Disaster Management Act 2005 [Bare Act with Section Notes] by Taxmann is an authoritative and up-to-date reference to India's comprehensive legal framework for disaster management. This Edition meticulously presents the text of the Act, as amended up to date, along with detailed section-wise notes, relevant judicial interpretations, allied rules, and the complete text of the Dam Safety Act 2021. The publication is designed to facilitate a robust understanding of the statutory provisions governing disaster preparedness, mitigation, response, and institutional mechanisms at national, state, district, and local levels. With the inclusion of all statutory rules and recent amendments, this book serves as an indispensable guide for readers.
This book is intended for the following audience:
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The Disaster Management Act, 2005 was enacted by the Parliament of India to provide a systematic approach to disaster preparedness, response, and mitigation across the country.
To provide for the effective management of disasters and for matters connected therewith or incidental thereto.
As per Section 2(d):
A “disaster” means a catastrophe, mishap, calamity or grave occurrence in any area, arising from natural or man-made causes (accident or negligence), which results in substantial loss of life or human suffering or damage to property and the environment.
Constituted by the Central Government.
Chaired by the Prime Minister of India.
Responsible for laying down policies, plans and guidelines for disaster management.
Constituted by the State Government.
Chaired by the Chief Minister of the State.
Implements guidelines issued by NDMA, and prepares State Plans.
Constituted at the district level.
Chaired by the District Collector/District Magistrate.
Coordinates and monitors implementation of disaster management plans at the district level.
Assists NDMA in performing its functions.
Chaired by the Home Secretary, Government of India.
A comprehensive plan for disaster management prepared by the NEC and approved by the NDMA.
Respective plans for managing disasters at state and district levels.
Central Government – Coordination, financial assistance, support to States.
State Government – Implementation of policies, establishment of SDMA/DDMA.
Local Authorities – Carry out relief, rehabilitation, and preparedness activities.
NDMA and SDMA can issue directions to various authorities for disaster response.
Both Central and State Governments can make rules to carry out the provisions of the Act.
Includes punishment for obstructing duties, making false claims, misuse of resources, and non-compliance with directives.
The Act was invoked during the COVID-19 pandemic to enforce nationwide lockdowns under Section 6(2)(i) and Section 10(2)(l).
Over-centralization of power.
Lack of community participation.
Inadequate emphasis on disaster prevention and risk reduction.
Need for better implementation and funding mechanisms.
| Taxmann Disaster Management Act 2005 |
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