The disaster management act, 2005
(1) This Act may be called the Disaster Management
Act, 2005.
(2) It extends to the whole of India.
(3) It shall come into force on such date1
as the Central Government may, by notification in the
Official Gazette appoint; and different dates may be appointed for different provisions of this Act and
for different States, and any reference to commencement in any provision of this Act in relation to any
State shall be construed as a reference to the commencement of that provision in that State.
In this Act, unless the context otherwise requires,---
(a) "affected area" means an area or part of the country affected by a disaster;
(b) "capacity-building" includes---
(i) identification of existing resources and resources to be acquired or created;
(ii) acquiring or creating resources identified under sub-clause (i);
(iii) organisation and
(1) With effect from such date as
the Central Government may, by notification in the Official Gazette appoint in this behalf, there shall be
established for the purposes of this Act, an authority to be known as the National Disaster Management
Authority.
(2) The National Authority shall consist of the Chairperson and such number of other members, not
exceeding nine, as may be prescribed by the Central Government and, unless the rules otherwise provide,
the National Authority shall consist of the following:
(a) the Prime Minister of India, who shall be the Chairperson of the National Authority,
ex officio;
(b) other members, not exceeding nine, to be nominated by the Chairperson of the N
(1) The National Authority shall meet as and when necessary
and at such time and place as the Chairperson of the National Authority may think fit.
(2) The Chairperson of the National Authority shall preside over the meetings of the National
Authority.
(3) If for any reason the Chairperson of the National Authority is unable to attend any meeting of the
National Authority, the Vice-Chairperson of the National Authority shall preside over the meeting.
1[5. Appointment of officers and other employees of National Authority.--- (1) The National
Authority may, with the previous approval of the Central Government, specify the number, nature and
category of officers and other employees, as is necessary to carry out its functions.
(2) The National Authority may also appoint experts and consultants as necessary to perform its
functions.
(3) The salaries and allowances payable to, and other terms and conditions of service of officers,
other employees, experts and consultants of the National Authority, shall be such as may be prescribed by
the Central Government.]
(1) Subject to the provisions of this Act, the
National Authority shall have the responsibility for laying down the policies, plans and guidelines for
disaster management for ensuring timely and effective response to disaster.
(2) Without prejudice to generality of the provisions contained in sub-section (1), the National Authority may--
(a) lay down policies on disaster management;
(b)1[(b) coordinate the preparation and approval of the National Plan;]
(c) approve plans prepared by the Ministries or Departments of the Government of India in
accordance with the National Plan;
(1) The National Authority may
constitute an advisory committee consisting of experts in the field of disaster management and having
practical experience of disaster management at the national, State or district level to make
recommendations on different aspects of disaster management.
(2) The members of the advisory committee shall be paid such allowances as may be prescribed by
the Central Government in consultation with the National Authority.
(1) The Central Government shall,
immediately after issue of notification under sub-section (1) of section 3, constitute a National Executive
Committee to assist the National Authority in the performance of its functions under this Act.
(2) The National Executive Committee shall consist of the following members, namely:—
(a) 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;
(b) the Secretaries to the Government of India in the Ministries or Departments having
administrative control of the agriculture, atomic energy, defence, drink
1[8A. National Crisis Management Committee.--- (1) The National Crisis Management Committee
constituted by the Government of India prior to the commencement of the Disaster Management
(Amendment) Act, 2025, shall be the National Crisis Management Committee for the purposes of this Act
and act as the nodal body to deal with the major disasters which have serious or national ramifications.
(2) The National Crisis Management Committee referred to in sub-section (1) shall consist of the
Cabinet Secretary as Chairperson and such other members as may be notified by the Central Government.
(3) The Chairperson of the National Crisis Management Committee may invite any other officer of
the Central Government or a State Government for taking part in any meeting of such Committee and
shall exercise such powers and per
1[8B. High Level Committee.--- (1) The High Level Committee constituted by the Government of
India prior to the commencement of the Disaster Management (Amendment) Act, 2025, shall be the High
Level Committee for the purposes of this Act which shall provide the financial assistance as envisaged
under section 46 to the State Governments in the event of a disaster and approve the financial assistance
for mitigation needs under section 47.
(2) The High Level Committee referred to in sub-section (1) shall consist of the Minister in-charge of
the Ministry or Department of the Central Government having administrative control over the disaster
management as the Chairperson and such other members as may be notified by the Central Government.]
(1) The National Executive Committee may, as and when it
considers necessary, constitute one or more sub-committees, for the efficient discharge of its functions.
(2) The National Executive Committee shall, from amongst its members, appoint the Chairperson of
the sub-committee referred to in sub-section (1).
(3) Any person associated as an expert with any sub-committee may be paid such allowances as may
be prescribed by the Central Government.
(1) The National Executive
Committee shall assist the National Authority in the discharge of its functions and have the responsibility
for implementing the policies and plans of the National Authority and ensure the compliance of directions
issued by the Central Government for the purpose of disaster management in the country.
1[(2) Without prejudice to the generality of the provisions contained in sub-section (1), the National
Executive Committee may,---
(a) act as the coordinating body for disaster management;
(b) monitor the implementation of the National Plan and the plans prepared by the Ministries or
Departments of the Government of India;
(1) There shall be drawn up a plan for disaster management for the whole of the
country to be called the National Plan.
1[(2) The National Authority shall coordinate, in consultation with the Central Government and the
State Governments and other stakeholders in the field of disaster management, for preparation and
approval of the National Plan having regard to the National Policy.]
(3) The National Plan shall include
(a) measures to be taken for the prevention of disasters, or the mitigation of their effects;
(b) measures to be taken for the integration of mitigation measures in the development plans;
<
[Guidelines for minimum standards of relief.] Omitted by the Disaster Management (Amendment)
Act, 2025 (10 of 2025), s. 9 (w.e.f. 9-4-2025).
[Relief in loan repayment, etc.] Omitted by the Disaster Management (Amendment) Act, 2025
(10 of 2025), s. 9 (w.e.f. 9-4-2025).
(1) Every State Government shall, as soon as may be after the issue of the notification under sub-section (1) of section 3, by notification in
the Official Gazette, establish a State Disaster Management Authority for the State with such name as
may be specified in the notification of the State Government.
(2) A State Authority shall consist of the Chairperson and such number of other members, not
exceeding nine, as may be prescribed by the State Government and, unless the rules otherwise provide,
the State Authority shall consist of the following members, namely:—
(a) the Chief Minister of the State, who shall be Chairperson, ex officio;
(b) other members, not exceeding eight, to
(1) The State Authority shall meet as and when necessary
and at such time and place as the Chairperson of the State Authority may think fit.
(2) The Chairperson of the State Authority shall preside over the meetings of the State Authority.
(3) If for any reason, the Chairperson of the State Authority is unable to attend the meeting of the
State Authority, the Vice-Chairperson of the State Authority shall preside at the meeting.
The State Government
shall provide the State Authority with such officers, consultants and employees, as it considers necessary,
for carrying out the functions of the State Authority.
(1) A State Authority may, as
and when it considers necessary, constitute an advisory committee, consisting of experts in the field of
disaster management and having practical experience of disaster management to make recommendations
on different aspects of disaster management.
(2) The members of the advisory committee shall be paid such allowances as may be prescribed by
the State Government.
(1) Subject to the provisions of this Act, a State
Authority shall have the responsibility for laying down policies and plans for disaster management in the
State.
(2) Without prejudice to the generality of provisions contained in sub-section (1), the State Authority
may---
(a) lay down the State disaster management policy;
1[(b) coordinate the preparation, and approve the State Plan in accordance with the guidelines laid
down by the National Authority;]
(c) approve the disaster management plans prepared by the departments of the Government of the
State;
[Guidelines for minimum standard of relief by State Authority.] Omitted by the Disaster
Management (Amendment) Act, 2025 (10 of 2025), s. 11(w.e.f. 9-4-2025).
(1) The State Government shall, immediately
after issue of notification under sub-section (1) of section 14, constitute a State Executive Committee to
assist the State Authority in the performance of its functions and to coordinate action in accordance with
the guidelines laid down by the State Authority and ensure the compliance of directions issued by the
State Government under this Act.
(2) The State Executive Committee shall consist of the following members, namely:---
(a) the Chief Secretary to the State Government, who shall be Chairperson, ex officio;
(b) four Secretaries to the Government of the State of such departments as the State Government
may think fit, ex offici
(1) The State Executive
Committee may, as and when it considers necessary, constitute one or more sub-committees, for efficient
discharge of its functions.
(2) The State Executive Committee shall, from amongst its members, appoint the Chairperson of the
sub-committee referred to in sub-section (1).
3) Any person associated as an expert with any sub-committee may be paid such allowances as may
be prescribed by the State Government.
(1) The State Executive Committee shall have
the responsibility for implementing the National Plan and State Plan and act as the coordinating and
monitoring body for management of disaster in the State.
(2) Without prejudice to the generality of the provisions of sub-section (1), the State Executive
Committee may---
1[(2) The State Authority shall coordinate the preparation of the State Plan having regard to the
National Plan and guidelines laid down by the National Authority, and in consultation with local
authorities, District Authorities, Urban Authorities and the peoples representatives as the State Authority
may deem fit.]
2[(3) The State Plan shall be approved by the State Authority.]
(4) The State Plan shall include,---
3[(a) the exposure of different parts of the State to different hazards and vulnerability of its
people, assets, in
For the purpose of, assisting and protecting the community affected by disaster or providing
relief to such community or, preventing or combating disruption or dealing with the effects of any
threatening disaster situation, the State Executive Committee may
(a) control and restrict, vehicular traffic to, from or within, the vulnerable or affected area;
(b) control and restrict the entry of any person into, his movement within and departure from, a
vulnerable or affected area;
(c) remove debris, conduct search and carry out rescue operations;
(d) provide shelt
(1) Every State Government shall,
as soon as may be after issue of notification under sub-section (1) of section 14, by notification in the
Official Gazette, establish a District Disaster Management Authority for every district in the State with
such name as may be specified in that notification.
(2) The District Authority shall consist of the Chairperson and such number of other members, not
exceeding seven, as may be prescribed by the State Government, and unless the rules otherwise provide,
it shall consist of the following, namely:
(a) the Collector or District Magistrate or Deputy Commissioner, as the case may be, of the
district who shall be Chairperson, ex officio;
(b) the elected
(1) The Chairperson of the District Authority
shall, in addition to presiding over the meetings of the District Authority, exercise and discharge such
powers and functions of the District Authority as the District Authority may delegate to him.
(2) The Chairperson of the District Authority shall, in the case of an emergency, have power to
exercise all or any of the powers of the District Authority but the exercise of such powers shall be subject
to ex post facto ratification of the District Authority.
(3) The District Authority or the Chairperson of the District Authority may, by general or special
order, in writing, delegate such of its or his powers and functions, under sub-section (1) or (2), as the case
may be, to the Chief Executive Officer of the District Authority, subject to such conditions and
limita
The District Authority shall meet as and when necessary and at such time and place
as the Chairperson may think fit.
(1) The District Authority may,
as and when it considers necessary, constitute one or more advisory committees and other committees for
the efficient discharge of its functions.
(2) The District Authority shall, from amongst its members, appoint the Chairperson of the
Committee referred to in sub-section (1).
(3) Any person associated as an expert with any committee or sub-committee constituted under
sub-section (1) may be paid such allowances as may be prescribed by the State Government.
The State Government
shall provide the District Authority with such officers, consultants and other employees as it considers
necessary for carrying out the functions of District Authority.
(1) The District Authority shall act as the district
planning, coordinating and implementing body for disaster management and take all measures for the
purposes of disaster management in the district in accordance with the guidelines laid down by the
National Authority and the State Authority.
(2) Without prejudice to the generality of the provisions of sub-section (1), the District Authority
may—
(i) prepare a disaster management plan including district response plan for the district;
(ii) coordinate and monitor the implementation of the National Policy, State Policy, National
Plan, State Plan and 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 District Authority, after consultation with the local
authorities and having regard to the National Plan and the State Plan, to be approved by the State
Authority.
(3) The District Plan shall include
(a) the areas in the district vulnerable to different forms of disasters;
(b) the measures to be taken, for prevention and mitigation of disaster, by the Departments of the
Government at the district level and local authorities in the district;
Every office of the
Government of India and of the State Government at the district level and the local authorities shall,
subject to the supervision of the District Authority,—
(a) prepare a disaster management plan setting out the following, namely:—
(i) provisions for prevention and mitigation measures as provided for in the District Plan and
as is assigned to the department or agency concerned;
(ii) provisions for taking measures relating to capacity-building and preparedness as laid
down in the District Plan;
The District Authority may by order require any officer
or any Department at the district level or any local authority to take such measures for the prevention or
mitigation of disaster, or to effectively respond to it, as may be necessary, and such officer or department
shall be bound to carry out such order.
For the purpose of assisting, protecting or providing relief to the community, in response to
any threatening disaster situation or disaster, the District Authority may—
(a) give directions for the release and use of resources available with any Department of the
Government and the local authority in the district;
(b) control and restrict vehicular traffic to, from and within, the vulnerable or affected area;
(c) control and restrict the entry of any person into, his movement within and departure from, a
vulnerable or affected area;
(d) remove debris, conduc
(1) Subject to the provisions of this Act, the Central
Government shall take all such measures as it deems necessary or expedient for the purpose of disaster
management.
(2) In particular and without prejudice to the generality of the provisions of sub-section (1), the
measures which the Central Government may take under that sub-section include measures with respect
to all or any of the following matters, namely:---
(a) 1[coordinate and monitor actions] of the Ministries or Departments of the Government of
India, State Governments, National Authority, State Authorities, governmental and non-governmental
organisations in relation to disaster management;
(a) take measures necessary for prevention of disasters, mitigation, preparedness and capacitybuilding
in accordance with the guidelines laid down by the National Authority;
(b) integrate into its development plans and projects, the measures for prevention or mitigation of
disasters in accordance with the guidelines laid down by the National Authority;
(c) respond effectively and promptly to any threatening disaster situation or disaster in
accordance with the guidelines of the National Authority or the directions of the National Executive
Committee in this beha
(1)
Every Ministry or Department of the Government of India shall—
(a) prepare a disaster management plan specifying the following particulars, namely:—
(i) the measures to be taken by it for prevention and mitigation of disasters in accordance
with the National Plan;
(ii) the specifications regarding integration of mitigation measures in its development plans in
accordance with the guidelines of the National Authority and the National Executive Committee;
(1) Subject to the provisions of this Act, each State
Government shall take all measures specified in the guidelines laid down by the National Authority and
such further measures as it deems necessary or expedient, for the purpose of disaster management.
(2) The measures which the State Government may take under sub-section (1) include measures with
respect to all or any of the following matters, namely:---
(a) coordination of actions of different departments of the Government of the State, the State
Authority, District Authorities 1[, Urban Authorities] 2[local authorities] and other non-governmental
organisations;
(b) cooperation and assistance in the disaster manage
It shall be the responsibility of
every department of the Government of a State to---
(a) take measures necessary for prevention of disasters, mitigation, preparedness and capacitybuilding
in accordance with the guidelines laid down by the National Authority and the State
Authority;
(b) integrate into its development plans and projects, the measures for prevention of disaster and
mitigation;
(c) allocate funds for prevention of disaster, mitigation, capacity-building and preparedness;
(d) respond effectively and promptly to any threatening disaster situation
(1) Every department of the State
Government, in conformity with the guidelines laid down by the State Authority, shall—
(a) prepare a disaster management plan which shall lay down the following :—
(i) the types of disasters to which different parts of the State are vulnerable;
(ii) integration of strategies for the prevention of disaster or the mitigation of its effects or
both with the development plans and programmes by the department;
(iii)
(1) Subject to the directions of the District Authority, a local
authority shall
(a) ensure that its officers and employees are trained for disaster management;
(b) ensure that resources relating to disaster management are so maintained as to be readily
available for use in the event of any threatening disaster situation or disaster;
(c) ensure all construction projects under it or within its jurisdiction conform to the standards and
specifications laid down for prevention of disasters and mitigation by the National Authority, State
Authority and the District Authority;
1[41A. Urban Disaster Management Authority.--- (1) The State Government may, by notification in
the Official Gazette, constitute a separate Urban Disaster Management Authority for their State capitals
and all cities having a Municipal Corporation, except for the National Capital Territory of Delhi and
Union territory of Chandigarh.
(2) The Urban Authority constituted under sub-section (1) shall consist of the following, namely:---
(i) the Municipal Commissioner--- Chairperson, ex officio;
(ii) the District Collector of the District concerned---Vice Chairperson, ex officio; and
(1) With effect from such date as the Central
Government may, by notification in the Official Gazette appoint in this behalf, there shall be constituted
an institute to be called the National Institute of Disaster Management.
(2) The National Institute of Disaster Management shall consist of such number of members as may
be prescribed by the Central Government.
(3) The term of office of, and vacancies among, members of the National Institute of Disaster
Management and manner of filling such vacancies shall be such as may be prescribed.
(4) There shall be a governing body of the National Institute of Disaster Management which shall be
constituted by the Central Government from amongst the members of the National Institute of Disaster
Management in such manner as may be pr
1[43. Officers, employees, experts and consultants of National Institute.--- (1) The Central
Government shall provide the National Institute of Disaster Management with such officers, other
employees and consultants, as it considers necessary, for carrying out its functions.
(2) The National Institute may recruit experts as per norms approved by the Central Government to
perform such functions as provided in sub-section (9) of section 42.
(3) The salaries, allowances payable to officers and employees and the other terms and conditions of
their service shall be such as may be prescribed.]
1[44A. State Disaster Response Force.---(1) The State Government may, by notification in the
Official Gazette, constitute a State Disaster Response Force for the purpose of specialist response to a
threatening disaster situation or disaster.
(2) Subject to the provisions of this Act, the State Disaster Response Force shall be constituted in
such manner, with such functions and the terms and conditions of service of the members of such Force
shall be such as may be prescribed by the State Government concerned.]
The general superintendence, direction and control of the Force shall
be vested and exercised by the National Authority and the command and supervision of the Force shall
vest in an officer to be appointed by the Central Government as the Director General of the National
Disaster Response Force.
(1) The Central Government may, by notification in the
Official Gazette, constitute a fund to be called the National Disaster Response Fund 1[for meeting
different aspects of disaster management] and there shall be credited thereto---
(a) an amount which the Central Government may, after due appropriation made by Parliament
by law in this behalf provide;
(b) any grants that may be made by any person or institution for the purpose of disaster
management.
2[(2) The Fund constituted under sub-section (1), shall be applied in accordance with the guidelines
laid down by the Central Government in consultation with the National Authority.]
(1) The Central Government may, by notification in the
Official Gazette, constitute a Fund to be called the National Disaster Mitigation Fund 1[for meeting
disaster mitigation needs] and there shall be credited thereto such amount which the Central Government
may, after due appropriation made by Parliament by law in this behalf, provide.
2[(2) The Fund constituted under sub-section (1), shall be applied in accordance with the guidelines
laid down by the Central Government in consultation with the National Authority.]
(1) The State Government shall, immediately
after notifications issued for constituting the State Authority and the District Authorities, establish for the
purposes of this Act the following funds, namely:---
(a) the fund to be called the State Disaster Response Fund;
(b) the fund to be called the District Disaster Response Fund;
(c) the fund to be called the State Disaster Mitigation Fund;
(d) the fund to be called the District Disaster Mitigation Fund.
1[(2) The State Government shall en
(1) Every Ministry or Department of the
Government of India shall make provisions, in its annual budget, for funds for the purposes of carrying
out the activities and programmes set out in its disaster management plan.
(2) The provisions of sub-section (1) shall, mutatis mutandis, apply to departments of the Government
of the State.
Where by reason of any threatening disaster
situation or disaster, the National Authority or the State Authority or the District Authority 1[or the Urban
Authority] is satisfied that
immediate procurement of provisions or materials or the immediate application of resources are necessary
for rescue or relief,---
(a) it may authorise the concerned department or authority to make the emergency procurement
and in such case, the standard procedure requiring inviting of tenders shall be deemed to be waived;
(b) a certificate about utilisation of provisions or materials by the controlling officer authorised by
the National Authority, State Authority or District Authority 1[or Urban Authority], as the case may be, shall be deemed to
be a v
Whoever, without reasonable cause---
(a) obstructs any officer or employee of the Central Government or the State Government, or a
person authorised by the National Authority or State Authority or District Authority 1[or Urban
Authority] in the discharge
of his functions under this Act; or
(b) refuses to comply with any direction given by or on behalf of the Central Government or the
State Government or the National Executive Committee or the State Executive Committee or the
District Authority 1[or Urban
Authority] under this Act,
shall on conviction be punishable with imprisonment for a term which may extend to one year or with
fine, or with both, and if such obstruction or refusal to comply with directions re
Whoever knowingly makes a claim which he knows or has reason
to believe to be false for obtaining any relief, assistance, repair, reconstruction or other benefits
consequent to disaster from any officer of the Central Government, the State Government, the National
Authority, the State Authority 1[, the District Authority or the Urban Authority], shall, on conviction be punishable with
imprisonment for a term which may extend to two years, and also with fine.
Whoever, being entrusted with
any money or materials, or otherwise being, in custody of, or dominion over, any money or goods, meant
for providing relief in any threatening disaster situation or disaster, misappropriates or appropriates for his
own use or disposes of such money or materials or any part thereof or wilfully compels any other person
so to do, shall on conviction be punishable with imprisonment for a term which may extend to two years,
and also with fine.
Whoever makes or circulates a false alarm or warning as to
disaster or its severity or magnitude, leading to panic, shall on conviction, be punishable with
imprisonment which may extend to one year or with fine.
(1) Where an offence under this Act has been
committed by any Department of the Government, the head of the Department shall be deemed to be
guilty of the offence and shall be liable to be proceeded against and punished accordingly unless he
proves that the offence was committed without his knowledge or that he exercised all due diligence to
prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been
committed by a Department of the Government and it is proved that the offence has been committed with
the consent or connivance of, or is attributable to any neglect on the part of, any officer, other than the
head of the Department, such officer shall be deemed to be guilty of that offence and shall be liable to be
proceeded against and punished accordingly.
1[1] Any officer, on whom any duty has been imposed by or under this Act and who ceases or
refuses to perform or withdraws himself from the duties of his office shall, unless he has obtained the
express written permission of his official superior or has other lawful excuse for so doing, be punishable
with imprisonment for a term which may extend to one year or with fine.
1[(2) Notwithstanding any action under sub-section (1), it shall be lawful for the State Government on
its own or on the directions given by the Central Government to take such disciplinary action under the
relevant rules, against any officer who ceases or refuses to perform or withdraws himself from the duties
of his office or on grounds of insubordination or dereliction of duty during a disaster:
Provided that the action taken by the
If any person contravenes
any order made under section 65, he shall be punishable with imprisonment for a term which may extend
to one year or with fine or with both.
(1) Where an offence under this Act has been committed by a company
or body corporate, every person who at the time the offence was committed, was in charge of, and was
responsible to, the company, for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished
accordingly:
Provided that nothing in this sub-section shall render any such person liable to any punishment
provided in this Act, if he proves that the offence was committed without his knowledge or that he
exercised due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been
committed by a company, and it is proved that the offence was comm
No prosecution for offences punishable under sections 55
1[and sub-section (1) of section 56] shall be instituted except with the previous sanction of the Central Government or the State
Government, as the case may be, or of any officer authorised in this behalf, by general or special order, by
such Government.
No court shall take cognizance of an offence under this Act except on
a complaint made by---
(a) the National Authority, the State Authority, the Central Government, the State Government,
the District Authority 1[, the Urban Authority] or any other authority or officer authorised in this behalf by that Authority or
Government, as the case may be; or
(b) any person who has given notice of not less than thirty days in the manner prescribed, of the
alleged offence and his intention to make a complaint to the National Authority, the State Authority,
the Central Government, the State Government, the District Authority 1[, the Urban Authority] or any other authority or
officer authorised as aforesaid.
1[60A. Power of Central Government or State Government to take action in relation to nature
of hazard and punishment for its contravention.--- (1) The Central Government or the State
Government may, by notification in the Official Gazette, require any person to take any action or refrain
from taking any action, in relation to the nature of the hazard, which in the opinion of the Central
Government or the State Government, as the case may be, is required for reducing the impact of a
disaster.
(2) Any notification issued under this section shall be valid for a period specified therein or six
months, whichever is earlier.
(3) Whoever contravenes the provisions of this section shall be liable to pay a penalty as specified in
the notification of the Central Government or the State Government, as the case may be:
Prov
While providing 1*** relief to the victims of disaster,
there shall be no discrimination on the ground of sex, caste, community, descent or religion.
Notwithstanding anything contained in any
other law for the time being in force, it shall be lawful for the Central Government to issue direction in
writing to the Ministries or Departments of the Government of India, or the National Executive
Committee or the State Government, State Authority, State Executive Committee, statutory bodies or any
of its officers or employees, as the case may be, to facilitate or assist in the disaster management and such
Ministry or Department or Government or Authority, Executive Committee, statutory body, officer or
employee shall be bound to comply with such direction.
Any officer or authority of the Union or a
State, when requested by the National Executive Committee, any State Executive Committee or District
Authority 1[or Urban Authority] or any person authorised by such Committee or Authority in this behalf, shall make available to
that Committee or authority or person, such officers and employees as requested for, to perform any of
the functions in connection with the prevention of disaster or mitigation or rescue or relief work.
Subject to the provisions of this
Act, if it appears to the National Executive Committee, State Executive Committee or the District
Authority 1[or the Urban Authority], as the case may be, that provisions of any rule, regulation, notification, guideline, instruction,
order, scheme or bye-laws, as the case may be, are required to be made or amended for the purposes of
prevention of disasters or the mitigation thereof, it may require the amendment of such rules, regulation, notification, guidelines, instruction, order, scheme or bye-laws, as the case may be, for that purpose, and
the appropriate department or authority shall take necessary action to comply with the requirements.
(1) If
it appears to the National Executive Committee, State Executive Committee or District Authority
1[or Urban Authority] or any officer as may be authorised by it in this behalf that---
(a) any resources with any authority or person are needed for the purpose of prompt response;
(b) any premises are needed or likely to be needed for the purpose of rescue operations; or
(c) any vehicle is needed or is likely to be needed for the purposes of transport of' resources from
disaster affected areas or transport of resources to the affected area or transport in connection with
rescue, rehabilitation or reconstruction,
such authority
(1) Whenever any Committee, Authority or officer referred to in
sub-section (1) of section 65, in pursuance of that section requisitions any premises, there shall be paid to
the persons interested compensation the amount of which shall be determined by taking into consideration
the following, namely:—
(i) the rent payable in respect of the premises, or if no rent is so payable, the rent payable for
similar premises in the locality;
(ii) if as consequence of the requisition of the premises the person interested is compelled to
change his residence or place of business, the reasonable expenses (if any) incidental to such change:
Provided that where any person interested bei
The National Authority, the State
Authority 1[, a District Authority or an Urban Authority] may recommend to the Government to give direction to any authority or
person in control of any audio or audio-visual media or such other means of communication as may be
available to carry any warning or advisories regarding any threatening disaster situation or disaster, and
the said means of communication and media as designated shall comply with such direction.
Every order or decision of the National Authority or
the National Executive Committee, the State Authority, or the State Executive Committee 1[, a District
Authority or an Urban Authority], shall be authenticated by such officers of the National Authority or the
National Executive Committee or, the State Executive Committee 1[, a District Authority or an Urban
Authority], as may be authorised by it in this behalf.
The National Executive Committee, State Executive Committee
1[National Authority, State Authority, District Authority or Urban Authority], as the case may be, by
general or special order in writing, may delegate to the Chairperson or any other member or to any
officer, subject to such conditions and limitations, if any, as may be specified in the order, such of its
powers and functions under this Act as it may deem necessary.
(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 true and full account of its activities during the
previous year and copies thereof shall be forwarded to the Central Government and that Government shall
cause the same to be laid before both Houses of Parliament within one month of its receipt.
(2) The State Authority shall prepare once in every year, in such form and at such time as may be
prescribed, an annual report giving a true and full account of its activities during the previous year and
copies thereof shall be forwarded to the State Government and that Government shall cause the same to
be laid before each House of the State Legislature where it consists of two Houses, or where such
Legislature consists of one House, before that House.
No court (except the Supreme Court or a High Court) shall have
jurisdiction to entertain any suit or proceeding in respect of anything done, action taken, orders made,
direction, instruction or guidelines issued by the Central Government, National Authority, State
Government, State Authority 1[, District Authority or Urban Authority] in pursuance of any power conferred by, or in relation
to its functions, by this Act.
The provisions of this Act, shall have effect, notwithstanding
anything inconsistent therewith contained in any other law for the time being in force or in any instrument
having effect by virtue of any law other than this Act.
No suit or prosecution or other proceeding shall lie in any court
against the Central Government or the National Authority or the State Government or the State Authority
or the District Authority 1[or the Urban Authority] or local authority or any officer or employee of the Central Government or the
National Authority or the State Government or the State Authority or the District Authority 1[or the Urban Authority] or local
authority or any person working for on behalf of such Government or authority in respect of any work
done or purported to have been done or intended to be done in good faith by such authority or
Government or such officer or employee or such person under the provisions of this Act or the rules or
regulations made thereunder.
Officers and employees of the Central Government, National
Authority, National Executive Committee, State Government, State Authority, State Executive
Committee 1[, District Authority or Urban Authority] shall be immune from legal process in regard to any warning in respect
of any impending disaster communicated or disseminated by them in their official capacity or any action
taken or direction issued by them in pursuance of such communication or dissemination.
(1) The Central Government may, by
notification in the Official Gazette, make rules for carrying out the purposes 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 National Authority under sub-section (2),
and the term of office and conditions of service of members of the National Authority under
sub-section (4), of section 3;
1[(aa) the salaries, allowances and other terms and conditions of service of officers, other
employees, experts and consultants of the National Authority under sub-section (3)
(1) The National Institute of Disaster Management, with the
previous approval of the Central Government may, by notification in the Official Gazette, make
regulations consistent with this Act and the rules made thereunder to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may
provide for all or any of the following matters, namely:—
(a) powers and functions to be exercised and discharged by the governing body;
(b) procedure to be followed by the governing body in exercise of the powers and discharge of its
functions;
<
1[76A. Power of National Authority to make regulations.--- Without prejudice to the provisions of
section 76, the National Authority, with the previous approval of the Central Government may, by
notification in the Official Gazette, make regulations, other than regulations made under section 76,
consistent with the provisions of this Act and the rules made thereunder to carry out the purposes of this
Act.]
Every rule made by the Central
Government and every regulation made by the National Institute of Disaster Management 1[and the
National Authority] under this Act
shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session,
for a total period of thirty days which may be comprised of one session or in two or more successive
sessions, and if, before the expiry of the session immediately following the session or the successive
sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses
agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or
annulment shall be without prejudice to the validity of anything previously done under that rule or
regulation.
(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;
(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.
1[(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 nec
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