Thursday, March 27, 2008

DISASTER MANAGEMENT ACT-2005

DISASTER MANAGEMENT ACT-2005


•The ACT Received Assent of President of India on 23/12/2005.
•Notified in the Official Gazette of the Govt. of India ON 26/12/2005
•The act is formally known as DISASTER MANAGEMENT ACT, 2005.
( ACT NO. 53 OF 2005)
•The act is applicable to the whole country.
•NO. OF SECTIONS – 79
•NO. OF CHAPTERS – 11

Chapter 1 & 2

1-2 Preliminary & Terminology associated with DM.
3. Establishment of NDMA.
4. Meeting of NDMA.
5. Appointment of officers & other employees of NDMA
6. Power and Functions of NDMA.
7. Constitution of Advisory Committee by NDMA.
8. Constitution of National Executive Committee (NEC).
9. Constitution of sub committee.
10. Powers and functions of NEC.
11. National Plan for Disaster Management.
12. Guidelines for minimum standards of Relief.
13. Relief in loan Repayment etc.
Chap-(3)
14. State Disaster Management Authority (SDMA)
Establishment of SDMA.
15. Meeting of the State Authority.
16. Appointment of officers & other Employees of State Authority.
17. Constitution of Advisory Comm. by the State Authority.
18. Power and Functions of state Authority.
19. Guidelines for minimum standard of relief by state Authority.
20. Constitution of State Executive Committee (SEC)
21. Constitution of State Sub committee by SEC.
22. Functions of SEC.
23. State Disaster Management Plan
24. Powers and Functions of SEC in the Event of threatening Disaster situation.
Chap-IV (4)
25. Constitution of District Disaster Management Authority (DDMA).
26. Powers of Chairperson of DDMA.
27. Meeting of DDMA.
28. Constitution of Advisory committees and other committees.
29. Appointment of officers and other employees of District Authority (DDMA)
30. Powers and Functions of DDMA.
31. District Disaster Management Plan.
32. Plans by different authorities at district level and their implementation.
33. Requisition by the District Authority (DDMA).
34. Powers and Functions of DDMA in the event of any threatening disaster situation or disaster.
Chap-V (5)
35. Central Government to take measures for DM.
36. Responsibilities of Ministries or Deptts. of Government of India (ref. to Disasters).
37. DM Plan of ministries or Deptts. of Government of India.
38. State Government to take measures of the State Government.
39. Responsibilities of Deptts. of the State Government.
40. DM Plan of the Deptts. of the State Government.

Local Authorities

Chapt.6
41. Functions of the Local Authority.

NIDM
Chap-VII (7)
42. Constitution and Role of NIDM.
43. Officers and other employers of the NIDM.

National Disasters Response Force (NDRF)
Chap-VIII (8)
44. Constitution of national Disasters Response Force (NDRF).
45. Control, Direction etc of (NDRF).

Finance, Accounts & Audit
Chap-IX (9)
46. National Disasters Response Fund (NDRF).
47. National Disasters Response Mitigation Fund (NDMF).
48. State, Disaster Response Fund (SDRF).

District Disaster Response Fund, (DDRF).
State Disasters Mitigation Fund (SDMF).
District Disasters Mitigation Fund (DDMF).
49. Allocation of Fund by Ministries and Departments of Government of India.
50. Emergency procurement & Accounting.
Offence & Penalties
Chap-X (10)
51. Punishment for obstruction etc.
52. Punishment for false claim.
53. Punishment for misappropriation of Money or materials etc.
54. Punishment for false warning.
55. Offences by the Deptts of the Government.
56. Failure of Officer in duty or his connivance at the contravention of the provisions of this Act.
57. Penalty for contravention of any order regarding requisitioning.
58. Offences by companies.
59. Previous sanction for prosecution.
60. Cognizance of offences.

Miscellaneous
Chap-XI (11)
61. Prohibition against discrimination.
62. Power to issue direction by Central Government.
63. Powers to be made available for rescue operations.
64. Making or amending rules in certain circumstance.
65. Power of requisition of resources provisions, Vehicles etc. for rescue operations etc.
66. Payment of compensation.
67. Direction to media for communication of warnings etc.
68. Authentication of orders or decisions.
69. Delegation of powers.
70. NDMA shall prepare Annual Report once every year.
71. Bar of Jurisdiction of Court.
72. Act to have overriding effect.
73. No suit or prosecution etc. on action taken in good faith.
74. Immunity from legal process.
75. Power of Central Government.
76. Power to make regulations.
77. Rules and regulations to be laid before Parliament.
78. Power of the State Government to make rules.
79. Power to remove difficulties.

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