Disaster Management Act 2005

What does it provide for?

Authoritative definition of disaster and disaster management Multilateral institutional structure for disaster management in the

country.

National State District Local authorities ( Panchayats & Municipalities)

Mandatory disaster management plans for all government

department and ministries. Enumeration of powers and functions of various authorities in the Act Mechanism of coordination and cooperation between the authorities of the Act

What does it provide for?

Measures to be adopted by various government

departments and ministries for disaster management. Power to requisition resources and services of non government agencies Provision for establishment of National Institute of Disaster Management for planning and promoting training and research in the areas of disaster management, documentation and development of national level information base relating to disaster management policies, prevention mechanisms and mitigation measures.

What does it provide for?

Provision for raising and maintenance and of force

titled National Disaster Response Force for the purpose of specialist response to a threatening disaster situation or disaster. Committed Finance measures for disaster management. Offences for acts which may be prejudicial to measures adopted for disaster management. Wide powers to central government and the state governments in their respective constituencies to manage disasters.

Objective of the Act

An Act to provide for the effective

management of disasters and for matters connected therewith or incidental thereto.

What is disaster?

What is disaster management

National Disaster Management Authority Chapter II Sections 3 to 13

Constituted by the Central government as per

section 3 of the Act. Consists of the Chairperson and not more than 9 members. The Prime Minister of India is the ex-officio Chairperson. Powers and functions :

Subject to the provisions of the Act, NDMA shall have the responsibility for laying down the policies, plans and guidelines for disaster management for ensuring timely and effective response to disaster.

Functions of NDMA
Specific functions may include, Lay down policies on disaster management Approve the national plan Approve the plans prepared by the ministries or departments of the GoI Lay down guidelines for the state authorities Lay down guidelines for the ministries and departments of the GoI for purpose of integrating the measures for prevention of disaster or the mitigation of its effects in their development plans and projects.

Functions of NDMA
Coordinate the enforcement and

implementation of the policy and plan for disaster management Recommend provision of funds for the purposes of mitigation Provide such support to other countries affected by major disasters as may be determined by the Central Government

Functions of NDMA
Take such other measures for the prevention

of disaster, or the mitigation, or preparedness and capacity building for dealing with the threatening disaster situation or disaster as it may consider necessary Lay down broad policies and guidelines for the functioning of the National Institute of Disaster Management

National Executive Committee Chapter II Sections 8 to 11

Constituted by Central Government to assist the NDMA in

performance of its functions. Ex officio Chairperson

Secretary, (Ministry or the Department of the Central Government having administrative control of the disaster management), Government of India

Ex officio Members Secretary Agriculture, Atomic Energy, Defence, Drinking Water Supply, Environment & Forests, Finance ( Expenditure), Health, Power, Rural Development, Science & Technology, Space, Telecommunication, Urban Development, Water Resources Chief of the Integrated Defence Staff of the Chiefs of Staff Committee Such other invitee as the Chairperson of the National Executive Committee may invite to take part in any meeting.

National Executive Committee Chapter II Sections 8 to 11

Powers and Functions

Assist the NDMA 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 purposes of disaster management in the country.

National Executive Committee Chapter II Sections 8 to 11

Functions may include

Coordinating and monitoring body for DM Preparation of National Plan Coordinate and monitor implementation of national plan Lay down guidelines for preparing disaster management plans by M, D (GoI) & SDMAs Technical support to SDMAs Monitor implementation of Disaster Management plans Monitor implementation of guidelines laid down by NDMA for integrating measures for prevention and mitigation in development plans and projects Evaluate the preparedness at all government levels for the purpose of any threatening disaster situation or disaster

National Executive Committee Chapter II Sections 8 to 11

Plan and coordinate specialised training programme for disaster

management Coordinate response in the event of any threatening disaster situation Lay down guidelines for, or give directions to the concerned M &D (GoI), State Governments & SDMAs Requisition men and material support from any department or agency of the Government for NDMA & SDMAs Advice, assist and coordinate the activities of various actors in disaster management Extend technical assistance to SDMAs & DDMAs Promote general education, awareness in relation to Disaster Management Perform such other functions as the NDMA may require it to perform.

Institutional Framework for Disaster Management in the Country.

NIDM

General NDRF Superintendence, Direction & control

Command & supervision with DG appointed by CG

NDMA
Lay down policies, plans, guidelines & ensure effective response to disaster
Assist NDMA Implement & Ensure compliance

Central Government Guidelines, its Ministriestechnical assistance N E C Monitoring Coordination and evaluation departments

Guidelines, technical assistance Monitoring Coordination evaluation

S D M As

State Governments and its Departments & ministries

Other Actors in DM

National Plan
Must be a plan for disaster management for the

whole of the country Plan to be prepared by NEC having regard to National Policy and in consultation with the state governments and expert bodies and organisations in the field of DM Plan is to approved by the NDMA and is to be reviewed and updated annually Central Government required to make provisions for financing the measures to be undertaken in the plan

Functional Components of National Plan

It includes

Measures to be taken for the prevention of disasters, or the mitigation of their effects Measures to be taken for integration of mitigation measures in the development plans Measures to be taken for preparedness and capacity building to effectively respond to any threatening disaster situations or disasters The role and responsibilities of different ministries and departments of the GoI.

Minimum standards of relief Section 12

Minimum standards of relief for persons affected by

disaster shall be recommended by NDMA and would include,

The minimum requirements to be provided in the relief camps in relation to shelter, food, drinking water, medical cover and sanitation Ex gratia assistance on account of loss of lfe as also assistance on account of damage to houses and for restoration of means of livelihood Such other relief as may be necessary

The standards provided by SDMA should not be less

than that of NDMA.

Measures by the Central Government chapter 5 Sections 35-37

Subject to the provisions of this Act, Central Government

shall take all such measures as it deems necessary or expedient for the purpose of disaster management Coordination of efforts of various government and non-government organisations Ensure the integration of measures for prevention & mitigation of disasters into development plans and projects of GoI Ensure appropriate allocation of funds Ensure M&D (GoI) take measures for preparedness and response to any threatening disaster situation or disaster

Measures by the Central Government chapter 5 Sections 35-37

Cooperation and assistance to state governments Deployment of naval, military and air force for the purposes of this Act Coordination with international agencies and foreign governments Establish institutions of research, training and developmental programme in disaster management Such other matter as may be expedient for effective implementation of this Act.

National Disaster Response Force Chapter VIII Ss. 44 & 45

To provide specialist response to a

threatening disaster situation or disaster General superintendence, direction and control of the force shall be vested in and exercised by the NDMA, and the command and supervision shall vest in an officer appointed by Central Government

National Disaster Response Fund Chapter IX Section 46

To be constituted by the Central Government

for meeting any threatening disaster situation or disaster It shall be made available to the NEC to be applied towards meeting the expenses for emergency response, relief and rehabilitation in accordance with guidelines laid down the Central Government in consultation with NDMA

National Disaster Mitigation Fund Chapter IX Section 47

Constituted by Central government

Exclusively for the purposes of projects

relating to mitigation To be applied by NDMA

Allocation of Funds by M&D (GoI) Chapter IX Scetion 49

To carry out its programmes set out in its DM

Plan, every ministries and departments of Government of India must make provisions in its annual budget. The provision applies mutatis mutandis to the departments of the state governments.

Punishments & Offences Chapter X

Section 51

Punishment for obstruction in discharge of functions under this Act Refusal to comply with the directions of authorities under the Act Punishment for false claims of relief, assistance etc. consequent to a disaster Punishments for misappropriation of money or material meant for disaster management etc. Punishment for false alarm or warning as to disaster leading to panic Offence committed by any department of the government Refusal to perform or withdrawal from the duty assigned under the Act by an officer

Section 52

Section 53

Section 54

Section 55 Section 56

Section 57
Punishment for contravention of any order regarding requisitioning u/s 65.

Section 61
Prohibition on the grounds of sex, caste,

community, descent or religion in providing relief /compensation to the victims of disaster