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Commercial The Disaster Management Act, 2005

From Commercial Law Publishers
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Author :Commercial

Publisher :Commercial Law Publishers

ISBN No :978-9391005245

SKU :CLA377

Edition :2025

Pages :108 pages

Format :Paperback

Product Size :24.1 x 15.9 x 0.5 cm

HSN No :49011010

Country Region :India

Weight :160g

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Description

Key Features:

  1. National Disaster Management Authority (NDMA):

    • Headed by the Prime Minister of India, it formulates policies, plans, and guidelines for disaster management.

  2. State Disaster Management Authorities (SDMAs):

    • Headed by the Chief Ministers, these bodies oversee disaster management at the state level.

  3. District Disaster Management Authorities (DDMAs):

    • Headed by the District Collectors or District Magistrates, responsible for planning and implementing measures at the district level.

  4. Disaster Mitigation and Preparedness:

    • Focuses on prevention, mitigation, and preparedness in addition to disaster response and relief.

  5. Powers During Disasters:

    • Provides special powers to central and state governments to issue orders and guidelines during disasters.

  6. Punitive Measures:

    • Includes penalties for obstructing disaster response or refusing to comply with directions.

  7. Funds for Disaster Management:

    • Provision for National, State, and District Disaster Response and Mitigation Funds.

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Content

Disaster Management Act, 2005 – Full Content Overview

The Disaster Management Act, 2005 was enacted by the Parliament of India and came into force on December 26, 2005, following the 2004 Indian Ocean tsunami. It provides a legislative framework for disaster risk reduction and effective response in India.

1. Objective of the Act

The primary objective of the Act is to provide for the effective management of disasters and to establish the necessary institutional mechanisms for prevention, mitigation, preparedness, response, recovery, and rehabilitation.


2. Key Provisions and Structure

A. Institutional Framework

  1. National Disaster Management Authority (NDMA):

    • Apex body for disaster management in India.

    • Chaired by the Prime Minister.

    • Responsible for laying down policies, plans, and guidelines for disaster management.

    • Coordinates response across central and state agencies.

  2. State Disaster Management Authorities (SDMAs):

    • Headed by the Chief Minister of the state.

    • Formulates state disaster management plans and ensures coordination among different departments.

  3. District Disaster Management Authorities (DDMAs):

    • Chaired by the District Magistrate / Collector.

    • Plans and implements disaster management measures at the district level.

  4. National Executive Committee (NEC):

    • Composed of secretaries of key ministries and departments.

    • Assists the NDMA and ensures implementation of disaster management plans.


B. Disaster Management Planning

  • National Plan: Prepared by NDMA, reviewed and updated regularly.

  • State Plans: Prepared by SDMAs for managing disasters in their respective states.

  • District Plans: Prepared by DDMAs in consultation with local authorities.


C. Disaster Response and Powers

  • The Act empowers authorities to:

    • Issue directions to various departments and agencies.

    • Take necessary steps for evacuation, rescue, and relief.

    • Control and restrict movement of people and goods, if necessary.


D. Funds and Financial Mechanism

  • National Disaster Response Fund (NDRF)

  • State Disaster Response Fund (SDRF)

  • Mitigation Funds at the national, state, and district levels to promote preventive measures.


E. Penalties and Offenses

  • Obstruction of disaster management operations or non-compliance with directives is a punishable offense.

  • Individuals can face imprisonment or fines for violations.


3. Significance

  • Promotes proactive disaster risk reduction rather than reactive response.

  • Encourages community participation, public awareness, and training.

  • Establishes a legal mandate for disaster planning and risk management.


4. Criticism and Challenges

  • Implementation gaps at the state and local levels.

  • Over-centralization in disaster planning.

  • Need for better capacity building, funding, and inter-agency coordination.

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Product Summary

Commercial The Disaster Management Act, 2005

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