The Disaster Management Act 2005
The Government of India, in recognition of the importance of Disaster Management as a national priority, set up a High-Powered Committee in August 1999 and a National Committee after the Gujarat earthquake, for making recommendations on the preparation of Disaster Management plans and suggesting effective mitigation mechanisms. The Tenth Five-Year Plan document had, for the first time, a detailed chapter on Disaster Management. The Twelfth Finance Commission was mandated to review the financial arrangements for Disaster Management.
On 23 December 2005, the then UPA (United Progressive Alliance) government enacted the Disaster Management Act (DMA), which envisaged the creation of National Disaster Management Authority (NDMA), headed by the Prime Minister, and State Disaster Management Authorities (SDMAs) headed by respective Chief Ministers. It was passed by the Rajya Sabha on 28th November 2005 and by the Lok Sabha on 12th December 2005.
THE ACT:-
Objective:- An Act to provide for the effective management of disasters and for matters connected therewith or incidental thereto.
What is Disaster? As per the Section 2(d) of DMA, "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;
What is Disaster Management? As per the Section 2(e) of DMA, "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;
National Disaster Management Authority:- Section 3 of the act provides guidelines for the establishment of National Disaster Management Authority. The authority will be 10 member body. The Prime Minister will be ex officio chairperson of the body and other 9 members nominated by the chairperson. The chairperson can also designate one of the nominated member as Vice-Chairperson.
The primary responsibility of the Authority will be laying down the policies, plans and guidelines for disaster management for ensuring timely and effective response to disaster.The authority also may recommend provision of funds for the purpose of mitigation.
Advisory Committee:- 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.
National Executive Committee:- To assist the National Authority in the performance of its function, this act under Section 8, provides guidelines for the establishment of National Executive Committee. The committee will be consist of, 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 (ex officio Chairperson) and 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.
The National Executive Committee may, as and when it considers necessary, constitute one or more subcommittees, for the efficient discharge of its functions.
It is the coordinating and monitoring body for disaster management. The primary responsibility of National Executive Committee is to 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. It also evaluates 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;
The National Executive Committee may, as and when it considers necessary, constitute one or more subcommittees, for the efficient discharge of its functions.
It is the coordinating and monitoring body for disaster management. The primary responsibility of National Executive Committee is to 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. It also evaluates 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;
National Plan:- This is the most important aspect of DMA, 2005. Under section 11, this act directs to draw up a plan for disaster
management for the whole of the country to be called the National Plan. Despite being the National Plan, Section 11(2) clearly mentions that State Governments should be consulted in making of this plan. The National Plan will 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.
The National Plan will 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.
Minimum standard of relief covered under National Plan:-
The National Plan will 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.
Minimum standard of relief covered under National Plan:-
- The minimum requirements to be provided in the relief camps in relation to shelter, food, drinking water, medical cover and sanitation;
- The special provisions to be made for widows and orphans;
- 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;
- Such other relief as may be necessary.
- 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 disaster on such concessional terms as may be appropriate.
National Institute of Disaster Management:- Section 42 of DMA 2005 proposes the Central Government to constitute an institute called National Institute of Disaster Management.The governing body of this institute will be constituted by the Central Government from amongst the members of the institute. The National Institute of Disaster Management will function within the broad policies and guidelines laid down by the National Authority and be responsible for planning and promoting training and research in the area of disaster management, documentation and development of national level information base relating to disaster management policies, prevention mechanisms and mitigation measures. The institute will formulate and implement a comprehensive human resource development
plan covering all aspects of disaster management. It will also develop educational materials for disaster management including academic and professional courses.
National Disaster Response Force:- There will be constituted a National Disaster Response Force under Section 44, for the purpose of specialist response to a threatening disaster situation or disaster. The general superintendence, direction and control of the Force will be vested and exercised by the National Authority and the command and supervision of the Force will vest in an officer to be appointed by the Central Government as the Director General of the National Disaster Response Force.
National Disaster Response Fund:- There is a provision to constitute a fund to be called
State Disaster Management Authority:- Similar to the National Authority, every state will also establish State Disaster Management Authority at state level under Section 14 of the act. This will be the 10 member body including the chairperson, the 8 nominated members by the chairperson and the chairperson of State Executive Committee. Chief Minister will be the ex officio chairperson of the Authority. For Union territories except the UTs having Legislative Assembly, the Lieutenant Governor or the Administrator shall be the Chairperson of that Authority. Like National Authority, the primary responsibility of State Authority will be laying down policies and plans for disaster management in the State. It can also recommend provision of funds for mitigation and preparedness measures.
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.
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, this act under Section 20, provides guidelines for the establishment of State Executive Committee. The committee will be consist of, Chief Secretary of the State Government (ex officio chairperson) and four Secretaries to the Government of the State of such departments as the State Government may think fit.
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. It also evaluates 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. It promotes 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.
State Plan:- Under Section 23, this act directs to draw up a plan for disaster management for every state to be called the State Plan. The State Plan will 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 representatives as the State Executive Committee may deem fit.
The State Plan will 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 of 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.
District Disaster Management Authority:- Every State Government will establish District Disaster Management Authority at state level under Section 14 of the act. This will be the 8 member body including the chairperson. The Collector/District Magistrate/Deputy Commissioner, as the case may be, of the district will be ex officio Chairperson. The elected representative of the local authority will be the ex officio co-Chairperson. For the Tribal Areas, the Chief Executive Member of the district council of autonomous district, will be the ex officio co-Chairperson. The other members will be the Chief Executive Officer of the District Authority, the Superintendent of Police, the Chief Medical Officer of the district and two other district level officers, to be appointed by the State Government. In any district where zila parishad exists, the Chairperson will be the co-Chairperson of the District Authority. The District Authority may, as and when it considers necessary, constitute one or more advisory committees and other committees for the efficient discharge of its functions. The District Authority will 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. It's function is also to lay down guidelines for prevention of disaster management plans by the department of the Government at the districts level and local authorities in the district.
District Plan:- Under Section 31, this act directs to draw up a plan for disaster management for every districts of State to be called the District Plan. The District Plan will be prepared by the District Authority, after consultation with the local authorities and having regard to the National Plan and the State Plan, to be approved by the State Authority. The District Plan will include: (a) the areas in the district vulnerable to different forms of disasters; (b) the measures to be taken, for prevention and mitigation of disaster, by the Departments of the Government at the district level and local authorities in the district; (c) the capacity-building and preparedness measures required to be taken by the Departments of the Government at the district level and the local authorities in the district to respond to any threatening disaster situation or disaster.
Chapter 5, Section 36 of the Act mentions some of the measures to be taken by Ministries or Departments of Central Government. Some of the key measures mentioned are:-
(f) provide assistance to the National Authority and State Governments for-
(i) drawing up mitigation, preparedness and response plans, capacity building, data collection and identification and training of personnel in relation to disaster management;
(ii) carrying out rescue and relief operations in the affected area;
(iii) assessing the damage from any disaster;
(iv) carrying out rehabilitation and reconstruction;
(g) make available its resources to the National Executive Committee or a State Executive Committee for the purposes of responding promptly and effectively to any threatening disaster situation or disaster, including measures for-
(i) providing emergency communication in a vulnerable or affected area;
(ii) transporting personnel and relief goods to and from the affected area;
(iii) providing evacuation, rescue, temporary shelter or other immediate relief;
(iv) setting up temporary bridges, jetties and landing places;
(v) providing, drinking water, essential provisions, healthcare, and services in an affected area;
Here the definition of "affected area" defined in Section 2(a) is, an area or part of the country affected by a disaster;
Same of the key provisions made for State Government Ministries under Section 39 are:-
(h) make available its resources to the National Executive Committee or the State Executive Committee or the District Authorities for the purposes of responding promptly and effectively to any disaster in the State, including measures for-
(i) providing emergency communication with a vulnerable or affected area;
(ii) transporting personnel and relief goods to and from the affected area;
(iii) providing evacuation, rescue, temporary shelter or other immediate relief;
(iv) carrying out evacuation of persons or live-stock from an area of any threatening disaster situation or disaster;
(v) setting up temporary bridges, jetties and landing places;
(vi) providing drinking water, essential provisions, healthcare and services in an affected area;
(i) such other actions as may be necessary for disaster management.
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plan covering all aspects of disaster management. It will also develop educational materials for disaster management including academic and professional courses.
National Disaster Response Force:- There will be constituted a National Disaster Response Force under Section 44, for the purpose of specialist response to a threatening disaster situation or disaster. The general superintendence, direction and control of the Force will be vested and exercised by the National Authority and the command and supervision of the Force will vest in an officer to be appointed by the Central Government as the Director General of the National Disaster Response Force.
the National Disaster Response Fund under Section 46 for meeting any threatening disaster situation or disaster. The amount in this fund will be credited by: (i) Central Government after due appropriation made by Parliament by law (ii) any grants that may be made by any person or institution for the purpose of disaster management. The National Disaster Response Fund will be made available to the National Executive Committee to be applied towards meeting the expenses for emergency response, relief and rehabilitation in accordance with the guidelines laid down by the Central Government in consultation with the National Authority.
National Disaster Mitigation Fund:- The Central Government under Section 47, may 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. This Fund shall be applied by the National Authority.
State Disaster Management Authority:- Similar to the National Authority, every state will also establish State Disaster Management Authority at state level under Section 14 of the act. This will be the 10 member body including the chairperson, the 8 nominated members by the chairperson and the chairperson of State Executive Committee. Chief Minister will be the ex officio chairperson of the Authority. For Union territories except the UTs having Legislative Assembly, the Lieutenant Governor or the Administrator shall be the Chairperson of that Authority. Like National Authority, the primary responsibility of State Authority will be laying down policies and plans for disaster management in the State. It can also recommend provision of funds for mitigation and preparedness measures.
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.
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, this act under Section 20, provides guidelines for the establishment of State Executive Committee. The committee will be consist of, Chief Secretary of the State Government (ex officio chairperson) and four Secretaries to the Government of the State of such departments as the State Government may think fit.
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. It also evaluates 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. It promotes 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.
State Plan:- Under Section 23, this act directs to draw up a plan for disaster management for every state to be called the State Plan. The State Plan will 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 representatives as the State Executive Committee may deem fit.
The State Plan will 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 of 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.
District Disaster Management Authority:- Every State Government will establish District Disaster Management Authority at state level under Section 14 of the act. This will be the 8 member body including the chairperson. The Collector/District Magistrate/Deputy Commissioner, as the case may be, of the district will be ex officio Chairperson. The elected representative of the local authority will be the ex officio co-Chairperson. For the Tribal Areas, the Chief Executive Member of the district council of autonomous district, will be the ex officio co-Chairperson. The other members will be the Chief Executive Officer of the District Authority, the Superintendent of Police, the Chief Medical Officer of the district and two other district level officers, to be appointed by the State Government. In any district where zila parishad exists, the Chairperson will be the co-Chairperson of the District Authority. The District Authority may, as and when it considers necessary, constitute one or more advisory committees and other committees for the efficient discharge of its functions. The District Authority will 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. It's function is also to lay down guidelines for prevention of disaster management plans by the department of the Government at the districts level and local authorities in the district.
District Plan:- Under Section 31, this act directs to draw up a plan for disaster management for every districts of State to be called the District Plan. The District Plan will be prepared by the District Authority, after consultation with the local authorities and having regard to the National Plan and the State Plan, to be approved by the State Authority. The District Plan will include: (a) the areas in the district vulnerable to different forms of disasters; (b) the measures to be taken, for prevention and mitigation of disaster, by the Departments of the Government at the district level and local authorities in the district; (c) the capacity-building and preparedness measures required to be taken by the Departments of the Government at the district level and the local authorities in the district to respond to any threatening disaster situation or disaster.
Chapter 5, Section 36 of the Act mentions some of the measures to be taken by Ministries or Departments of Central Government. Some of the key measures mentioned are:-
(f) provide assistance to the National Authority and State Governments for-
(i) drawing up mitigation, preparedness and response plans, capacity building, data collection and identification and training of personnel in relation to disaster management;
(ii) carrying out rescue and relief operations in the affected area;
(iii) assessing the damage from any disaster;
(iv) carrying out rehabilitation and reconstruction;
(g) make available its resources to the National Executive Committee or a State Executive Committee for the purposes of responding promptly and effectively to any threatening disaster situation or disaster, including measures for-
(i) providing emergency communication in a vulnerable or affected area;
(ii) transporting personnel and relief goods to and from the affected area;
(iii) providing evacuation, rescue, temporary shelter or other immediate relief;
(iv) setting up temporary bridges, jetties and landing places;
(v) providing, drinking water, essential provisions, healthcare, and services in an affected area;
Here the definition of "affected area" defined in Section 2(a) is, an area or part of the country affected by a disaster;
Same of the key provisions made for State Government Ministries under Section 39 are:-
(h) make available its resources to the National Executive Committee or the State Executive Committee or the District Authorities for the purposes of responding promptly and effectively to any disaster in the State, including measures for-
(i) providing emergency communication with a vulnerable or affected area;
(ii) transporting personnel and relief goods to and from the affected area;
(iii) providing evacuation, rescue, temporary shelter or other immediate relief;
(iv) carrying out evacuation of persons or live-stock from an area of any threatening disaster situation or disaster;
(v) setting up temporary bridges, jetties and landing places;
(vi) providing drinking water, essential provisions, healthcare and services in an affected area;
(i) such other actions as may be necessary for disaster management.
Establishment of funds by State Government.- The State Government should, immediately after notifications issued for constituting the State Authority and the District Authorities, establish for the purposes of this Act the following funds, namely:-
(a) State Disaster Response Fund;
(b) District Disaster Response Fund;
(c) State Disaster Mitigation Fund;
(d) District Disaster Mitigation Fund.
Punishment for false warning:- There is also a provision for imprisonment/fine in case if a person spread false warning regarding the disaster. Section 54 in this regard states,
"Whoever makes or circulates a false alarm or warning as to disaster or its severity or magnitude, leading to panic, shall on conviction, be punishable with imprisonment which may extend to one year or with fine."
Stay tuned for more updates. Feel free to comment.
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