1. THE DISASTER MANAGEMENT ACT - 2005
BY
ANUP SINGH
DEPUTY COMMANDANT
NDRF ACADEMY
NAGPUR
ANUP SINGH
2. The Disaster Management Act, 2005 was
enacted on 26th December, 2005
This will permit the States also to have
their own legislation on disaster management.
ANUP SINGH
3. SALIENT FEAUTURES
• The Act comprises 79 sections and 11 chapters
• Defines Disaster and disaster management in its
new concept
• It provides institutional mechanism for monitoring
and implementation of plans
• Ensures measures by various wings of the
Government for the prevention and mitigation of
disasters
ANUP SINGH
4. SALIENT FEAUTURES
• The State Governments have been advised to amend
their Relief Codes
• The Act provides for a National Disaster
Management Authority (NDMA)
• The State governments shall create State Disaster
Management Authorities and District Disaster
Management Authorities
• There shall be a Disaster Response Fund and
Disaster Mitigation Fund at national, state and
district levels
ANUP SINGH
5. CHAPTERS SECTI
ONS
PARTICULARS
CHAPTER I 01-02 PRELIMINARY
CHAPTER II 03-13 THE NATIONAL DISASTER MANAGEMENT
AUTHORITY
CHAPTER III 14-24 STATE DISASTER MANAGEMENT AUTHORITIES
CHAPTER IV 25-34 DISTRICT DISASTER MANAGEMENT AUTHORITY
CHAPTER V 35-40 MEASURES BY THE GOVERNMENT FOR DISASTER
MANAGEMENT
CHAPTER VI 41 LOCAL AUTHORITIES
CHAPTER VII 42-42 NATIONAL INSTITUTE OF DISASTER
MANAGEMENT
CHAPTER VIII 44-45 NATIONAL DISASTER RESPONSE FORCE
CHAPTER IX 46-50 FINANCE, ACCOUNTS AND AUDIT
CHAPTER X 51-60 OFFENCES AND PENALTIES
CHAPTER XI 61-79 MISCELLANEOUS
ANUP SINGH
6. NATIONAL DISASTER MANAGEMENT AUTHORITY (NDMA)
• National Disaster Management Authority (NDMA) under
the Prime Minister with nine more members for laying
down the policies, plans and guidelines for disaster
management.
• The Authority will be assisted by a National Executive
Committee (NEC) of Secretaries to Central Government.
• The National Authority to recommend guidelines
for the minimum standards of relief.
ANUP SINGH
7. • State Disaster Management Authority (SDMA) to be chaired by
Chief Minister
• One of the members may be designated as the Vice-Chairperson
of the State Authority by the Chief Minister.
• The State Authority may constitute an Advisory Committee of
experts.
• The State Authority shall be responsible for laying down the
policies and plans for disaster management in the State.
• The State Authority shall recommend guidelines for providing
minimum standards of relief.
• The State Authority will be assisted by the State Executive
Committee.
STATE DISASTER MANAGEMENT AUTHORITY (SDMA)
ANUP SINGH
8. DISTRICT DISASTER MANAGEMENT AUTHORITY
(DDMA)
The State Government shall establish a District Disaster Management
Authority (DDMA) in each district.
The Chairperson of District Disaster Management Authority (DDMA) will
be the Collector or District Magistrate or Deputy Commissioner of the
district.
The elected representative of the area is member of the DDMA as an ex
officio co-Chairperson
The District Authority shall act as the district planning, coordinating and
implementing body for disaster management.
ANUP SINGH
9. LOCAL AUTHORITY
• The Local Authority shall ensure training of its officers and
employees and maintenance of resources so as to be
readily available for use in the event of a disaster.
• It shall also ensure that all construction projects under it
conform to the standards and specifications laid down.
• It shall carry out relief, rehabilitation and reconstruction
activities in the affected area within its jurisdiction.
ANUP SINGH
10. NATIONAL DISASTER RESPONSE FORCE
(NDRF)
• The Section 44–45 of the Act provides for
constituting a National Disaster Response
Force "for the purpose of specialist response to a
threatening disaster situation or disaster" under a
Director General to be appointed by the Central
Government.
ANUP SINGH
11. DM ACT FUNDS
• National Disaster Response Fund by Central Government
and grants provided by any person/institution.
• National Disaster Mitigation Fund for mitigation projects.
• The State Government to establish Disaster Response fund
and Disaster Mitigation Fund at State and District Levels.
• Every Ministry/Department of Central and
State Governments to make provision for funds to carry out
activities set out in its disaster management plan.
ANUP SINGH
13. PENAL PROVISIONS (SEC 51-60)
SECTION 51:Punishment for obstruction and/or non- compliance
of the directions given by the Central / State Govt, NEC, SEC,
DDMA:
Up to one year imprisonment or fine or both. If such obstruction
results in loss of lives or imminent danger thereof : imprisonment
may extend to two years.
Punishment for false claim for obtaining relief, assistance etc.
SECTION 52:Two years’ imprisonment with fine.
ANUP SINGH
14. • Punishment for misappropriation of money or
materials
Section 53:Two years’ imprisonment and fine.
• Punishment for false warning
Section 54:One year imprisonment or fine.
• Offences by departments of the government
Section 55:In case of an offence by the govt
department, the head of the department to be
held guilty unless he proves otherwise any other
officer found guilty to be proceeded against and
punished
ANUP SINGH
15. • Refusal to perform any duty by any govt. Officer
Section 56:One year imprisonment or fine.
• Penalty for contravention of any order of
requisitioning
Section 57:One year imprisonment or fine or
both
ANUP SINGH
17. District Disaster Management
Authority
The Chairperson of District Disaster
Management Authority (DDMA) will be the
Collector or District Magistrate or Deputy
Commissioner of the district. The elected
representative of the area is member of the
DDMA as an ex officio co-Chairperson,
(Section 25).
ANUP SINGH
18. National Disaster Response Force
(NDRF)
• The Section 44–45 of the Act provides for
constituting a National Disaster Response
Force "for the purpose of specialist response
to a threatening disaster situation or disaster"
under a Director General to be appointed by
the Central Government.
ANUP SINGH
19. Other Provisions
• Section 42 of the Act calls for establishing
a National Institute of Disaster Management.
Section 46-50, mandates funds for Disaster
Mitigation at various levels.
• The Act provides for civil and criminal
liabilities for those who violate the provision
of the Act.
ANUP SINGH
