LexThe Disaster Management Act, 2005
Rajasthan · state statute
Open in Lexace · Ask the AI about this act1 The Disaster Management Act, 2005 (Act No. 53 of 2005) (As on the 26th December, 2025) 2 AMENDING ACTS 1. The Disaster Management (Amendment) Act, 2025 (10 of 2025). 2. The Repealing and Amending Act, 2025 (37 of 2025). _______ LIST OF ABBREVIATIONS USED Cl., cls. . . . . . for Clause, clauses. Ins. . . . . . ,, Inserted. Notifn. . . . . . ,, Notification. S., ss. . . . . . ,, Section, sections. Sch. . . . . . ,, Schedule. Subs. . . . . . ,, Substituted. w.e.f. . . . . . ,, with effect from. 3 THE DISASTER MANAGEMENT ACT, 2005 ____________ ARRANGEMENT OF SECTIONS ____________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. CHAPTER II THE NATIONAL DISASTER MANAGEMENT AUTHORITY 3. Establishment of National Disaster Management Authority. 4. Meetings of National Authority. 5. Appointment of officers and other employees of National Authority. 6. Powers and functions of National Authority. 7. Constitution of advisory committee by National Authority. 8. Constitution of National Executive Committee. 8A. National Crisis Management Committee. 8B. High Level Committee. 9. Constitution of sub-committees. 10. Powers and functions of National Executive Committee. 11. National plan. 12. [Omitted.]. 13. [Omitted.]. CHAPTER III STATE DISASTER MANAGEMENT AUTHORITY 14. Establishment of State Disaster Management Authority. 15. Meetings of the State Authority. 16. Appointment of officers and other employees of State Authority. 17. Constitution of advisory committee by the State Authority. 18. Powers and functions of State Authority. 19. [Omitted.]. 20. Constitution of State Executive Committee. 21. Constitution of sub-committees by State Executive Committee. 22. Functions of the State Executive Committee. 23. State Plan. 24. Powers and functions of State Executive Committee in the event of threatening disaster situation. CHAPTER IV DISTRICT DISASTER MANAGEMENT AUTHORITY 25. Constitution of District Disaster Management Authority. 26. Powers of Chairperson of District Authority. 4 SECTIONS 27. Meetings. 28. Constitution of advisory committees and other committees. 29. Appointment of officers and other employees of District Authority. 30. Powers and functions of District Authority. 31. District Plan. 32. Plans by different authorities at district level and their implementation. 33. Requisition by the District Authority. 34. Powers and functions of District Authority in the event of any threatening disaster situation or disaster. CHAPTER V MEASURES BY THE GOVERNMENT FOR DISASTER MANAGEMENT 35. Central Government to take measures. 36. Responsibilities of Ministries or Departments of Government of India. 37. Disaster management plans of Ministries or Departments of Government of India. 38. State Government to take measures. 39. Responsibilities of departments of the State Government. 40. Disaster management plan of departments of State. CHAPTER VI LOCAL AUTHORITIES 41. Functions of the local authority. 41A. Urban Disaster Management Authority. CHAPTER VII NATIONAL INSTITUTEOF DISASTER MANAGEMENT 42. National Institute of Disaster Management. 43. Officers, employees, experts and consultants of the National Institute. CHAPTER VIII DISASTER RESPONSE FORCE 44. National Disaster Response Force. 44A. State Disaster Response Force. 45. Control, direction, etc. CHAPTER IX FINANCE, ACCOUNTS AND AUDIT 46. National Disaster Response Fund. 47. National Disaster Mitigation Fund. 48. Establishment of funds by State Government. 49. Allocation of funds by Ministries and Departments. 50. Emergency procurement and accounting. 5 CHAPTER X OFFENCES AND PENALTIES SECTIONS 51. Punishment for obstruction, etc. 52. Punishment for false claim. 53. Punishment for misappropriation of money or materials, etc. 54. Punishment for false warning. 55. Offences by Departments of the Government. 56. Failure of officer in duty or his connivance at the contravention of the provisions of this Act. 57. Penalty for contravention of any order regarding requisitioning. 58. Offence by companies. 59. Previous sanction for prosecution. 60. Cognizance of offences. 60A. Power of Central Government or State Government to take action in relation to nature of hazard and punishment for its contravention. CHAPTER XI MISCELLANEOUS 61. Prohibition against discrimination. 62. Power to issue direction by Central Government. 63. Powers to be made available for rescue operations. 64. Making or amending rules, etc., in certain circumstances. 65. Power of requisition of resources, provisions, vehicles, etc., for rescue operations, etc. 66. Payment of compensation. 67. Direction to media for communication of warnings, etc. 68. Authentication of orders of decisions. 69. Delegation of powers. 70. Annual report. 71. Bar of jurisdiction of court. 72. Act to have overriding effect. 73. Action taken in good faith. 74. Immunity from legal process. 75. Power of Central Government to make rules. 76. Power to make regulations. 76A. Power of National Authority to make regulations. 77. Rules and regulations to be laid before Parliament. 78. Power of State Government to make rules. 79. Power to remove difficulties. 6 THE DISASTER MANAGEMENT ACT, 2005 ACT NO. 53 OF 2005 [23rd December, 2005.] An Act to provide for the effective management of disasters and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Fifty-sixth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY 1. Short title, extent and commencement .—(1) This Act may be called the Disaster Management Act, 2005. (2) It extends to the whole of India. (3) It shall come into force on such date 1 as the Central Government may, by notification in the Official Gazette appoint; and different dates may be appointed for different provisions of this Act and for different States, and any reference to commencement in any provision of this Act in relation to any State shall be construed as a reference to the commencement of that provision in that State. 2. Definitions.—In this Act, unless the context otherwise requires,— (a) “affected area” means an area or part of the country affected by a disaster; (b) “capacity-building” includes— (i) identification of existing resources and resources to be acquired or created; (ii) acquiring or creating resources identified under sub-clause (i); (iii) o rganisation and training of personnel and coordination of such training for effective management of disasters; (c) “Central Government” means the Ministry or Department of the Government of India having administrative control of disaster management; (d) “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, an d 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; 2[Explanation.—For the removal of doubts, it is hereby clarified that the expression “man made causes” does not include any law and order related matter or situation, or any situation arising from a law and order related matter or situation;] 2[(da) "disaster database" means a database which includes disaster assessment, fund allocation detail, expenditure, preparedness and mitigation plan, risk register according to type and severity of risk and such other relevant matters, in accordance with such policy, as may be determined by the Central Government;] 1. 28th July, 2006 (ss. 2, 3, 4, 5, 6, 8, 10, 75, 77, 79), vide notification No. S.O. 1216(E), dated 28th July, 2006; 1st August, 2007 [ss. 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 38, 39, 40, 41, 4 8, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, sub -sec. (2) of s. 70, 71, 72, 73, 74, 78, 79], vide notification No. S.O. 722(E), dated 7th May, 2007; 17th March, 2008 (ss. 44, 45), vide notification No. 517(E), dated 17th March, 2008; 18th October, 2011 (s. 46), vide notification No. S.O. 239 7(E), dated 18th October, 2011, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 5th February, 2021, sub -sec. (1) of s. 47, vide notification No. S.O. 564(E), dated 5th February, 2021, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 2. Ins. by Act 10 of 2025, s. 2 (w.e.f. 9-4-2025). 7 (e) “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) 1[rehabilitation, recovery and reconstruction]; 2[Explanation.—For the purposes of this clause, the expression "disaster management" is inclusive of "disaster risk reduction", that is, the practice of reducing disaster risk through systematic effort to analyse and manage the causal facts of disaster through— (i) reduced exposure to hazard; (ii) reduced vulnerability of people, property, infrastructure, economic activity, environmental and natural resource; and (iii) improved preparedness, resilience and capacity to manage and respond to adverse event;] 2[(ea) “disaster risk” means the potential loss of life, injury, destroyed or damaged property, infrastructure and assets, economic and social disruption and environmental degradation, which could occur to a system, society or a community in a specific period of time, determined probabilistically as a function of hazard, exposure, vulnerability and capacity. Explanation.––For the purposes of this Act, the expression “infrastructure” refers to physical structures, facilities, networks, systems and assets, which provide services that are essential to the social, ecological and economic functioning of a community or society;] (f) “District Authority” means the District Disaster Management Authority constituted under sub- section (1) of section 25; (g) “District Plan” means the plan for disaster management for the district prepared under section 31; 2[(ga) “evacuation” means moving people or assets temporarily to safer places before, during or after the occurrence of a hazardous event; (gb) “exposure” means the situation of people, buildings, infrastructure, production capacities and other tangible human assets, the environment and natural resources located in hazard-prone areas. Explanation.––For the purposes of this clause, the expression “hazard -prone areas” means those locations where different hazards are known to have occurred or likely to occur; (gc) “hazard” means a process or phenomenon relating to a disaster that may cause— (a) loss of life; (b) injury or other health impacts; (c) damage to property, buildings and infrastructure; (d) social and economic disruption; or (e) environmental degradation; 1. Subs. by Act 10 of 2025, s. 2, for “rehabilitation and reconstruction” (w.e.f. 9-4-2025). 2. Ins. by s. 2, ibid. (w.e.f. 9-4-2025). 8 (gd) “High Level Committee” means the Committee constituted under section 8B;] (h) “local authority ” includes panchayati raj institutions, municipalities, a district board, cantonment board, town planning authority or Zila Parishad 1[or Autonomous District Council] 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; (i) “mitigation” means measures aimed at reducing the risk, impact or effects of a disaster or threatening disaster situation 1[including the provisioning of disaster-resilient infrastructure]; (j) “National Authority” means the National Disaster Management Authority established under sub-section (1) of section 3; 1[(ja) “National Crisis Management Committee ” means the Committee constituted under section 8A;] (k) “National Executive Committee ” means the Executive Committee of the National Authority constituted under sub-section (1) of section 8; (l) “National Plan” means the plan for disaster management for the whole of the country prepared under section 11; 1[(la) “National Policy” means a statement of guiding principles, and broad course of actions adopted by the Government at the national and state level in pursuit of,–– (a) national objectives of reducing disaster risk and loss; (b) improving preparedness; and (c) ensuring resilient recovery from disaster;] 2[(m) “preparedness” means the knowledge and capacity of Government, response and recovery organisation, community and individual to anticipate, respond to and recover from threatening disaster situation or disaster;] (n) “prescribed” means prescribed by rules made under this Act; 1[(na) “prevention” means activity and measure to avoid potential adverse impact of disaster;] 3[(o) “reconstruction” means rebuilding and restoration of infrastructure, service, building and facility required for the functioning of a community affected by a disaster; (oa) “recovery” means the restoration or improvement of economic, physical, social, cultural and environmental assets, system and activity, of a disaster-affected community; (ob) “rehabilitation” means the restoration of basic service, facility and capacity for the functioning of a disaster-affected community; (oc) “resilience” means the ability of a system, community or society exposed to hazards to resist, absorb, respond to and recover from the effects of a hazard in a timely and efficient manner and the expression “resilient” shall be construed accordingly;] (p) “resources” includes manpower, services, materials and provisions; 1[(pa) “response” means the action taken directly before, during or after a disaster in order to save lives, reduce injury and health impact, ensure public safety and meet the basic subsistence needs of the people affected;] (q) “State Authority ” means the State Disaster Management Authority established under sub - section ( 1) of section 14 and includes the Disaster Management Authority for the Union territory constituted under that section; 1. Ins. by Act 10 of 2025, s. 2 (w.e.f. 9-4-2025). 2. Subs. by s. 2, ibid., for clause (m) (w.e.f. 9-4-2025). 3. Subs. by s. 2, ibid., for clause (o) (w.e.f. 9-4-2025). 9 (r) “State Executive Committee” means the Executive Committee of a State Authority constituted under sub-section (1) of section 20; (s) “State Government” 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 under article 239 of the Constitution; (t) “State Plan” means the plan for disaster management for the whole of the State prepared under section 23. 1[(u) “Urban Authority” means the Urban Disaster Management Authority constituted under sub-section (1) of section 41A; (v) “Urban Plan” means the plan for disaster management, prepared by the Urban Authority under sub-section (4) of section 41A; (w) “vulnerability” means the conditions determined by physical, social, economic and environmental factor or process which increase the susceptibility of an individual, a community, asset, infrastructure or system to the impact of hazard.] CHAPTER II THE NATIONAL DISASTER MANAGEMENT AUTHORITY 3. Establishment of National Disaster Management Authority.—(1) With effect from such date as the 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. (2) 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 and, unless the rules otherwise provide, the National Authority shall consist of the following:— (a) t he Prime Minister of India, who shall be the Chairperson of the National Authority, ex officio; (b) o ther members, not exceeding nine, to be nominated by the Chairperson of the National Authority. (3) The Chairperson of the National Authority may designate one of the members nominated under clause (b) of sub-section (2) to be the Vice-Chairperson of the National Authority. 2[(3A) The day -to-day functions of the National Authority shall be performed by the Vice - Chairperson and in the absence of the Vice -Chairperson, by a member designated by the Chairperson or, as the case may be, the Vice-Chairperson, of the National Authority.] (4) The term of office and conditions of service of members of the National Authority shall be such as may be prescribed. 4. Meetings of National Authority .—(1) The National Authority shall meet as and when necessary and at such time and place as the Chairperson of the National Authority may think fit. (2) The Chairperson of the National Authority shall preside over the meetings of the National Authority. (3) If for any reason the Chairperson of the National Authority is unable to attend any meeting of the National Authority, the Vice-Chairperson of the National Authority shall preside over the meeting. 3[5. Appointment of officers and other employees of National Authority .—(1) The National Authority may, with the previous approval of the Central Government, specify the number, nature and category of officers and other employees, as is necessary to carry out its functions. 1. Ins. by Act 10 of 2025, s. 2 (w.e.f. 9-4-2025). 2. Ins. by s. 3, ibid. (w.e.f. 9-4-2025). 3. Subs. by s. 4, ibid., for section 5 (w.e.f. 9-4-2025). 10 (2) The National Authority may also appoint experts and consultants as necessary to perform its functions. (3) The salaries and allowances payable to, and other terms and conditions of service of officers, other employees, experts and consultants of the National Authority, shall be such as may be prescribed by the Central Government.] 6. Powers and functions of National Authority. —(1) Subject to the provisions of this Act, the National Authority shall have the responsibility for laying down the policies, plans and guidelines for disaster management for ensuring timely and effective response to disaster. (2) Without prejudice to generality of the provisions contained in sub -section ( 1), the National Authority may— (a) lay down policies on disaster management; 1[(b) coordinate the preparation and approval of the National Plan;] (c) a pprove plans prepared by the Ministries or Departments of the Government of India in accordance with the National Plan; (d) lay down guidelines to be followed by the State Authorities in drawing up the State Plan; (e) l ay down guidelines to be followed by the different Ministries or Departments of the Government of India for the purpose of integrating the measures for prevention of disaster or the mitigation of its effects in their development plans and projects; (f) c oordinate the enforcement and implementation of the policy and plan for disaster management; (g) recommend provision of funds for the purpose of mitigation; (h) provide such support to other countries affected by major disasters as may be determined by the Central Government; (i) take such other measures 2[which includes providing technical guidance to State Government and State Authorities] 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; (j) lay down broad policies and guidelines for the functioning of the National Institute of Disaster Management. 2[(k) coordinate and monitor the implementation of the National Policy; (l) lay down guidelines for preparing disaster management plan by different Ministries or Departments of the Central Government and the State Authorities; (m) provide necessary technical guidance to the State Governments and the State Authorities for preparing their disaster management plans in accordance with the guidelines laid down by it; (n) provide necessary advice and technical guidance to different Ministries or Departments and agencies of the Government of India, and the State Governments regarding mitigation, preparedness, and recovery and reconstruction measures; (o) take stock of the entire range of disaster risks in the country periodically, including emerging disaster risks, and issue updated guidance for their mitigation. Explanation.––For the purposes of this clause, it is hereby clarified that the expression “emerging disaster risks” refer to risks of those disasters that may not have taken place, but may occur in future due to extreme climate events and other factors as may be determined by the National Authority; (p) plan and coordinate specialised training programmes for disaster management for different levels of officers, employees and voluntary rescue workers; 1. Subs. by Act 10 of 2025, s. 5, for clause (b) (w.e.f. 9-4-2025). 2. Ins. by s. 5, ibid. (w.e.f. 9-4-2025). 11 (q) provide necessary technical guidance or give advice to the State Authorities, District Authorities and Urban Authorities for carrying out their functions under this Act; (r) promote general education and awareness in relation to disaster management; (s) monitor the implementation of the guidelines laid down by the National Authority for integrating disaster prevention and mitigation measures in the development plans and projects of Ministries or Departments of the Government of India; (t) undertake disaster preparedness assessment of each State periodically, in line with the National Plan and the guidelines laid down by it; (u) undertake in the aftermath of severe disaster in any State, post disaster audit of preparedness and response activities of the State; (v) create a national disaster database in accordance with such policy as may be determined by the Central Government; (w) recommend guidelines for the minimum standards of relief to be provided to persons affected by disaster, which may include,— (i) the minimum requirements to be provided in the relief camps in relation to shelter, food, drinking water, medical cover and sanitation; (ii) the special provision to be made for widows and orphans; (iii) 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; and (iv) such other reliefs as the National Authority may deem appropriate.] (3) The Chairperson of the National Authority shall, in the case of emergency, have power to exercise all or any of the powers of the National Authority but exercise of such powers shall be subject to ex post facto ratification by the National Authority. 7. Constitution of advisory committee by National Authority. —(1) 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. (2) The members of the advisory committee shall be paid such allowances as may be prescribed by the Central Government in consultation with the National Authority. 8. Constitution of National Executive Committee. —(1) The Central Government shall, immediately after issue of notification under sub -section (1) of section 3, constitute a National Executive Committee to assist the National Authority in the performance of its functions under this Act. (2) The National Executive Committee shall consist of the following members, namely:— (a) 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, who shall be Chairperson, ex officio; (b) 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, ex officio. (3) 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. (4) 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. 12 1[8A. National Crisis Management Committee. —(1) The National Crisis Management Committee constituted by the Government of India prior to the commencement of the Disaster Management (Amendment) Act, 2025, shall be the National Crisis Management Committee for the purposes of this Act and act as the nodal body to deal with the major disasters which have serious or national ramifications. (2) The National Crisis Management Committee referred to in sub -section ( 1) shall consist of the Cabinet Secretary as Chairperson and such other members as may be notified by the Central Government. (3) The Chairperson of the National Crisis Management Committee may invite any other officer of the Central Government or a State Government for taking part in any meeting of such Committee and shall exercise such powers and perform such functions as the Central Government may determine. (4) The procedure to be followed by the National Crisis Management Committee, in exercise of its powers and discharge of its functions, shall be such as may be prescribed by the Central Government. 8B. High Level Committee. —(1) The High Level Committee constituted by the Government of India prior to the commencement of the Disaster Management (Amendment) Act, 2025, shall be the High Level Committee for the purposes of this Act which shall provide the financial assistance as envisaged under section 46 to the State Governments in the event of a disaster and approve the financial assistance for mitigation needs under section 47. (2) The High Level Committee referred to in sub-section (1) shall consist of the Minister in-charge of the Ministry or Department of the Central Government having administrative control over the disaster management as the Chairperson and such other members as may be notified by the Central Government.] 9. Constitution of sub -committees.—(1) The National Executive Committee may, as and when it considers necessary, constitute one or more sub-committees, for the efficient discharge of its functions. (2) The National Executive Committee shall, from amongst its members, appoint the Chairperson of the sub-committee referred to in sub-section (1). (3) Any person associated as an expert with any sub -committee may be paid such allowances as may be prescribed by the Central Government. 10. Powers and functions of National Executive Committee .—(1) The National Executive Committee shall 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. 2[(2) Without prejudice to the generality of the provisions contained in sub -section (1), the National Executive Committee may,— (a) act as the coordinating body for disaster management; (b) monitor the implementation of the National Plan and the plans prepared by the Ministries or Departments of the Government of India; (c) monitor, coordinate and give directions regarding the mitigation and preparedness measures to be taken by different Ministries or Departments and agencies of the Government of India; (d) evaluate the preparedness at all governmental levels for the purpose of responding to any threatening disaster situation or disaster and provide necessary advice, where necessary, for enhancing such preparedness; (e) coordinate response in the event of any threatening disaster situation or disaster; (f) lay down guidelines, or give directions to, Ministries or Departments of the Government of India, the State Governments and the State Authorities concerned regarding measures to be taken by them in response to any threatening disaster situation or disaster; 1. Ins. by Act 10 of 2025, s. 6 (w.e.f. 9-4-2025). 2. Subs. by s. 7, ibid., for sub-section (2) (w.e.f. 9-4-2025). 13 (g) require any Ministry or Department or agency of the Government to make available to the Central Government or State Government such men or material resources as are available with it for the purposes of emergency response, rescue and relief; (h) advise, assist and coordinate the activities of the Ministries or Departments of the Government of India, State Governments, statutory bodies, other governmental or non-governmental organisations and others engaged in disaster management; (i) in the event of a disaster or a threatening disaster situation affecting more than one State, issue directions for:— (i) coordination between the States concerned; (ii) containment measures as deemed necessary; (iii) monitoring and forecasting the effects of the disaster across multiple States; (iv) deployment of specialised teams, material resources and equipment; (v) requisitioning of necessary resources and technical capacities from public and private entities and their deployment towards reducing the impact of the disaster; (vi) adequate public awareness measures; and (vii) coordination of support to individuals and communities affected by containment measures; and (j) perform such other functions as it may deem appropriate. Explanation.—For the purposes of this section, it is hereby clarified that the expression “containment measures ” means the actions and strategies adopted at the individual, community, district, State, multi -State or national levels aimed at controlling or slowing the spread of a disaster from its initial focal area.] 11. National Plan.—(1) There shall be drawn up a plan for disaster management for the whole of the country to be called the National Plan. 1[(2) The National Authority shall coordinate, in consultation with the Central Government and the State Governments and other stakeholders in the field of disaster management, for preparation and approval of the National Plan having regard to the National Policy.] (3) The National Plan shall 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) m easures 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 in respect of measures specified in clauses (a), (b) and (c). 2[(4) The National Authority shall review the National Plan once in every three years and update at least once in every five years.] (5) Appropriate provisions shall be made by the Central Government for financing the measures to be carried out under the National Plan. (6) Copies of the National Plan referred to in sub -sections (2) and ( 4) shall be made available to the Ministries or Departments of the Government of India and such Ministries or Departments shall draw up their own plans in accordance with the National Plan. 12. [Guidelines for minimum standards of relief.] Omitted by the Disaster Management (Amendment) Act, 2025 (10 of 2025), s. 9 (w.e.f. 9-4-2025). 1. Subs. by Act 10 of 2025, s. 8, for sub-section (2) (w.e.f. 9-4-2025). 2. Subs. by s. 8, ibid., for sub-section (4) (w.e.f. 9-4-2025). 14 13. [Relief in loan repayment, etc .] Omitted by the Disaster Management (Amendment) Act, 2025 (10 of 2025), s. 9 (w.e.f. 9-4-2025). CHAPTER III STATE DISASTER MANAGEMENT AUTHORITIES 14. Establishment of State Disaster Management Authority.—(1) Every State Government shall, as soon as may be after the issue of the notification under sub -section (1) of section 3, by notification in the Official Gazette, establish a State Disaster Management Authority for the State with such name as may be specified in the notification of the State Government. (2) A State Authority shall consist of the Chairperson and such number of other members, not exceeding nine, as may be prescribed by the State Government and, unless the rules otherwise provide, the State Authority shall consist of the following members, namely:— (a) the Chief Minister of the State, who shall be Chairperson, ex officio; (b) o ther members, not exceeding eight, to be nominated by the Chairp erson of the State Authority; (c) the Chairperson of the State Executive Committee, ex officio. (3) The Chairperson of the State Authority may designate one of the members nominated under clause (b) of sub-section (2) to be the Vice-Chairperson of the State Authority. (4) The Chairperson of the State Executive Committee shall be the Chief Executive Officer of the State Authority, ex officio: Provided that in the case of a Union territory having Legislative Assembly, except the Union territory of Delhi, the Chief Minister shall be the Chairperson of the Authority established under this section and in case of other Union territories, the Lieutenant Governor or the Administrator shall be the Chairperson of that Authority: Provided further that the Lieutenant Governor of the Union territory of Delhi shall be the Chairperson and the Chief Minister thereof shall be the Vice-Chairperson of the State Authority. (5) The term of office and conditions of service of members of the State Authority shall be such as may be prescribed. 15. Meetings of the State Authority .—(1) The State Authority shall meet as and when necessary and at such time and place as the Chairperson of the State Authority may think fit. (2) The Chairperson of the State Authority shall preside over the meetings of the State Authority. (3) If for any reason, the Chairperson of the State Authority is unable to attend the meeting of the State Authority, the Vice-Chairperson of the State Authority shall preside at the meeting. 16. Appointment of officers and oth er employees of State Authority. —The State Government shall provide the State Authority with such officers, consultants and employees, as it considers necessary, for carrying out the functions of the State Authority. 17. Constitution of advisory c ommittee by the State Authority. —(1) 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. (2) The members of the advisory committee shall be paid such allowances as may be prescribed by the State Government. 18. Powers and functions of State Authority. —(1) Subject to the provisions of this Act, a State Authority shall have the responsibility for laying down policies and plans for disas ter management in the State. (2) Without prejudice to the generality of provisions contained in sub -section (1), the State Authority may— 15 (a) lay down the State disaster management policy; 1[(b) coordinate the preparation, and approve the State Plan in accordance with the guidelines laid down by the National Authority;] (c) approve the disaster management plans prepared by the departments of the Government of the State; 2[(ca) approve the District Plan and Urban Plan, prepared by the District Authorities and Urban Authorities respectively, in accordance with the National Plan and State Plan;] (d) lay down guidelines to be followed by the departments of the Government of the State for the purposes of integration of measures for prevention of disasters and mitigation in their development plans and projects and provide necessary technical assistance therefor; (e) coordinate the implementation of the State Plan; (f) recommend provision of funds for mitigation and preparedness measures; (g) r eview the development plans of the different departments of the State and ensure that prevention and mitigation measures are integrated therein; (h) r eview the measures being taken for mitigation, capacity building and preparedness by the departments of the Government of the State and issue such guidelines as may be necessary. 2[(i) take stock of the entire range of disaster risks in the State, periodically including emerging disaster risks, and take necessary measures for their mitigation; (j) coordinate and monitor the implementation of the National Policy, the National Plan and the State Plan; (k) lay down guidelines for preparation of disaster management plan by the Departments of the Government of the State, the District Authorities and the Urban Authorities; (l) promote 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; (m) provide necessary technical assistance or give advice to the District Authorities, local authorities and Urban Authorities for carrying out their functions effectively; (n) provide information to the National Authority relating to different aspects of disaster management; (o) lay down guidelines for standards of relief to persons affected by disasters in the State: Provided that such standards shall in no case be less than the minimum standards in the guidelines laid down by the National Authority in this regard; (p) maintain the State disaster database and provide inputs to the National disaster database.] (3) The Chairperson of the State Authority shall, in the case of emergency, have power to exercise all or any of the powers of the State Authority but the exercise of such powers shall be subject to ex post facto ratification of the State Authority. 19. [Guidelines for minimum standard of relief by State Authority .] Omitted by the Disaster Management (Amendment) Act, 2025 (10 of 2025), s. 11 (w.e.f. 9-4-2025). 20. Constitution of State Executive Committee. —(1) The State Government shall, immediately after issue of notification under sub -section (1) of section 14, constitute a 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 under this Act. 1. Subs. by Act 10 of 2025, s. 10, for clause (b) (w.e.f. 9-4-2025). 2. Ins. by s. 10, ibid. (w.e.f. 9-4-2025). 16 (2) The State Executive Committee shall consist of the following members, namely:— (a) the Chief Secretary to the State Government, who shall be Chairperson, ex officio; (b) four Secretaries to the Government of the State of such departments as the State Government may think fit, ex officio; 1[(c) the Director General of Police of the State shall be member of the State Executive Committee, ex officio.] (3) The Chairperson of the State Executive Committee shall exercise such powers and perform such functions as may be prescribed by the State Government and such other powers and functions as may be delegated to him by the State Authority. (4) The procedure to be followed by the State Executive Committee in exercise of its powers and discharge of its functions shall be such as may be prescribed by the State Government. 21. Constitution of sub -committees by State Executive Committee. —(1) The State Executive Committee may, as and when it considers necessary, constitute one or more sub -committees, for efficient discharge of its functions. (2) The State Executive Committee shall, from amongst its members, appoint the Chairperson of the sub-committee referred to in sub-section (1). (3) Any person associated as an expert with any sub -committee may be paid such allowances as may be prescribed by the State Government. 22. Functions of the State Executive Committee .—(1) 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. (2) Without prejudice to the generality of the provisions of sub -section ( 1), the State Executive Committee may— 2* * * * (b) e xamine the vulnerability of different parts of the State to different forms of disasters and specify measures to be taken for their prevention or mitigation; 2* * * * (d) monitor the implementation of disaster management plans prepared by the departments of the Government of the State 3[, the District Authorities and the Urban Authorities]; (e) monitor the implementation of the guidelines laid down by the State Authority for integrating of measures for prevention of disasters and mitigation by the departments in their dev elopment plans and projects; (f) e valuate 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; (g) coordinate response in the event of any threatening disaster situation or disaster; (h) give directions to any Department of the Government of the State or any other authority or body in the State regarding actions to be taken in response to any threatening disaster situation or disaster; 4* * * * 1. Ins. by Act 10 of 2025, s. 12 (w.e.f. 9-4-2025). 2. Cls. (a) and (c) omitted by s. 13, ibid. (w.e.f. 9-4-2025). 3. Subs. by s. 13, ibid., for “and District Authorities” (w.e.f. 9-4-2025). 4. Cl. (i) omitted by s. 13, ibid. (w.e.f. 9-4-2025). 17 (j) advise, assist and coordinate the activities of the Departments of the Government of the State, District Authorities 1[, Urban Authorities ,] statutory bodies and other governmental and non - governmental organisations engaged in disaster management; 2* * * * (l) a dvise the State Government regarding all financial matters in relation to disaster management; (m) examine the construction, in any local area in the State and, if it is of the opinion that the standards laid for such construction for the prevention of disaster is not being or has not been followed, may direct the 3[District Authority, Urban Authority or the local authority], as the case may be, to take such action as may be necessary to secure compliance of such standards; 4* * * * (o) l ay down, review and update State level response plans and guidelines and ensure that the district level plans are prepared, reviewed and updated; (p) ensure that communication systems are in order and the disaster management drills are carried out periodically; (q) p erform such other functions as may be assigned to it by the State Authority or as it may consider necessary. 23. State Plan. —(1) There shall be a plan for disaster management for every State to be called the State Disaster Management Plan. 5[(2) The State Authority shall coordinate the preparation of the State Plan having regard to the National Plan and guidelines laid down by the National Authority, and in consultation with local authorities, District Authorities, Urban Authorities and the people’s representatives as the State Authority may deem fit.] 6
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