Disaster Management Act 2005 - Important Points

The Disaster Management Act is an Act to provide for the effective management of disasters and for matters connected therewith
or incidental thereto. It received the assent of the President on 23 December 2005. It came on Statue Book on the Disaster Management Act,2005 (53 of 2005) on 26 December 2005. You can download the act from NDM website using the download link.

Following are some of the important points about Disaster Management Act in brief.

Background

Disaster Management Bill introduced in Rajya Sabha on 30 May 2005.
The Parliamentary Committee held three sittings and gave its observations.
Meanwhile NDMA came into existence and submitted its views.
Amended DM Bill was produced before the Rajya Sabha in Winter Session of 2005 and both Houses passed the Bill.
It received the assent of the President on 23 December 2005.
It came on Statue Book on the Disaster Management Act,2005 (53 of 2005) on 26 December 2005

Salient Features of DM Act, 2005

Institutional Arrangements at Central, State, District & Local Levels.
- National Disaster Management Authority.
- State Disaster Management Authority.
- District Disaster Management Authority.
- Local Authorities.
National Institute of Disaster Management.
National Disaster Response Force.
Financial Arrangement.
- National Disaster Response Fund.
- National Disaster Mitigation Fund
Offences and Penalties.

Read विश्व पर्यावास दिवस (World Habitat Day in Hindi)

Contents in Chapters of DM Act, 2005

Chapter-I

Short title, extent and commencement
Definition
- Affected area
- Capacity building
- Disaster
- Central Govt./state /district/local authority/NEC/SEC
- Disaster Management
- National Plan/State Plan/District Plan
- Mitigation/ Preparedness/ Reconstruction

Chapter-II

Establishment of NDMA and its Composition.
Lays down the Responsibility and Functions of the National Authority (NA) and powers of Chairperson, NDMA, in Emergency.
Constitution of Advisory Committee.
Constitution and Powers of NEC (National Executive Committee) to assist NDMA. Sub Committees by NEC.
Prepare NDM Plan, broad coverage and Consultation while making Plans. Provision for financing activities under National Plan.
Laying down Minimum Standards of Relief, Relief in Repayment of Loans or for grant of fresh loans on Concessional Terms.

Chapter-III

Establishment of State Disaster Management Authority by the State Govt. and its Composition.
Constitution of Advisory Committee by State Authorities.
Lays down Responsibility and Functions of the State Authorities.
Guidelines by State Authority for Minimum Standards of Relief.
State Executive Committee Constitution, Responsibility and Functions.

Chapter-IV

Establishment of DDMA and its composition.
Can constitute Committees/Sub Committees.
Powers and functions of District Authority.
Preparation of DM Plan for every District.
Each office of GoI and State Govt. at District & local levels to prepare a DM Plan. Regular Review & updating of Plans.
District Authority to give Direction to any Officer or any Department at District level or any Local Authority to take necessary measures for Prevention or Mitigation of a Disaster or to Effectively Respond to it.
Lay down Powers and Functions of District Authority in event of a Disaster.

Chapter-V

Every Ministry to Prepare DM Plan. Aspects to be covered specified.
Annual Review and Updating and Approval of original/ updated Plan by NA.
Provision for financing activities specified in plan. Status report on implementation to NA, when required.
Mandatory for State Govt. to take Measures for DM.
Specified Responsibility of every Deptt of Govt/State for Prevention, Mitigation, Preparedness & Response to Disasters.
Every Department to Prepare DM Plan and Provision for Financing it.

Chapter-VI

Function of Local Authority in regard to DM

Chapter-VII

Constitution of NIDM by Central Govt.
NDMA to lay down Broad Policy for Functioning of NIDM.

Chapter-VIII

General Superintendence, Direction and Control of NDRF under NDMA.
Command & Control of NDRF under DG NDRF

Chapter-IX

Constituting National Disaster Response Fund and National Disaster Mitigation Fund.
Establishment of State/District Disaster Response and Mitigation Funds.
GoI Ministries to make Provision of Funds in its Annual Budget for Carrying out the Activities in its DM Plan. Similar obligation for State Govts.
Emergency procurement during Emergency.

Chapter-X

Obstruction of Functions under the Act, False Claim for Relief, Misappropriation of Funds or Relief Material, Issuance of False Warning, Failure of an Officer to Perform Duty will be Offence with Penalty of two years.
No Court shall take Cognizance of an Offence unless a complaint by NA, State Authority, District or any Authority or Officer authorized., and
Any person who gives 30 days Notice for Alleged Offence and a Complaint to NA, State Authority, Central and State Govt or District Authority

Chapter-XI

Prohibit discrimination in distribution of Compensation and Relief to Victims of Disaster on the Ground of Sex, Caste, Community, Descent or Religion.
Immunity to Persons for Actions Taken in Good Faith.
Central Government Empowered to Make Rules and Regulations.
Powers to Remove difficulties in giving effect to Provisions of this Act.
Making are amending rules etc.
Powers to issue direction by central government
Powers to be made available for rescue operations.
Power of requisition of resources, provision, vehicles
Payment of compensation
Direction to media for communication of warning
Authentication of orders
Delegation of powers
Bar of Jurisdictions of court (except SC, HC)
Act to have overriding effect
Immunity for legal process
Power to make regulation NIDM
Rules and regulation to be laid before parliament
Powers to state government to make rules

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