Sections 39, 40 and 41 of the Disaster Management Act, 2005

Responsibilities of State Government departments, departmental disaster management plans and functions of local authorities, updated to reflect the Disaster Management (Amendment) Act, 2025.

Updated: 24 September 2026

2025 amendment: The Disaster Management (Amendment) Act, 2025 came into force on 9 April 2025. Section 39 was amended to incorporate the newly introduced Urban Authorities and Urban Plans, and Section 41 was amended by adding a duty on local authorities to prepare the disaster management plan referred to in Section 32. Section 41A separately provides for Urban Disaster Management Authorities in specified cities.

Section 39 - Responsibilities of departments of the State Government

Section 39 places operational, planning, financial and response duties on every department of a State Government. Following the 2025 amendment, specified duties also extend to coordination with Urban Authorities and implementation of Urban Plans.

It shall be the responsibility of every department of the Government of a State to:

  1. take measures necessary for prevention of disasters, mitigation, preparedness and capacity building in accordance with the guidelines laid down by the National Authority and the State Authority;
  2. integrate into its development plans and projects the measures for prevention of disaster and mitigation;
  3. allocate funds for prevention of disaster, mitigation, capacity-building and preparedness;
  4. respond effectively and promptly to any threatening disaster situation or disaster in accordance with the State Plan and the guidelines or directions of the National Executive Committee and the State Executive Committee;
  5. review the enactments administered by it, and its policies, rules and regulations, with a view to incorporating provisions necessary for prevention of disasters, mitigation or preparedness;
  6. provide assistance, as required, by the National Executive Committee, the State Executive Committee, District Authorities and Urban Authorities for:
    1. drawing up mitigation, preparedness and response plans, capacity-building, data collection and identification and training of personnel in relation to disaster management;
    2. assessing the damage from any disaster;
    3. carrying out rehabilitation and reconstruction;
  7. make provision for resources, in consultation with the State Authority, for implementation of the District Plan by its authorities at the district level and the Urban Plan by the Urban Authorities;
  8. make available its resources to the National Executive Committee, State Executive Committee, District Authorities or Urban Authorities for responding promptly and effectively to a disaster in the State, including:
    1. providing emergency communication with a vulnerable or affected area;
    2. transporting personnel and relief goods to and from the affected area;
    3. providing evacuation, rescue, temporary shelter or other immediate relief;
    4. carrying out evacuation of persons or livestock from an area affected by a threatening disaster situation or disaster;
    5. setting up temporary bridges, jetties and landing places;
    6. providing drinking water, essential provisions, healthcare and services in an affected area;
  9. take such other actions as may be necessary for disaster management.

Section 40 - Disaster management plan of departments of State

Section 40 requires every State Government department to prepare and maintain a departmental disaster management plan in conformity with guidelines laid down by the State Authority. It also requires financing provisions and implementation reporting.

Sub-section (1): Every department of the State Government, in conformity with the guidelines laid down by the State Authority, shall:

  1. prepare a disaster management plan laying down:
    1. the types of disasters to which different parts of the State are vulnerable;
    2. integration of strategies for prevention of disaster or mitigation of its effects, or both, with the development plans and programmes of the department;
    3. the roles and responsibilities of the State department in the event of a threatening disaster situation or disaster and the emergency support function it is required to perform;
    4. the present status of its preparedness to perform those roles, responsibilities or emergency support functions;
    5. the capacity-building and preparedness measures proposed to be put into effect for discharge of the relevant responsibilities contemplated by the Act;
  2. annually review and update the plan; and
  3. furnish a copy of the plan, or the updated plan, to the State Authority.

Sub-section (2): While preparing the plan, every State Government department shall make provisions for financing the activities specified in it.

Sub-section (3): Every State Government department shall furnish an implementation status report to the State Executive Committee regarding implementation of its disaster management plan.

Section 41 - Functions of the local authority

Chapter VI deals with local authorities. Section 41 sets out their basic disaster-management responsibilities, subject to the directions of the District Authority. The 2025 amendment added clause (e), requiring preparation of the disaster management plan referred to in Section 32.

Sub-section (1): Subject to the directions of the District Authority, a local authority shall:

  1. ensure that its officers and employees are trained for disaster management;
  2. ensure that resources relating to disaster management are maintained so as to be readily available for use in the event of a threatening disaster situation or disaster;
  3. ensure that construction projects under it or within its jurisdiction conform to the standards and specifications laid down for prevention of disasters and mitigation by the National Authority, State Authority and District Authority;
  4. carry out relief, rehabilitation and reconstruction activities in the affected area in accordance with the State Plan and District Plan;
  5. prepare a disaster management plan as referred to in Section 32.

Sub-section (2): The local authority may take such other measures as may be necessary for disaster management.

What is a local authority?

Under Section 2(h), "local authority" covers Panchayati Raj institutions, municipalities, district boards, cantonment boards, town planning authorities, Zila Parishads and, following the 2025 amendment, Autonomous District Councils, as well as other bodies or authorities legally entrusted with control or management of civic services.

Related change: Urban Disaster Management Authority under Section 41A

The 2025 amendment inserted Section 41A. It enables a State Government, by Official Gazette notification, to constitute a separate Urban Disaster Management Authority for the State capital and every city having a Municipal Corporation, except the National Capital Territory of Delhi and the Union territory of Chandigarh. The Urban Authority is responsible for preparing an Urban Plan, obtaining approval from the State Authority and coordinating its implementation.

Key legal terms used in Sections 39 to 41

Disaster management: Section 2(e), as amended, treats disaster management as a continuous and integrated process of planning, organising, coordinating and implementing measures necessary or expedient for prevention, mitigation, capacity-building, preparedness, response, evacuation, rescue, relief, rehabilitation, recovery and reconstruction. The amended definition expressly includes disaster risk reduction.

Preparedness: Section 2(m), as substituted in 2025, refers to the knowledge and capacity of Government, response and recovery organisations, communities and individuals to anticipate, respond to and recover from a threatening disaster situation or disaster.

Prevention: Section 2(na), inserted in 2025, means activity and measures to avoid the potential adverse impact of disaster.

Response: Section 2(pa), inserted in 2025, covers action taken directly before, during or after a disaster to save lives, reduce injury and health impacts, ensure public safety and meet basic subsistence needs of affected people.

Urban Authority and Urban Plan: Sections 2(u) and 2(v), inserted in 2025, respectively refer to an Urban Disaster Management Authority constituted under Section 41A and the disaster management plan prepared by that authority.

Official legal resources

For the authoritative consolidated text and subsequent amendments, consult the official India Code database. Disaster warnings and public preparedness information are available through the National Disaster Management Authority's SACHET portal.

India Code - Government of India

SACHET - National Disaster Alert Portal, NDMA

Legal note: This page is an explanatory guide to the statutory provisions. For legal proceedings, compliance or official action, refer to the current text of the Act, applicable rules, notifications, plans, guidelines and directions issued by the competent authority.