECTION 8: Constitution of National Executive Committee:
(1) The Central Government shall, immediately after issue of notification under sub-sec. (1) of (S.3), constitute a National Executive Committee to assist the National Authority in the performance of its functions under this Act.
(2) The National Executive Committee shall consist of the following members, namely: (a) the Secretary to the Government of India in charge of the Ministry or Department of the Central Government having administrative control of the disaster management, who shall be Chairperson, ex officio; (b) the Secretaries to the Government of India in the Ministries or Departments having administrative control of the agriculture, atomic energy, defence, drinking water supply, environment and forests, finance (expenditure), health, power, rural development, science and technology, space, telecommunication, urban development, water resources and the Chief of the Integrated Defence Staff of the Chiefs of Staff Committee, ex officio.
(3) The Chairperson of the National Executive Committee may invite any other officer of the Central Government or a State Government for taking part in any meeting of the National Executive Committee and shall exercise such powers and perform such functions as may be prescribed by the Central Government in consultation with the National Authority.
(4) The procedure to be followed by the National Executive Committee in exercise of its powers and discharge of its functions shall be such as may be prescribed by the Central Government.
SECTION 9: Constitution of sub-committees:
(1) The National Executive Committee may, as and when it considers necessary, constitute one or more sub-committees, for the efficient discharge of its functions.
(2) The National Executive Committee shall, from amongst its members, appoint the Chairperson of the sub-committee referred to in sub-sec. (1).
(3) Any person associated as an export with any sub-committee may be paid such allowances as may be prescribed by the Central Government.
SECTION 10: Powers and functions of National Executive Committee:
(1) The National Executive Committee shall assist the National Authority in the discharge of its functions and have the responsibility for implementing the policies and plans of the National Authority and ensure the compliance of directions issued by the Central Government for the purpose of disaster management in the country.
(2) Without prejudice to the generality of the provisions contained in sub-sec. (1), the National Executive Committee may- (a) act as the coordinating the monitoring body for disaster management; (b) prepare the National Plan to be approved by the National Authority; (c) coordinate and monitor the implementation of the National Policy; (d) lay down guidelines for preparing disaster management plans by different Ministries or Departments of the Government of India and the State Authorities; (e) provide necessary technical assistance to the State Governments and the State Authorities for preparing- their disaster management plans in accordance with the guidelines laid down by the National Authority; (f) monitor the implementation of the National Plan and the plans prepared by the Ministers or Departments of the Government of India; (g) monitor the implementation of the guidelines laid down by the National Authority for integrating of measures for prevention of disasters and mitigation by the Ministries or Departments in their development plans and projects; (h) monitor, coordinate and give directions regarding the mitigation and preparedness measures to be taken by different Ministries or Departments and agencies of the Government; (i) evaluate the preparedness at all governmental levels for the purpose of responding to any threatening disaster situation or disaster and give directions, where necessary, for enhancing such preparedness; (j) plan and coordinate specialised training programme for disaster management for different levels of officers, employees and voluntary rescue workers; (k) coordinate response in the event of any threatening disaster situation or disaster; (1) lay down guidelines for, or give directions to, the concerned Ministries or Departments of the Government of India, the State Governments and the State Authorities regarding measures to be taken by them in response to any threatening disaster situation or disaster; (m) require any department or agency of the Government to make available to the National Authority or State Authorities such men or material resources as are available with it for the purposes of emergency response, rescue and relief; (n) advice, assist and coordinate the activities of the Ministries or Departments of the Government of India, State Authorities, statutory bodies, other governmental or non-governmental organisations and others engaged in disaster management; (o) provide necessary technical assistance or give advice to the State Authorities and District Authorities for carrying out their functions under this Act; (p) promote general education and awareness in relation to disaster management; and (q) perform such other functions as the National Authority may require it.to perform.
SECTION 11: National Plan:
(1) There snail be drawn up a plan for disaster management for the whole of the country to be called the National Plan.
(2) The National Plan shall be prepared by the National Executive Committee having regard to the National Policy and in consultation with the State Governments and expert bodies or organisations in the field of disaster management to be approved by the National Authority.
(3) The National Plan shall include (a) measures to be taken for the prevention of disasters, or the mitigation of their effects; (b) measures to be taken for the integration of mitigation measures in the development plans; (c) measures to be taken for preparedness and capacity building to effectively respond to any threatening disaster situations or disaster; (d) roles and responsibilities of different Ministries or Departments of the Government of India in respect of measures specified in clauses (a), (b) and (c).
(4) The National Plan shall be reviewed and updated annually.
(5) Appropriate provisions shall be made by the Central Government for financing the measures to be carried out under the National Plan.
(6) Copies of the National Plan referred to in sub-secs. (2) and (4) shall be made available to the Ministries or Departments of the Government of India and such Ministries or Departments shall draw up their own plans in accordance with the National Plan.
SECTION 12: Guidelines for minimum standards of relief:
The National Authority shall recommend guidelines for the minimum standards of relief to be provided to persons affected by disaster, which shall include, (i) the minimum requirements to be provided in the relief camps in relation to shelter, food, drinking water, medical cover and sanitation;
(ii) the special provisions to be made for widows and orphans;
(iii) ex gratia assistance on account of loss of life as also assistance on account of damage to houses and for restoration of means of livelihood; (iv) such other relief as may be necessary.
SECTION 13: Relief in loan repayment etc.:
The National Authority may, in cases of disasters of severe magnitude, recommend relief in repayment of loans or for grant of fresh loans to the persons affected by the disaster on such concessional terms as may be appropriate.
CHAPTER 3: STATE DISASTER MANAGEMENT AUTHORITIES:
SECTION 14: Establishment of State Disaster Management Authority:
(1) Every State Government shall, as soon as may be after the issue of the notification under sub-sec. (1) of (S.3), by notification in the Official Gazette, establish a State Disaster Management Authority for the State with such name as may be specified in the notification of the State Government.
(2) A State Authority shall consist of the Chairperson and such number of other members, not exceeding nine, as may be prescribed by the State Government and, unless the rules otherwise provide, the State Authority shall consist of the following members, namely: (a) the Chief Minister of the State, who shall be Chairperson, ex-officio; (b) other members, not exceeding eight, to be nominated by the Chairperson of the State Authority; (c) the Chairperson of the State Executive Committee, ex offtcio.
(3) The Chairperson of the State Authority may designate one of the members nomilated under clause (b) of sub-sec. (2) to be Vice-Chairperson of the State Authority.
(4) The Chairperson of the State Executive Committee shall be the Chief Executive Officer of the State Authority, ex officio: Provided that in the case of a Union territory Legislative Assembly, except the Union territory of Delhi, the Chief Minister shall be the Chairperson of the Authority established under this section and in case of other Union territories, the Lieutenant Governor or the Administrator shall be the Chairperson of the Authority: Provided further that the Lieutenant Governor of the Union territory of Delhi shall be the Chairperson and the Chief Minister thereof shall be the Vice-Chairperson of the State Authority.
(5) The term of office and conditions of service of members of the State Authority shall are such as may be prescribed
SECTION 15: Meetings of the State Authority:
(1) The State Authority shall meet as and when necessary and at such time and place as the Chairperson of the State Authority may think fit.
(2) The Chairperson of the State Authority shall preside over the meetings of the State Authority.
(3) If for any reason, the Chairperson of the State Authority is unable to attend the meeting of the State Authority, the Vice-Chairperson of the State Authority shall preside at the meeting.
SECTION 16: Appointment of officers and other employees of State Authority:
The State Government shall provide the State Authority with such officers, consultants and employees, as it considers necessary, for carrying out the functions of the State Authority.
SECTION 17: Constitution of advisory committee by the State Authority:
(1) A State Authority may, as and when it considers necessary, constitute an advisory committee, consisting of experts in the field of disaster management and having practical experience of ' disaster management to make recommendations on different aspects of disaster management.
(2) The members of the advisory committee shall be paid such allowances as may be prescribed by the State Government.
SECTION 18: Powers and functions of State Authority:
(1) Subject to the provisions of this Act, a State Authority shall have the responsibility for laying down policies and plans for disaster management in the State.
(2) Without prejudice to the generality of provisions contained in sub-sec. (1), the State Authority may (a) lay down the State disaster management policy; (b) approve the State Plan in accordance with the guidelines laid down by the National Authority; (c) approve the disaster management plans prepared by the departments of the Government of the State; (d) 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 therefor; (e) coordinate the implementation of the State Plan; (f) recommend provision of funds for mitigation and preparedness measures; (g) review the development plans of the" different departments of the State and ensure that prevention and mitigation measures are integrated therein; (h) 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 be necessary.
(3) The Chairperson of the State Authority shall, in the case of emergency, have power to exercise all or any of the powers of the State Authority but the exercise of such powers shall be subject to ex post facto ratification of the State Authority.
SECTION 19: Guidelines for minimum standard of relief by State Authority:
The State Authority shall lay down detailed guidelines for providing standards of relief to persons affected by disaster in the State: Provided that such standards shall in no case be less than the minimum standards in the guidelines laid down by the National Authority in this regard.
SECTION 20: Constitution of State Executive Committee:
(1) The State Government shall, immediately after issue of notification under sub-sec. (1) of (S.14), constitute a State Executive Committee to assist the State Authority in the performance of its functions and to coordinate action in accordance with the guidelines laid down by the State Authority and ensure the compliance of the directions issued by the State Government under this Act.
(2) The State Executive Committee shall consist of the following members, namely: (a) the Chief Secretary to the State Government, who shall be Chairperson, ex officio; (b) four Secretaries to the Government of the State of such departments as the State Government may think fit, ex officio. (3) The Chairperson of the State Executive Committee shall exercise such powers and perform such functions as may be prescribed by the State Government and such other powers and functions as may be delegated to him by the State Authority. (4) The procedure to be followed by the States Executive Committee in exercise of its powers and discharge of its functions shall be such as may be prescribed by the State Government.
SECTION 21: Constitution of sub-committees by State Executive Committee:
(1) The State Executive Committee may, as and when it considers necessary, constitute one or more sub-committees, for efficient discharge of its functions.
(2) The State Executive Committee shall, from amongst its members, appoint the Chairperson of the sub-committee referred to in sub-sec. (1).
(3) Any person associated as an expert with any sub-committee may be paid such allowances as may be prescribed by the State Government.
SECTION 22: Functions of the State Executive Committee:
(1) The State Executive Committee shall have the responsibility for implementing the National Plan and State Plan and act as the coordinating and monitoring body for management of disaster in the State.
(2) Without prejudice to the generality of the provisions of sub-sec. (1), the State Executive Committee may (a) coordinate and monitor the implementation of the National Policy, the National Plan and the State Plan; (b) examine the vulnerability of different parts of the State to different forms of disasters and specify measures to be taken for their prevention or mitigation; (c) lay down guidelines for preparation of disaster management plans by the departments of the Government of the State and District Authorities; (d) monitor the implementation of disaster management plans prepared by the departments of the Government of the State and District Authorities; (e) monitor the implementation of the guidelines laid down by the State Authority for integrating of measures for prevention of disaster and mitigation by the departments in their development plans and projects; (f) evaluate preparedness at all governmental or non-governmental levels to respond to any threatening disaster situation or disaster and give directions, where necessary, for enhancing such preparedness; (g) coordinate response in the event of any threatening disaster situation or disaster; (h) give directions to any Department of the Government of the State or any other authority or body in the State regarding actions to be taken in response to any threatening disaster situation or disaster; (i) promote general education, awareness and community training in regard to the forms of disasters to which different parts of the State are vulnerable and the measures that may be taken by such community to prevent the disaster, mitigate and respond to such disaster; (j) advise, assist and coordinate the activities of the Departments of the Government of the State, District Authorities, statutory bodies and other governmental and non-governmental organisations engaged in disaster management; (k) provide necessary technical assistance or give advice to District Authorities and local authorities for carrying out their functions effectively; (1) advise the State Government regarding all financial matters in relation to disaster management; (m) examine the construction, in any local area in the State and, if it is of the opinion that the standards laid for such construction for the prevention of disaster is not being or has not been followed, may direct the District Authority or the local authority, as the case may be, to take such action as may be necessary to secure compliance of such standards; (n) provide information to the National Authority relating to different aspects of disaster management; (o) lay down, review and update State level response plans and guidelines and ensure that the district level plans are prepared, reviewed and updated; (p) ensure that communication systems are in order and the disaster management drills are carried out periodically; (q) perform such other functions as may be assigned to it by the State Authority or as it may consider necessary.
SECTION 23: State Plan:
(1) There shall be a plan for disaster management for every State to be called the State Disaster Management Plan.
(2) The State Plan shall be prepared by the State Executive Committee having regard to the guidelines laid down by the National Authority and after such consultation with local authorities, district authorities and the people's representation as the State Executive Committee may deem fit.
(3) The State Plan prepared by the State Executive Committee under sub-sec. (2) shall be approved by the State Authority.
(4) The State Plan shall include, (a) the vulnerability of different parts of the State to different forms of disasters; (b) the measures to be adopted for prevention and mitigation disasters; (c) the manner in which the mitigation measures shall be integrated with the development plans and projects; (d) the capacity-building and preparedness measures to be taken; (e) the roles and responsibilities of each Department of the Government of the State in relation to the measures specified in clauses (b), (c) and (d) above; (f) the roles and responsibilities of different Departments of the Government of the State in responding to any threatening disaster situation or disaster.
(5) The State Plan shall be reviewed and updated annually..
(6) Appropriate provisions shall be made by the State Government for financing for the measures to be carried out under the State Plan.
(7) Copies of the State Plan referred to in sub-sees. (2) and (5) shall be made available to the Departments of the Government of the State and such Departments shall draw up their own plans in accordance with the State Plan.
SECTION 24: Powers and functions of State Executive Committee in the event of threatening disaster situation:
For the purpose of, assisting and protecting the community affected by disaster or providing relief to such community or, preventing or combating disruption or dealing with the effects of any threatening disaster situation, the State Executive Committee may (a) control and restrict, vehicular traffic to, from or within, the vulnerable or affected area;
(b) control and restrict the entry of any person into, his movement within and departure from, a vulnerable or affected area;
(c) remove debris, conduct search and carry out rescue operations;
(d) provide shelter, food, drinking water, essential provisions, healthcare and services in accordance with the standards laid down by the National Authority and State Authority;
(e) give direction to the concerned Department of the Government of the State, any District Authority or other authority, within the local limits of the State to take such measure or steps for rescue," evacuation or providing immediate relief saving lives or property, as may be necessary in its opinion;
(f) require any department of the Government of the State or any other body or authority or person in charge of any relevant resources to make available the resources for the purposes of emergency response, rescue and relief;
(g) require experts and consultants in the field of disasters to provide advice and assistance for rescue and relief;
(h) procure exclusive or preferential use of amenities from any authority or person as and when required;
(i) construct temporary bridges or other necessary structures and demolish unsafe structures which may be hazardous to public;
(j) ensure that non-governmental organisations carry out their activities in an equitable and non-discriminatory manner;
(k) disseminate information to public to deal with any threatening disaster situation or disaster;
(l) take such steps as the Central Government or the State Government may direct in this regard or take such other steps as are required or warranted by the form of any threatening disaster situation or disaster.
CHAPTER 4: DISTRICT DISASTER MANAGEMENT AUTHORITY:
SECTION 25: Constitution of District Disaster Management Authority:
(1) Every State Government shall, as soon as may be after issue of notification under sub-sec. (1) of (S.14), by notification in the Official Gazette, establish a District Disaster Management Authority for every district in the State with such name as may be specified in that notification.
(2) The District Authority shall consist of the Chairperson and such number of other members, not exceeding seven, as may be prescribed by the State Government, and unless the rules otherwise provide, it shall consist of the following, namely: (a) the Collector or District Magistrate or Deputy Commissioner, as the case may be, of the district who shall be Chairperson, ex officio; (b) the elected representative of the local authority who shall be the co-Chairperson, ex officio: Provided that in the Tribal Areas, as referred to in the Sixth Schedule to the Constitution, the Chief Executive Member of the district council of autonomous district, shall be the co-Chairperson, ex officio; (c) the Chief Executive Officer of the District Authority, ex officio; (d) the Superintendent of Police, ex officio; (e) the Chief Medical Officer of the district, ex officio; (f) not exceeding two other district level officers, to be appointed by the State Government.
(3) In any district where zila parishad exists, the Chairperson thereof shall be the co-Chairperson of the District Authority.
(4) The State Government shall appoint an officer not below the rank of Additional Collector or Additional District Magistrate or Additional Deputy Commissioner, as the case may be, of the district to be the Chief Executive Officer of the District Authority to exercise such powers and perform such functions as may be prescribed by the State Government and such other powers and functions as may be delegated to him by the District Authority.
SECTION 26: Powers of Chairperson of District Authority:
(1)The Chairperson of the District Authority shall, in addition to presiding over the meetings of the District Authority, exercise and discharge such powers and functions of the District Authority as the District Authority may delegate to him.
(2) The Chairperson of the District Authority shall, in the case of an emergency, have power to exercise all or any of the powers of the District Authority but the exercise of such powers shall be subject to ex post facto ratification of the District Authority.
(3) The District Authority or the Chairperson of the District Authority may, by general or special order, in writing, delegate such of its or his powers and functions, under sub-sec. (1) or (2), as the case may be, to the Chief Executive Officer of the District Authority, subject to such conditions and limitations, if any, as it or he deems fit.
SECTION 27: Meetings:
The District Authority shall meet as and when necessary and at such time and place as the Chairperson may think fit.
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