NO. 53 OF 2005 [23rd December, 2005]
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 Fifty-sixth Year of the Republic of India as follows:-
(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 date 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.
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)  "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)     Organization and training of  personnel and coordination of such training for effective management of  disasters;
(c)    "Central Government"  means the Ministry or Department of the Government of India having  administrative control of disaster management;
(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;
(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;
(f)   "District Authority"  means the District Disaster Management Authority constituted under sub-section  (1) of section 25;
(g)    "District Plan" means  the plan for disaster management for the district prepared under section 31;
(h)     "Local authority"  includes panchayati raj institutions, municipalities, a district board,  cantonment board, town planning authority or Zila Parishad or any other body or  authority, by whatever name called, for the time being invested by law, for  rendering essential services or, with the control and management of civic  services, within a specified local area;
(i)    "Mitigation" means  measures aimed at reducing the risk, impact or effects of a disaster or  threatening disaster situation;
(j) "National Authority" means the National Disaster  Management Authority established under sub-section (1) of section 3;
(k) "National Executive Committee" means the Executive  Committee of the National Authority constituted under sub-section (1) of  section 8;
(l) "National Plan" means the plan for disaster management  for the whole of the country prepared under section 11;
(m) "Preparedness" means the state of readiness to deal  with a threatening disaster situation or disaster and the effects thereof;
(n) "Prescribed" means prescribed by rules made under this  Act;
(o) "Reconstruction" means construction or restoration of  any property after a disaster;
(p) "Resources" includes manpower, services, materials and  provisions;
(q) "State Authority" means the State Disaster Management  Authority established under sub-section (1) of section 14 and includes the  Disaster Management Authority for the Union territory constituted under that  section;
(r) "State Executive Committee" means the Executive  Committee of a State Authority constituted under sub-section (1) of section 20;
(s) "State Government" means the Department of Government  of the State having administrative control of disaster management and includes  Administrator of the Union territory appointed by the President under article  239 of the Constitution;
(t) "State Plan" means the plan for disaster management  for the whole of the State prepared under section 23.
(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 National Authority.
(3)       The Chairperson of the National  Authority may designate one of the members nominated under clause (b) of  sub-section (2) to be the Vice-Chairperson of the National Authority.
(4)    The term of office and  conditions of service of members of the National Authority shall be such as may  be prescribed.
(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.
5.    Appointment of officers  and other employees of the National Authority.-The  Central Government shall provide the National Authority with such officers,  consultants and employees, as it considers necessary for carrying out the  functions of the 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 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)   Approve the National Plan;
(c)   Approve plans prepared by the  Ministries or Departments of the Government of India in accordance with the  National Plan;
(d)   Lay down guidelines to be  followed by the State Authorities in drawing up the State Plan;
(e)    Lay down guidelines to be  followed by the different Ministries or Departments of the Government of India  for the purpose of integrating the measures for prevention of disaster or the  mitigation of its effects in their development plans and projects;
(f)    Coordinate the enforcement and  implementation of the policy and plan for disaster management;
(g)   Recommend provision of funds  for the purpose of mitigation;
(h)      Provide such support to other  countries affected by major disasters as may be determined by the Central  Government;
(i) 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 it may consider necessary;
(j) Lay down broad policies and guidelines for the functioning of  the National Institute of Disaster Management.
(3) The Chairperson of the National Authority shall, in the case of  emergency, have power to exercise all or any of the powers of the National  Authority but exercise of such powers shall be subject to ex post facto  ratification by the National Authority.
(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, 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.
(3)   The Chairperson of the National  Executive Committee may invite any other officer of the Central Government or a  State Government for taking part in any meeting of the National Executive  Committee and shall exercise such powers and perform such functions as may be  prescribed by the Central Government in consultation with the National Authority.
(4)    The procedure to be followed by  the National Executive Committee in exercise of its powers and discharge of its  functions shall be such as may be prescribed 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.
(2)    Without prejudice to the  generality of the provisions contained in sub-section (1), the National  Executive Committee may -
(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;
(g)    Monitor the implementation of  the guidelines laid down by the National Authority for integrating of measures  for prevention of disasters and mitigation by the Ministries or Departments in their  development plans and projects;
(h)     Monitor, coordinate and give  directions regarding the mitigation and preparedness measures to be taken by  different Ministries or Departments and agencies of the Government;
(i)    Evaluate the preparedness at  all governmental levels for the purpose of responding to any threatening  disaster situation or disaster and give directions, where necessary, for  enhancing such preparedness;
(j) Plan and coordinate specialized training programme for disaster  management for different levels of officers, employees and voluntary rescue  workers;
(k) Coordinate response  in the event of any threatening disaster situation or disaster;
(l) Lay down guidelines for, or give directions to, the concerned  Ministries or Departments of the Government of India, the State Governments and  the State Authorities regarding measures to be taken by them in response to any  threatening disaster situation or disaster;
(m) Require any department or agency of the Government to make  available to the National Authority or State Authorities such men or material  resources as are available with it for the purposes of emergency response,  rescue and relief;
(n) Advise, assist and coordinate the activities of the Ministries  or Departments of the Government of India, State Authorities, statutory bodies,  other governmental or nongovernmental organizations and others engaged in  disaster management;
(o) Provide necessary technical assistance or give advice to the  State Authorities and District Authorities for carrying out their functions  under this Act;
(p) Promote general education and awareness in relation to disaster  management; and
(q) Perform such other functions as the National Authority may  require it to perform.
(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 National Plan shall be  prepared by the National Executive Committee having regard to the National  Policy and in consultation with the State Governments and expert bodies or organizations  in the field of disaster management to be approved by the National Authority.
(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;
(c)    Measures to be taken for  preparedness and capacity building to effectively respond to any threatening  disaster situations or disaster;
(d)   Roles and responsibilities of  different Ministries or Departments of the Government of India in respect of  measures specified in clauses (a), (b) and (c).
(4)   The National Plan shall be  reviewed and updated annually.
(5)     Appropriate provisions shall be  made by the Central Government for financing the measures to be carried out  under the National Plan.
(6)    Copies of the National Plan  referred to in sub-sections (2) and (4) shall be made available to the  Ministries or Departments of the Government of India and such Ministries or  Departments shall draw up their own plans in accordance with the National Plan.
12.     Guidelines for  minimum standards of relief.-The National  Authority shall recommend guidelines for the minimum standards of relief to be  provided to persons affected by disaster, which shall include,-
(i)   The minimum requirements to be  provided in the relief camps in relation to shelter, food, drinking water,  medical cover and sanitation;
(ii)   The special provisions to be  made for widows and orphans;
(iii)    Ex gratia assistance on account  of loss of life as also assistance on account of damage to houses and for  restoration of means of livelihood;
(iv)     Such other relief as may be  necessary.
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 of fresh loans to the persons affected by disaster on such  concessional terms as may be appropriate.
(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 be nominated by the Chairperson of the State Authority;
(c) The Chairperson of  the State Executive Committee, ex officio.
(3)    The Chairperson of the State  Authority may designate one of the members nominated under clause (b) of  sub-section (2) to be the Vice-Chairperson of the State Authority.
(4)    The Chairperson of the State  Executive Committee shall be the Chief Executive Officer of the State  Authority, ex officio:
Provided that in the case of a Union territory having Legislative  Assembly, except the Union territory of Delhi, the Chief Minister shall be the  Chairperson of the Authority established under this section and in case of  other Union territories, the Lieutenant Governor or the Administrator shall be  the Chairperson of that Authority:
Provided further that the Lieutenant Governor of the Union territory  of Delhi shall be the Chairperson and the Chief Minister thereof shall be the  Vice-Chairperson of the State Authority.
(5)    The term of office and  conditions of service of members of the State Authority shall be such as may be  prescribed.
(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.
16.        Appointment of officers and other employees of State  Authority.-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;
(b)     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;
(d)    Lay down guidelines to be  followed by the departments of the Government of the State for the purposes of  integration of measures for prevention of disasters and mitigation in their  development plans and projects and provide necessary technical assistance  therefor;
(e)   Coordinate the implementation  of the State Plan;
(f)  Recommend provision of funds for mitigation and preparedness  measures;
(g)   Review the development plans of  the different departments of the State and ensure that prevention and  mitigation measures are integrated therein;
(h)    Review the measures being taken  for mitigation, capacity building and preparedness by the departments of the  Government of the State and issue such guidelines as may be necessary.
(3)    The Chairperson of the State  Authority shall, in the case of emergency, have power to exercise all or any of  the powers of the State Authority but the exercise of such powers shall be  subject to ex post facto ratification of the 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 persons affected by  disaster in the State:
Provided that such  standards shall in no case be less than the minimum standards in the guidelines  laid down by the National Authority in this regard.
(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 officio.
(3)     The Chairperson of the State  Executive Committee shall exercise such powers and perform such functions as  may be prescribed by the State Government and such other powers and functions  as may be delegated to him by the State Authority.
(4)   The procedure to be followed by  the State Executive Committee in exercise of its powers and discharge of its  functions shall be such as may be prescribed by the State Government.
21.     Constitution of sub-committees  by State Executive Committee.-(1) The State Executive Committee may, as and  when it considers necessary, constitute one or more subcommittees, 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-
(a)     Coordinate and monitor the  implementation of the National Policy, the National Plan and the State Plan;
(b)    Examine the vulnerability of  different parts of the State to different forms of disasters and specify  measures to be taken for their prevention or mitigation;
(c)    Lay down guidelines for  preparation of disaster management plans by the departments of the Government  of the State and the District Authorities;
(d)        Monitor the implementation of  disaster management plans prepared by the departments of the Government of the  State and District Authorities;
(e)     Monitor the implementation of  the guidelines laid down by the State Authority for integrating of measures for  prevention of disasters and mitigation by the departments in their development  plans and projects;
(f)    Evaluate preparedness at all  governmental or non-governmental levels to respond to any threatening disaster  situation or disaster and give directions, where necessary, for enhancing such  preparedness;
(g)   Coordinate response in the  event of any threatening disaster situation or disaster;
(h)   Give directions to any  Department of the Government of the State or any other authority or body in the  State regarding actions to be taken in response to any threatening disaster  situation or disaster;
(i)    Promote general education,  awareness and community training in regard to the forms of disasters to which  different parts of the State are vulnerable and the measures that may be taken  by such community to prevent the disaster, mitigate and respond to such disaster;
(j) Advise, assist and coordinate the activities of the Departments  of the Government of the State, District Authorities, statutory bodies and  other governmental and non-governmental organizations engaged in disaster  management;
(k) Provide necessary technical assistance or give advice to  District Authorities and local authorities for carrying out their functions  effectively;
(l) Advise the State Government regarding all financial matters in  relation to disaster management;
(m) Examine the construction, in any local area in the State and, if  it is of the opinion that the standards laid for such construction for the  prevention of disaster is not being or has not been followed, may direct the  District Authority or the local authority, as the case may be, to take such  action as may be necessary to secure compliance of such standards;
(n) Provide information  to the National Authority relating to different aspects of disaster management;
(0)     Lay down, review and update  State level response plans and guidelines and ensure that the district level  plans are prepared, reviewed and updated;
(p) Ensure that communication systems are in order and the disaster  management drills are carried out periodically;
(q) Perform such other functions as may be assigned to it by the  State Authority or as it may consider necessary.
(1)    There shall be a plan for  disaster management for every State to be called the State Disaster Management  Plan.
(2)    The State Plan shall be  prepared by the State Executive Committee having regard to the guidelines laid  down by the National Authority and after such consultation with local  authorities, district authorities and the people's representatives as the State  Executive Committee may deem fit.
(3)    The State Plan prepared by the  State Executive Committee under sub-section (2) shall be approved by the State  Authority.
(4)  The State Plan shall include,-
(a)  The vulnerability of different parts of the State to different forms  of disasters;
(b)  The measures to be adopted for prevention and mitigation of disasters;
(c)   The manner in which the  mitigation measures shall be integrated with the development plans and  projects;
(d)   The capacity-building and  preparedness measures to be taken;
(e)    The roles and responsibilities  of each Department of the Government of the State in relation to the measures  specified in clauses (b), (c) and (d) above;
(f)   The roles and responsibilities  of different Departments of the Government of the State in responding to any  threatening disaster situation or disaster.
(5)   The State Plan shall be reviewed  and updated annually.
(6)     Appropriate provisions shall be  made by the State Government for financing for the measures to be carried out  under the State Plan.
(7)    Copies of the State Plan  referred to in sub-sections (2) and (5) shall be made available to the Departments  of the Government of the State and such Departments shall draw up their own  plans in accordance with the State Plan.
24. Powers and functions of State Executive Committee  in the event of threatening disaster situation.-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 shelter, food, drinking  water, essential provisions, healthcare and services in accordance with the  standards laid down by the National Authority and State Authority;
(e)   Give direction to the concerned  Department of the Government of the State, any District Authority or other  authority, within the local limits of the State to take such measure or steps  for rescue, evacuation or providing immediate relief saving lives or property,  as may be necessary in its opinion;
(f)    Require any department of the  Government of the State or any other body or authority or person in charge of  any relevant resources to make available the resources for the purposes of  emergency response, rescue and relief;
(g)    Require experts and consultants  in the field of disasters to provide advice and assistance for rescue and  relief;
(h)    Procure exclusive or  preferential use of amenities from any authority or person as and when  required;
(i)       Construct temporary bridges or  other necessary structures and demolish unsafe structures which may be hazardous  to public;
(j) Ensure that non-governmental organizations carry out their  activities in an equitable and non-discriminatory manner;
(k) Disseminate information to public to deal with any threatening  disaster situation or disaster;
(l) Take such steps as the Central Government or the State  Government may direct in this regard or take such other steps as are required  or warranted by the form of any threatening disaster situation or disaster.
(1)     Every State Government shall,  as soon as may be after issue of notification under subsection (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 representative of  the local authority who shall be the co-Chairperson, ex officio:
Provided that in the Tribal Areas, as referred to in the Sixth  Schedule to the Constitution, the Chief Executive Member of the district  council of autonomous district, shall be the co- Chairperson, ex officio;
(c)  The Chief Executive Officer of the District Authority, ex officio;
(d)  The Superintendent of Police, ex officio;
(e) The Chief Medical Officer of the district, ex officio;
(f)  Not exceeding two other district level officers, to be appointed by  the State Government.
(3)      In any district where zila  parishad exists, the Chairperson thereof shall be the co- Chairperson of the  District Authority.
(4)   The State Government shall  appoint an officer not below the rank of Additional Collector or Additional  District Magistrate or Additional Deputy Commissioner, as the case may be, of  the district to be the Chief Executive Officer of the District Authority to  exercise such powers and perform such functions as may be prescribed by the  State Government and such other powers and functions as may be delegated to him  by the District Authority.
(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 limitations, if any, as it or he  deems fit.
27.    Meetings.-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.
29.       Appointment of  officers and other employees of District Authority.-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;
(iii)     Ensure that the areas in the  district vulnerable to disasters are identified and measures for the prevention  of disasters and the mitigation of its effects are undertaken by the  departments of the Government at the district level as well as by the local  authorities;
(iv)       Ensure that the guidelines for  prevention of disasters, mitigation of its effects, preparedness and response  measures as laid down by the National Authority and the State Authority are  followed by all departments of the Government at the district level and the  local authorities in the district;
(v)    Give directions to different  authorities at the district level and local authorities to take such other  measures for the prevention or mitigation of disasters as may be necessary;
(vi)    Lay down guidelines for  prevention of disaster management plans by the department of the Government at  the districts level and local authorities in the district;
(vii)        Monitor the implementation of  disaster management plans prepared by the Departments of the Government at the  district level;
(viii)      Lay down guidelines to be  followed by the Departments of the Government at the district level for  purposes of integration of measures for prevention of disasters and mitigation  in their development plans and projects and provide necessary technical  assistance therefor;
(ix)   Monitor the implementation of  measures referred to in clause (viii);
(x)     Review the state of  capabilities for responding to any disaster or threatening disaster situation  in the district and give directions to the relevant departments or authorities  at the district level for their up gradation as may be necessary;
(xi)    Review the preparedness  measures and give directions to the concerned departments at the district level  or other concerned authorities where necessary for bringing the preparedness  measures to the levels required for responding effectively to any disaster or  threatening disaster situation;
(xii)    Organize and coordinate  specialized training programmes for different levels of officers, employees and  voluntary rescue workers in the district;
(xiii)     Facilitate community training  and awareness programmes for prevention of disaster or mitigation with the  support of local authorities, governmental and non-governmental organizations;
(xiv)       Set up, maintain, review and  upgrade the mechanism for early warnings and dissemination of proper  information to public;
(xv)   Prepare, review and update  district level response plan and guidelines;
(xvi)   Coordinate response to any  threatening disaster situation or disaster;
(xvii)     Ensure that the Departments of  the Government at the district level and the local authorities prepare their  response plans in accordance with the district response plan;
(xviii)       Lay down guidelines for, or  give direction to, the concerned Department of the Government at the district  level or any other authorities within the local limits of the district to take  measures to respond effectively to any threatening disaster situation or  disaster;
(xix)    Advise, assist and coordinate  the activities of the Departments of the Government at the district level,  statutory bodies and other governmental and non-governmental organizations in  the district engaged in the disaster management;
(xx)    Coordinate with, and give  guidelines to, local authorities in the district to ensure that measures for  the prevention or mitigation of threatening disaster situation or disaster in  the district are carried out promptly and effectively;
(xxi)     Provide necessary technical  assistance or give advise to the local authorities in the district for carrying  out their functions;
(xxii)     Review development plans  prepared by the Departments of the Government at the district level, statutory  authorities or local authorities with a view to make necessary provisions  therein for prevention of disaster or mitigation;
(xxiii)     Examine the construction in any  area in the district and, if it is of the opinion that the standards for the  prevention of disaster or mitigation laid down for such construction is not  being or has not been followed, may direct the concerned authority to take such  action as may be necessary to secure compliance of such standards;
(xxiv)     Identify buildings and places  which could, in the event of any threatening disaster situation or disaster, be  used as relief centers or camps and make arrangements for water supply and  sanitation in such buildings or places;
(xxv)   Establish stockpiles of relief  and rescue materials or ensure preparedness to make such materials available at  a short notice;
(xxvi)     Provide information to the  State Authority relating to different aspects of disaster management;
(xxvii)     Encourage the involvement of  non-governmental organizations and voluntary social- welfare institutions  working at the grassroots level in the district for disaster management;
(xxviii)      Ensure communication systems  are in order, and disaster management drills are carried out periodically;
(xxix)    Perform such other functions as  the State Government or State Authority may assign to it or as it deems  necessary for disaster management in the District.
(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;
(c)       The capacity-building and  preparedness measures required to be taken by the Departments of the Government  at the district level and the local authorities in the district to respond to  any threatening disaster situation or disaster;
(d)   The response plans and  procedures, in the event of a disaster, providing for-
(i) Allocation of responsibilities to the Departments of the  Government at the district level and the local authorities in the district;
(ii)    Prompt response to disaster and  relief thereof;
(iii)    Procurement of essential  resources;
(iv)    Establishment of communication  link; and
(v)  The dissemination of information to the public;
(e) Such other matters as may be required by the State Authority.
(4)  The District Plan shall be reviewed and updated annually.
(5)     The copies of the District Plan  referred to in sub-sections (2) and (4) shall be made available to the  Departments of the Government in the district.
(6)    The District Authority shall  send a copy of the District Plan to the State Authority which shall forward it  to the State Government.
(7)    The District Authority shall,  review from time to time, the implementation of the Plan and issue such  instructions to different departments of the Government in the district as it  may deem necessary for the implementation thereof.
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 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:-
       Provisions for prevention and  mitigation measures as provided for in the District Plan and as is assigned to  the department or agency concerned;
          Provisions for taking measures  relating to capacity-building and preparedness as laid down in the District  Plan;
         The response plans and  procedures, in the event of, any threatening disaster situation or disaster;
(b)    Coordinate the preparation and  the implementation of its plan with those of the other organizations at the  district level including local authority, communities and other stakeholders;
(c)     Regularly review and update the  plan; and
(d)    Submit a copy of its disaster  management plan, and of any amendment thereto, to 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 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.
34.     Powers and  functions of District Authority in the event of any threatening disaster  situation or disaster.-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, conduct search and carry out rescue operations;
(e)  Provide shelter, food, drinking water and essential provisions,  healthcare and services;
(f)  Establish emergency communication systems in the affected area;
(g)  Make arrangements for the disposal of the unclaimed dead bodies;
(h)    Recommend to any Department of  the Government of the State or any authority or body under that Government at  the district level to take such measures as are necessary in its opinion;
(i)    Require experts and consultants  in the relevant fields to advise and assist as it may deem necessary;
(j) Procure exclusive or  preferential use of amenities from any authority or person;
(k) Construct temporary bridges or other necessary structures and  demolish structures which may be hazardous to public or aggravate the effects  of the disaster;
(l) Ensure that the non-governmental organizations carry out their  activities in an equitable and non-discriminatory manner;
(m) Take such other steps as may be required or warranted to be  taken in such a situation.
(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)     Coordination of actions of the  Ministries or Departments of the Government of India, State Governments,  National Authority, State Authorities, governmental and nongovernmental  organizations in relation to disaster management;
(b)      Ensure the integration of  measures for prevention of disasters and mitigation by Ministries or  Departments of the Government of India into their development plans and  projects;
(c)     Ensure appropriate allocation  of funds for prevention of disaster, mitigation, capacity- building and  preparedness by the Ministries or Departments of the Government of India;
(d)     Ensure that the Ministries or  Departments of the Government of India take necessary measures for preparedness  to promptly and effectively respond to any threatening disaster situation or  disaster;
(e)    Cooperation and assistance to  State Governments, as requested by them or otherwise deemed appropriate by it;
(f)    Deployment of naval, military  and air forces, other armed forces of the Union or any other civilian personnel  as may be required for the purposes of this Act;
(g)       Coordination with the United  Nations agencies, international organizations and governments of foreign  countries for the purposes of this Act;
(h)    Establish institutions for research,  training, and developmental programmes in the field of disaster management;
(i)     Such other matters as it deems  necessary or expedient for the purpose of securing effective implementation of  the provisions of this Act.
(3)   The Central Government may  extend such support to other countries affected by major disaster as it may  deem appropriate.
36.     Responsibilities  of Ministries or Departments of Government of India.-It shall be the responsibility of every Ministry or Department of  the Government of India to -
(a)     Take measures necessary for  prevention of disasters, mitigation, preparedness and capacity-building 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 behalf;
(d)    Review the enactments  administered by it, its policies, rules and regulations, with a view to  incorporate therein the provisions necessary for prevention of disasters,  mitigation or preparedness;
(e)   Allocate funds for measures for  prevention of disaster, mitigation, capacity-building and preparedness;
(f)   Provide assistance to the  National Authority and State Governments for-
(i)       Drawing up mitigation,  preparedness and response plans, capacity-building, data collection and identification  and training of personnel in relation to disaster management;
(ii)    Carrying out rescue and relief  operations in the affected area;
(iii)    Assessing the damage from any  disaster;
(iv)  Carrying out rehabilitation and reconstruction;
(g)    Make available its resources to  the National Executive Committee or a State Executive Committee for the  purposes of responding promptly and effectively to any threatening disaster  situation or disaster, including measures for-
(i)    Providing emergency  communication in a vulnerable or affected area;
(ii)  Transporting personnel and relief goods to and from the affected  area;
(iii)    Providing evacuation, rescue,  temporary shelter or other immediate relief;
(iv)  Setting up temporary bridges, jetties and landing places;
(v)     Providing, drinking water,  essential provisions, healthcare, and services in an affected area;
(h)   Take such other actions as it  may consider necessary for disaster management.
37. Disaster  management plans of Ministries or Departments of Government of India.- (1)  Every Ministry or Department of the Government of India shall-
(a)   Prepare a disaster management  plan specifying the following particulars, namely:-
(1)  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;
(iii)      Its roles and responsibilities  in relation to preparedness and capacity-building to deal with any threatening  disaster situation or disaster;
(iv)     Its roles and responsibilities  in regard to promptly and effectively responding to any threatening disaster  situation or disaster;
(v)   The present status of its  preparedness to perform the roles and responsibilities specified in sub-clauses  (iii) and (iv);
(vi)    The measures required to be  taken in order to enable it to perform its responsibilities specified in  sub-clauses (iii) and (iv);
(b)   Review and update annually the  plan referred to in clause (a);
(c)    Forward a copy of the plan  referred to in clause (a) or clause (b), as the case may be, to the Central  Government which Government shall forward a copy thereof to the National  Authority for its approval.
(2)    Every Ministry or Department of  the Government of India shall-
(a)     Make, while preparing disaster  management plan under clause (a) of sub-section (1), provisions for financing  the activities specified therein;
(b)    Furnish a status report  regarding the implementation of the plan referred to in clause (a) of  sub-section (1) to the National Authority, as and when required by it.
(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, local authority and other non-governmental organizations;
(b)    Cooperation and assistance in  the disaster management to the National Authority and National Executive  Committee, the State Authority and the State Executive Committee, and the  District Authorities;
(c)    Cooperation with, and  assistance to, the Ministries or Departments of the Government of India in  disaster management, as requested by them or otherwise deemed appropriate
by it;
(d)    Allocation of funds for  measures for prevention of disaster, mitigation, capacity-building and  preparedness by the departments of the Government of the State in accordance  with the provisions of the State Plan and the District Plans;
(e)    Ensure that the integration of  measures for prevention of disaster or mitigation by the departments of the  Government of the State in their development plans and projects;
(f)   Integrate in the State  development plan, measures to reduce or mitigate the vulnerability of different  parts of the State to different disasters;
(g)     Ensure the preparation of  disaster management plans by different departments of the State in accordance  with the guidelines laid down by the National Authority and the State Authority;
(h)  Establishment of adequate warning systems up to the level of  vulnerable communities;
(i)      Ensure that different  departments of the Government of the State and the District Authorities take  appropriate preparedness measures;
(j) Ensure that in a  threatening disaster situation or disaster, the resources of different  departments of the Government of the State are made available to the National  Executive Committee or the State Executive Committee or the District  Authorities, as the case may be, for the purposes of effective response, rescue  and relief in any threatening disaster situation or disaster;
(k) Provide  rehabilitation and reconstruction assistance to the victims of any disaster;  and
(l) Such other matters as it deems necessary or expedient for the  purpose of securing effective implementation of provisions of this Act.
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 measures necessary for prevention of disasters, mitigation,  preparedness and capacity-building 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 or disaster in accordance with  the State Plan, and in accordance with the guidelines or directions of the  National Executive Committee and the State Executive Committee;
(e)    Review the enactments  administered by it, its policies, rules and regulations with a view to  incorporate therein the provisions necessary for prevention of disasters,  mitigation or preparedness;
(f)   Provide assistance, as  required, by the National Executive Committee, the State Executive Committee  and District Authorities, for-
          Drawing up mitigation,  preparedness and response plans, capacity-building, data collection and  identification and training of personnel in relation to disaster management;
         Assessing the damage from any  disaster;
         Carrying out rehabilitation and  reconstruction;
(g)       Make provision for resources in  consultation with the State Authority for the implementation of the District  Plan by its authorities at the district level;
(h)    Make available its resources to  the National Executive Committee or the State Executive Committee or the  District Authorities for the purposes of responding promptly and effectively to  any disaster in the State, including measures for-
(i)    Providing emergency  communication with a vulnerable or affected area;
(ii)  Transporting personnel and relief goods to and from the affected  area;
(iii)    Providing evacuation, rescue,  temporary shelter or other immediate relief;
(iv)   Carrying out evacuation of  persons or live-stock from an area of any threatening disaster situation or  disaster;
(v)   Setting up temporary bridges,  jetties and landing places;
(vi)     Providing drinking water,  essential provisions, healthcare and services in an affected area;
(i) Such other actions as may be necessary for disaster management. 40. Disaster  management plan of departments of State.- (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 :-
(1)                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)      The roles and responsibilities  of the department of the State in the event of any threatening disaster  situation or disaster and emergency support function it is required to perform;
(iv)    Present status of its  preparedness to perform such roles or responsibilities or emergency support  function under sub-clause (iii);
(v)   The capacity-building and  preparedness measures proposed to be put into effect in order to enable the  Ministries or Departments of the Government of India to discharge their  responsibilities under section 37;
(b)  Annually review and update the plan referred to in clause (a); and
(c)    Furnish a copy of the plan  referred to in clause (a) or clause (b), as the case may be, to the State  Authority.
(2)    Every department of the State  Government, while preparing the plan under sub-section (1), shall make  provisions for financing the activities specified therein.
(3)      Every department of the State  Government shall furnish an implementation status report to the State Executive  Committee regarding the implementation of the disaster management plan referred  to in sub-section (1).
(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;
(d)      Carry out relief, rehabilitation  and reconstruction activities in the affected area in accordance with the State  Plan and the District Plan.
(2) The local authority  may take such other measures as may be necessary for the disaster management.
(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 prescribed.
(5)   The governing body of the  National Institute of Disaster Management shall exercise such powers and  discharge such functions as may be prescribed by regulations.
(6)    The procedure to be followed in  exercise of its powers and discharge of its functions by the governing body,  and the term of office of, and the manner of filling vacancies among the  members of the governing body, shall be such as may be prescribed by  regulations.
(7)     Until the regulations are made  under this section, the Central Government may make such regulations; and any  regulation so made may be altered or rescinded by the National Institute of  Disaster Management in exercise of its powers.
(8)    Subject to the provisions of  this Act, the National Institute of Disaster Management shall function within  the broad policies and guidelines laid down by the National Authority and be  responsible for planning and promoting training and research in the area of  disaster management, documentation and development of national level  information base relating to disaster management policies, prevention  mechanisms and mitigation measures.
(9) Without prejudice to the generality of the provisions contained  in sub-section (8), the National Institute, for the discharge of its functions,  may -
(a)        Develop training modules,  undertake research and documentation in disaster management and organize  training programmes;
(b)    Formulate and implement a  comprehensive human resource development plan covering all aspects of disaster  management;
(c)    Provide assistance in national  level policy formulation;
(d)     Provide required assistance to  the training and research institutes for development of training and research  programmes for stakeholders including Government functionaries and undertake  training of faculty members of the State level training institutes;
(e)      Provide assistance to the State  Governments and State training institutes in the formulation of State level  policies, strategies, disaster management framework and any other assistance as  may be required by the State Governments or State training institutes for  capacity-building of stakeholders, Government including its functionaries,  civil society members, corporate sector and people's elected representatives;
(f)       Develop educational materials  for disaster management including academic and professional courses;
(g)      Promote awareness among  stakeholders including college or school teachers and students, technical  personnel and others associated with multi-hazard mitigation, preparedness and  response measures;
(h)    Undertake, Organize and  facilitate study courses, conferences, lectures, seminars within and outside  the country to promote the aforesaid objects;
(i)      Undertake and provide for  publication of journals, research papers and books and establish and maintain  libraries in furtherance of the aforesaid objects;
(j) Do all such other lawful things as are conducive or incidental  to the attainment of the above objects; and
(k) Undertake any other  function as may be assigned to it by the Central Government.
43. Officers and  other employees of the National Institute.-The  Central Government shall provide the National Institute of Disaster Management  with such officers, consultants and other employees, as it considers necessary,  for carrying out its functions.
(1)      There shall be constituted a  National 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 Force shall be constituted in such manner and, the conditions of  service of the members of the Force, including disciplinary provisions  therefore, be such as may be prescribed.
45.    Control,  direction, etc.-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 for meeting any threatening disaster situation  or disaster 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)    The National Disaster Response  Fund shall be made available to the National Executive Committee to be applied  towards meeting the expenses for emergency response, relief and rehabilitation  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 for projects exclusively for the purpose of  mitigation 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)  The National Disaster Mitigation Fund shall be applied by 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.
(2)  The State Government shall ensure that the funds established-
(i)    Under clause (a) of sub-section  (1) is available to the State Executive Committee;
(ii)    Under sub-clause (c) of  sub-section (1) is available to the State Authority;
(iii)    Under clauses (b) and (d) of  sub-section (1) are available to the District Authority.
(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.
50.    Emergency  procurement and accounting.-Where by reason of  any threatening disaster situation or disaster, the National Authority or the  State Authority or the District 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 authorize 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 utilization  of provisions or materials by the controlling officer authorized by the  National Authority, State Authority or District Authority, as the case may be,  shall be deemed to be a valid document or voucher for the purpose of accounting  of emergency, procurement of such provisions or materials.
(a)    Obstructs any officer or  employee of the Central Government or the State Government, or a person  authorized by the National Authority or State Authority or District 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 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 results in loss of lives or imminent danger  thereof, shall on conviction be punishable with imprisonment for a term which  may extend to two years.
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, repair, reconstruction or other benefits consequent to disaster  from any officer of the Central Government, the State Government, the National  Authority, the State Authority or the District Authority, shall, on conviction  be punishable with imprisonment for a term which may extend to two years, and  also with fine.
53.       Punishment for  misappropriation of money or materials, etc.-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  willfully 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.
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 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.
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 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.
57.       Penalty for  contravention of any order regarding requisitioning.-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 committed with  the consent or connivance of or is attributable to any neglect on the part of  any director, manager, secretary or other officer of the company, such  director, manager, secretary or other officer shall also, be deemed to be  guilty of that offence and shall be liable to be proceeded against and punished  accordingly.
Explanation.-For the  purpose of this section -
(a)     "Company" means any  body corporate and includes a firm or other association of individuals; and
(b)   "Director", in  relation to a firm, means a partner in the firm.
59.      Previous sanction  for prosecution.-No prosecution for offences  punishable under sections 55 and 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 authorized in this behalf, by general or special  order, by such Government.
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  State Authority, the Central Government, the State Government, the District  Authority or any other authority or officer authorized 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  or any other authority or officer authorized as aforesaid.".
61.      Prohibition  against discrimination.-While providing  compensation and relief to the victims of disaster, there shall be no  discrimination on the ground of sex, caste, community, descent or religion.
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 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.
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, any State Executive Committee or District Authority or any person  authorized 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.
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 Executive Committee or the District 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 or any  officer as may be authorized 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 may,  by order in writing, requisition such resources or premises or such vehicle, as  the case may be, and may make such further orders as may appear to it to be  necessary or expedient in connection with the requisitioning.
(2)    Whenever any resource, premises  or vehicle is requisitioned under sub-section (1), the period of such  requisition shall not extend beyond the period for which such resource,  premises or vehicle is required for any of the purposes mentioned in that  sub-section.
(3)    In this section,-
(a)  "Resources" includes men and material resources;
(b)  "Services" includes facilities;
(c)     "Premises" means any  land, building or part of a building and includes a hut, shed or other  structure or any part thereof;
(d)    "Vehicle" means any  vehicle used or capable of being used for the purpose of transport, whether  propelled by mechanical power or otherwise.
(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 being aggrieved by the  amount of compensation so determined makes an application within the thirty  days to the Central Government or the State Government, as the case may be, for  referring the matter to an arbitrator, the amount of compensation to be paid  shall be such as the arbitrator appointed in this behalf by the Central Government  or the State Government, as the case may be, may determine:
Provided further that where there is any dispute as to the title to  receive the compensation or as to the apportionment of the amount of  compensation, it shall be referred by the Central Government or the State  Government, as the case may be, to an arbitrator appointed in this behalf by  the Central Government or the State Government, as the case may be, for  determination, and shall be determined in accordance with the decision of such  arbitrator.
Explanation.-In this sub-section, the expression "person  interested" means the person who was in actual possession of the premises  requisitioned under section 65 immediately before the requisition, or where no  person was in such actual possession, the owner of such premises.
(2) Whenever any Committee, Authority or officer, referred to in  sub-section (1) of section 65 in pursuance of that section requisitions any  vehicle, there shall be paid to the owner thereof compensation the amount of  which shall be determined by the Central Government or the State Government, as  the case may be, on the basis of the fares or rates prevailing in the locality  for the hire of such vehicle:
Provided that where the owner of such vehicle being aggrieved by the  amount of compensation so determined makes an application within the prescribed  time to the Central Government or the State Government, as the case may be, for  referring the matter to an arbitrator, the amount of compensation to be paid  shall be such as the arbitrator appointed in this behalf by the Central  Government or the State Government, as the case may be, may determine:
Provided further that where immediately before the requisitioning  the vehicle or vessel was by virtue of a hire purchase agreement in the possession  of a person other than the owner, the amount determined under this sub-section  as the total compensation payable in respect of the requisition shall be  apportioned between that person and the owner in such manner as they may agree  upon, and in default of agreement, in such manner as an arbitrator appointed by  the Central Government or the State Government, as the case may be, in this  behalf may decide.
67.     Direction to  medial for communication of warnings, etc.-The  National Authority, the State Authority, or a District 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.
68.   Authentication of  orders or decisions.-Every order or decision of  the National Authority or the National Executive Committee, the State  Authority, or the State Executive Committee or the District Authority, shall be  authenticated by such officers of the National Authority or the National  Executive Committee or, the State Executive Committee, or the District  Authority, as may be authorized by it in this behalf.
69.     Delegation of  powers.-The National Executive Committee, State  Executive Committee, 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.
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 of anything done, action taken, orders made, direction, instruction or  guidelines issued by the Central Government, National Authority, State  Government, State Authority or District Authority in pursuance of any power  conferred by, or in relation to its functions, by this Act.
72.       Act to have  overriding effect.-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.
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 the State Government or the State Authority or the  District 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 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.
74.      Immunity from  legal process.-Officers and employees of the  Central Government, National Authority, National Executive Committee, State  Government, State Authority, State Executive Committee or District 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 subsection (2), and the term of  office and conditions of service of members of the National Authority under  sub-section (4), of section 3;
(b)   The allowances to be paid to  the members of the advisory committee under sub-section (2) of section 7;
(c)   The powers and functions of the  Chairperson of the National Executive Committee under sub-section (3) of  section 8 and the procedure to be followed by the National Executive Committee  in exercise of its powers and discharge of its functions under sub-section (4)  of section 8;
(d)    Allowances to be paid to the  persons associated with the sub-committee constituted by the National Executive  Committee under sub-section (3) of section 9;
(e)    The number of members of the  National Institute of Disaster Management under subsection (2), the term of  the office and vacancies among members and the manner of filling such vacancies  under sub-section (3) and the manner of constituting the Governing Body of the  National Institute of Disaster Management under sub-section (4) of section 42;
(f)   The manner of constitution of  the Force, the conditions of service of the members of the Force, including  disciplinary provisions under sub-section (2) of section 44;
(g)    The manner in which notice of  the offence and of the intention to make a complaint to the National Authority,  the State Authority, the Central Government, the State Government or the other  authority or officer under clause (b) of section 60;
(h)    The form in which and the time within  which annual report is to be prepared under section 70;
(i)    Any other matter which is to  be, or may be, prescribed, or in respect of which provision is to be made by  rules.
(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;
(c)   Any other matter for which  under this Act provision may be made by the regulations.
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 Disaster Management 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;
(c)    The powers and functions of the  Chairperson of the State Executive Committee under sub-section (3), and the  procedure to be followed by the State Executive Committee in exercise of its  powers and discharge of its functions under sub-section (4) of section 20;
(d)    Allowances to be paid to the  persons associated with the sub-committee constituted by the State Executive  Committee under sub-section (3) of section 21;
(e)   The composition and the number  of members of the District Authority under sub-section (2), and the powers and  functions to be exercised and discharged by the Chief Executive Officer of the  District Authority under sub-section (3) of section 25;
(f)    Allowances payable to the  persons associated with any committee constituted by the District Authority as  experts under sub-section (3) of section 28;
(g)   Any other matter which is to  be, or may be, prescribed, or in respect of which provision is to be made by  rules.
(3) Every rule made by the State Government under this Act shall be  laid, as soon as may be after it is made, before each House of the State  Legislature where it consists of two Houses, or where such Legislature consists  of one House before that House.
(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.
(2)     Every order made under this  section shall be laid, as soon as may be after it is made, before each House of  Parliament or the Legislature, as the case may be.
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