Sections 3, 4 and 5 of the Disaster Management Act, 2005
Chapter II of the Disaster Management Act, 2005 establishes the National Disaster Management Authority (NDMA) and provides the basic statutory framework for its composition, meetings and administrative staffing.
Section 3 - Establishment of National Disaster Management Authority
Meaning and purpose. Section 3 creates the National Disaster Management Authority at the Union level. It provides the statutory foundation for the NDMA and prescribes its composition.
Section 3(1): The Central Government may, by notification in the Official Gazette, appoint the date from which an authority known as the National Disaster Management Authority is established for the purposes of the Act.
Section 3(2): The National Authority consists of a Chairperson and such number of other members, not exceeding nine, as may be prescribed by the Central Government. Subject to the applicable rules, the Prime Minister of India is the ex officio Chairperson.
In practical terms, Section 3 gives the NDMA its legal existence. The Ministry of Home Affairs records that the NDMA was initially constituted by executive order on 30 May 2005 and was re-notified under Section 3(1) on 27 September 2006 after enactment of the 2005 Act.
Section 4 - Meetings of National Authority
Purpose. Section 4 governs when meetings of the National Authority may be held and who presides over them.
Section 4(1): The National Authority meets as and when necessary, at the time and place considered appropriate by its Chairperson.
Section 4(2): The Chairperson presides over meetings of the National Authority.
Section 4(3): If the Chairperson is unable to attend a meeting, the Vice-Chairperson presides over that meeting.
Section 5 - Appointment of officers and other employees of the National Authority
Purpose. Section 5 deals with the personnel required for the National Authority to discharge its statutory functions.
The Central Government is required 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 provision therefore places responsibility on the Central Government for providing the institutional personnel needed by the NDMA.
Related provisions
Sections 6 to 8 continue the statutory framework by dealing with the powers and functions of the National Authority, its advisory committee and the National Executive Committee.