Sections 63, 64 and 65 of the Disaster Management Act, 2005
These provisions deal with making personnel available for disaster response, requiring changes to rules or administrative instruments for disaster prevention or mitigation, and requisitioning resources, premises and vehicles for prompt response and rescue operations.
Section 63 - Powers to be made available for rescue operations
Section 63 requires an officer or authority of the Union or a State, when requested by the National Executive Committee, a State Executive Committee, a District Authority, an Urban Authority, or a person authorised by such Committee or Authority, to make available the officers and employees requested for.
The personnel may be required for functions connected with prevention of disaster, mitigation, rescue or relief work.
Meaning and effect of Section 63
The provision creates a statutory mechanism for mobilising government personnel across the disaster-management structure. Once a valid request is made by an authority specified in the section, the concerned Union or State officer or authority is required to make the requested officers and employees available for the relevant disaster-management functions.
Section 64 - Making or amending rules, etc., in certain circumstances
Section 64 applies where the National Executive Committee, State Executive Committee, District Authority or Urban Authority considers that a rule, regulation, notification, guideline, instruction, order, scheme or bye-law needs to be made or amended for prevention of disasters or mitigation.
The concerned disaster-management body may require the necessary amendment, and the appropriate department or authority must take necessary action to comply with that requirement, subject to the provisions of the Act.
What instruments are covered?
The section is broad. It covers rules, regulations, notifications, guidelines, instructions, orders, schemes and bye-laws. Its purpose is to prevent an existing administrative or regulatory framework from obstructing measures needed for disaster prevention or mitigation.
Section 65 - Power of requisition of resources, premises and vehicles
Section 65 authorises requisition where the National Executive Committee, State Executive Committee, District Authority, Urban Authority, or an officer authorised by the relevant authority considers specified resources necessary for disaster response.
When can requisition be ordered?
An order in writing may requisition:
(a) Resources: resources held by an authority or person that are needed for prompt response.
(b) Premises: premises needed or likely to be needed for rescue operations.
(c) Vehicles: vehicles needed or likely to be needed to transport resources from disaster-affected areas, transport resources to an affected area, or provide transport connected with rescue, rehabilitation or reconstruction.
The authority may also make further orders that appear necessary or expedient in connection with the requisition.
Duration of requisition
Under Section 65(2), requisition cannot continue beyond the period for which the resource, premises or vehicle is required for a purpose specified in Section 65(1).
Definitions under Section 65(3)
Resources: includes men and material resources.
Services: includes facilities.
Premises: means land, a building or part of a building and includes a hut, shed or other structure or any part of it.
Vehicle: means a vehicle used or capable of being used for transport, whether propelled by mechanical power or otherwise.
Related provision: compensation for requisition
Section 66 of the Act deals with payment of compensation where premises, a vehicle, vessel or other property is requisitioned under Section 65. Readers dealing with an actual requisition should therefore read Sections 65 and 66 together.
Official legal sources
For the current statutory text and amendments, refer to the India Code and the Ministry of Home Affairs - Disaster Management Division laws, policies and plans.
This page is an explanatory legal-information article. For an official or litigation use, verify the provision against the latest Gazette and India Code text.