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DISASTER MANAGEMENT ACT

Ministry of Law and Justice

Act nº 53 of 2005


  • Chapter I
  • Chapter II
  • Chapter III
  • Chapter IV
  • Chapter V
  • Chapter VI
  • Chapter VII
  • Chapter VIII
  • Chapter IX
  • Chapter X
  • Chapter XI
  • Act nº 53 of 2005

Preamble

THE DISASTER MANAGEMENT ACT, 2005

[Act, No. 53 of 2005]

[23rd December, 2005]

PREAMBLE

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 I

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) 1It shall come into force on such date as the Central Government may, by notification in the Official Gazette appoint; and different dates2 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.

1. Enforcement date for the Sections 7, 9, 11, 12, 13, 35, 36, 37, 42, 43, 49, 50, Sub-section (1) of Section 70 and Section 76 of Disaster Management Act, 2005 as per notification no. SO1861(E) dated 30.10.2006, is 30.10.2006. Enforcement date for the Sections 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 38, 39, 40, 41, 48, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, Sub-section (2) of Section 70, Sections 71, 72, 73, 74, 78 and 79 as per Notification No. SO722(E) dated 07.05.2007, is 01.08.2007.

2. Enforcement date for the Sections 44 and 45 of Disaster Management Act, 2005 vide Notification No. SO517(E) dated 17.03.2008, is 17th day of March, 2008.


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

(ii) acquiring or creating resources identified under sub-clause (i);

(iii) organisation and training of personnel and coordination 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 or magnitude as to be beyond the coping capacity of the community of the affected area;

(e) "disaster management" means a continuous and integrated process of planning, organising, coordinating 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-section (f) of section 25;

(g) "District Plan" means the plan for disaster management for the district prepared under section 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-section (1) of section 3;

(k) "National Executive Committee" means the Executive Committee of the National Authority constituted under sub-section (1) of section 8;

(l) "National Plan" means the plan for disaster management for the whole of the country prepared under section 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-section (1) of section 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-section (1) of section 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 article 239 of the Constitution;

(t) "State Plan" means the plan for disaster management for the whole of the State prepared under section 23.

Chapter II

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-section (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 NationalAuthority shall have the responsibility for laying down the policies, plans andguidelines for disaster management for ensuring timely and effective responseto disaster.

(2) Without prejudice to generality of the provisionscontained in sub-section (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 Departmentsof the Government of India in accordance with the National Plan;

(d) lay down guidelines to be followed by the StateAuthorities in drawing up the State Plan;

(e) lay down guidelines to be followed by the differentMinistries or Departments of the Government Of India for the purpose ofintegrating the measures for prevention of disaster or the mitigation of itseffects in their development plans and projects;

(f) coordinate the enforcement and implementation of thepolicy and plan for disaster management;

(g) recommend provision of funds for the purpose ofmitigation;

(h) provide such support to other countries affected bymajor 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 thethreatening disaster situation or disaster as it may consider necessary;

(j) lay down broad policies and guidelines for thefunctioning of the National Institute of Disaster Management.

(3) The Chairperson of the National Authority shall, in thecase of emergency, have power to exercise all or any of the powers of theNational Authority but exercise of such powers shall be subject to ex postfacto 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 ofnotification under sub-section (1) of section 3, constitute a NationalExecutive Committee to assist the National Authority in the performance of itsfunctions under this Act.

(2) The National Executive Committee shall consist of thefollowing members, namely:--

(a) the Secretary to the Government of India in charge ofthe Ministry or Department of the Central Government having administrativecontrol of the disaster management, who shall be Chairperson, ex officio;

(b) the Secretaries to the Government of India in the Ministriesor 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 theIntegrated Defence Staff of the Chiefs of Staff Committee, ex officio.

(3) The Chairperson of the National Executive Committee mayinvite any other officer of the Central Government or a State Government fortaking part in any meeting of the National Executive Committee and shallexercise such powers and perform such functions as may be prescribed by theCentral Government in consultation with the National Authority.

(4) The procedure to be followed by the National ExecutiveCommittee in exercise of its powers and discharge of its functions shall besuch 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-section (1).

(3) Any person associated as an expert 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-section (1), the National Executive Committee may--

(a) act as the coordinating and 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 Ministries 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;

(l) 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) advise, 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 shall 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-sections (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.