Sections 60, 61 and 62 of the Disaster Management Act, 2005

Meaning of cognizance: In this context, cognizance means the court formally taking notice of an alleged offence for the purpose of proceeding according to law. Section 60 restricts the manner in which a court may take cognizance of offences under the Disaster Management Act.

A court may take cognizance only on a complaint made by the National Authority, State Authority, Central Government, State Government, District Authority, Urban Authority, or another authority or officer authorised by the appropriate Authority or Government.

The section also permits a complaint by any person who has first given notice of not less than thirty days, in the prescribed manner, stating the alleged offence and the intention to make a complaint to the appropriate Authority, Government, Urban Authority, District Authority or authorised officer.

Section 60A was inserted by the Disaster Management (Amendment) Act, 2025. It authorises the Central Government or a State Government, by notification in the Official Gazette, to require a person to take an action or refrain from an action when this is considered necessary for reducing the impact of a disaster having regard to the nature of the hazard.

The notification operates for the period specified in it or for six months, whichever is earlier. Section 60A also contains the statutory consequence for contravention. Readers dealing with an actual notice or alleged breach should verify the current consolidated text and the particular Gazette notification involved.

Section 61 requires that, while providing relief to victims of disaster, there must be no discrimination on the ground of sex, caste, community, descent or religion.

Current legal position: the original text referred to "compensation and relief". The Disaster Management (Amendment) Act, 2025 omitted the words "compensation and" with effect from 9 April 2025. The section now expressly speaks of non-discrimination while providing relief.

Section 62 begins with a non-obstante clause - "Notwithstanding anything contained in any other law for the time being in force". This gives the provision overriding operation where another law would otherwise obstruct the exercise of the power conferred by this section.

The Central Government may issue written directions to Ministries or Departments of the Government of India, the National Executive Committee, a State Government, State Authority, State Executive Committee, statutory bodies, or their officers or employees, as applicable, to facilitate or assist in disaster management.

The provision expressly makes compliance with such a written direction binding on the Ministry, Department, Government, Authority, Executive Committee, statutory body, officer or employee to whom it applies.