Chapter-20: DISaSter MaNaGeMeNt

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Points to be covered in this topic

➡ 20.1 INTRODUCTION
➡ 20.2 OBJECTIVES
➡ 20.3 DEFINITIONS
➡ 20.4 GOVERNING BODIES AND FUNDS
➡ 20.5 OFFENCES AND PENALTIES

20.1 INTRODUCTION
• The Disaster Management Act of 2005 (DMA 2005) is an Act passed by the
Government of India for the efficient management of disasters and other matters
connected to it.
• It received the assent of the President of India on 23 December 2005.
• This Act came into the news with the onset of COVID-19, followed by lockdown
across India. The lockdown was imposed under the Disaster Management Act
2005.
• The Act designates the Ministry of Home Affairs as the nodal ministry
responsible for looking after the overall national disaster management in the
country.

20.2 OBJECTIVES
• To manage disasters, including preparation of mitigation strategies, and capacity-
building.
• To provide for the effective management of disasters and for matters connected
therewith or incidental thereto.
• To provide the people who are affected with disasters, their life back and helping
them.

20.3 DEFINITIONS
1. Central Government: It means the Ministry or Department of the Government of
India having administrative control of disaster management.
2. Disaster: It means a catastrophe, mishap, calamity or grave occurrence in any
area, arising from natural or manmade 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.
3. State Government: It means the Department of Government of the State having
administrative control of disaster management and includes Administrator of the
Union Territory appointed by the President.
4. Mitigation: It means measures aimed at reducing the risk, impact or effects of a
disaster or threatening disaster situation.
5. District Authority: It means the District Disaster Management Authority.
6. Disaster Management: It 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.
7. Local Authority: It includes Panchayati Raj institutions, municipalities, a district
board, cantonment board, town planning authority or Zila Parishad or any other
body or authority, by whatever name called, for the time being invested by law, for
rendering essential services or, with the control and management of civic services,
within a specified local area.
8. National Executive Committee: It means the Executive Committee of the
National Authority.

20.4 GOVERNING BODIES AND FUNDS

1. National Disaster Management Authority
• Central Government may, by notification in the Official Gazette appoint in this
behalf, there shall be established for the purposes of this Act, an authority to be
known as the National Disaster Management Authority.
• The National Authority shall consist of the Chairperson and such number of other
members, not exceeding nine, as may be prescribed by the Central Government.
• National Authority shall consist of the following:
a. The Prime Minister of India, who shall be the Chairperson of the National
Authority, ex officio.
b. Other members, not exceeding nine, to be nominated by the Chairperson of the
National Authority.
• The Chairperson of the National Authority may designate one of the members
nominated under the Vice-Chairperson of the National Authority.
• The term of office and conditions of service of members of the National
Authority.
2. National Executive Committee
• The Central Government shall constitute a National Executive Committee to assist
the National Authority.
• The National Executive Committee shall consist of the following members,
namely:
a. Secretary to the Government of India in charge of the Ministry or Department of
the Central Government having administrative control of the disaster management,
who shall be Chairperson, ex officio.
b. 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, ex officio.
c. The Chairperson of the National Executive Committee may invite any other
officer of the Central Government or a State Government for taking part in any
meeting of the National Executive Committee and shall exercise such powers and
perform such functions as may be prescribed by the Central Government in
consultation with the National Authority.
d. The procedure to be followed by the National Executive Committee in exercise
of its powers and discharge of its functions shall be such as may be prescribed by
the Central Government.
3. National Institute of Disaster Management
• Central Government may constitute an institute to be called the National Institute
of Disaster Management.
• The National Institute of Disaster Management shall consist of such number of
members as may be prescribed by the Central Government.
• There shall be a governing body of the National Institute of Disaster Management
which shall be constituted by the Central Government from amongst the members
of the National Institute of Disaster Management in such manner as may be
prescribed.
4. National Disaster Response Force
• There shall be constituted a National Disaster Response Force for the purpose of
specialist response to a threatening disaster situation or disaster.
5. National Disaster Response Fund
• Central Government constitute a fund to be called the National Disaster Response
Fund for meeting any threatening disaster situation or disaster and there shall be
credited thereto:
a. An amount which the Central Government may, after due appropriation made by
Parliament by law.
b. Any grants that may be made by any person or institution for the purpose of
disaster management.
• National Disaster Response Fund shall 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.
6. National Disaster Mitigation Fund
• Central Government 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.
• The National Disaster Mitigation Fund shall be applied by the National Authority.
7. District Disaster Management Authority
• State Government establish a District Disaster Management
Authority for every district in the State.
• The District Authority shall consist of the Chairperson and such number of other
members, not exceeding seven, as may be prescribed by the State Government, and
unless the rules otherwise provide, it shall consist of the following, namely:
a. Collector or District Magistrate or Deputy Commissioner of the district who shall
be Chairperson, ex officio.
b. Elected representative of the local authority who shall be the co-Chairperson, ex
officio.
c. Chief Executive Officer of the District Authority, ex officio.
d. Superintendent of Police, ex officio.
e. Chief Medical Officer of the district, ex officio.
f. Not exceeding two other district level officers, to be appointed by the State
Government.
• In any district where Zila Parishad exists, the Chairperson thereof shall be the co-
Chairperson of the District Authority.
• The State Government shall appoint an officer not below the rank of Additional
Collector or Additional District Magistrate or Additional Deputy Commissioner.
20.5 OFFENCES AND PENALTIES
1. Punishment for obstruction, etc.: shall on conviction be punishable with
imprisonment for a term which may extend to one year or with fine, or with
both.
2. Punishment for false claim: punishable with imprisonment for a term which
may extend to two years, and also with fine.
3. Punishment for misappropriation of money or materials, etc.: punishable
with imprisonment for a term which may extend to two years, and also with
fine.
4. Punishment for false warning: punishable with imprisonment which may
extend to one year or with fine.
5. Failure of officer in duty or his connivance at the contravention of the
provisions of this Act: punishable with imprisonment for a term which may
extend to one year or with fine.
6. Penalty for contravention of any order regarding requisitioning: punishable
with imprisonment for a term which may extend to one year or with fine or
with both.