LAW AND DISASTER MANAGEMENT

RELEVENT PROVISIONS OF
DISASTER MANAGEMENT
ACT, 2005
SUBMITTED TO: DR. FAIZANUR RAHMAN

SUBMITTED BY: SAMREEN KHAN

FINAL YEAR, SECTION A

FACULTY OF LAW
JAMIA MILLIA ISLAMIA
 1. OBJECTIVE AND SCOPE:

The Disaster Management Act, 2005 provides for the effective management of disasters. The
Act marks a paradigm shift in the nature of disaster management in India with focus shifting
towards disaster mitigation, prevention and preparedness. This Act said to be the mother Act
dealing with disasters, both natural and man-made establishes the National Disaster
Management Authority at the Central Level and replicates the model at the State and district
level.

2. RELEVANT PROVISIONS OF THE ACT:

Definitions:

a. Disaster means a Catastrophe, mishap, calamity or grave occurrence in any area

arising from natural or man- made causes, accident or negligence which results in
substantial loss of life or human suffering, destruction of property, damage to
environment beyond the coping capacity of the community of the affected area.
b. "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;

The Supreme Court in N.D. Jayal and Anr. Vs. Union of India (UOI) and Ors.1 observed:
Disaster Management means all aspects of planning, coordinating and implementing all
measures which are necessary or desirable to prevent, minimize, overcome or to stop the
spread of a disaster upon the people or any property and includes all stages of rescue and
immediate relief. It is a proven fact that lot of human suffering and misery from large number
of disasters can be mitigated by taking timely actions, planning and preventive measures. It is

1
(2004) 9SCC 362.
possible only through well functioning disaster management framework. This will enable us
to minimize, control and limit the effects of disaster and will streamline the disaster
management exercises. Our present relief centered re-active approach after the striking of
disaster need to be changed into preparedness oriented pro-active attitude. This is the aim of
pre-disaster preparations. Disaster Management Plans has to play an integral role in this
exercise. They are blue prints for the management of disasters. The Disaster Management
Plans should contain the aspects of disaster prevention and of ways for its management in the
untoward occurrence of a disaster. A proper plan will place the disaster management exercise
on a more firm foundation. Disaster Management activities should be integrated with the
developmental activities. Incidentally, this is also the resolve of the Yokohama Strategy of
the United Nations International Decade of Natural Disaster Reduction, to which India is a
party. There is an affirmative obligation on the part of the State to preserve and protect
human life and property. This obligation is an integral element in fulfilling developmental
endeavors. Therefore, disaster management cannot be separated from sustainable
development.

c. .District Authority refers to the District Disaster Management Authority.

d. District Plan refers to the Plan for disaster management for district.
e. Local Authority refers to Panchayati raj institutions, municipalities, district board,
cantonment board, town planning authority, Zila Parishad or other authority
responsible for providing essential services within a specified local area.
Establishment of National Disaster Management Authority (Section 3) National
Disaster Management Authority consisting of Chairperson and other members (not
exceeding nine) should be established by Central Government. Prime Minister will be
the ex officio Chairperson of it.
3. Powers and functions of National Authority (Section 6)

National Authority is responsible for laying down policies, plans and guidelines for disaster
management. It is responsible for -Approving National Plan -Approving plans prepared by
Ministries / Government Departments in accordance with national plans. -Laying down
guidelines to be followed by State Authorities and different Ministries or Government
Departments while drawing up plans. -Coordinate enforcement and implementation of policy
and plan for disaster management. -Take measures for prevention of disaster.
 4. Advisory Committee (Section 7)

National Authority will have an advisory committee consisting of experts in the field of
disaster management at national, State or district level to make recommendation on different
aspect of disaster management.

5. National Executive Committee (Section 8)

National Executive Committee will be constituted to assist the National Authority.

6. Constitution of Sub-Committees (Section 9)

National Executive Committee can constitute one or more sub-committees for efficient
discharge of its functions.

7. Functions of National Executive Committee (Section 10)

National Executive Committee is responsible for implementing the policies of National

Authority. It is responsible for acting as the coordinating and monitoring body for disaster
management. It is also in charge of preparation of the National Plan. The plan has to be
approved by National Authority. It is also responsible for providing the necessary technical
assistance to the State Government, State authorities and District Authorities for preparing
their disaster management plans.

8. Powers and functions of National Authority (Section 6)

National Authority is responsible for laying down policies, plans and guidelines for disaster
management. It is responsible for -Approving National Plan -Approving plans prepared by
Ministries / Government Departments in accordance with national plans. -Laying down
guidelines to be followed by State Authorities and different Ministries or Government
Departments while drawing up plans. -Coordinate enforcement and implementation of policy
and plan for disaster management. -Take measures for prevention of disaster.

9. Advisory Committee (Section 7)

National Authority will have an advisory committee consisting of experts in the field of
disaster management at national, State or district level to make recommendation on different
aspect of disaster management.
 10. National Executive Committee (Section 8)

National Executive Committee will be constituted to assist the National Authority.

11.Constitution of Sub-Committees (Section 9)

National Executive Committee can constitute one or more sub-committees for efficient
discharge of its functions.

12.Functions of National Executive Committee (Section 10)

National Executive Committee is responsible for implementing the policies of National

Authority. It is responsible for acting as the coordinating and monitoring body for disaster
management. It is also in charge of preparation of the National Plan. The plan has to be
approved by National Authority. It is also responsible for providing the necessary technical
assistance to the State Government, State authorities and District Authorities for preparing
their disaster management plans.

13.National Plan (Section 11)

A disaster management plan for the whole country known as the National Plan will be drawn
up by the National Executive Committee.

14. State Disaster Management Authorities (Section 14)

State government will establish a State Disaster Management Authority. State Authority will
consist of a Chairperson and other members (not exceeding nine). Chief Minister will be the
Chairperson, ex officio.

15. Advisory Committee (Section 17)

State Authority will have an advisory committee consisting of experts in the field of disaster
management.

16. Functions of State Authority (Section 18)

State Authority is responsible for laying down the State disaster management policy. It has to
approve the disaster management plans prepared by different departments of State
Government. It also lays down the guidelines which are to be followed by the different State
Department. Supreme Court in Municipal Corporation, Delhi v. Association of Victims of
Uphaar Tragedy,2 observed The Delhi Disaster Management Authority, established by the
Government of NCT of Delhi may expeditiously evolve standards to manage the disasters
relating to cinema theatres and the guidelines in regard to ex-gratia assistance. It should be
directed to conduct mock drills in each cinema theatre at least once in a year.

17. Guidelines for Minimum Standard of Relief by State Authority (Sec-19)

State Authority will lay down guidelines for providing standard of reliefs to persons affected
by disaster in State.

18. State Executive Committee (Section 20, 22)

State Executive Committee will assist State Authority in performance of its functions. State
Executive Committee consists of the Chief Secretary to the State (Chairperson, ex officio)
and four secretaries to the State Government of different departments. It is responsible for
implementing the National Plan and State Plan on disaster management. It is also the
coordinating and monitoring body for disaster management in the State. Its chief functions
are:

i. It examines the vulnerability of different parts of the State to different

forms of disasters. Accordingly, it specifies measures to be taken.
ii. It lays down guidelines for preparation of disaster management plans
by departments of Government of State and District Authorities.
iii. It monitors implementation of disaster management plans prepared by
State Government and District Authorities.
iv. It gives directions to Departments and other authority and bodies in
State regarding the action to be taken to deal with any disaster.
v. It advises, assists and coordinates activities of different Departments of
State Government, District Authorities and different bodies engaged in
disaster management. 6. It provides technical assistance and advice to
District Authorities and local authorities in carrying out their functions.
7. It can examine construction in any local area in the State and if such
construction is not in accordance with the approved standards, it can

2
AIR 2012 SC 100.
 direct the District Authority or the local authority to take necessary
actions.
19. State Plan (Section 23)

Every State will have a plan for disaster management known as the State Disaster
management Plan.

20. District Disaster Management Authority (Section 25)

District Disaster Management Authority is to be established for every district in the State.
District Authority will consist of the Chairperson and other members (not exceeding seven).
This includes the Collector or District Magistrate or Deputy Commissioner of the district
(will act the Chairperson, ex officio), the elected representative of the local
authority(CoChairperson, ex officio), Chief Executive Officer of the District Authority ( ex
officio), Superintendent of Police (ex officio), Chief Medical Officer of district (ex officio),
other district level officers (not exceeding two). In Tribal Areas (referred to in the Sixth
Schedule to the Constitution), Chief Executive Member of the district council of autonomous
district will be the co-Chairperson (ex officio). In districts where zila Parishad exists,
Chairperson shall be the co-Chairperson of the District Authority. An officer, not below the
rank of Additional Collector or Additional District Magistrate or Additional Deputy
Commissioner will be appointed to be the Chief Executive Officer of the District Authority.

21. Powers of Chairperson of District Authority (Section 26)

Chairperson of the District Authority can in case of emergency exercise all the powers of the
District Authority.

22.Powers and functions of District Authority (Section 30)

District Authority will act as the district planning, coordinating and implementing body for
disaster management. It has the following functions :

i. Preparing a disaster management plan (including district response plan

for the district).
ii. Coordinating and monitoring the implementation of the National
Policy, State Policy, National Plan, State Plan and District Plan.
iii. Identification of districts vulnerable to disasters.
 iv. Taking steps for the prevention and mitigation of disaster.
v. Ensuring that the guidelines laid down by National Authority and State
Authority are followed by all departments of Government at district
level and the local authorities in the district.
vi. Giving directions to different authorities at district level and local
authorities to take measures for prevention or mitigation of disasters.
vii. Laying down guidelines for prevention of disaster management plans
by Government department at the district level and local authorities in
the district.
viii. Monitoring implementation of disaster management plans prepared by
the Government Department at the district level.
ix. Reviewing state of capabilities for responding to disasters.
x. Reviewing preparedness measures to respond effectively to any
disaster or threatening disaster situation.
xi. Organizing specialized training programmes for officers, employees
and voluntary rescue workers in the district.
xii. Organizing community training and awareness programmes.
xiii. Setting up, maintaining, reviewing and upgrading mechanism for early
warning and dissemination of information to public.
xiv. Prepare, review and update district level response plan.
xv. Coordinate response to any threatening disaster situation.
xvi. Ensuring that Government Department at district levels and local
authorities prepare their response plans.
xvii. Examining construction in district and ensuring that it meets the
necessary standards.
xviii. Identifying buildings and places which can be used as relief centers.
xix. Establishing stockpiles of relief and rescue material.
xx. - Providing information to State Authority relating to different aspects
of disaster management.
xxi. Encouraging involvement of non-governmental organizations and
voluntary social welfare institutions in district for disaster
management. The Supreme Court in Kishen Pattnayak and Anr. vs.
 3
State of Orissa considered a letter written to the Chief Justice of
India, highlighting the miserable condition of the inhabitants of the
district of Kalahandi in the State of Orissa on account of extreme
poverty, by the petitioners as a writ petition. This writ petition was
taken along with another writ petition filed by Indian People's Front
alleging starvation deaths, drought diseases and famine in the districts
of Koraput and Kalahandi due to utter negligence and callousness of
the administration and the Government of Orissa. In order to ascertain
the correct state of affairs, the Court was pleased to direct the District
Judge of Kalahandi to enquire as to whether the State Government has,
in fact, implemented the social welfare measures in the district of
Kalahandi and whether such measures were adequate to meet the needs
of the people there. The report was however not considered. The
Supreme Court held that a district-level Natural Calamities Committee
consisting of the Collector, other officials and the popular
representatives like MPs and MLAs of the district, who are required to
review the progress of relief work and the measures taken to meet the
drought conditions from time to time was sufficient and no new
committee was required to be formed. The Government of Orissa was
directed to nominate the names of at least five persons belonging to
recognised voluntary organisations and registered voluntary agencies
as members of the said Natural Calamities Committee of the district.
The Committee was to hold at least one meeting every two months and
the function of the Committee would not be confined only to the cases
of starvation deaths, but it shall be responsible for looking after the
welfare of the people of the district.
23. District plan (Section 31)

Every district will have a plan for disaster management. The plan will include the areas in the
district which are vulnerable to different forms of disasters. The plan should list down the
measures to be taken to prevent and mitigate disasters.

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1989 Supp (1) SCC 258 : AIR 1989 SC 677.
 24. Plans by different authorities at district level and their implementation
(Sec-32)

Authorities at district level will prepare a disaster management plan.

25. Powers and functions of District Authority in case of any disaster

(Section 34)

District Authority has the following powers and functions:--

1. Give directions for release and use of resources available with

Government Department and local authority.
2. Control vehicular traffic in the affected area.
3. Remove debris, conduct search and carry out rescue operations.
4. Provide shelter, food, drinking water, healthcare and other essential
services.
5. Establish emergency communication system in affected area.
6. Make arrangements for disposal of unclaimed dead bodies.
7. Construct temporary bridges or other necessary structures and
demolish hazardous structures.
26. State Government to take measures (Section 38)

State Government will take all measures specified in the guidelines laid down by the National
Authority and other measures necessary for disaster management.

27. Disaster Management Plan of Departments of State (Section 40)

Every department of state Government shall prepare a disaster management plan.

28. Functions of the Local Authority (Section 41)

Local Authority will take all measures necessary for disaster management. This includes
ensuring that its officers and employees are trained for disaster management, maintaining
resources relating to disaster management, ensuring construction projects confirm to
standards and specifications laid down for prevention of disaster and carrying out relief,
rehabilitation and reconstruction activities in affected area.
 29. National Institute of Disaster Management (Section 42)

National Institute of Disaster Management will be constituted by Central Government. The

institute will be responsible for developing training modules, undertake research and
documentation in disaster management and organize training programmes. It will also be
responsible for providing assistance to State Government and State training institutes in
formulation of State level policies etc.

30. National Disaster Response Force (Section 44)

National Disaster response Force is to be constituted for providing specialist response to

disasters.

31. National Disaster Response Fund (Section 46)

Central Government will constitute National Disaster Response Fund for meeting disaster
situations.

32. National Disaster Mitigation Fund (Section 47)

Central Government will constitute National Disaster Mitigation Fund for projects
exclusively for mitigation of disaster.

33. Establishment of funds by State Government (Section 48)

State Government will constitute a State Disaster Response Fund, District Disaster Response
Fund, State Disaster Mitigation Fund and District Disaster Mitigation Fund.

34. Offences and penalties (Chapter X)

Chapter X deals with offences and penalties. Obstruction of any officer in discharge of his
functions under the Act is punishable under Section 51. Making of false claim for the purpose
of obtaining any relief, assistance or other benefit is punishable under Section 52.
Misappropriation of money or materials meant for providing relief in any disaster situation is
punishable under Section 53. Making false alarm as to disaster or its magnitude leading to
panic is punishable under Section 54. In case of offence being committed by any Government
Department, head of Department is deemed to be guilty of the offence (Section 55). Failure
of any officer in duty imposed under this Act is punishable under Section 56. In case of any
offence being committed by a company or body corporate, the persons who were in charge of
the company at the relevant time and the company will be liable for such acts under Section
58.

35. Prohibition against discrimination (Section 61)

No discrimination on the ground of sex, caste, community, descent or religion should be done
while providing compensation and relief to the victims of disaster.

36. Bar of Jurisdiction of Court (Section 71)

Except the Supreme Court or High Court, no court shall have jurisdiction to entertain any suit
in respect of anything done on instructions issued by Central Government, National
Authority, State Government, State Authority or District Authority in relation to its functions
under this Act.