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	\| imagealt = Disaster Management Act 2005		\| imagealt = Disaster Management Act 2005
	\| enacted_by = [[Parliament of India]]		\| enacted_by = [[Parliament of India]]

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{{short description|Act of Parliament of India}}
{{Use Indian English|date=October 2013}}
{{Use dmy dates|date=October 2013}}
{{Infobox legislation
| imagesize = 10000
| imagealt = Disaster Management Act 2005
| enacted_by = [[Parliament of India]]
| status = in force
}}
The '''Disaster Management Act, 2005''', (23 December 2005) No. 53 of 2005, was passed by the [[Rajya Sabha]], the upper house of the [[Parliament of India]] on 28 November, and the [[Lok Sabha]], the lower house of the Parliament, on 12 December 2005. It received the assent of The [[President of India]] on 23 December 2005. The Disaster Management [[Act of Parliament|Act]], 2005 has 11 chapters and 79 sections.<ref name="DMA,2005, 23/12">{{cite web|title=Disaster Management Act, 2005, [23rd December, 2005.] NO. 53 OF 2005|url=http://mha.nic.in/sites/upload_files/mha/files/pdf/DM_Act2005.pdf|publisher=Ministry of Home|access-date=30 July 2013|author=Parliament of India|date=23 December 2005|archive-url=https://web.archive.org/web/20160129071454/http://mha.nic.in/sites/upload_files/mha/files/pdf/DM_Act2005.pdf|archive-date=29 January 2016|url-status=dead}}</ref><ref name="meduri, 30 july">{{cite web|title=The Disaster Management Act, 2005|url=http://works.bepress.com/aparna_meduri/20|work=The ICFAI Journal of Environmental Law|publisher=The ICFAI University Press|access-date=30 July 2013|author=Aparna Meduri|pages=9–11|year=2006}}</ref> The Act extends to the whole of [[India]]. The Act provides effective management of disasters and for matters connected there with or incidental thereto."<ref name="DMA,2005, 23/12" />The main focus of this act is to provide the people who are affected with disasters, their life back and helping them.

==National Authority==
The Act calls for the establishment of National Disaster Management Authority ([[National Disaster Management Authority (India)|NDMA]]), with the [[Prime Minister of India]] as chairperson. The NDMA may have no more than nine members including a Vice-Chairperson.<ref>{{cite web|title=The Gazette of India, Extraordinary, [Part II, Section 3(i)] Notification: Disaster Management( Terms of office and Conditions of Service of members of the National Authority and payment of Allowances to members of Advisory Committee) Rules, 2006|url=http://www.ndmindia.nic.in/acts-rules/GSR597-598.pdf|publisher=Published by the controller of Publications, New Delhi 110054|access-date=20 July 2013|author=Ministry of Home|page=Section 3|date=27 September 2006}}</ref> The tenure of the members of the NDMA shall be five years.<ref name="tenure of NEC, 29/9">{{cite web|title=Notification for notifying the Disaster Management (Removal of Difficulties) Order. 2006 Providing for a tenure of 5 years for the Member of NDMa|url=http://mha.nic.in/Noti-pdf/DM-No.1619.pdf|work=The Gazette of India|publisher=Ministry of Home|access-date=30 July 2013|language=en, hi|date=27 September 2006|url-status=dead|archive-url=https://web.archive.org/web/20130203054309/http://mha.nic.in/Noti-pdf/DM-No.1619.pdf|archive-date=3 February 2013|df=dmy-all}}</ref> The NDMA which was initially established on 30 May 2005 by an executive order, was constituted under Section-3(1) of the Disaster Management Act, on 27 September 2006.<ref name="NDMA notification, 27/9">{{cite web|title=Notification for establishing NDMA,|url=http://mha.nic.in/Noti-pdf/DM-No.1617.pdf|work=The Gazette of India|publisher=Ministry of Home|access-date=30 July 2013|author=Ministry of Home|language=en, hi|date=27 September 2006|url-status=dead|archive-url=https://web.archive.org/web/20130804214411/http://mha.nic.in/Noti-pdf/DM-No.1617.pdf|archive-date=4 August 2013|df=dmy-all}}</ref> The NDMA is responsible for "laying down the policies, plans and guidelines for disaster management" and to ensure "timely and effective response to disaster". Under section 6 of the Act it is responsible for laying "down guidelines to be followed by the State Authorities in drawing up the State Plans".<ref name="DMA,2005, 23/12" />

== National Executive Committee ==
The Act under Section 8 enjoins the Central Government to Constitute a National Executive Committee (NEC) to assist the National Authority. The NEC is composed of Secretary level officers of the [[Government of India]] in the Ministries of home, agriculture, atomic energy, defence, drinking water supply, environment and forests, finance (expenditure), health, power, rural development, science and technology, space, telecommunication, urban development, and water resources, with the Home secretary serving as the Chairperson, ex officio. The Chief of the Integrated Defence Staff of the Chiefs of Staff Committee, is an ex officio member of the NEC.<ref name="DMA,2005, 23/12" /> The NEC under section of the Act is responsible for the preparation of the National Disaster Management Plan for the whole country and to ensure that it is "reviewed and updated annually".<ref name="DMA,2005, 23/12" /><ref name="meduri, 30 july" /><ref name="NEC, 29/9">{{cite web|title=Notification for constituting National Executive Committee (NEC)|url=http://mha.nic.in/Noti-pdf/DM-No.1616.pdf|work=The Gazette of India|publisher=Ministry of Home|access-date=30 July 2013|author=Ministry of Home|page=Section 3, sub section (ii)|date=27 September 2006|url-status=dead|archive-url=https://web.archive.org/web/20130203053141/http://mha.nic.in/Noti-pdf/DM-No.1616.pdf|archive-date=3 February 2013|df=dmy-all}}</ref>

== State Disaster Management Authority ==
All State Governments are mandated under Section 14 of the act to establish a State Disaster Management Authority (SDMA). The SDMA consists of the Chief Minister of the State, who is the Chairperson, and no more than eight members appointed by the Chief Minister.<ref name="DMA,2005, 23/12" />
State Executive Committee is responsible (Section 22) for drawing up the state disaster management plan, and implementing the National Plan.<ref name="DMA,2005, 23/12" />
The SDMA is mandated under section 28 to ensure that all the departments of the State prepare disaster management plans as prescribed by the National and State Authorities.<ref name="DMA,2005, 23/12" />

==District Disaster Management Authority ==
The Chairperson of District Disaster Management Authority (DDMA) will be the Collector or District Magistrate or Deputy Commissioner of the district. The elected representative of the area is member of the DDMA as an [[Ex officio member|ex officio]] co-Chairperson, (Section 25).<ref name="DMA,2005, 23/12" />

== National Disaster Response Force (NDRF) ==
The Section 44–45 of the Act provides for constituting a [[National Disaster Response Force]] "for the purpose of specialist response to a threatening disaster situation or disaster" under a Director General to be appointed by the Central Government.<ref name="DMA,2005, 23/12" /> In September 2014 Kashmir-floods NDRF along with the armed forces played a vital role in rescuing the locals and tourists, for which NDRF was awarded by the government of India.{{cn|date=August 2020}}

== Other Provisions ==
Section 42 of the Act calls for establishing a [[National Institute of Disaster Management]]. Section 46-50, mandates funds for Disaster Mitigation at various levels.<ref name="DMA,2005, 23/12" /> The Act provides for civil and criminal liabilities for those who violate the provision of the Act.<ref name="DMA,2005, 23/12" /><ref name="Martin, 2007">{{cite web|title=DISASTER MANAGEMENT ACT Farce follows disaster|url=http://www.indiatogether.org/2007/feb/rlf-disaster.htm|access-date=30 July 2013|author=Max Martin|date=8 February 2007}}</ref>

== Implementation ==
The implementation of the National Disaster Act, 2005 has been slow, and slack. On 22 July 2013 [[Indian Supreme Court]] Justices A K Patnaik and M Y Eqbal in response to a [[Public Interest Litigation]] issued notices to the Governments of [[Uttarakhand]], [[Tamil Nadu]], [[Odisha]], [[Andhra Pradesh]], [[Gujarat]], [[Rajasthan]] [[Maharashtra]] and the Central government for alleged failure to implement the Disaster Management Act, 2005. The petitioner alleged that the non-implementation of the Disaster Management Act by the Government of Uttarakhand endangered the lives of citizens. He sought "reasonable ex-gratia assistance on account of loss of life, damage to houses and for restoration of means of livelihood to victims of flash floods in Uttarakhand under the Disaster Management Act".<ref>{{cite news|url=https://timesofindia.indiatimes.com/india/Natural-calamity-prone-states-have-no-disaster-management-mechanism-PIL/articleshow/21177283.cms|title= Natural calamity prone states have no disaster management mechanism: PIL|work=Times of India|date=20 July 2013}}</ref>

== Criticism of the Act==
The act has been criticized for marginalizing [[Non-governmental organizations]] (NGOs), elected local representatives, local communities and civic group; and for fostering a hierarchical, bureaucratic, command and control, 'top down', approach that gives the central, state, and district authorities sweeping powers.<ref name="Martin, 2007" /> It is also alleged that the "Act became a law almost at the will of the bureaucrats who framed it."<ref name="Martin, 2007" />

== References ==
{{Reflist}}

== External links ==
* [https://web.archive.org/web/20130815153311/http://ndmindia.nic.in/UNDP-020811.pdf Disaster Management in India]

{{Indian legislations}}

[[Category:Emergency management in India]]
[[Category:Acts of the Parliament of India 2005]]

Disaster Management Act, 2005 - Revision history

106.203.252.180 at 05:40, 4 August 2021

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