Sections 78 and 79 of the Disaster Management Act 2005
State Government power to make rules and the statutory power to remove difficulties, updated for the Disaster Management (Amendment) Act, 2025.
Updated: 24 September 2026Sections 78 and 79 form part of the rule-making and implementation framework of the Disaster Management Act, 2005. Section 78 authorises State Governments to make rules for carrying out the Act. Section 79 deals with orders that may be made to remove difficulties in giving effect to the Act.
Section 78 - Power of State Government to make rules
Meaning: Section 78 is the State Government's delegated rule-making provision. It permits rules to be made by notification in the Official Gazette for implementing matters entrusted to the State under the Act.
(1) The State Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:
(a) the composition and number of the members of the State Authority under sub-section (2), and the term of office and conditions of service of the members of the State Authority under sub-section (5), of section 14;
(b) the allowances to be paid to the members of the advisory committee under sub-section (2) of section 17;
(c) the powers and functions of the Chairperson of the State Executive Committee under sub-section (3), and the procedure to be followed by the State Executive Committee in exercise of its powers and discharge of its functions under sub-section (4) of section 20;
(d) allowances to be paid to the persons associated with the sub-committee constituted by the State Executive Committee under sub-section (3) of section 21;
(e) the composition and the number of members of the District Authority under sub-section (2), and the powers and functions to be exercised and discharged by the Chief Executive Officer of the District Authority under sub-section (3) of section 25;
(f) allowances payable to the persons associated with any committee constituted by the District Authority as experts under sub-section (3) of section 28;
(fa) the powers, functions and other matters relating to Urban Authority under sub-section (6) of section 41A;
(fb) the manner of constitution of State Disaster Response Force, its functions and the terms and conditions of service of members of such Force under sub-section (2) of section 44A;
(g) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made by rules.
(3) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House before that House.
Section 79 - Power to remove difficulties
Meaning: Section 79 is a limited implementation provision. It permits the appropriate Government to issue an Official Gazette order, consistent with the Act, where a difficulty arises in giving effect to its provisions. The 2025 amendment also created a separate, time-limited Central Government power for difficulties arising from the amended Act.
(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government or the State Government, as the case may be, by notification in the Official Gazette, make order not inconsistent with the provisions of this Act as may appear to it to be necessary or expedient for the removal of the difficulty:
Provided that no such order shall be made after the expiration of two years from the commencement of this Act.
(1A) Notwithstanding anything contained in sub-section (1), if any difficulty arises in giving effect to the provisions of this Act as amended by the Disaster Management (Amendment) Act, 2025, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for removing the difficulty:
Provided that no such order shall be made under this sub-section after the expiry of a period of three years from the date of commencement of the Disaster Management (Amendment) Act, 2025.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament or the Legislature, as the case may be.
How Sections 78 and 79 operate
Section 78 concerns rules made by a State Government to carry out the Act and identifies specific subjects on which such rules may be framed. Section 79 serves a different purpose: it permits a limited removal-of-difficulties order when implementation problems arise. Any such order must remain consistent with the Act and is subject to the statutory time limits in Section 79.
Official legal sources
For the authoritative and updated text, refer to the Disaster Management Act, 2005 on India Code and the Ministry of Home Affairs disaster management laws, policies and plans page. The 2025 amendment should be read together with the principal Act.
This page is intended as a statutory information resource. Where the precise legal effect of a rule, notification or removal-of-difficulties order is material, consult the relevant Gazette notification and the consolidated Act.