Disaster Management Act, 2005

The Disaster Management Act, 2005 has been enacted by the Parliament of India for the effective management of disasters.

Disaster Management Act, 2005

[Act 53 of 2005]         [23rd December, 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:—

Statement of Objects and Reasons.—The Government have decided to enact a law on disaster management to provide for requisite institutional mechanisms for drawing up and monitoring the implementation of the disaster management plans, ensuring measures by various wings of Government for prevention and mitigating effects of disasters and for undertaking a holistic, coordinated and prompt response to any disaster situation.

2. The Disaster Management Bill, 2005 provides for setting up of a National Disaster Management Authority under the Chairmanship of the Prime Minister, State Disaster Management Authorities under the Chairmanship of Chief Ministers and District Disaster Management Authorities under the Chairmanship of District Magistrates. The Bill also provides for concerned Ministries or Departments to draw up department-wise plans in accordance with the National Disaster Management Plan. It provides for constitution of a National Disaster Response Force and setting up the National Institute of Disaster Management. The Bill provides for the constitution of the National Fund for Disaster Response and the National Fund for Disaster Mitigation and similar Funds at the State and District levels. The Bill provides for specific role for Local Bodies in disaster management including Panchayati Raj Institutions as well as Urban Local Bodies like Municipalities.

3. The proposed enactment will facilitate effective steps for the mitigation of disasters, prepare for and coordinate effective response to disasters, as also matters connected therewith or incidental thereto.

4. The Bill seeks to achieve the above objects.

Chapter I

PRELIMINARY

1. Short title, extent and commencement.

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.

[Editor’s Note: Dates on which various provisions of the Act came into force:

28-7-2006 on which Sections 2 to 6, 8, 10, 75, 77 and 79 came into force [vide S.O. 1216(E), dated 28-7-2006]

30-10-2006 on which Sections 7, 9, 11 to 13, 35 to 37, 42, 43, 49, 50, 70(1) and 76 came into force [vide S.O. 1861(E), dated 30-10-2006].

1-8-2007 on which Sections 14 to 34, 38 to 41, 48, 51 to 69, 70(2), 71 to 74, 78 and 79 came into force, [vide S.O. 722(E), dated 7-5-2007].

17-3-2008 on which Sections 44 and 45 came into force [vide S.O. 517(E), dated 17-3-2008].

18-10-2011 on which Section 46(1) and (2) came into force [vide S.O. 2397(E), dated 18-10-2011]]

2. Definitions.

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 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 (1) 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 effect 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

THE NATIONAL DISASTER MANAGEMENT AUTHORITY

3. Establishment of National Disaster Management Authority.

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 consists 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.

4. Meetings of National Authority.

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.

5. Appointment of officers and other employees of the National Authority.

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.

6. Powers and functions of National Authority.

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-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 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.