dm -5- disaster management act 2005

7/30/2019 DM -5- Disaster Management Act 2005

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Disaster Management Act

2005


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What does it provide for?

Authoritative definition of disaster and disaster management

Multilateral institutional structure for disaster management in thecountry.

National

State

District

Local authorities ( Panchayats & Municipalities)

Mandatory disaster management plans for all governmentdepartment and ministries.

Enumeration of powers and functions of various authorities in

the Act Mechanism of coordination and cooperation between the

authorities of the Act


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Measures to be adopted by various governmentdepartments and ministries for disaster management.

Power to requisition resources and services of nongovernment agencies

Provision for establishment of National Institute ofDisaster Management for planning and promotingtraining and research in the areas of disastermanagement, documentation and development ofnational level information base relating to disastermanagement policies, prevention mechanisms andmitigation measures.


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Provision for raising and maintenance and of forcetitled National Disaster Response Force for thepurpose of specialist response to a threateningdisaster situation or disaster.

Committed Finance measures for disastermanagement.

Offences for acts which may be prejudicial tomeasures adopted for disaster management.

Wide powers to central government and the stategovernments in their respective constituencies tomanage disasters.


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Objective of the Act

An Act to provide for the effective

management of disasters and for matters

connected therewith or incidental thereto.


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What is disaster?


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What is disaster management


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National Disaster Management Authority

Chapter II

Sections 3 to 13

Constituted by the Central government as persection 3 of the Act.

Consists of the Chairperson and not more

than 9 members. The Prime Minister of Indiais the ex-officio Chairperson.

Powers and functions :

Subject to the provisions of the Act, NDMA

shall have the responsibility for laying downthe policies, plans and guidelines for disastermanagement for ensuring timely and effectiveresponse to disaster.


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Functions of NDMA

Specific functions may include,

Lay down policies on disaster management

Approve the national plan

Approve the plans prepared by the ministriesor departments of the GoI

Lay down guidelines for the state authorities

Lay down guidelines for the ministries and

departments of the GoI for purpose ofintegrating the measures for prevention ofdisaster or the mitigation of its effects in theirdevelopment plans and projects.


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Functions of NDMA

Coordinate the enforcement and

implementation of the policy and plan for

disaster management

Recommend provision of funds for thepurposes of mitigation

Provide such support to other countries

affected by major disasters as may be

determined by the Central Government


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Functions of NDMA

Take such other measures for the prevention

of disaster, or the mitigation, or preparedness

and capacity building for dealing with the

threatening disaster situation or disaster as itmay consider necessary

Lay down broad policies and guidelines for

the functioning of the National Institute of

Disaster Management


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National Executive Committee

Chapter II

Sections 8 to 11

Constituted by Central Government to assist the NDMA inperformance of its functions.

Ex officio Chairperson

Secretary, (Ministry or the Department of the CentralGovernment having administrative control of the disaster

management), Government of India Ex officio Members

Secretary Agriculture, Atomic Energy, Defence, DrinkingWater Supply, Environment & Forests, Finance ( Expenditure),Health, Power, Rural Development, Science & Technology,Space, Telecommunication, Urban Development, Water

Resources Chief of the Integrated Defence Staff of the Chiefs of Staff

Committee

Such other invitee as the Chairperson of the National ExecutiveCommittee may invite to take part in any meeting.


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Chapter II

Sections 8 to 11

Powers and Functions

Assist the NDMA in the discharge of its

functions and have the responsibility for

implementing the policies and plans of theNational Authority and ensure the compliance

of directions issued by the Central

Government for the purposes of disaster

management in the country.


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Chapter II

Sections 8 to 11

Functions may include

Coordinating and monitoring body for DM

Preparation of National Plan

Coordinate and monitor implementation of national plan

Lay down guidelines for preparing disaster managementplans by M, D (GoI) & SDMAs

Technical support to SDMAs

Monitor implementation of Disaster Management plans

Monitor implementation of guidelines laid down by NDMA forintegrating measures for prevention and mitigation indevelopment plans and projects

Evaluate the preparedness at all government levels for thepurpose of any threatening disaster situation or disaster


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Chapter II

Sections 8 to 11

Plan and coordinate specialised training programme for disastermanagement

Coordinate response in the event of any threatening disastersituation

Lay down guidelines for, or give directions to the concerned M&D (GoI), State Governments & SDMAs

Requisition men and material support from any department oragency of the Government for NDMA & SDMAs

Advice, assist and coordinate the activities of various actors indisaster management

Extend technical assistance to SDMAs & DDMAs

Promote general education, awareness in relation to DisasterManagement

Perform such other functions as the NDMA may require it toperform.


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Institutional Framework for Disaster

Management in the Country.

N D M ALay down policies,

plans, guidelines &

ensure effective

response to disaster

N E C

Central

Government

its Ministriesand

departments

Guidelines,

technical assistance

MonitoringCoordination

evaluation

State

Governmentsand its

Departments

&

ministries

S

D

M

As

Other Actors in DM

NDRF GeneralSuperintendence,

Direction & controlCommand&

supervision

withDG

appointed

byCG

NIDM

AssistNDMA

Implement&

Ensurecompliance

Guidelines,

technical assistance

MonitoringCoordination

evaluation


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National Plan

Must be a plan for disaster management for the

whole of the country

Plan to be prepared by NEC having regard to

National Policy and in consultation with the state

governments and expert bodies and organisations in

the field of DM

Plan is to approved by the NDMA and is to be

reviewed and updated annually

Central Government required to make provisions for

financing the measures to be undertaken in the plan


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Functional Components of

National Plan

It includes

Measures to be taken for the prevention of

disasters, or the mitigation of their effects

Measures to be taken for integration ofmitigation measures in the development plans

Measures to be taken for preparedness and

capacity building to effectively respond to any

threatening disaster situations or disasters

The role and responsibilities of different

ministries and departments of the GoI.


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Minimum standards of relief

Section 12

Minimum standards of relief for persons affected bydisaster shall be recommended by NDMA and wouldinclude,

The minimum requirements to be provided in the relief

camps in relation to shelter, food, drinking water,medical cover and sanitation

Ex gratia assistance on account of loss of lfe as alsoassistance on account of damage to houses and forrestoration of means of livelihood

Such other relief as may be necessary The standards provided by SDMA should not be less

than that of NDMA.


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Measures by the Central Government

chapter 5

Sections 35-37

Subject to the provisions of this Act, Central Governmentshall take all such measures as it deems necessary orexpedient for the purpose of disaster management

Coordination of efforts of various government and

non-government organisations Ensure the integration of measures for prevention &

mitigation of disasters into development plans andprojects of GoI

Ensure appropriate allocation of funds

Ensure M&D (GoI) take measures for preparednessand response to any threatening disaster situation ordisaster


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Measures by the Central Government

chapter 5

Sections 35-37

Cooperation and assistance to stategovernments

Deployment of naval, military and air force forthe purposes of this Act

Coordination with international agencies andforeign governments

Establish institutions of research, training anddevelopmental programme in disaster

management Such other matter as may be expedient for

effective implementation of this Act.


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National Disaster Response Force

Chapter VIII

Ss. 44 & 45

To provide specialist response to a

threatening disaster situation or disaster

General superintendence, direction and

control of the force shall be vested in andexercised by the NDMA, and the command

and supervision shall vest in an officer

appointed by Central Government


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National Disaster Response Fund

Chapter IX

Section 46

To be constituted by the Central Government

for meeting any threatening disaster situation

or disaster

It shall be made available to the NEC to beapplied towards meeting the expenses for

emergency response, relief and rehabilitation

in accordance with guidelines laid down the

Central Government in consultation withNDMA


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National Disaster Mitigation Fund

Chapter IX

Section 47

Constituted by Central government

Exclusively for the purposes of projects

relating to mitigation

To be applied by NDMA


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Allocation of Funds by M&D (GoI)

Chapter IX

Scetion 49

To carry out its programmes set out in its DM

Plan, every ministries and departments of

Government of India must make provisions in

its annual budget. The provision applies mutatis mutandis to the

departments of the state governments.


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Punishments & Offences

Chapter X Section 51

Punishment for obstruction in discharge of functions under this Act

Refusal to comply with the directions of authorities under the Act

Section 52 Punishment for false claims of relief, assistance etc. consequent to a disaster

Section 53 Punishments for misappropriation of money or material meant for disaster

management etc.

Section 54 Punishment for false alarm or warning as to disaster leading to panic

Section 55 Offence committed by any department of the government

Section 56 Refusal to perform or withdrawal from the duty assigned under the Act by an

officer Section 57

Punishment for contravention of any order regarding requisitioning u/s 65.


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Section 61

Prohibition on the grounds of sex, caste,

community, descent or religion in providing

relief /compensation to the victims of disaster

dm -5- disaster management act 2005

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