DISASTER MANAGEMENT IN INDIA
Before the Disaster Management Act, 2005-
India faced challenges in coordinating due to fragmented efforts and lack of comprehensive
legal framework. Focus was mainly on post-disaster recovery and relief. Limited emphasis on
prevention and mitigation. The responsibility was with the state governments only.
After the Disaster Management Act, 2005-
Created a multifaceted institutional system. Established National Disaster Management
Authority (NDMA) and State DMAs (SDMAs). Integrated approach to disaster management.
Clear guidelines and standard operating procedure. Clear roles and responsibilities defined by
law. Focus on training, awareness, and community involvement programs.
Before After
Reactive approach Proactive approach
State centric Multi level coordination
Ad hoc response Structured response
SALIENT FEATURES OF DMA (key sections)
Has 11 chapters, 79 sections
Definitions -
a. 2(d) - “disaster” means a catastrophe, mishap, calamity or grave occurrence in
any area, arising from natural or man made causes, or by accident or
negligence which results in substantial loss of life or human suffering or
damage to, and destruction of, property, or damage to, or degradation of,
environment, and is of such a nature or magnitude as to be beyond the coping
capacity of the community of the affected area;
b. 2(e) - “disaster management” means a continuous and integrated process of
planning, organising, coordinating and implementing measures which are
necessary or expedient for—
i. prevention of danger or threat of any disaster;
ii. mitigation or reduction of risk of any disaster or its severity or
consequences;
iii. Capacity-building;
iv. preparedness to deal with any disaster;
v. prompt response to any threatening disaster situation or disaster;
vi. assessing the severity or magnitude of effects of any disaster;
vii. evacuation, rescue and relief;
viii. rehabilitation and reconstruction.
NDMA - sections 3 to 7
Structure - Prime Minister is the Chairperson, ex officio; he may also appoint a
vice-chairperson; other members (not exceeding 9), nominate by Chairperson;
meetings presided by chairperson and his absence, by vice-chairperson;
Powers and functions - lay down policies and guidelines, approve disaster plans,
coordinate enforcement and implementation.
Creation of an advisory committee consisting of experts having practical experience
in the field of disaster management.
National Executive Committee - sections 8 to 10; assists NDMA in preparing National
Disaster Management Plan (NDMP);
Structure - the Secretary to the Government of India in charge of the Ministry or
Department of the Central Government having administrative control of the disaster
management, who shall be Chairperson, ex officio
Other members will include the Secretaries to the Government of India in the
Ministries or Departments having administrative control of the agriculture, atomic
energy, defence, drinking water supply, environment and forests, finance
(expenditure), health, power, rural development, science and technology, space,
telecommunication, urban development, water resources and the Chief of the
Integrated Defence Staff of the Chiefs of Staff Committee, ex officio
Can form sub-committees for smooth functioning
Main function is to assist NDMA in NDMP but other functions are-
a. act as the coordinating and monitoring body for disaster management;
b. prepare the National Plan to be approved by the National Authority;
c. coordinate and monitor the implementation of the National Policy;
d. lay down guidelines for preparing disaster management plans by different
Ministries or Departments of the Government of India and the State
Authorities;
e. provide necessary technical assistance to the State Governments and the State
Authorities for preparing their disaster management plans in accordance with
the guidelines laid down by the National Authority;
f. monitor the implementation of the National Plan and the plans prepared by the
Ministries or Departments of the Government of India.
National Plan -
c. Preparation and scope: A comprehensive National Plan is developed by the
National Executive Committee, considering input from various stakeholders
and covering the entire country.
d. Key components: The plan includes measures for disaster prevention,
mitigation, preparedness, and clearly defined roles for different government
ministries and departments.
e. Implementation and review: The plan is annually updated, financed by the
Central Government, and distributed to relevant ministries to guide their own
planning.
SDMA - sections 14 to 19, responsible for state level disaster planning,
f. Composition: Each state must establish a State Disaster Management
Authority, consisting of a Chairperson and up to nine members. The Chief
Minister serves as the Chairperson, with up to eight nominated members and
the Chairperson of the State Executive Committee.
g. Structure: The Chairperson can designate a Vice-Chairperson from among the
nominated members. The Chairperson of the State Executive Committee
serves as the Chief Executive Officer.
h. Special provisions for Union Territories: In Union Territories with Legislative
Assemblies (except Delhi), the Chief Minister chairs the Authority. In other
Union Territories, the Lieutenant Governor or Administrator chairs. For Delhi,
the Lieutenant Governor chairs, with the Chief Minister as Vice-Chairperson.
i. Can constitute an advisory committee
j. Powers and functions are same as NDMA
State Executive Committee
Purpose: Assists the State Authority, coordinates actions, and ensures compliance with state
government directions
Composition: Chaired by the Chief Secretary, with four additional State Government
Secretaries
Powers and Functions:
● The Chairperson's powers and functions are prescribed by the State
Government and delegated by the State Authority
● The committee's procedures are set by the State Government
Sub-committees:
● Can be formed as needed for efficient functioning
● Chaired by a member of the State Executive Committee
● May include external experts, who can receive allowances as prescribed
State plan -
1. Development and approval: Prepared by the State Executive Committee following
National Authority guidelines and local consultations, then approved by the State Authority.
2. Comprehensive content: Includes vulnerability assessments, prevention and mitigation
measures, integration with development plans, capacity-building strategies, and clearly
defined roles for different state departments.
3. Implementation and review: Annually updated, financed by the State Government, and
distributed to state departments to guide their own planning.
DDMA - sections 25 to 30
1. Establishment: Every state government must establish a DDMA for each district, following
the creation of the State Disaster Management Authority.
2. Composition: The DDMA consists of up to seven members, including:
● Chairperson: District Collector/Magistrate/Deputy Commissioner
● Co-Chairperson: Elected local authority representative (or Chief Executive Member
in tribal areas)
● Key district officials: Chief Executive Officer, Superintendent of Police, Chief
Medical Officer
● Additional members: Up to two other district-level officers
3. Leadership: The Chief Executive Officer, appointed by the state government (ranked
Additional Collector or above), manages the DDMA's operations and exercises powers
delegated by the authority and prescribed by the state government.
4. Powers and Functions: same as NDMA and SDMA
Measures by the government -
1. Coordination and integration: Coordinate actions across government levels and
organizations, ensure integration of disaster prevention and mitigation measures into
development plans, and allocate appropriate funds for disaster management activities.
2. Preparedness and response: Ensure ministries take necessary preparedness
measures, deploy armed forces or civilian personnel as needed, and provide
cooperation and assistance to State Governments.
3. Capacity building and international cooperation: Establish research and training
institutions, coordinate with international agencies and foreign governments, and
implement any other measures deemed necessary for effective disaster management.
2. Local authorities -
1. Training and resource management: Ensure officers and employees are trained for disaster
management and maintain readily available resources for emergency use.
2. Construction standards: Enforce compliance with disaster prevention and mitigation
standards set by national, state, and district authorities in all construction projects under their
jurisdiction.
3. Relief and reconstruction: Carry out relief, rehabilitation, and reconstruction activities in
affected areas according to State and District Plans, with the authority to take additional
necessary measures for disaster management.
National Disaster Response Force -
1. Purpose: Established to provide specialist response to threatening disaster situations or
disasters.
2. Structure: Constituted as prescribed by the Act, with specific conditions of service and
disciplinary provisions for its members.
3. Leadership: Overall superintendence, direction, and control vested in the National
Authority, while command and supervision are under a Director General appointed by the
Central Government.
National Institute of Disaster Management -
1. Establishment and structure:
- Constituted by the Central Government
- Consists of a prescribed number of members
- Governed by a body formed from its members
2. Key functions:
- Planning and promoting training and research in disaster management
- Developing national-level information base on disaster management
- Creating training modules and human resource development plans
- Assisting in policy formulation at national and state levels
- Developing educational materials and promoting awareness
3. Operational aspects:
- Functions within policies set by the National Authority
- Can undertake various activities like organizing conferences, publishing research, and
maintaining libraries
- Staffed with officers, consultants, and employees provided by the Central Government.
Finance, Accounts, and Audit
Mandates funds for disaster management at various levels including NDRF and National
Disaster Mitigation Fund.
Role of NGOs, Corporate Sector, Army and Police, and Educational Institutions in
Disaster Management
1. NGOs:
- Community outreach and awareness
- Immediate relief distribution
- Rehabilitation and reconstruction support
- Capacity building at grassroots level
2. Corporate Sector:
- Financial and logistical support
- Technical expertise and resources
- Corporate Social Responsibility (CSR) initiatives
- Business continuity planning
3. Army and Police:
- Search and rescue operations
- Evacuation assistance
- Security and law enforcement in affected areas
- Logistical support for relief distribution
4. Educational Institutions:
- Research and development in disaster management
- Training and capacity building programs
- Awareness creation among students and communities
- Providing expertise for policy formulation
OFFENCES AND PENALTIES
1. Obstruction and non-compliance: Obstructing officials or refusing to comply with
directions can result in imprisonment up to one year (or two years if lives are endangered)
and/or a fine.
2. False claims and misappropriation: Making false claims for benefits or misappropriating
relief materials can lead to imprisonment up to two years and a fine.
3. False warnings and dereliction of duty: Circulating false alarms or officials failing to
perform their duties can result in imprisonment up to one year and/or a fine.
4. Organizational responsibility: Government departments and companies can be held
accountable for offenses, with heads or responsible individuals liable for punishment unless
they prove lack of knowledge or due diligence.
5. Legal process: Prosecution for certain offenses requires prior sanction from the
government, and courts can only take cognizance of complaints from authorized entities or
individuals who have given proper notice.
POWER OF REQUISITION OF RESOURCES, PROVISIONS, VEHICLES, ETC.,
FOR RESCUE OPERATIONS, ETC.—
1. Scope of requisition: The National Executive Committee, State Executive Committee, or
District Authority can requisition resources, premises, or vehicles for prompt disaster
response, rescue operations, or transportation of resources and people.
2. Duration: The requisition period is limited to the time these resources are needed for the
specified purposes.
3. Definitions: The Act broadly defines "resources" (including human and material),
"services," "premises" (any type of structure), and "vehicles" (any mode of transport) to
ensure comprehensive coverage for disaster management needs.
PAYMENT OF COMPENSATION
1. Compensation for premises:
- Based on rent payable or comparable local rates
- Includes relocation expenses if applicable
- Disputes can be referred to an arbitrator
2. Compensation for vehicles:
- Determined by the government based on local hire rates
- Owner can request arbitration if dissatisfied with the amount
3. Dispute resolution:
- Arbitrators appointed by the government to settle disagreements on compensation amount,
title to receive compensation, or apportionment
- For vehicles under hire-purchase agreements, compensation can be apportioned between
possessor and owner, with arbitration available if needed
DIRECTION TO MEDIA FOR COMMUNICATION OF WARNINGS, ETC.
1. Authority: The National, State, or District Disaster Management Authorities can
recommend that the government direct media outlets to broadcast warnings.
2. Scope: This applies to any audio, audio-visual, or other communication means available.
3. Compliance: The designated media must comply with the direction to broadcast warnings
or advisories about threatening disaster situations.
DELEGATION OF POWERS
1. Executive Committees can delegate powers in writing.
2. Powers can be given to the Chairperson, members, or officers.
3. Delegations may include specific conditions or limitations.
POWER OF CENTRAL GOVERNMENT TO MAKE RULES
1. The Central Government can make rules for implementing the Act by issuing notifications
in the Official Gazette.
2. These rules can cover various specific matters, including:
a) Composition and terms of office for National Authority members
b) Allowances for advisory committee members
c) Powers and procedures for the National Executive Committee
d) Allowances for sub-committee members
e) Structure and governance of the National Institute of Disaster Management
f) Constitution and service conditions of the Force
g) Procedures for reporting offences
h) Format and timing of annual reports
i) Any other matters that need to be prescribed or provided for by rules
3. This section gives the Central Government broad authority to create detailed regulations
for implementing the Act's provisions.
POWER OF STATE GOVERNMENT TO MAKE RULES
1. The State Government can make rules to implement the Act by issuing notifications in the
Official Gazette.
2. These rules can cover various specific matters, including:
a) Composition and terms of office for State Authority members
b) Allowances for advisory committee members
c) Powers and procedures for the State Executive Committee
d) Allowances for sub-committee members
e) Composition and powers of the District Authority
f) Allowances for experts associated with District Authority committees
g) Any other matters that need to be prescribed or provided for by rules
3. All rules made by the State Government must be laid before the State Legislature (either
both Houses or the single House, depending on the state's structure) as soon as possible after
they are made.
