Disaster Management Act, 2005

REPORT ON
DISASTER MANAGEMENT ACT, 2005
AND STRUCTURAL FRAMEWORK
SUBMITTED BY: AMAN KUDESIA
FACULTY OF ARCHITECTURE & PLANNING
AKTU, LUCKNOW
PLANNING LEGISLATION & URBAN GOVERNANCE

1
ABSTRACT
India has been traditionally vulnerable to natural disasters on account
of its unique geo-climatic conditions. Floods, droughts, cyclones,
earthquakes and landslides have been a recurrent phenomenon. Being
highly vulnerable to natural disaster, 25 states out of a total of 35
states/UTs in India are considered disaster prone. 68% of Indian land
is draught prone, 12% to flood and 8% to cyclone. The loss in terms of
private, community and public assets has been astronomical. Therefore
disaster management occupies an important place in this country’s
policy framework as it is the poor and the under-privileged who are
worst affected on account of calamities/disasters. At the global level
too, there has been considerable concern over natural disasters.

2
Table of Contents
1. Introduction ....................................................................................03
2. Approach ........................................................................................04
3. Formulation Of Bill ........................................................................06
4. The Disaster Management Structure In India.................................11
5. Disaster Management Framework In India ....................................13
6. Current Scenario .............................................................................21
7. Conclusion.........................................................................................22
8. References.......................................................................................22

3
1. Introduction
Disaster Management has been reactive and relief centric. A paradigm shift has
now taken place at the national level from the relief centric syndrome to holistic
and integrated approach with emphasis on prevention, mitigation and
preparedness. These efforts are aimed to conserve developmental gains as also
minimize losses to lives, livelihood and property. A typical Disaster Management
continuum as shown below, comprising of six elements i.e., Prevention,
Mitigation and Preparedness in pre-disaster phase, and Response, Rehabilitation
and Reconstruction in post-disaster phase, defines the complete approach to
Disaster Management.
The Disaster Management Act, 2005 has been enacted as the central Act to deal
with the management of disasters. This act envisaged a three tier Disaster
Management structure in India at National, States and District levels. Under the
act, the NDMA, SDMA, NEC, NDRF, NIDM and disaster related funds were
established.

4
2. Approach
The new approach started from the conviction that development cannot be
sustained unless mitigation is built into the development process. Another
cornerstone of the approach is that mitigation must be multi-disciplinary,
spanning across all sectors of development. The new policy also emanates from
the belief that investments in mitigation are much more cost-effective than
expenditure on relief and rehabilitation. Disaster management occupies an
important place in India's policy framework, as poor people are most affected by
disaster and they are India's predominant population.

5
The steps being taken by the Government emanate from the approach has been
outlined above. The approach has been translated into a National Disaster
Framework (a roadmap) covering institutional mechanisms, disaster prevention
strategy, early warning systems, disaster mitigation, preparedness and response,
and human resource development. The expected inputs, areas of intervention and
agencies to be involved at the National, State and district levels have been
identified and listed in the roadmap. Ministries and Departments of the
Government of India and the State Governments/Union Territory
Administrations have been advised to develop their respective roadmaps taking
the national roadmap as a broad guideline. There is, therefore, now a common
strategy underpinning the action being taken by all the participating
organizations/stakeholders.

6
3. Formulation Of Bill
The Act comprises of 79 sections and 11 chapters. The President of India gave his assent to the
Disaster Management Bill 2005 on January 9, 2006.
Chapter I - Definition
Section 2 of the Act defines ‘Disaster’ as a catastrophe, mishap, calamity or grave
occurrence in any area, arising from either 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. ‘Disaster Management’ is defined as a continuous and integrated
process of planning, organizing, coordinating and implementing measures which are
necessary or expedient to prevent danger or threat of any disaster, mitigation or reduce
the risk or severity or consequences of any disaster, capacity-building and preparedness
to deal with any disaster, prompt response to any threatening disaster situation or
disaster, assessing the severity or magnitude of effects of any disaster, evacuation,
rescue and relief, rehabilitation and reconstruction.
Chapter II - National Disaster Management Authority
The Act empowers the Central Government to appoint the National Disaster
Management Authority with the Prime Minister of India as the Chairperson and such
number of other members, not exceeding nine. The Central Government is to provide
the National Authority with such officers, consultants and employees, as it considers
necessary for carrying out the functions of the National Authority. The National
Authority has the responsibility to lay down, approve the policies, plans and guidelines
for disaster management prepared by various departments of Government of India to

7
ensure timely and effective response to disaster. Further the chapter also details about
the meetings, executive committee and plans.
Chapter III - State Disaster Management Authorities
Similar to National Authority at the Centre, the State Government is to establish a State
Disaster Management Authority for the State. The State Authority is to be headed by
the Chief Minister of the State as the Chairperson and such number of other members,
not exceeding nine. The State Authority is empowered as and when it considers
necessary to constitute an advisory committee, consisting of experts in the field of
disaster management. The State Authority is supposed to lay down the State disaster
management policy, approve the State Plan in accordance with the guidelines laid down
by the National Authority. Chapter III also specifies on meetings, state executive
committee and plans.
Chapter IV - District Disaster Management Authorities
Every State Government, in turn is to establish a District Disaster Management
Authority for every district in the State with the Collector or District Collector or
Deputy Commissioner as the Chairperson and such number of other members, not
exceeding seven. The District Authority is to act as the district planning, coordinating
and implementing body for disaster management and take all measures for the purposes
of disaster management in the district in accordance with the guidelines laid down by
the National Authority and the State Authority.

8
Chapter V - Measures By The Government And International Agencies For
Disaster Management
The Central Government is empowered to take measures as it deems necessary or
expedient for the purpose of disaster management like deployment of naval, military
and air forces, other armed forces of the Union or any other civilian personnel as may
be required for the purposes of this Act, coordination with the United Nations agencies,
international organizations and governments of foreign countries for the purposes of
this Act and establish institutions for research, training and developmental programmes
in the field of disaster management. It is also empowered to deal with all such other
matters as it deems necessary or expedient for the purpose of securing effective
implementation of the provisions of the Act.
Chapter Vi - Local Authorities
Subject to the directions of the District Authority, the local authorities shall ensure that
the officers and employees are trained, resources are so maintained as to be readily
available, carry out relief rehabilitation and reconstruction activities in the affected
areas and may take such other measures as may be necessary for the disaster
management.
Chapter VII - National Institute Of Disaster Management
The Central Government is empowered to constitute an institute to be called the
National Institute of Disaster Management. The institute functions within the broad
policies and guidelines laid down by the National Authority and is responsible for
planning and promoting training and research in the area of disaster management,
documentation and development of national level information base relating to disaster
management policies, prevention mechanisms and mitigation measures.

9
Chapter VIII - National Disaster Response Force
A National Disaster Response Force for the purpose of specialist response to a
threatening disaster situation or disaster is to be constituted. The general
superintendence, direction and control of the Force shall be vested and exercised by the
National Authority and the command and supervision of the Force shall vest in an
officer to be appointed by the Central Government as the Director General of the
National Disaster Response Force.
Chapter IX - Finance, Accounts And Audits
The Central Government is empowered to constitute a fund to be called as the National
disaster Response fund for meeting any threatening disaster situation or disaster and
there shall be credited thereto an amount which Central Government may, after due
appropriation made by parliament by law in this behalf provide any grants that may be
made by any person or institution for the purpose of disaster management.
Chapter X - Offences And Penalties
The Act imposes punishments to persons/companies for contravening the provisions of
this Act, 2005 such as obstructing or abandoning, refusing to comply with any of the
provisions of this Act, making false claims, misappropriation of money or materials or
false warning, etc. The punishment in such cases could be imprisonment or fine or
both.
Chapter XI - Miscellaneous
The National Authority, the State Authority, or a District Authority is empowered to
recommend the Government to give direction to any authority or person in control of
any audio or audio-visual media or such other means of communication as may be
available to carry any warning or advisories regarding any threatening disaster situation

10
or disaster, and the said means of communication and media as designated shall comply
with such direction.
Recent Initiatives
Coordinated mock drills under simulated situations like terror attack, earthquake, bomb
blast, fire breakouts, flyover collapse etc., are being organised by the National, State &
District Management Authorities from time to time. The most calamitous situations had
been planned out to test Delhi's disaster preparedness and the venues included Metro
stations, schools, colleges, markets, temples, government buildings and five star hotels.
Mock drills will built the awareness of the general population and increase their coping
capacity during disaster. This will help all the stakeholders especially the community
to know what needs to be done to prevent and safeguard and avoid casualty.

11
4. The Disaster Management Structure In India
As per mandate of the Disaster Management Act 2005, the government created the NDMA as
opposed to a separate ministry recommended by the Pant Committee. The disaster management
set up was structured at three levels viz. national, state and district. The NDMA was set up as
the apex body at the national level, while at the state level State Disaster Management
Authorities (SDMA) were set up. These were headed by the Chief Ministers. At the district
level District Disaster Management Authorities (DDMA) were set up. These were headed by
the District Collectors and co-chaired by elected representatives of the local authorities. All
these authorities were charged with the responsibility of formulating holistic and integrated
plans for disaster management and ensuring the implementation of these plans when required.
The executive committee of the NDMA is called National Executive Committee (NEC). It
coordinates the response on behalf of the NDMA. It consists of 14 Secretaries of the
government of India as well as the Chief of the Integrated Defence Staff. To assist the NDMA
two other bodies have been created called the National Institute of Disaster Management
(NIDM) and the National Disaster Response Force (NDRF). The structure of the NDMA,
evolved for disaster management at the national level, is shown in the adjacent graphics.

12

13
5. Disaster Management Framework In India
5.1.National Disaster Management Authority
The Disaster Management Act mandates the Central
Government to establish NDMA as nodal authority
with prime minister as its ex-officio chairperson.
Further, it has maximum nine members nominated by
Chairman (Prime Minister). The Chairman can
nominate any of the nine members also as Vice-
chairman of NDMA. The NDMA meetings are
presided by the Chairman and such meetings are called for as and when PM thinks fit. If
Chairman is not available for presiding the NDMA meeting, this job is to be done by Vice

14
President. Officers, employees and consultants to the authority are provided by the Central
Government.
5.1.1. Powers And Functions Of NDMA
The key responsibilities of NDMA include laying down the policies, plans and
guidelines for disaster management for ensuring timely and effective response to
disaster. It lays down the policies on disaster management, approve the national plan,
and approve plans developed by various ministries of the union, lay down the guidelines
to be followed by the state authorities in drawing up state plans. NDMA also is
mandated to recommend guidelines for the minimum standards of relief to be provided
to persons affected by disaster. The minimum standards are as follows:
Minimum requirements to be provided in the relief camps in relation to shelter,
food, drinking water, medical cover and sanitation;
Special provisions to be made for widows and orphans;
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;
Such other relief as may be necessary.
In case of a disaster of severe magnitude, the NDMA is empowered to recommend
relief in repayment of loans or for grant of fresh loans to the persons affected by
disaster.
5.1.2. Responsibilities Of The Central Government
The DM Act puts on central government the obligation to take all measures necessary
and expedient for the purpose of disaster management including coordination between

15
ministries and department, state governments, various domestic and international
agencies etc. It is also obliged to make proper allocation of funds.
5.2.National Executive Committee
Apart from NDMA, the central government also constitutes a National Executive
Committee which is responsible for assisting NDMA in execution of various functions for
disaster management. The secretary of the ministry which is responsible for disaster
management is chairperson of NEC. The secretaries in the ministries of 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 will be members of the NEC.
5.2.1. Powers And Functions Of NEC
Assist NDMA in its functions.
Implementing the plans and policies of NDMA.
Ensuring compliance with the directives of Central Government.
To act as a coordinating and monitoring body for disaster management.
Prepare the National Plan to be approved by the NDMA.
Prepare guidelines for different ministries with respect to disaster management.
Provide technical assistance to state governments and authorities.
Monitor the implementation of the National Plans and plans of various ministries.
Monitor implementation of the guidelines laid down by the NDMA.
Coordinate response in case of a disaster.
Advise and assist various ministries and departments.

16
5.2.2. National Plan
The National Plan is a Disaster Management Plan for the entire country. It is prepared
by the NEC in consultation with the state governments and various bodies in the field
of disaster management. Once prepared, NDMA approves it. The basic things to be
included in national plan are as follows:
What measures are to be taken for the prevention of disasters, or the mitigation
of their effects?
What measures are to be taken for the integration of mitigation measures in the
development plans?
What measures are to be taken for preparedness and capacity building?
What will be the roles and responsibilities of different Ministries or
Departments?
A National Plan has to be reviewed and updated annually. The central government
would finance the measures to be carried out as per the plan. The copies of the plan
shall be distributed to all ministries and departments and using this plan, the ministries
would develop their own plans.
5.3.State Disaster Management Authority
A state Disaster Management Authority is to be
established by every state government. The Chief
Minister of the state is the chairperson of SDMA. There
are maximum 9 members other than the chairperson. In
case of a Union Territory with no assembly (Delhi and
Puducherry), the Lieutenant Governor or the

17
Administrator is the chairman of the SDMA. The SDMA will meet as and when the
chairperson (CM) decides. Other employees and staff of the SDMA are appointed by the
State Government.
5.3.1. Powers And Functions Of SDMA
To lay down the disaster management policies and plans for state
To lay down state disaster management policy
Approve state plans as per guidelines of national plans.
To lay down guidelines to be followed by departments of the state.
The act maintains that the CM , in case of emergency, would have the 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.
5.3.2. State Executive Committee
The state government also creates 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.
Its powers and functions are almost a replica of the NEC at state level. Further, it can
also among others can:
Control and restrict, vehicular traffic to, from or within, the vulnerable or
affected area.
Control and restrict the entry of any person into, his movement within and
departure from, a vulnerable or affected area.

18
Remove debris, conduct search and carry out rescue operations; provide shelter,
food, drinking water, essential provisions, healthcare and services in accordance
with the standards laid down by the National Authority and State Authority.
5.3.3. State Disaster Management Plan
Every State Executive Committee prepares a state disaster management plan as per the
guidelines of the NDMA. State plan are approved by the State DM Authority. The state
plan would comprise various vulnerabilities, measures to be adopted for prevention and
mitigation, Capacity building measures, roles and responsibilities of various
departments etc. The state plan has to be reviewed every year. The state government
will finance the measures listed out in state plans.
5.4.District Disaster Management Authority
The DDMA are set up by state government via a
notification in the state budget. It consists of
Chairperson and seven members. The collector or
District Magistrate or Deputy Commissioner would be
the chairman. The Co-chairperson will be elected
members of the local government. In the Sixth
Schedule areas, the Chief Executive Member of the
district council of autonomous district, shall be the co-Chairperson. The members will
include Superintendent of the Police, Chief Medical Officer and other district level officers
as nominated by the state government.

19
5.4.1. Powers And Functions Of DDMA
The DDMA works as a district planning, coordinating and implementing body for
disaster management. It will coordinate with the upper two tiers of the structure and
will plan the implementation of the prevention, mitigation and preparedness at local
level.
5.5.National Institute Of Disaster Management
National Institute of Disaster
Management has been established as a
statutory body under DM Act. This
institute is responsible for planning and
promoting training and research in the
area of disaster management,
documentation and development of national level information base relating to disaster
management policies, prevention mechanisms and mitigation measures. Its key
functions include:
Development of training material
Formulate a comprehensive human resource plan
Provide inputs to governments
Develop educational materials for disaster management including academic and
professional courses
Promote awareness
Conduct study courses

20
5.5.1. National Disaster Response Force
The act envisages constitution of the National
Disaster Response Force for the purpose of
specialist response to a threatening disaster
situation or disaster. The general
superintendence, direction and control of the
Force shall be vested and exercised by NDMA.
5.5.2. National Disaster Response Fund
The DM Act 2005 calls upon the central
government to constitute the National Disaster Response Fund for meeting any
threatening disaster situation or disaster. The central government will be able to use the
money from this fund to meet expenses for emergency response, relief and
rehabilitation. Here we note that the erstwhile National Calamity Contingency Fund
(NCCF) which was constituted as per the recommendations of the 11th Finance
Commission has been merged into National Disaster Response Fund (NDRF) in line
with the recommendation of the 13th Finance Commission. The amount collected from
National Calamity Contingent Duty (NCCD) is transferred to the NDRF.
5.5.3. National Disaster Mitigation Fund
The act also calls upon the government to constitute a National Disaster Mitigation
Fund for projects exclusively for the purpose of mitigation. They money from this fund
is to be used by the NDMA for mitigation purposes.

21
6. Current Scenario
NDMA states its vision as:
“TO BUILD A SAFER AND DISASTER – RESILIENT INDIA BY DEVELOPING A
HOLISTIC, PROACTIVE, MULTI-DISASTER AND TECHNOLOGY DRIVEN
STRATEGY FOR DISASTER MANAGEMENT”.
This vision was far from visible when the waters came cascading – down the slopes
in Uttarakhand, Flood in J&K put role of NDMA under sharp scrutiny. The superb handling
of the very severe cyclone Phalin in Odisha, increased optimism about NDMA has proved to
be short – lived.
6.1. NDMA Problems:
Ineffective in core areas, ill equipped, ill prepared to handle a potential natural or
manmade disaster.
NDMA has not even prepared any national disaster – management plan, any reliable
communication system.
No specific qualification is needed to become NDMA member, nor there any selection
procedure.
Lack of co-ordination between ministries is also there in co-operating with NDMA.
Absence of a disaster management plan at the national level have a trickle – down effect
on the states, as they did not have a framework of reference to base their plan on.
The basic problem is the attitude of the people who think that disaster is all about rescue and
not preparedness. There needs to be a paradigm shift in thinking. NDMA needs more teeth.

22
7. Conclusion
Disaster results not only in the loss of life & shelter but also creates lack of food, increase
in diseases and disturb socio-economic activities. Therefore it is one of the major area of
concern for a developing country like India. Disaster Management has to be a multi-
disciplinary and pro-active approach. Besides various measures for putting in place
institutional and policy framework, disaster prevention, mitigation and preparedness
initiatives taken by the Central and State Governments the INGOs and NGOs, the
community, civil society organizations and the media also have a key role to play in
achieving the goal of moving together, towards a safer India.
8. References
ndmindia.nic.in
ndma.gov.in
en.wikipedia.org
gktoday.in
indiacode.nic.in
legislative.gov.in

Disaster Management Act, 2005

More Related Content

What's hot

Similar to Disaster Management Act, 2005

More from Aman Kudesia

Recently uploaded

Disaster Management Act, 2005