Sections 75, 76, 76A and 77 of the Disaster Management Act 2005

Section 75(1): The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of the Act.

Section 75(2): Without limiting that general power, rules may deal with the following matters:

• (a) composition and number of members of the National Authority under Section 3(2), and their term of office and conditions of service under Section 3(4);
• (aa) salaries, allowances and other terms and conditions of service of officers, other employees, experts and consultants of the National Authority under Section 5(3);
• (b) allowances payable to members of the advisory committee under Section 7(2);
• (c) powers and functions of the Chairperson of the National Executive Committee under Section 8(3), and the procedure of the National Executive Committee under Section 8(4);
• (ca) procedure to be followed by the National Crisis Management Committee in exercising its powers and discharging its functions under Section 8A(4);
• (d) allowances payable to persons associated with a sub-committee constituted by the National Executive Committee under Section 9(3);
• (e) matters concerning membership, vacancies and the Governing Body of the National Institute of Disaster Management under Section 42;
• (ea) salaries, allowances and other terms and conditions of service of officers and other employees of the National Institute under Section 43(3);
• (f) constitution of the National Disaster Response Force and conditions of service, including disciplinary provisions, under Section 44(2);
• (g) manner of giving notice of an offence and intention to make a complaint under Section 60(b);
• (h) form and time for preparation of the annual report under Section 70; and
• (i) any other matter required or permitted to be prescribed, or for which provision is to be made by rules.

Section 76(1): NIDM, with the previous approval of the Central Government, may by notification in the Official Gazette make regulations consistent with the Act and the rules made thereunder for carrying out the purposes of the Act.

Section 76(2): Such regulations may provide for:

1. powers and functions to be exercised and discharged by the Governing Body;
2. procedure to be followed by the Governing Body in exercising its powers and discharging its functions; and
3. any other matter for which the Act permits provision to be made by regulations.

The National Authority may, with the previous approval of the Central Government and by notification in the Official Gazette, make regulations other than regulations made under Section 76. Such regulations must be consistent with the Act and the rules made thereunder and must be for carrying out the purposes of the Act.

Every such rule or regulation must be laid before each House of Parliament as soon as may be after it is made, while Parliament is in session, for a total period of thirty days. That period may fall within one session or two or more successive sessions.

If both Houses agree, within the statutory period, to modify the rule or regulation or agree that it should not be made, it thereafter operates only in the modified form or ceases to have effect, as applicable. A modification or annulment does not invalidate anything previously done under the rule or regulation.