Full Text
REGISTERED NO. DL-(N)04/0007/2003-24
The Gazette of India
CG-DL-E-01082024-255990
EXTRAORDINARY
PART II - Section 2
PUBLISHED BY AUTHORITY
No. 13] NEW DELHI, THURSDAY, AUGUST 1, 2024/SRAVANA 10, 1946 (SAKA)
Separate paging is given to this Part in order that it may be filed as a separate compilation.
LOK SABHA
The following Bill was introduced in Lok Sabha on 1st August, 2024:-
Bill No. 98 of 2024
A Bill to amend the Disaster Management Act, 2005.
BE it enacted by Parliament in the Seventy-fifth Year of the Republic of India as
follows:-
1. (1) This Act may be called the Disaster Management (Amendment) Act, 2024.
(2) It shall come into force on such date as the Central Government may, by
notification in the Official Gazette, appoint.
Short title and
commencement.
Amendment of
section 2.
2. In section 2 of the Disaster Management Act, 2005 (hereinafter referred to
as the principal Act), —
(i) in clause (d), the following Explanation shall be inserted, namely:—
‘Explanation. For the removal of doubts, it is hereby clarified
that the expression “man made causes” does not include any law and
order related matter or situation, or any situation arising from a law and
order related matter or situation;';
(ii) after clause (d), the following clause shall be inserted, namely:-
'(da) "disaster database" means a database which includes disaster
assessment, fund allocation detail, expenditure, preparedness and
mitigation plan, risk register according to type and severity of risk and
such other relevant matters, in accordance with such policy, as may be
determined by the Central Government;';
(iii) in clause (е),—
(a) in sub-clause (viii), for the words "rehabilitation and
reconstruction", the words “rehabilitation, recovery and reconstruction"
shall be substituted;
(b) the following Explanation shall be inserted, namely:-
‘Explanation. For the purposes of this clause, the
expression "disaster management" is inclusive of “disaster risk
reduction", that is, the practice of reducing disaster risk through
systematic effort to analyse and manage the causal facts of disaster
through-
(i) reduced exposure to hazard;
(ii) reduced vulnerability of people, property, infrastructure,
economic activity, environmental and natural resource; and
(iii) improved preparedness, resilience and capacity to
manage and respond to adverse event;';
(iv) after clause (e), the following clause shall be inserted, namely:—
'(ea) "disaster risk" means the potential loss of life, injury,
destroyed or damaged property, infrastructure and assets, economic and
social disruption and environmental degradation, which could occur to
a system, society or a community in a specific period of time, determined
probabilistically as a function of hazard, exposure, vulnerability and
capacity.
Explanation. For the purposes of this Act, the expression
"infrastructure" refers to physical structures, facilities, networks,
systems and assets, which provide services that are essential to the
social, ecological and economic functioning of a community or
society;';
(v) after clause (g), the following clauses shall be inserted, namely:—
'(ga) "evacuation” means moving people or assets temporarily to
safer places before, during or after the occurrence of a hazardous event;
(gb) "exposure" means the situation of people, buildings,
infrastructure, production capacities and other tangible human assets,
the environment and natural resources located in hazard-prone areas.
Explanation. For the purposes of this clause, the expression
“hazard-prone areas" means those locations where different hazards are
known to have occurred or likely to occur;
53 of 2005.
(gc) "hazard" means a process or phenomenon relating to a disaster
that may cause-
(a) loss of life;
(b) injury or other health impacts;
(c) damage to property, buildings and infrastructure;
(d) social and economic disruption; or
(e) environmental degradation;
(gd) "High Level Committee" means the Committee constituted
under section 8B;';
(vi) in clause (h), after the words "Zila Parishad", the words "or
Autonomous District Council" shall be inserted;
(vii) in clause (i), after the word “situation”, the words “including the
provisioning of disaster-resilient infrastructure” shall be inserted;
(viii) after clause (j), the following clause shall be inserted, namely:—
'(ja) "National Crisis Management Committee" means the
Committee constituted under section 8A;';
(ix) after clause (1), the following clause shall be inserted, namely:-
'(la) "National Policy" means a statement of guiding principles,
and broad course of actions adopted by the Government at the national
and state level in pursuit of,-
(a) national objectives of reducing disaster risk and loss;
(b) improving preparedness; and
(c) ensuring resilient recovery from disaster;';
(x) for clause (m), the following clause shall be substituted, namely:—
'(m) "preparedness" means the knowledge and capacity of
Government, response and recovery organisation, community and
individual to anticipate, respond to and recover from threatening disaster
situation or disaster;';
(xi) after clause (n), the following clause shall be inserted, namely:-
'(na) “prevention” means activity and measure to avoid potential
adverse impact of disaster;';
(xii) for clause (o), the following clauses shall be substituted, namely:-
'(o) "reconstruction" means rebuilding and restoration of
infrastructure, service, building and facility required for the functioning
of a community affected by a disaster;
(oa) "recovery" means the restoration or improvement of
economic, physical, social, cultural and environmental assets, system
and activity, of a disaster-affected community;
(ob) "rehabilitation” means the restoration of basic service, facility
and capacity for the functioning of a disaster-affected community;
(oc) "resilience" means the ability of a system, community or
society exposed to hazards to resist, absorb, respond to and recover from
the effects of a hazard in a timely and efficient manner and the
expression "resilient” shall be construed accordingly;';
Amendment of
section 3.
(xiii) after clause (p), the following clause shall be inserted, namely:-
'(pa) "response" means the action taken directly before, during or
after a disaster in order to save lives, reduce injury and health impact,
ensure public safety and meet the basic subsistence needs of the people
affected;';
(xiv) after clause (t), the following clauses shall be inserted, namely:-
“(u) “Urban Authority" means the Urban Disaster Management
Authority constituted under sub-section (1) of section 41A;
(v) "Urban Plan" means the plan for disaster management,
prepared by the Urban Authority under sub-section (4) of section 41A;
(w) "vulnerability” means the conditions determined by physical,
social, economic and environmental factor or process which increase the
susceptibility of an individual, a community, asset, infrastructure or
system to the impact of hazard.'.
3. In section 3 of the principal Act, after sub-section (3), the following
sub-section shall be inserted, namely:—
"(34) The day-to-day functions of the National Authority shall be
performed by the Vice-Chairperson and in the absence of the Vice-Chairperson,
by a member designated by the Chairperson or, as the case may be, the
Vice-Chairperson, of the National Authority.".
Substitution of
new section for
section 5.
4. For section 5 of the principal Act, the following section shall be substituted,
namely:-
"5. (1) The National Authority may, with the previous approval of the
Central Government, specify the number, nature and category of officers and
other employees, as is necessary to carry out its functions.
(2) The National Authority may also appoint experts and consultants as
necessary to perform its functions.
(3) The salaries and allowances payable to, and other terms and
conditions of service of officers, other employees, experts and consultants of
the National Authority, shall be such as may be prescribed by the Central
Government.".
Appointment of
officers and
other employees
of National
Authority.
Amendment of
section 6.
5. In section 6 of the principal Act, in sub-section (2), —
(i) for clause (b), the following clause shall be substituted, namely:-
"(b) coordinate the preparation and approval of the National
Plan;";
(ii) in clause (i), after the words “take such other measures", the words
"which includes providing technical guidance to State Governments and State
Authorities" shall be inserted;
(iii) after clause (j), the following clauses shall be inserted, namely:-
'(k) coordinate and monitor the implementation of the National
Policy;
(1) lay down guidelines for preparing disaster management plan by
different Ministries or Departments of the Central Government and the
State Authorities;
(m) provide necessary technical guidance to the State Governments
and the State Authorities for preparing their disaster management plans in
accordance with the guidelines laid down by it;
(n) provide necessary advice and technical guidance to different
Ministries or Departments and agencies of the Government of India, and
the State Governments regarding mitigation, preparedness, and recovery
and reconstruction measures;
(o) take stock of the entire range of disaster risks in the country
periodically, including emerging disaster risks, and issue updated
guidance for their mitigation.
Explanation. For the purposes of this clause, it is hereby clarified
that the expression “emerging disaster risks" refer to risks of those
disasters that may not have taken place, but may occur in future due to
extreme climate events and other factors as may be determined by the
National Authority;
(p) plan and co-ordinate specialised training programmes for
disaster management for different levels of officers, employees and
voluntary rescue workers;
(q) provide necessary technical guidance or give advice to the State
Authorities, District Authorities and Urban Authorities for carrying out
their functions under this Act;
(r) promote general education and awareness in relation to disaster
management;
(s) monitor the implementation of the guidelines laid down by the
National Authority for integrating disaster prevention and mitigation
measures in the development plans and projects of Ministries or
Departments of the Government of India;
(t) undertake disaster preparedness assessment of each State
periodically, in line with the National Plan and the guidelines laid down
by it;
(u) undertake in the aftermath of severe disaster in any State, post
disaster audit of preparedness and response activities of the State;
(v) create a national disaster database in accordance with such
policy as may be determined by the Central Government;
(w) recommend guidelines for the minimum standards of relief to
be provided to persons affected by disaster, which may 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 provision 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; and
(iv) such other reliefs as the National Authority may deem
appropriate.'.
6. After section 8 of the principal Act, the following sections shall be inserted,
namely:-
“8A. (1) The National Crisis Management Committee constituted by the
Government of India prior to the commencement of the Disaster Management
(Amendment) Act, 2024, shall be the National Crisis Management Committee
for the purposes of this Act and act as the nodal body to deal with the major
disasters which have serious or national ramifications.
Insertion of new
sections 8A and
8B.
National Crisis
Management
Committee.
High Level
Committee.
(2) The National Crisis Management Committee referred to in
sub-section (1) shall consist of the Cabinet Secretary as Chairperson and such
other members as may be notified by the Central Government.
(3) The Chairperson of the National Crisis Management Committee may
invite any other officer of the Central Government or a State Government for
taking part in any meeting of such Committee and shall exercise such powers
and perform such functions as the Central Government may determine.
(4) The procedure to be followed by the National Crisis Management
Committee, in exercise of its powers and discharge of its functions, shall be
such as may be prescribed by the Central Government.
8B. (1) The High Level Committee constituted by the Government of
India prior to the commencement of the Disaster Management (Amendment)
Act, 2024, shall be the High Level Committee for the purposes of this Act
which shall provide the financial assistance as envisaged under section 46 to
the State Governments in the event of a disaster and approve the financial
assistance for mitigation needs under section 47.
(2) The High Level Committee referred to in sub-section (1) shall consist
of the Minister in-charge of the Ministry or Department of the Central
Government having administrative control over the disaster management as
the Chairperson and such other members as may be notified by the Central
Government.".
Amendment of
section 10.
7. In section 10 of the principal Act, for sub-section (2), the following
sub-section shall be substituted, namely:-
'(2) Without prejudice to the generality of the provisions contained in
sub-section (1), the National Executive Committee may,—
(a) act as the coordinating body for disaster management;
(b) monitor the implementation of the National Plan and the plans
prepared by the Ministries or Departments of the Government of India;
(c) monitor, coordinate and give directions regarding the
mitigation and preparedness measures to be taken by different
Ministries or Departments and agencies of the Government of India;
(d) evaluate the preparedness at all governmental levels for the
purpose of responding to any threatening disaster situation or disaster
and provide necessary advice, where necessary, for enhancing such
preparedness;
(e) coordinate response in the event of any threatening disaster
situation or disaster;
(f) lay down guidelines, or give directions to, Ministries or
Departments of the Government of India, the State Governments and the
State Authorities concerned regarding measures to be taken by them in
response to any threatening disaster situation or disaster;
(g) require any Ministry or Department or agency of the
Government to make available to the Central Government or State
Government such men or material resources as are available with it for
the purposes of emergency response, rescue and relief;
(h) advise, assist and co-ordinate the activities of the Ministries or
Departments of the Government of India, State Governments, statutory
bodies, other governmental or non-governmental organisations and
others engaged in disaster management;
(i) in the event of a disaster or a threatening disaster situation
affecting more than one State, issue directions for:-
(i) coordination between the States concerned;
(ii) containment measures as deemed necessary;
(iii) monitoring and forecasting the effects of the disaster
across multiple States;
(iv) deployment of specialised teams, material resources and
equipment;
(v) requisitioning of necessary resources and technical
capacities from public and private entities and their
deployment towards reducing the impact of the disaster;
(vi) adequate public awareness measures; and
(vii) coordination of support to individuals and communities
affected by containment measures; and
(j) perform such other functions as it may deem appropriate.
Explanation. For the purposes of this section, it is hereby clarified that
the expression “containment measures" means the actions and strategies
adopted at the individual, community, district, State, multi-State or national
levels aimed at controlling or slowing the spread of a disaster from its initial
focal area.'.
Amendment of
section 11.
8. In section 11 of the principal Act,-
(i) for sub-section (2), the following sub-section shall be substituted,
namely:-
"(2) The National Authority shall coordinate, in consultation with
the Central Government and the State Governments and other
stakeholders in the field of disaster management, for preparation and
approval of the National Plan having regard to the National Policy.";
(ii) for sub-section (4), the following sub-section shall be substituted,
namely:-
"(4) The National Authority shall review the National Plan once in
every three years and update at least once in every five years.”.
Omission of
sections 12 and 13.
9. Sections 12 and 13 of the principal Act shall be omitted.
Amendment of
section 18.
10. In section 18 of the principal Act, in sub-section (2),—
(i) for clause (b), the following clause shall be substituted, namely:-
"(b) co-ordinate the preparation, and approve the State Plan in
accordance with the guidelines laid down by the National Authority;";
(ii) after clause (c), the following clause shall be inserted, namely:-
"(ca) approve the District Plan and Urban Plan, prepared by the
District Authorities and Urban Authorities respectively, in accordance
with the National Plan and State Plan;";
(iii) after clause (h), the following clauses shall be inserted, namely:—
"(i) take stock of the entire range of disaster risks in the State,
periodically including emerging disaster risks, and take necessary
measures for their mitigation;
(j) coordinate and monitor the implementation of the National
Policy, the National Plan and the State Plan;
(k) lay down guidelines for preparation of disaster management
plan by the Departments of the Government of the State, the District
Authorities and the Urban Authorities;
(1) 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;
(m) provide necessary technical assistance or give advice to the
District Authorities, local authorities and Urban Authorities for
carrying out their functions effectively;
(n) provide information to the National Authority relating to
different aspects of disaster management;
(o) lay down guidelines for standards of relief to persons affected
by disasters 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;
(p) maintain the State disaster database and provide inputs to the
National disaster database.".
Omission of
section 19.
11. Section 19 of the principal Act shall be omitted.
Amendment of
section 20.
12. In section 20 of the principal Act, in sub-section (2), after clause (b), the
following clause shall be inserted, namely:-
"(c) the Director General of Police of the State shall be member of the
State Executive Committee, ex officio.".
Amendment of
section 22.
13. In section 22 of the principal Act, in sub-section (2), —
(i) clauses (a) and (c) shall be omitted;
(ii) in clause (d), for the words “and District Authorities”, the words
", the District Authorities and the Urban Authorities" shall be substituted;
(iii) clause (i) shall be omitted;
(iv) in clause (j), after the words "District Authorities", the words
", Urban Authorities," shall be inserted;
(v) clause (k) shall be omitted;
(vi) in clause (m), for the words "District Authority or the local
authority", the words "District Authority, Urban Authority or the local
authority" shall be substituted;
(vii) clause (n) shall be omitted.
Amendment of
section 23.
14. In section 23 of the principal Act,-
(i) for sub-section (2), the following sub-section shall be substituted,
namely:-
"(2) The State Authority shall coordinate the preparation of the
State Plan having regard to the National Plan and guidelines laid down
by the National Authority, and in consultation with local authorities,
District Authorities, Urban Authorities and the people's representatives
as the State Authority may deem fit.";
(ii) for sub-section (3), the following sub-section shall be substituted,
namely:-
"(3) The State Plan shall be approved by the State Authority.";
(iii) in sub-section (4), for clause (a), the following clause shall be
substituted, namely:-
"(a) the exposure of different parts of the State to different
hazards and vulnerability of its people, assets, infrastructure, livelihood
and economic activity to those hazards;";
(iv) for sub-section (5), the following sub-section shall be substituted,
namely:-
"(5) The State Authority shall review the State Plan once in every
three years and update atleast once in every five years.".
Amendment of
section 24.
15. In section 24 of the principal Act, in clause (e), after the words "any
District Authority", the words “, any Urban Authority" shall be inserted.
Amendment of
section 25.
16. In section 25 of the principal Act, in sub-section (2), for clause (f), the
following clause shall be substituted, namely:-
"(f) not exceeding two other Members to be appointed by the State
Government who may be taken from other district level officers, disaster
management experts and civil society organisation.”.
Amendment of
section 31.
17. In section 31 of the principal Act, in sub-section (4), for the word
"annually", the words "at least once in every two years or earlier as necessary"
shall be substituted.
Amendment of
section 35.
18. In section 35 of the principal Act, in sub-section (2),—
(i) in clause (a), for the words "coordination of actions", the words
"coordinate and monitor actions" shall be substituted;
(ii) clauses (b) and (d) shall be omitted;
(iii) after clause (h), the following clause shall be inserted, namely:-
"(ha) notify the Ministries or Departments of the Government of
India which shall have the responsibility for monitoring, early warning,
prevention, mitigation, preparedness and capacity building with regard
to disasters arising from various hazards;".
Amendment of
section 36.
19. In section 36 of the principal Act,—
(i) for clause (f), the following clause shall be substituted, namely:—
"(f) provide assistance to the National Authority and State
Government for drawing up mitigation, preparedness and response
plans, capacity building, data collection and identification and training
of personnel in relation to disaster management;";
(ii) in clause (g), after sub-clause (v), the following sub-clauses shall be
inserted, namely:-
"(vi) carrying out rescue and relief operations in the affected area;
(vii) assessing the damage from any disaster; and
(viii) carrying out the rehabilitation and re-construction;".
Amendment of
section 38.
20. In section 38 of the principal Act, in sub-section (2), —
(i) in clause (a),—
(a) after the words "District Authorities", the words ", Urban
Authorities" shall be inserted;
(b) for the words "local authority", the words "local authorities"
shall be substituted;
(ii) in clause (b), for the words "and the District Authorities", the
words "the District Authorities and the Urban Authorities" shall be
substituted;
(iii) in clause (d), for the words "and the District Plans", the words “,
the District Plans and the Urban Plans" shall be substituted;
(iv) in clause (i), for the words "and the District Authorities", the words
", the District Authorities and the Urban Authorities" shall be substituted;
(v) after clause (i), the following clause shall be inserted, namely:—
"(ia) notify State-specific hazard-wise nodal Departments, which
shall have the responsibility for monitoring, early warning, prevention,
mitigation, preparedness and capacity building with regard to disasters
arising from those State-specific hazards;";
(vi) in clause (j), for the words "or the District Authorities", the words
", the District Authorities or the Urban Authorities" shall be substituted;
(vii) for clause (k), the following clause shall be substituted, namely:—
"(k) provide recovery and reconstruction assistance to the victims
of any disaster; and".
Amendment of
section 39.
21. In section 39 of the principal Act,—
(a) in clause (f), for the words "and District Authorities", the words
"District Authorities and Urban Authorities" shall be substituted;
(b) in clause (g), after the words "authorities at the district level", the
words "and the Urban Plan by the Urban Authorities" shall be inserted;
(c) in clause (h), after the words “District Authorities”, the words “or
the Urban Authorities" shall be inserted.
Amendment of
section 41.
22. In section 41 of the principal Act, in sub-section (1), after clause (d), the
following clause shall be inserted, namely:-
"(e) prepare a disaster management plan as referred to in section 32.".
Insertion of new
section 41A.
23. After section 41 of the principal Act, the following section shall be
inserted, namely:-
'41A. (1) The State Government may, by notification in the Official
Gazette, constitute a separate Urban Disaster Management Authority for
their State capitals and all cities having a Municipal Corporation, except for
the National Capital Territory of Delhi and Union territory of Chandigarh.
(2) The Urban Authority constituted under sub-section (1) shall consist
of the following, namely:-
(i) the Municipal Commissioner-Chairperson, ex officio;
(ii) the District Collector of the District concerned-Vice
Chairperson, ex officio; and
(iii) such other members, with such pay and allowances as may
be determined by the State Government─members.
(3) The Urban Authority may have a separate Secretariat at such place
in the district as may be determined by the State Government.
(4) The Urban Authority shall be responsible for preparation of Urban
Plan, which shall be approved by the State Authority.
(5) The Urban Authority shall be responsible for coordinating the
implementation of the Urban Plan.
Urban Disaster
Management
Authority.
(6) The other functions and powers and such other matters relating to
the Urban Authority shall be such as may be prescribed by the State
Government.
Explanation. For the purposes of this section, the expression
"Municipal Corporation" means a Municipal Corporation as referred to in
clause (c) of article 243Q of the Constitution.'.
Substitution of
new section for
section 43.
24. For section 43 of the principal Act, the following section shall be
substituted, namely:—
"43. (1) The Central Government shall provide the National Institute of
Disaster Management with such officers, other employees and consultants,
as it considers necessary, for carrying out its functions.
(2) The National Institute may recruit experts as per norms approved
by the Central Government to perform such functions as provided in
sub-section (9) of section 42.
(3) The salaries, allowances payable to officers and employees and the
other terms and conditions of their service shall be such as may be
prescribed.".
Officers,
employees,
experts and
consultants of
National
Institute.
Amendment of
Chapter VIII.
25. In Chapter VIII of the principal Act, for the heading, the heading
"DISASTER RESPONSE FORCE" shall be substituted.
Insertion of new
section 44A.
26. After section 44 of the principal Act, the following section shall be
inserted, namely:-
"44A. (1) The State Government may, by notification in the Official
Gazette, constitute a State 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 State Disaster Response
Force shall be constituted in such manner, with such functions and the terms
and conditions of service of the members of such Force shall be such as may
be prescribed by the State Government concerned.".
State Disaster
Response Force.
Amendment of
section 46.
27. In section 46 of the principal Act, -
(i) in sub-section (1), for the words "for meeting any threatening
disaster situation or disaster", the words "for meeting different aspects of
disaster management” shall be substituted;
(ii) for sub-section (2), the following sub-section shall be substituted,
namely:-
"(2) The Fund constituted under sub-section (1), shall be applied
in accordance with the guidelines laid down by the Central
Government in consultation with the National Authority.".
Amendment of
section 47.
28. In section 47 of the principal Act,-
(i) in sub-section (1), for the words "for projects exclusively for the
purpose of mitigation", the words "for meeting disaster mitigation needs"
shall be substituted;
(ii) for sub-section (2), the following sub-section shall be substituted,
namely:-
"(2) The Fund constituted under sub-section (1), shall be applied
in accordance with the guidelines laid down by the Central
Government in consultation with the National Authority.".
Amendment of
section 48.
29. In section 48 of the principal Act, for sub-section (2), the following
sub-section shall be substituted, namely:—
"(2) The State Government shall ensure that the funds established-
(i) under clauses (a) and (c) of sub-section (1) are available to the
State Executive Committee and the State Authority respectively and
are applied as per the guidelines issued by the Central Government in
consultation with the National Authority;
(ii) under clauses (b) and (d) of sub-section (1) are available to
the District Authority.".
Amendment of
section 50.
30. In section 50 of the principal Act, -
(i) in the opening portion, after the words "or the District Authority",
the words "or the Urban Authority" shall be inserted;
(ii) in clause (b), after the words “or District Authority", the words "or
Urban Authority” shall be inserted.
Amendment of
section 51.
31. In section 51 of the principal Act,—
(i) in clause (a), after the words "or District Authority", the words "or
Urban Authority” shall be inserted;
(ii) in clause (b), after the words “or the District Authority", the words
"or the Urban Authority" shall be inserted.
Amendment of
section 52.
32. In section 52 of the principal Act, for the words "or the District
Authority", the words “, the District Authority or the Urban Authority" shall be
substituted.
Amendment of
section 56.
33. Section 56 of the principal Act shall be numbered as sub-section (1)
thereof, and after sub-section (1) as so numbered, the following sub-section shall
be inserted, namely:-
"(2) Notwithstanding any action under sub-section (1), it shall be
lawful for the State Government on its own or on the directions given by the
Central Government to take such disciplinary action under the relevant rules,
against any officer who ceases or refuses to perform or withdraws himself
from the duties of his office or on grounds of insubordination or dereliction
of duty during a disaster:
Provided that the action taken by the State Government shall not be
inconsistent with the directions given by the Central Government.”.
Amendment of
section 59.
34. In section 59 of the principal Act, for the word and figures "and 56", the
words, brackets and figures "and sub-section (1) of section 56" shall be
substituted.
Amendment of
section 60.
35. In section 60 of the principal Act, in clause (a) and clause (b), after the
words "the District Authority", the words ", the Urban Authority" shall be
inserted.
Insertion of new
section 60A.
36. After section 60 of the principal Act, the following section shall be
inserted, namely:-
“60A.(1) The Central Government or the State Government may, by
notification in the Official Gazette, require any person to take any action or
refrain from taking any action, in relation to the nature of the hazard, which
in the opinion of the Central Government or the State Government, as the
case may be, is required for reducing the impact of a disaster.
Power of Central
Government or
State
Government to
take action in
relation to nature
of hazard and
punishment for
its
contravention.
(2) Any notification issued under this section shall be valid for a period
specified therein or six months, whichever is earlier.
(3) Whoever contravenes the provisions of this section shall be liable
to pay a penalty as specified in the notification of the Central Government or
the State Government, as the case may be:
Provided that the penalty referred to in this sub-section shall not
exceed ten thousand rupees.".
Amendment of
section 61.
37. In section 61 of the principal Act, the words “compensation and” shall be
omitted.
Amendment of
section 63.
38. In section 63 of the principal Act, after the words “or District Authority",
the words "or Urban Authority" shall be inserted.
Amendment of
section 64.
39. In section 64 of the principal Act, after the words "or the District
Authority", the words “or the Urban Authority” shall be inserted.
Amendment of
section 65.
40. In section 65 of the principal Act,—
(i) in sub-section (1), in the opening portion, after the words "or
District Authority", the words "or Urban Authority" shall be inserted;
(ii) in sub-section (3), for clause (a), the following clause shall be
substituted, namely:-
"(a) "resources" includes human and material resources, and
equipment;".
Amendment of
section 67.
41. In section 67 of the principal Act, for the words “or a District Authority",
the words ", a District Authority or an Urban Authority" shall be substituted.
Amendment of
section 68.
42. In section 68 of the principal Act, for the words "or the District
Authority" occurring at both the places, the words “, a District Authority or an
Urban Authority" shall be substituted.
Amendment of
section 69.
43. In section 69 of the principal Act, after the words "State Executive
Committee", the words “National Authority, State Authority, District Authority or
Urban Authority" shall be inserted.
Amendment of
section 71.
44. In section 71 of the principal Act, for the words “or District Authority",
the words ", District Authority or Urban Authority" shall be substituted.
Amendment of
section 73.
45. In section 73 of the principal Act, after the words “the District Authority"
occurring at both the places, the words “or the Urban Authority" shall be inserted.
Amendment of
section 74.
46. In section 74 of the principal Act, for the words “or District Authority”,
the words ", District Authority or Urban Authority" shall be substituted.
Amendment of
section 75.
47. In section 75 of the principal Act, in sub-section (2), —
(i) after clause (a), the following clause shall be inserted, namely:—
"(aa) the salaries, allowances and other terms and conditions of
service of officers, other employees, experts and consultants of the
National Authority under sub-section (3) of section 5;";
(ii) after clause (c), the following clause shall be inserted, namely:-
"(ca) the procedure to be followed by the National Crisis
Management Committee in exercise of its powers and discharging of
its functions under sub-section (4) of section 8A;";
(iii) after clause (e), the following clause shall be inserted, namely:—
"(ea) the salaries, allowances and the other terms and conditions
of service of officers and other employees of the National Institute
under sub-section (3) of section 43;".
Insertion of new
section 76A.
48. After section 76 of the principal Act, the following section shall be
inserted, namely:-
"76A. Without prejudice to the provisions of section 76, the National
Authority, with the previous approval of the Central Government may, by
notification in the Official Gazette, make regulations, other than regulations
made under section 76, consistent with the provisions of this Act and the
rules made thereunder to carry out the purposes of this Act.".
Power of National
Authority to
make
regulations.
Amendment of
section 77.
49. In section 77 of the principal Act, after the words “National Institute of
Disaster Management”, the words “and the National Authority” shall be inserted.
Amendment of
section 78.
50. In section 78 of the principal Act, in sub-section (2), after clause (f), the
following clauses shall be inserted, namely:—
"(fa) the powers, functions and other matters relating to Urban
Authority under sub-section (6) of section 41A;
(fb) the manner of constitution of State Disaster Response Force, its
functions and the terms and conditions of service of members of such Force
under sub-section (2) of section 44A;".
Amendment of
section 79.
51. In section 79 of the principal Act, after sub-section (1) and the proviso
thereunder, the following sub-section shall be inserted, namely:—
"(14) Notwithstanding anything contained in sub-section (1), if any
difficulty arises in giving effect to the provisions of this Act as amended by
the Disaster Management (Amendment) Act, 2024, the Central Government
may, by order published in the Official Gazette, make such provisions not
inconsistent with the provisions of this Act, as may appear to it to be
necessary or expedient for removing the difficulty:
Provided that no such order shall be made under this sub-section after
the expiry of a period of three years from the date of commencement of the
Disaster Management (Amendment) Act, 2024.".
STATEMENT OF OBJECTS AND REASONS
The Disaster Management Act, 2005 (the Act) was enacted to provide for the
effective management of disasters and for matters connected therewith or
incidental thereto.
2. The main purpose of the Act was to put in place necessary institutional
mechanisms for drawing up and monitoring the implementation of disaster
management plans, ensuring measures by various wings of Government for
prevention of and mitigating the effects of disasters and for undertaking a holistic,
coordinated and prompt response to any disaster or threatening disaster situation.
3. For achieving the said purpose, certain Authorities and Committees were
established at the national level, state level and District level. In addition, the Act
enumerated the measures to be taken up by the Ministries and Departments of the
Government of India and mandated that every Ministry or Department would carry
out the nodal responsibilities in respect of disaster management.
4. Due to the constant endeavour of the Central Government for
mainstreaming the Disaster Management in the development plans, aligning with
the recommendations of the Fifteenth Finance Commission, learnings from past
disasters, and experience gained during the implementation of the Act, the Disaster
Management Act, 2005 has been reviewed in consultation with all stakeholders
including State Governments.
5. In view of above, it has become necessary to amend certain provisions of
the Act in the form of a Bill, namely, the Disaster Management (Amendment) Bill,
2024 which, inter alia, provides for the following, namely:—
(i) to bring more clarity and convergence in the roles of Authorities and
Committees working in the field of disaster management;
(ii) to provide statutory status to certain pre-Act organisations like the
National Crisis Management Committee and the High Level Committee;
(iii) to strengthen the efficient working of the National Disaster
Management Authority and the State Disaster Management Authorities;
(iv) to empower the National Disaster Management Authority and the
State Disaster Management Authorities to prepare the disaster plan at
national level and state level instead of the National Executive Committee
and the State Executive Committee;
(v) to provide for creation of disaster database at national and state
level;
(vi) to make provision for constitution of “Urban Disaster Management
Authority" for State Capital and large cities having Municipal Corporation;
and
(vii) to make provision for constitution of “State Disaster Response
Force" by the State Government.
6. The Notes on Clauses explain in detail the various provisions contained in
the Bill.
7. The Bill seeks to achieve the above objectives.
NEW DELHI;
The 30th July, 2024.
AMIT SHAH.
Notes on Clauses
Clause 1 of the Bill seeks to provide for short title and commencement of the
proposed legislation.
Clause 2 of the Bill seeks to modify and substitute some definitions and
incorporate new definitions in section 2, such as disaster risk, evacuation, Exposure,
recovery, rehabilitation, resilience, Urban Authority, etc.
Clause 3 of the Bill seeks to insert a new sub-section (3A) in section 3 to
authorise the Vice-Chairperson or any Member of the National Authority to perform
the day-to-day functions of the Authority.
Clause 4 of the Bill seeks to substitute section 5 related to appointment of
officers, other employees, consultants and experts and to empower the Central
Government to make rules with respect to their terms and conditions of service.
Clause 5 of the Bill seeks to substitute clause (b) in sub-section (2) of
section 6 for assigning the function of coordination of preparation of National Plan
to the National Authority; to modify clause (i) in sub-section (2) of section 6 to bring
more clarity on the type of measures to be taken by the National Authority under
this clause; and to insert new clauses from (k) to (w) in sub-section (2) in section 6
to bring more clarity on roles of National Authority, by assigning policy, plans and
guidelines related functions of National Executive Committee and to assign new
functions to the National Authority.
Clause 6 of the Bill seeks to insert new section 8A in section 8, to bring the
existing National Crisis Management Committee, a nodal body to deal with major
disasters, under the Act and to insert a new section 8B, to bring the existing
High Level Committee under the Act, for approval of financial assistance.
Clause 7 of the Bill seeks to substitute sub-section (2) in section 10, to bring
more clarity on roles of National Executive Committee, by retaining coordination
and response related functions and assigning new functions to it in case of disasters
or threatening disaster situation affecting more than one State.
Clause 8 of the Bill seeks to substitute sub-section (2) in section 11 to make
provision that the National Authority will coordinate the preparation of the
National Plan and approve it; and to modify sub-section (4) in section 11 to make
the review and updation of National Plan, every three years and at least once in five
years respectively.
Clause 9 of the Bill seeks to omit sections 12 and 13 related to "Guidelines
for minimum standards of relief” and “Relief in loan repayment etc.” respectively.
Clause 10 of the Bill seeks to modify clause (b) in sub-section (2) of
section 18 for assigning the function of coordination of preparation of State Plan to
the State Authority; to insert new clause (ca) in sub-section (2) of section 18, for
assigning the role of approval of District Plan and Urban Plan, prepared by the
District Authorities and Urban Authorities respectively, to State Authority; and to
insert new clauses (i) to (p) in sub-section (2) of section 18 by assigning policy,
plans and guidelines related functions of State Executive Committee and to assign
new functions to State Authority.
Clause 11 of the Bill seeks to omit section 19 related to "Guidelines for
minimum standards of relief by State Authority".
Clause 12 of the Bill seeks to insert new clause (c) in sub-section (2) of
section 20 making Director General of Police of the State a member of State
Executive Committee, ex officio.
Clause 13 of the Bill seeks to omit clauses (a), (c), (i), (k) and (n) in
sub-section (2) of section 22, as these functions have been transferred to the State
Authority; and to insert certain words related to Urban Authority in clauses (d), (j)
and (m) of sub-section (2) of section 22.
Clause 14 of the Bill seeks to substitute sub-sections (2) and (3) of section 23,
for assigning the coordination, preparation and approval of State Plan to the State
Authority; to substitute clause (a) under sub-section (4) in section 23, for including
hazard and vulnerability profile of different parts of the State in the State Plan; and
to substitute sub-section (5) of section 23 to make the review and updation of State
Plan, every three years and at least once in five years.
Clause 15 of the Bill seeks to insert the words "any Urban Authority" after the
words "any District Authority" in clause (e) of section 24 and this amendment is
consequential in nature.
Clause 17 of the Bill seeks to modify sub-section (4) of section 31, in order to
make the periodicity of revision of District Plan at least once in two years or earlier,
if necessary.
Clause 18 of the Bill seeks to modify clause (a) of sub-section (2) of
section 35; to omit clauses (b) and (d) under sub-section (2) of section 35, as these
functions are covered under section 10 (2) (c) and (d); and to insert new clause (ha)
in sub-section (2) of section 35, to notify the Ministries or Departments of the
Government of India for assigning responsibility for monitoring, early warning etc.
of various hazards.
Clause 19 of the Bill seeks to substitute clause (f) of section 36 to clearly
demarcate the functions of National Disaster Management Authority and National
Executive Committee; and to insert new clauses (vi), (vii) & (viii) after
sub-clause (v) in clause (g) of section 36, by shifting certain responsibilities of
Ministries or Department of Government of India towards the National Executive
Committee.
Clause 20 of the Bill seeks, inter-alia, to insert new clause (ia) in
sub-section (2) of section 38, to notify State-specific hazard wise nodal Departments
for assigning responsibility for monitoring, early warning etc. for State specific
hazards; and to substitute the existing clause (k) in sub-section (2) in section 38, to
change "rehabilitation and reconstruction assistance" to "recovery and
reconstruction assistance".
Clause 21 of the Bill seeks, inter-alia, to insert the words "Urban Authorities"
in clauses (f), (g) and (h) of section 39 and this amendment is consequential in
nature.
Clause 22 of the Bill seeks to insert new clause in sub-section (1) after
clause (d) of section 41, to assign functions regarding preparation of disaster
management plan to Urban Authority.
Clause 23 of the Bill seeks to insert new section 41A to enable State
Governments to constitute Urban Disaster Management Authority for State capitals
and cities having Municipal Corporation, with its composition, functions and
enabling provision for its Secretariat other than National Capital Territory of Delhi
and Union territory of Chandigarh.
Clause 24 of the Bill seeks to substitute section 43 relating to "Officers,
employees, experts and consultants of National Institute of Disaster Management
and to empower the Central Government to prescribe their terms and conditions of
service.
Clause 25 of the Bill seeks to amend the heading of Chapter VIII to “DISASTER
RESPONSE FORCE".
Clause 26 of the Bill seeks to insert new section 44A to enable State
Government to constitute the State Disaster Response Force for strengthening
disaster response capability of States.
Clause 27 of the Bill seeks to substitute certain words in sub-section (1) of
section 46 related to constitution of National Disaster Response Fund by the Central
Government for meeting different aspects of disaster management; and further to
substitute sub-section (2) in section 46 to reflect the role of the laid down guidelines
in application of Response Fund.
Clause 28 of the Bill seeks to substitute certain words in sub-section (1) of
section 47 related to disaster mitigation needs; and further to substitute
sub-section (2) in section 47 to reflect the role of the laid guidelines in application
of Mitigation Fund.
Clause 29 of the Bill seeks to substitute sub-section (2) of section 48 to reflect
the role of laid guidelines by the Central Government in application of State Disaster
Response Fund and State Disaster Mitigation Fund.
Clause 30 of the Bill seeks to insert the words “or Urban Authority" after the
words "or the District Authority" in section 50 and the said amendment is
consequential in nature.
Clause 31 of the Bill seeks to insert the words "or Urban Authority" after the
words "or the District Authority" in clauses (a) and (b) of section 51 and the said
amendment is consequential in nature.
Clause 32 of the Bill seeks to substitute certain words with the words "the
District Authority or the Urban Authority" in section 52 and the said amendment is
consequential in nature.
Clause 33 of the Bill seeks to re-number section 56 as sub-section (1) of
section 56; and further to insert sub-section (2) in section 56, to empower the State
Government, on its own or on the directions given by the Central Government, to
take such disciplinary action against any officer on grounds of insubordination or
dereliction of duty etc. during a disaster, with a provision that action taken by the
State Government shall not be inconsistent with the directions given by the Central
Government in this regard.
Clause 34 of the Bill seeks to substitute the figures "56" with “sub-section (1)
of section 56" and the said amendment is consequential in nature.
Clause 35 of the Bill seeks to insert the words "the Urban Authority" after the
words "the District Authority" in clause (a) and clause (b) of section 60 and the said
amendment is consequential in nature.
Clause 36 of the Bill seeks to insert a new section 60A to empower the Central
and the State Governments to direct any person to take any action or refrain from
taking any action for reducing the impact of a disaster and to impose a penalty not
exceeding ten thousand rupees.
Clause 37 of the Bill seeks to omit the word "compensation" in section 61, as
the Governments provide only relief and not compensation to the victims of
disasters.
Clause 38 of the Bill seeks to insert the words "or Urban Authority" after the
words "or District Authority" in section 63 and the said amendment is consequential
in nature.
Clause 39 of the Bill seeks to insert the words "or the Urban Authority" after
the words "or the District Authority" in section 64 and the said amendment is
consequential in nature.
Clause 40 of the Bill seeks to insert the words "or Urban Authority" after the
words "or District Authority" in sub-section (1) of section 65; and to modify
clause (a) of sub-section (3) of that section to include human and material resources
and equipment.
Clause 41 of the Bill seeks to substitute the words ", a District Authority or an
Urban Authority" for the words “or a District Authority” in section 67 and the said
amendment is consequential in nature.
Clause 42 of the Bill seeks to substitute the words ", a District Authority or an
Urban Authority" for the words “or the District Authority" occurring at both places
in section 68 and the said amendment is consequential in nature.
Clause 43 of the Bill seeks to insert the words “National Authority, State
Authority, District Authority, Urban Authority" after the words “State Executive
Committee" in section 69 to enable them to delegate power to their Chairperson.
Clause 44 of the Bill seeks to substitute the words ", District Authority or
Urban Authority" for the words “or District Authority" in section 71 and the said
amendment is consequential in nature.
Clause 45 of the Bill seeks to insert the words "or the Urban Authority" after
the words "the District Authority” occurring at both places in section 73 and the said
amendment is consequential in nature.
Clause 46 of the Bill seeks to substitute the words ", District Authority or
Urban Authority" for the words “or District Authority" in section 74 and the said
amendment is consequential in nature.
Clause 47 of the Bill empowers the Central Government to make rules in
certain matters.
Clause 48 of the Bill seeks to insert a new section 76A to empower the
National Authority also to make regulations.
Clause 49 of the Bill seeks to insert the words "and by the National Authority"
after the words "National Institute of Disaster Management" in section 77 for laying
the regulations made by the National Authority in Parliament.
Clause 50 of the Bill seeks to empower the State Government to make rules
in certain matters.
Clause 51 of the Bill seeks to amend section 79 related to "Power to removal
of difficulties".
MEMORANDUM REGARDING DELEGATED LEGISLATION
Section 75 of the Disaster Management Act, 2005 empowers the Central
Government to make rules consistent with the provisions of the Act for carrying out
the provisions of the Act. It is proposed to amend the said section [clause 47 of the
Disaster Management (Amendment) Bill, 2024], so as to make rules in the following
matters, namely:-
(a) the salaries, allowances and other terms and conditions of service of
officers, other employees, experts and consultants of the National Authority
under sub-section (3) of section 5;
(b) the procedure to be followed by the National Crisis Management
Committee in exercise of its powers and discharging of its functions under
sub-section (4) of section 8A;
(c) the salaries, allowances and the other terms and conditions of service
of officers and other employees of the National Institute under sub-section (3)
of section 43.
2. It is proposed to insert a new section 76A in the Act vide clause 48 of the
Bill empowering the National Authority also to make regulations consistent with
the provisions of this Act and the rules made thereunder to carry out the purposes of
this Act.
3. Section 78 of the Disaster Management Act, 2005 empowers the State
Governments to make rules consistent with the provisions of the Act for carrying
out the provisions of the Act. It is proposed to amend the said section [clause 50 of
the Disaster Management (Amendment) Bill, 2024], so as to make rules in the
following matters, namely:-
(a) the powers, functions and other matters relating to Urban Authority
under sub-section (6) of section 41A;
(b) the manner of constitution of State Disaster Response Force and the
terms and conditions of service of Members of such Force under
sub-section (2) of section 44A.
4. The matters in respect of which rules or regulations may be made are
matters of procedure and administrative detail and it is not practicable to provide for
them in the Bill itself. The delegation of legislative power is, therefore, of a normal
character.
UTPAL KUMAR SINGH
Secretary General
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