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Bar News Acts League

The Disaster Management Act, 2005

Act ID: 2005

The Disaster Management Act, 2005

"An Act to provide for the effective management of disasters and for matters connected therewith."

Table of Contents

79 Sections

Ch. IP

reliminary

S.1Short title, extent and commencement .-(1) This Act may be called The Disaster Management Act, 2005 S.2Definitions .-In this Act, unless the context otherwise requires,S.5Powers and functions of National Authority S.13Constitution of Executive Committee S.16State Disaster Management Authority S.27District Disaster Management Authority S.29Powers and functions of District Authority S.33National Plan S.43National Disaster Response Fund S.45National Disaster Mitigation Fund S.52Offences by departments S.53Failure to comply with directions S.54Punishment for false warning S.56Failure to comply with direction to make available resources S.57Punishment for obstruction S.59Previous sanction of Central or State Government S.61Protection of action taken in good faith S.62Officers to be public servants S.63Delegation of powers S.64Annual report S.67Power to make rules by State Government S.68Power to make regulations S.69Repeal and savings S.71[Omitted]S.72[Omitted]S.73[Omitted]S.74[Omitted]S.77[Omitted]

Ch. IIT

he National Disaster Management Authority

S.3Establishment 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 S.4Meetings 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 S.6Powers 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 S.7Constitution 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 recommendation on different aspects of disaster management S.8Constitution of National Executive Committee .-(1) The Central Government shall, immediately after issue of notification under sub-section (1) of section 3, constitute a National Executive Committee to assist the National Authority in the performance of its functions under this Act S.9Constitution 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 S.10Powers 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 S.11National Plan .-(1) There shall be drawn up a plan for disaster management for the whole of the country to be called the National Plan S.12Guidelines 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,

Ch. IIIS

tate Disaster Management Authorities

S.14Establishment of State Disaster Management Authority .-(1) Every State Government shall, as soon as may be after the issue of the notification under sub-section (1) of section 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 S.15Meetings 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 S.17Constitution 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 S.18Powers 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 S.19Guidelines 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:S.20Constitution of State Executive Committee .-(1) The State Government shall, immediately after issue of notification under sub-section (1) of section 14, constituting 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 directions issued by the State Government under this Act S.21Constitution 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 S.22Functions 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 S.23State Plan .-(1) There shall be a plan for disaster management for every State to be called the State Disaster Management Plan S.24Powers 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

Ch. IVDis

trict Disaster Management Authority

S.25Constitution of District Disaster Management Authority .-(1) Every State Government shall, as soon as may be after issue of notification under sub-section (1) of section 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 S.26Powers 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 S.28Constitution of advisory committees and other committees .-(1) The District Authority may, as and when it considers necessary, constitutes one or more advisory committees and other committees for the efficient discharge of its functions S.30Powers and functions of District Authority .-(1) The District Authority shall act as the district planning, coordinating and implementing body for disaster management and take all measures for the purposes of disaster management in the district in accordance with the guidelines laid down by the National Authority and the State Authority S.31District Plan .-(1) There shall be a plan for disaster management for every district of the State S.32Plans by different authorities at district level and their implementation .-Every office of the Government of India and of the State Government at the district level and the local authorities shall, subject to the supervision of the District Authority,S.34Powers and functions of District Authority in the event of any threatening disaster situation or disaster .-For the purpose of assisting, protecting or providing relief to the community, in response to any threatening disaster situation or disaster, the District Authority may

Ch. VMe

asures By The Government For Disaster Management

S.35Central Government to take measures .-(1) Subject to the provisions of this Act, the Central Government shall take all such measures as it deems necessary or expedient for the purpose of disaster management S.36Responsibilities of Ministries or Departments of Government of India .-It shall be the responsibility of every Ministry or Department of the Government of India to S.37Disaster management plans of Ministries or Departments of Government of India .-(1) Every Ministry or Department of Government of India shall S.38State Government to take measures .-(1) Subject to the provisions of this Act, each State Government shall take all measures specified in the guidelines laid down by the National Authority and such further measures as it deems necessary or expedient, for the purpose of disaster management S.39Responsibilities of departments of the State Government .-It shall be the responsibility of every department of the Government of a State to S.40Disaster management plan of departments of State .-(1) Every department of the State Government, in conformity with the guidelines laid down by the State Authority, shall

Ch. VILo

cal Authorities

S.41Functions of the local authority .-(1) Subject to the directions of the District Authority, a local authority shall

Ch. VIIN

ational Institute Of Disaster Management

S.42National Institute of Disaster Management .-(1) With effect from such date as the Central Government may, by notification in the Official Gazette appoint in this behalf, there shall be constituted an institute to be called the National Institute of Disaster Management

Ch. VIIIN

ational Disaster Response Force

S.44National Disaster Response Force .-(1) There shall be constituted a National Disaster Response Force for the purpose of specialist response to a threatening disaster situation or disaster

Ch. IXF

inance, Accounts And Audit

S.46National Disaster Response Fund .-(1) The Central Government may, by notification in the Official Gazette, constitute a fund to be called the National Disaster Response Fund for meeting any threatening disaster situation or disaster and there shall be credited thereto S.47National Disaster Mitigation Fund .-(1) The Central Government may, by notification in the Official Gazette, constitute a Fund to be called the National Disaster Mitigation Fund for projects exclusively for the purpose of mitigation and there shall be credited thereto such amount which the Central Government may, after due appropriation made by Parliament by law in this behalf, provide S.48Establishment of funds by State Government .-(1) The State Government shall, immediately after notifications issued for constituting the State Authority and the District Authorities, establish for the purposes of this Act the following funds, namely:S.49Allocation of funds by Ministries and Departments .-(1) Every Ministry or Department of the Government of India shall make provisions, in its annual budget, for funds for the purposes of carrying out the activities and programmes set out in its disaster management plan S.50Emergency procurement and accounting .-Where by reason of any threatening disaster situation or disaster, the National Authority or the State Authority or the District Authority is satisfied that immediate procurement of provisions or materials or the immediate application of resources are necessary for rescue or relief,

Ch. XO

ffences And Penalties

S.51Punishment for obstruction, etc .-(1) Whoever, without reasonable cause S.55Offences by Departments of the Government .-(1) Where an offence under this Act has been committed by any Department of the Government, the head of the Department shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly unless he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence S.58Offence by companies .-(1) Where an offence under this Act has been committed by a company or body corporate, every person who at the time the offence was committed, was in charge of, and was responsible to, the company, for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly:S.60Cognizance of offences .-No Court shall take cognizance of an offence under this Act except on a complaint made by

Ch. XIMis

cellaneous

S.65Power of requisition of resources, provisions, vehicles, etc., for rescue operations, etc .-(1) If it appears to the National Executive Committee, State Executive Committee or District Authority or any officer as may be authorised by it in this behalf that S.66Payment of compensation .-(1) Whenever any Committee, Authority or officer referred to in sub-section (1) of section 65, in pursuance of that section requisitions any premises, there shall be paid to the persons interested compensation the amount of which shall be determined by taking into consideration the following, namely:S.70Annual report .-(1) The National Authority shall prepare once every year, in such form and at such time as may be prescribed, an annual report giving a true and full account of its activities during the previous year and copies thereof shall be forwarded to the Central Government and that Government shall cause the same to be laid before both Houses of Parliament within one month of its receipt S.75Power of Central Government to make rules .-(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act S.76Power to make regulations .-(1) The National Institute of Disaster Management, with the previous approval of the Central Government may, by notification in the Official Gazette, make regulations consistent with this Act and the rules made thereunder to carry out the purposes of this Act S.78Power of State Government to make rules .-(1) The State Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act S.79Power to remove difficulties .-(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government or the State Government, as the case may be, by notification in the Official Gazette, make order not inconsistent with the provisions of this Act as may appear to it to be necessary or expedient for the removal of the difficulty: