DISASTER MANAGEMENT ACT, 2005

The act deals with the management of disaster, it includes measures taken by the government for disaster management, role of local authorities, offences and penalties. It also mandates the establishment of the National Institute of Disaster Management.

• Act no. 53 of 2005, was passed in both Rajya Sabha (28 November 2005) and Lok Sabha (12 December 2005)
• The act came into effect from 23 December 2005, after assent from the president.
• Disaster Management Act consists: 11 Chapters , 79 Sections 
• Nodal Agency : The act designates the Ministry of Home Affairs as the nodal agency.

Institutional Structure

• NDMA: National Disaster Management Authority
  • Apex statutory body for disaster management in India 
  • Constituted under section 3
  • Chairperson : Prime Minister
  • Consists of 9 members, constituted by chairperson, 1 among 9 is chosen as vice chairperson
  • It has the power to take measures for prevention of disaster, preparedness or capacity building for dealing with the threatening situation.
  • Lays down policies plans and guidelines to ensure timely and effective response to the disaster 
  • Aims to build a disaster resilient India by a holistic, proactive, technologically driven, sustainable development strategy that involves all stakeholders and promotes a culture of prevention, preparedness and mitigation

• NEC: National Executive Committee 

• • Constituted under section 8, DM Act 
  • Chairperson : Home Secretary, Government of India
  • Assists the national authority in discharge of its functions. Responsible for implementing the policies and plans of national authority
  • Ensures compliance of directions issued by the central government for the purpose of disaster management in the country  

• National Disaster Response Force (NDRF)
  • Created for the purpose of specialties response at the time of threatening situation and disaster. Constituted under a Director General appointed by central government
  • NDRF at times works along with military forces for rescue and relief operations.

• Establishment of Funds

• • National Disaster Response Fund (NDRF): Central government constitutes NDRF for meeting any threatening disaster situation and shal make these funds available to NEC. 
  • Similarly State Disaster Relief Fund (SDRF) and District Disaster Relief Funds(DDRF) have been constituted to provide funds,at state and district level

• National Institute for Disaster Management
  • It is an institute for training and development programmes to tackle natural calamities and disasters in the country

• State Disaster Management Authority (SDMA)

• • Constituted under section 14, DM Act 
  • Chairperson : Chief Minister
  • Consists of 8 members, constituted by chairperson, 1 among 8 is chosen as vice chairperson
  • Chairperson is the Chief Executive Officer of the State Authority 

• State Executive Committee (SEC) 

• • Constituted under section 20, DM Act 
  • Chairperson : Chief Secretary to State Government 
  • Powers similar to NEC, assists the state authority in discharge of its functions. Responsible for implementing the policies and plans of state authority

• District Disaster Management Authority (DDMA)

• • Constituted under section 25, DM Act 
  • District Magistrate is the chairperson
  • Works as district planning coordination and implementing body for disaster management. It will coordinate with the two upper tiers and will plan the implementation of prevention, mitigation and preparedness at local level

      Civil and Criminal liabilities

• • In case if anyone refuse to comply with the order they are liable for punishment and imprisonment upto one year and causing social harm, may increase imprisonment to 2 years

      Challenges

• • The act does not mention provisions to declare disaster prone area, deterring the effectiveness of implementation and data collection in states
  • Repetitive disasters, their preparedness, response and ways to tackle has not been included under the act  
  • Delay in implementation of plans and policies accompanied with lack of advancement in technology also poses a challenging scenario

As said “ Preparation through education is better than learning through tragedy”, Disaster management has played a huge role preparing evacuation and warning the country to be on high alert during the massive cyclones. It has come a long way to bridge the gap between the various authorities and is taking a leap in preventing the current pandemic, but plans and policies on paper are not enough, proper implementation at the right time at ground level is necessary for quick relief of any disaster.

04/07/21

Reference

• Wikipedia
• Ndma.gov.in
• DrishtiIAS
• Youtube