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

Section 1 -  Short title, extent and commencement

Section 2 - Definitions

 

CHAPTER II THE NATIONAL DISASTER MANAGEMENT AUTHORITY

Section 3 Establishment of National Disaster Management Authority

Section 4 Meetings of National Authority

Section 5 Appointment of officers and other employees of the National Authority

Section 6 Powers and functions of National Authority

Section 7 Constitution of advisory committee by National Authority

Section 8 Constitution of National Executive Committee

Section 9 Constitution of sub-committees Section 10 Powers and functions of National Executive Committee Section 11 National Plan

Section 12 Guidelines for minimum standards of relief

Section 13 Relief in loan repayment, etc

 

CHAPTER III STATE DISASTER MANAGEMENT AUTHORITY

Section 14 Establishment of State Disaster Management Authority

Section 15 Meetings of the State Authority

Section 16 Appointment of officers and other employees of State Authority

Section 17 Constitution of advisory committee by the State Authority

Section 18 Powers and functions of State Authority

Section 19 Guidelines for minimum standard of relief by State Authority

Section 20 Constitution of State Executive Committee

Section 21 Constitution of sub-committees by State Executive Committee Section 22 Functions of the State Executive Committee Section 23 State Plan

Section 24 Powers and functions of State Executive Committee in the event of threatening disaster situation

 

CHAPTER IV DISTRICT DISASTER MANAGEMENT AUTHORITY

Section 25 Constitution of District Disaster Management Authority

Section 26 Powers of Chairperson of District Authority

Section 27 Meetings

Section 28 Constitution of advisory committees and other committees

Section 29 Appointment of officers and other employees of District Authority

Section 30 Powers and functions of District Authority

Section 31 District Plan

Section 32 Plans by different authorities at district level and their implementation

Section 33 Requisition by the District Authority

Section 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

Section 35 Central Government to take measures

Section 36 Responsibilities of Ministries or Departments of Government of India

Section 37 Disaster management plans of Ministries or Departments of Government of India

Section 38 State Government to take measures

Section 39 Responsibilities of departments of the State Government

Section 40 Disaster management plan of departments of State

 

CHAPTER VI LOCAL AUTHORITIES

Section 41 Functions of the local authority

 

CHAPTER VII NATIONAL INSTITUTE OF DISASTER MANAGEMENT

Section 42 National Institute of Disaster Management

Section 43 Officers and other employees of the National Institute

 

CHAPTER VIII NATIONAL DISASTER RESPONSE FORCE

Section 44 National Disaster Response Force

Section 45 Control, direction, etc

 

CHAPTER IX FINANCE, ACCOUNTS AND AUDIT

Section 46 National Disaster Response Fund

Section 47 National Disaster Mitigation Fund

Section 48 Establishment of funds by State Government

Section 49 Allocation of funds by Ministries and Departments

Section 50 Emergency procurement and accounting

 

CHAPTER X OFFENCES AND PENALTIES

Section 51 Punishment for obstruction, etc

Section 52 Punishment for false claim

Section 53 Punishment for misappropriation of money or materials, etc

Section 54 Punishment for false warning

Section 55 Offences by Departments of the Government

Section 56 Failure of officer in duty or his connivance at the contravention of the provisions of this Act

Section 57 Penalty for contravention of any order regarding requisitioning

Section 58 Offence by companies

Section 59 Previous sanction for prosecution

Section 60 Cognizance of offences

 

CHAPTER XI MISCELLANEOUS

Section 61 Prohibition against discrimination

Section 62 Power to issue direction by Central Government

Section 63 Powers to be made available for rescue operations

Section 64 Making or amending rules, etc., in certain circumstances

Section 65 Power of requisition of resources, provisions, vehicles, etc., for rescue operations, etc

Section 66 Payment of compensation

Section 67 Direction to media for communication of warnings, etc

Section 68 Authentication of orders or decisions

Section 69 Delegation of powers Section 70 Annual report Section 71 Bar of jurisdiction of court

Section 72 Act to have overriding effect

Section 73 Action taken in good faith

Section 74 Immunity from legal process

Section 75 Power of Central Government to make rules

Section 76 Power to make regulations

Section 77 Rules and regulations to be laid before Parliament

Section 78 Power of State Government to make rules

Section 79 Power to remove difficulties

 

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