Sections 24, 25 and 26 of the Disaster Management Act, 2005

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

Meaning and scope: Section 24 gives the State Executive Committee operational powers for immediate disaster response. These powers are directed to protecting affected communities, providing relief, preventing or combating disruption, and dealing with the effects of a threatening disaster situation or disaster.

For the purpose of assisting and protecting the community affected by disaster, providing relief to such community, preventing or combating disruption, or dealing with the effects of any threatening disaster situation, the State Executive Committee may:

• (a)control and restrict vehicular traffic to, from or within the vulnerable or affected area;
• (b)control and restrict the entry of any person into, movement within, and departure from a vulnerable or affected area;
• (c)remove debris, conduct search and carry out rescue operations;
• (d)provide shelter, food, drinking water, essential provisions, healthcare and services in accordance with standards laid down by the National Authority and State Authority;
• (e)give directions to the concerned Department of the State Government, any District Authority, any Urban Authority, or other authority within the local limits of the State to take measures or steps for rescue, evacuation or immediate relief for saving lives or property, as may be necessary in its opinion;
• (f)require any department of the State Government or any other body, authority or person in charge of relevant resources to make those resources available for emergency response, rescue and relief;
• (g)require experts and consultants in the field of disasters to provide advice and assistance for rescue and relief;
• (h)procure exclusive or preferential use of amenities from any authority or person as and when required;
• (i)construct temporary bridges or other necessary structures and demolish unsafe structures which may be hazardous to the public;
• (j)ensure that non-governmental organisations carry out their activities in an equitable and non-discriminatory manner;
• (k)disseminate information to the public to deal with any threatening disaster situation or disaster; and
• (l)take such steps as the Central Government or State Government may direct, or such other steps as are required or warranted by the form of the threatening disaster situation or disaster.

Section 25 - Constitution of District Disaster Management Authority

Purpose: Section 25 requires the State Government to establish a District Disaster Management Authority for every district. The District Authority is the statutory disaster management body at district level.

Section 25(1) - Establishment for every district

Every State Government shall, as soon as may be after issue of the notification under Section 14(1), establish by notification in the Official Gazette a District Disaster Management Authority for every district in the State, with the name specified in the notification.

Section 25(2) - Composition

The District Authority consists of the Chairperson and such number of other members, not exceeding seven, as may be prescribed by the State Government. Unless the rules otherwise provide, it consists of:

• (a)the Collector, District Magistrate or Deputy Commissioner of the district, as the case may be - Chairperson, ex officio;
• (b)the elected representative of the local authority - co-Chairperson, ex officio. In Tribal Areas referred to in the Sixth Schedule to the Constitution, the Chief Executive Member of the district council of the autonomous district is the co-Chairperson, ex officio;
• (c)the Chief Executive Officer of the District Authority, ex officio;
• (d)the Superintendent of Police, ex officio;
• (e)the Chief Medical Officer of the district, ex officio; and
• (f)not exceeding two other members appointed by the State Government, who may be taken from other district-level officers, disaster management experts and civil society organisation.

Section 25(3) - Zila Parishad

In any district where a Zila Parishad exists, its Chairperson shall be the co-Chairperson of the District Authority.

Section 25(4) - Chief Executive Officer

The State Government shall appoint an officer not below the rank of Additional Collector, Additional District Magistrate or Additional Deputy Commissioner, as the case may be, as Chief Executive Officer of the District Authority. The officer exercises the powers and performs the functions prescribed by the State Government and any other powers and functions delegated by the District Authority.

Section 26 - Powers of Chairperson of District Authority

Purpose: Section 26 defines the authority of the Chairperson of the District Disaster Management Authority, including delegated powers, emergency powers and written delegation to the Chief Executive Officer.

Section 26(1) - Delegated powers

In addition to presiding over meetings of the District Authority, the Chairperson shall exercise and discharge such powers and functions of the District Authority as the District Authority may delegate to the Chairperson.

Section 26(2) - Emergency powers

In an emergency, the Chairperson has power to exercise all or any of the powers of the District Authority. Exercise of those powers is subject to ex post facto ratification by the District Authority.

Section 26(3) - Delegation to Chief Executive Officer

The District Authority or its Chairperson may, by general or special order in writing, delegate powers and functions under Section 26(1) or Section 26(2), as applicable, to the Chief Executive Officer of the District Authority, subject to such conditions and limitations as it or the Chairperson considers fit.