Sections 72, 73 and 74 of the Disaster Management Act, 2005
Sections 72 to 74 deal with three distinct legal protections under the Disaster Management Act, 2005: the overriding effect of the Act, protection for action taken in good faith, and immunity relating to official disaster warnings and consequential action.
Section 72 - Act to have overriding effect
The section uses a non-obstante formulation. In practical terms, where there is a genuine inconsistency between the Disaster Management Act and another law or a legal instrument, the provision of the Disaster Management Act is intended to prevail to the extent of that inconsistency. The provision does not by itself repeal every other law dealing with the same subject; the statutory trigger is inconsistency.
Why Section 72 matters
Disaster response can involve directions, emergency measures and statutory duties cutting across different administrative fields. Section 72 supplies a rule of priority for resolving an inconsistency between this Act and another law or instrument. Whether an inconsistency actually exists will depend on the provisions and facts involved.
Section 73 - Action taken in good faith
Following the 2025 amendment, the statutory list expressly includes an Urban Authority. The protection is tied to the requirement of good faith and to action connected with the Disaster Management Act or rules or regulations made under it. It should therefore not be read as a general immunity for every act of an authority or official.
Meaning of "good faith"
The Act uses "good faith" as a condition for the protection. In applying such a clause, the nature of the impugned act, the statutory power or duty relied upon, and whether the conduct falls within the protected statutory purpose can be material. The precise application in a dispute is a legal question dependent on the facts and governing law.
Section 74 - Immunity from legal process
The 2025 amendment expressly extends the provision to officers and employees of a District Authority or Urban Authority. The section is narrower in subject matter than Section 73 because it specifically concerns official disaster warnings and action or directions following such communications.
Difference between Sections 72, 73 and 74
Section 72 is a conflict-of-laws provision giving the Act overriding effect in case of inconsistency. Section 73 is a good-faith protection against suits, prosecutions and other proceedings for protected statutory action. Section 74 is a specific immunity relating to official warnings of impending disasters and action or directions issued pursuant to those warnings.
Official legal resources
For the authoritative and updated statutory text, see the India Code. The National Disaster Management Authority laws, policies and plans page provides the Disaster Management Act, the Disaster Management (Amendment) Act, 2025 and the commencement notification. The Ministry of Home Affairs Disaster Management Division also publishes official disaster-management material.
This article is a general explanation of the statutory provisions. For a particular dispute, the complete Act, amendments, rules, notifications and applicable judicial decisions should be examined.
