Sections Particulars
Preamble
An Act to provide for the effective management of disasters and for matters connected therewith or incidental thereto.BE it enacted by Parliament in the Fift...
Chapter I Preliminary
1 Short title, extent and commencement
Chapter I: Preliminary1. Short title, extent and commencement.-1.     This Act may be called the Disaster Management Act, 2005.2.     It extends to the wh...
2 Definitions
2. Definitions.-In this Act, unless the context otherwise requires,- a.     "affected area" means an area or part of the country affected by a disaster; b.  ...
Chapter II The National Disaster Management Authority
3 Establishment of National Disaster Management Authority
Chapter II: The National Disaster Management Authority3. Establishment of National Disaster Management Authority.-1.     With effect from such date as the C...
4 Meetings of National Authority
4. Meetings of National Authority.-1.     The National Authority shall meet as and when necessary and at such time and place as the Chairperson of the Natio...
5 Appointment of officers and other employees of the National Authority
5. Appointment of officers and other employees of the National Authority.-The Central Government shall provide the National Authority with such officers, cons...
6 Powers and functions of National Authority
1.     Subject to the provisions of this Act, the National Authority shall have the responsibility for laying down the policies, plans and guidelines for dis...
7 Constitution of advisory committee by National Authority
7. Constitution of advisory committee by National Authority.-1.     The National Authority may constitute an advisory committee consisting of experts in the...
8 Constitution of National Executive Committee
8. Constitution of National Executive Committee.-1.     The Central Government shall, immediately after issue of notification under sub-section (1) of secti...
9 Constitution of sub-committees
9. Constitution of sub-committees.-1.     The National Executive Committee may, as and when it considers necessary, constitute one or more sub-committees, f...
10 Powers and functions of National Executive Committee
10. Powers and functions of National Executive Committee.-1.     The National Executive Committee shall assist the National Authority in the discharge of it...
11 National Plan
11. National Plan.-1.     There shall be drawn up a plan for disaster management for the whole of the country to be called the National Plan.2.     The Nat...
12 Guidelines for minimum standards of relief
12. Guidelines for minimum standards of relief.-The National Authority shall recommend guidelines for the minimum standards of relief to be provided to perso...
13 Relief in loan repayment, etc.
13. Relief in loan repayment, etc.-The National Authority may, in cases of disasters of severe magnitude, recommend relief in repayment of loans or for grant...
Chapter III State Disaster Management Authorities
14 Establishment of State Disaster Management Authority
Chapter III: State Disaster Management Authorities1.     Every State Government shall, as soon as may be after the issue of the notification under sub-secti...
15 Meetings of the State Authority
15. Meetings of the State Authority.-1.     The State Authority shall meet as and when necessary and at such time and place as the Chairperson of the State ...
16 Appointment of officers and other employees of State Authority
16. Appointment of officers and other employees of State Authority.-The State Government shall provide the State Authority with such officers, consultants and...
17 Constitution of advisory committee by the State Authority
17. Constitution of advisory committee by the State Authority.-1.     A State Authority may, as and when it considers necessary, constitute an advisory comm...
18 Powers and functions of State Authority
18. Powers and functions of State Authority.-1.     Subject to the provisions of this Act, a State Authority shall have the responsibility for laying down p...
19 Guidelines for minimum standard of relief by State Authority
19. Guidelines for minimum standard of relief by State Authority.-The State Authority shall lay down detailed guidelines for providing standards of relief to ...
20 Constitution of State Executive Committee
20. Constitution of State Executive Committee.-1.     The State Government shall, immediately after issue of notification under sub-section (1) of section 1...
21 Constitution of sub-committees by State Executive Committee
21. Constitution of sub-committees by State Executive Committee.-1.     The State Executive Committee may, as and when it considers necessary, constitute on...
22 Functions of the State Executive Committee
22. Functions of the State Executive Committee.-1.     The State Executive Committee shall have the responsibility for implementing the National Plan and St...
23 State Plan
23. State Plan.-1.     There shall be a plan for disaster management for every State to be called the State Disaster Management Plan.2.     The State Plan ...
24 Powers and functions of State Executive Committee in the event of threatening disaster situation
24. Powers and functions of State Executive Committee in the event of threatening disaster situation.-For the purpose of, assisting and protecting the commun...
Chapter IV District Disaster Management Authority
25 Constitution of District Disaster Management Authority
Chapter IV: District Disaster Management Authority25. Constitution of District Disaster Management Authority.-1.     Every State Government shall, as soon a...
26 Powers of Chairperson of District Authority
26. Powers of Chairperson of District Authority.-1.     The Chairperson of the District Authority shall, in addition to presiding over the meetings of the D...
27 Meetings
27. Meetings.-The District Authority shall meet as and when necessary and at such time and place as the Chairperson may think fit. ...
28 Constitution of advisory committees and other committees
28. Constitution of advisory committees and other committees.-1.     The District Authority may, as and when it considers necessary, constitute one or more ...
29 Appointment of officers and other employees of District Authority
29. Appointment of officers and other employees of District Authority.-The State Government shall provide the District Authority with such officers, consultan...
30 Powers and functions of District Authority
30. Powers and functions of District Authority.-1.     The District Authority shall act as the district planning, coordinating and implementing body for dis...
31 District Plan
31. District Plan.-1.     There shall be a plan for disaster management for every district of the State.2.     The District Plan shall be prepared by the Di...
32 Plans by different authorities at district level and their implementation
32. Plans by different authorities at district level and their implementation.-Every office of the Government of India and of the State Government at the dist...
33 Requisition by the District Authority
33. Requisition by the District Authority.-The District Authority may by order require any officer or any Department at the district level or any local autho...
34 Powers and functions of District Authority in the event of any threatening disaster situation or disaster
34. Powers and functions of District Authority in the event of any threatening disaster situation or disaster.-For the purpose of assisting, protecting or pr...
Chapter V Measures by the Government for Disaster Management
35 Central Government to take measures
Chapter V: Measures by the Government for Disaster Management35. Central Government to take measures.-1.     Subject to the provisions of this Act, the Cent...
36 Responsibilities of Ministries or Departments of Government of India
36. Responsibilities of Ministries or Departments of Government of India.-It shall be the responsibility of every Ministry or Department of the Government of ...
37 Disaster management plans of Ministries or Departments of Government of India
37. Disaster management plans of Ministries or Departments of Government of India.-1.     Every Ministry or Department of the Government of India shall- a.  ...
38 State Government to take measures
38. State Government to take measures.-1.     Subject to the provisions of this Act, each State Government shall take all measures specified in the guidelin...
39 Responsibilities of departments of the State Government
39. Responsibilities of departments of the State Government.-It shall be the responsibility of every department of the Government of a State to- a.     take ...
40 Disaster management plan of departments of State
40. Disaster management plan of departments of State.-1.     Every department of the State Government, in conformity with the guidelines laid down by the St...
Chapter VI Local Authorities
41 Functions of the local authority
Chapter VI: Local Authorities41. Functions of the local authority.-1.     Subject to the directions of the District Authority, a local authority shall-a.    ...
Chapter VII National Institute of Disaster Management
42 National Institute of Disaster Management
Chapter VII: National Institute of Disaster Management42. National Institute of Disaster Management.-1.     With effect from such date as the Central Govern...
43 Officers and other employees of the National Institute
43. Officers and other employees of the National Institute.-The Central Government shall provide the National Institute of Disaster Management with such offi...
Chapter VIII National Disaster Response Force
44 National Disaster Response Force
Chapter VIII: National Disaster Response Force44. National Disaster Response Force.-1.     There shall be constituted a National Disaster Response Force for...
45 Control, direction, etc.
45. Control, direction, etc.-The general superintendence, direction and control of the Force shall be vested and exercised by the National Authority and the ...
Chapter IX Finance, Accounts and Audit
46 National Disaster Response Fund
Chapter IX: Finance, Accounts and Audit46. National Disaster Response Fund.-1.     The Central Government may, by notification in the Official Gazette, cons...
47 National Disaster Mitigation Fund
47. National Disaster Mitigation Fund.-1.     The Central Government may, by notification in the Official Gazette, constitute a Fund to be called the Nation...
48 Establishment of funds by State Government
48. Establishment of funds by State Government.-1.     The State Government shall, immediately after notifications issued for constituting the State Authori...
49 Allocation of funds by Ministries and Departments
49. Allocation of funds by Ministries and Departments.-1.     Every Ministry or Department of the Government of India shall make provisions, in its annual b...
50 Emergency procurement and accounting
50. Emergency procurement and accounting.-Where by reason of any threatening disaster situation or disaster, the National Authority or the State Authority or...
Chapter X Offences and Penalties
51 Punishment for obstruction, etc.
Chapter X: Offences and Penalties51. Punishment for obstruction, etc.-Whoever, without reasonable cause- a.     obstructs any officer or employee of the Cen...
52 Punishment for false claim
52. Punishment for false claim.-Whoever knowingly makes a claim which he knows or has reason to believe to be false for obtaining any relief, assistance, rep...
53 Punishment for misappropriation of money or materials, etc.
53. Punishment for misappropriation of money or materials, etc.-Whoever, being entrusted with any money or materials, or otherwise being, in custody of, or d...
54 Punishment for false warning
54. Punishment for false warning.-Whoever makes or circulates a false alarm or warning as to disaster or its severity or magnitude, leading to panic, shall o...
55 Offences by Departments of the Government
55. Offences by Departments of the Government.-1.     Where an offence under this Act has been committed by any Department of the Government, the head of th...
56 Failure of officer in duty or his connivance at the contravention of the provisions of this Act
56. Failure of officer in duty or his connivance at the contravention of the provisions of this Act.-Any officer, on whom any duty has been imposed by or und...
57 Penalty for contravention of any order regarding requisitioning
57. Penalty for contravention of any order regarding requisitioning.-If any person contravenes any order made under section 65, he shall be punishable with i...
58 Offence by companies
58. Offence by companies.-1.     Where an offence under this Act has been committed by a company or body corporate, every person who at the time the offence...
59 Previous sanction for prosecution
59. Previous sanction for prosecution.-No prosecution for offences punishable under sections 55 and 56 shall be instituted except with the previous sanction ...
60 Cognizance of offences
60. Cognizance of offences.-No court shall take cognizance of an offence under this Act except on a complaint made by- a.     the National Authority, the St...
61 Prohibition against discrimination
61. Prohibition against discrimination.-While providing compensation and relief to the victims of disaster, there shall be no discrimination on the ground of...
62 Power to issue direction by Central Government
62. Power to issue direction by Central Government.-Notwithstanding anything contained in any other law for the time being in force, it shall be lawful for t...
63 Powers to be made available for rescue operations
63. Powers to be made available for rescue operations.-Any officer or authority of the Union or a State, when requested by the National Executive Committee, ...
64 Making or amending rules, etc., in certain circumstances
64. Making or amending rules, etc., in certain circumstances.-Subject to the provisions of this Act, if it appears to the National Executive Committee, State...
65 Power of requisition of resources, provisions, vehicles, etc., for rescue operations, etc.
65. Power of requisition of resources, provisions, vehicles, etc., for rescue operations, etc.-1.     If it appears to the National Executive Committee, Sta...
66 Payment of compensation
66. Payment of compensation.-1.     Whenever any Committee, Authority or officer referred to in sub-section (1) of section 65, in pursuance of that section ...
67 Direction to medial for communication of warnings, etc.
67. Direction to medial for communication of warnings, etc.-The National Authority, the State Authority, or a District Authority may recommend to the Governm...
68 Authentication of orders or decisions
68. Authentication of orders or decisions.-Every order or decision of the National Authority or the National Executive Committee, the State Authority, or the...
69 Delegation of powers
69. Delegation of powers.-The National Executive Committee, State Executive Committee, as the case may be, by general or special order in writing, may delega...
70 Annual report
70. Annual report.-1.     The National Authority shall prepare once every year, in such form and at such time as may be prescribed, an annual report giving a...
71 Bar of jurisdiction of court
71. Bar of jurisdiction of court.-No court (except the Supreme Court or a High Court) shall have jurisdiction to entertain any suit or proceeding in respect ...
72 Act to have overriding effect
72. Act to have overriding effect.-The provisions of this Act, shall have effect, notwithstanding anything inconsistent therewith contained in any other law ...
73 Action taken in good faith
73. Action taken in good faith.-No suit or prosecution or other proceeding shall lie in any court against the Central Government or the National Authority or...
74 Immunity from legal process
74. Immunity from legal process.-Officers and employees of the Central Government, National Authority, National Executive Committee, State Government, State ...
75 Power of Central Government to make rules
75. Power of Central Government to make rules.-1.     The Central Government may, by notification in the Official Gazette, make rules for carrying out the p...
76 Power to make regulations
76. Power to make regulations.-1.     The National Institute of Disaster Management, with the previous approval of the Central Government may, by notificati...
77 Rules and regulations to be laid before Parliament
77. Rules and regulations to be laid before Parliament.-Every rule made by the Central Government and every regulation made by the National Institute of Disa...
78 Power of State Government to make rules
78. Power of State Government to make rules.-1.     The State Government may, by notification in the Official Gazette, make rules to carry out the provision...
79 Power to remove difficulties
79. Power to remove difficulties.-1.     If any difficulty arises in giving effect to the provisions of this Act, the Central Government or the State Govern...
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