PARLIAMENT OF INDIA

RAJYA SABHA

 

 

DEPARTMENT - RELATED  PARLIAMENTARY

STANDING  COMMITTEE  ON HOME AFFAIRS

 

 

 

ONE HUNDRED AND FIFTEENTH REPORT

ON

THE DISASTER MANAGEMENT BILL, 2005


(PRESENTED TO RAJYA SABHA ON 25TH AUGUST, 2005)

(LAID ON THE TABLE OF THE LOK  SABHA ON 25TH AUGUST, 2005)


RAJYA  SABHA  SECRETARIAT

NEW  DELHI

AUGUST, 2005/BHADRAPADA, 1927 (Saka)

E-mail:rsc-ha@sansad.nic.in

Website:http://rajyasabha.nic.in

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CONTENTS

                1.

Composition of the Committee

2.

Introduction

3.

Report

4.

Observations/Conclusions/Recommendations - At A Glance  

5.

Relevant Minutes of the Meetings of the Committee

6.

Annexures

 

I Disaster Management Bill, 2005

 

II

Views/Suggestions of Members of the Committee on the Bill and response of Ministry of Home Affairs thereon

 

III

Views/suggestions of States/UTs on the Bill and response of Ministry of Home Affairs thereon

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COMPOSITION OF THE COMMITTEE

(Constituted on 5 August 2004)

 

      1.    Shrimati Sushma Swaraj               -----Chairperson

             RAJYA  SABHA

      2.    Shri V. Narayanasamy

      3.    Shri Rishang Keishing

      4.    Shri R.K. Dhawan

      5.    Shri S. S. Ahluwalia

      6.    Shri A. Vijayaraghavan

      7.    Shri N. Jothi

      8.    Shri Janeshwar Mishra

      9.    Shri Satish Chandra Misra

  *10.    Shri Vidya Nivas Misra

            LOK  SABHA

    11.    Shri L. K. Advani

    12.    Shri S. K. Bwiswmuthiary

    13.    Shri C. K. Chandrappan

    14.    Shri Biren Singh Engti

    15.    Shri Rahul Gandhi

    16.    Shri Tapir Gao

    17.    Shri T. K. Hamza

    18.    Shri Naveen Jindal

    19.    Shri Ajit Jogi

    20.    Shri Tek Lal Mahato

    21.    Prof. K. M. Kader Mohideen

    22.    Shri Sachin Pilot

    23.    Shri Ashok Pradhan

    24.    Prof. M. Ramadass

    25.    Shri G. Karunakara Reddy

    26.    Shri Bajuban Riyan

    27.    Dr. H.T. Sangliana

    28.    Choudhary Bijendra Singh

    29.    Shri Brij Bhushan Sharan Singh

    30.    Shri Braja Kishore Tripathy

    31.    Shri Beni Prasad Verma

_______________________________________________________________________________________________

COMPOSITION OF THE COMMITTEE

(Constituted on 5 August 2005)

 

      1.    Shrimati Sushma Swaraj               -----Chairperson

             RAJYA  SABHA

      2.    Shri V. Narayanasamy

      3.    Shri Rishang Keishing

      4.    Shri R.K. Dhawan

      5.    Shri S. S. Ahluwalia

      6.    Shri A. Vijayaraghavan

      7.    Shri N. Jothi

      8.    Shri Janeshwar Mishra

      9.    Shri Satish Chandra Misra

    10.    Vacant

            LOK  SABHA

    11.    Shri L. K. Advani

    12.    Shri S. K. Bwiswmuthiary

    13.    Shri C. K. Chandrappan

    14.    Shri Biren Singh Engti

    15.    Shri Rahul Gandhi

    16.    Shri Tapir Gao

    17.    Shri T. K. Hamza

    18.    Shri Naveen Jindal

    19.    Shri Ajit Jogi

    20.    Shri Tek Lal Mahato

    21.    Prof. K. M. Kader Mohideen

    22.    Shri Sachin Pilot

    23.    Shri Ashok Kumar Pradhan

    24.    Prof. M. Ramadass

    25.    Shri G. Karunakara Reddy

    26.    Shri Bajuban Riyan

    27.    Dr. H.T. Sangliana

    28.    Choudhary Bijendra Singh

    29.    Shri Brij Bhushan Sharan Singh

    30.    Shri Braja Kishore Tripathy

    31.    Shri Beni Prasad Verma

            SECRETARIAT

            Shri Tapan Chatterjee, Joint Secretary

            Shri N. S. Walia, Deputy Secretary

            Shri Rohtas, Under Secretary

            Shri Ashok Kumar Sahoo, Committee Officer

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INTRODUCTION

        I, the Chairperson of the Department-related Parliamentary Standing Committee on Home Affairs having been authorized by the Committee to present the Report on its behalf, do hereby present this One Hundred and Fifteenth Report of the Committee on the Disaster Management Bill, 2005.*

2.     In pursuance of sub rule (a) of Rule 273 of the Rules of Procedure and Conduct of Business in the Rajya Sabha relating to the Department-related Parliamentary Standing Committees, the Chairman, Rajya Sabha referred** the Disaster Management Bill, 2005 (Annexure-I), as introduced in Rajya Sabha on 11 May 2005 and pending therein, to the Committee for examination and report. The Chairman directed the Committee under sub-rule (b) of Rule 273 of the Rules of Procedure to present the Report on the Bill within three months of the date of reference.

3.0   The Committee held three sittings on the Bill. In its meeting held on 11 July 2005, the Committee heard the presentation of the Home Secretary on the Bill and held, preliminary discussion thereon. The Committee also decided to have the views/comments/suggestions of States/UTs on the Bill as the Ministry had not done so and many of the provisions in the Bill involve active involvement and participation of the States/UTs.

3.1   In its sitting held on 20 July 2005, the Committee held discussion on the Bill. The Committee thereafter considered the Bill clause-by-clause on 22 August, 2005.

3.2   From 16 to 22 June 2005, the Committee visited the tsunami affected areas of Karaikal in Pondicherry, Nagapattinum in Tamil Nadu and Port Blair and Car Nicobar in Andaman & Nicobar Islands to have first hand knowledge about relief and rehabilitation works undertaken and to interact with affected people. The Committee also interacted with District Officials of Tamil Nadu and Senior Officers of Pondicherry and Andaman & Nicobar Islands regarding relief and rehabilitation measures and on the provisions of the Bill, as well.

3.3   The Committee also had a cursory look on the Gujarat State Disaster Management Act, 2003, Bihar Disaster Management Bill, 2004 and Jharkhand State Disaster Management Bill, 2005.

4.     The Committee considered the draft Report in its sitting held on 22 August 2005 and adopted the same.

5.     In the course of its deliberations, the Committee has made use of the background note on the Bill received from the Ministry of Home Affairs, replies of the Ministry to the queries raised by the Members on the Bill in the meetings (Annexure-II) and comments of the Ministry on the views/suggestions made by States/UTs (Annexure-III).

6.     For facility of reference and convenience, observations and recommendations of the Committee have been printed in bold letters in the body of the Report.

New Delhi ;
22, August 2005

SUSHMA SWARAJ
Chairperson,
Committee on Home Affairs.

_______________________________________________________________________________________________

REPORT

         Eighty-five percent of the world population is exposed to natural disaster like earthquakes, cyclones, floods and droughts. Besides this, man-made disasters add new dimension to their management.

1.1    In our country, floods, droughts, cyclones, earthquakes and landslides, etc. have become recurrent phenomena. About sixty percent of the landmass of India is prone to earthquakes of various intensities; over 40 million hectares is prone to floods; 8000 km coastline is prone to cyclones; sixty eight percent area is susceptible to droughts. Recent tsunami in five coastal States/UTs has manifested our vulnerability. Manmade disasters brought about by terrorist activities using conventional weapons or nuclear, biological and chemical (NBC) materials are also posing a great threat to our national security .

1.2    During the last fifteen years five major earthquakes1 of the magnitude of six and above, four cyclones2 including a super cyclone in Orissa in October 1999 and recently the tsunami disaster in December 2004 have caused devastation to lives and properties on a gigantic scale. In the current monsoon season severe floods in Himachal Pradesh, Gujarat and Madhya Pradesh and unprecedented rains in Maharastra, particularly in Mumbai caused huge loss of lives and properties in those States. Besides natural disasters, manmade disasters, either deliberate or due to negligence have added another dimension to the havoc caused by disasters which further strengthens the case for their effective and better management.

Approach to Disasters - Relief Centric

1.3    The approach to disasters so far has been relief-centric. Though the basic responsibility for undertaking rescue, relief and rehabilitation measures in the event of a disaster has thus far been of concerned State Governments but the Central Government had been supplementing the efforts of State Governments by providing financial and logistic support. The support had been in the form of deployment of specific response teams, mobilisation and movement as resources, alternative communication network and  incident management teams.

Change in approach to Disaster Management

1.4    As development cannot be sustained unless disaster mitigation is built in the development process, the Government changed its approach from relief centric to a holistic approach covering the entire gamt like encompassing prevention, mitigation, preparedness, response, relief and rehabilitation. Another factor for change in approach is that mitigation is a multi disciplinary activitY spanning across a number of sectors of development. The idea behind this approach has been based on the premise that it is possible to prevent hazards turning into disasters by taking appropriate mitigation measures.

Framework for Disaster Management

1.5    Though devastation caused by Bhuj earthquake in 2001 was a turning point for the Government to sit up and think about the change in its orientation towards disasters but before that way back in 1999, a High Powered Committee was constituted to formulate the policy framework on Disaster Management under the Chairmanship of Agriculture Secretary, Government of India. That Committee recommended measures for strengthening the organisational structures and to formulate a comprehensive model plan for Natural and Manmade Disaster Management at the National, State and District Levels. Thereafter, in wake of the Bhuj earthquakes, an all Party National Committee on Disaster Management (NCDM) was constituted in 2001 under the Chairmanship of the then Prime Minister to deliberate on the necessary institutional and legislative measures needed for an effective and long-term strategy to deal with natural calamities in the future. On the recommendation of the NCDM, the Government of India (Allocation of Business) Rules, 1961 were amended to transfer the work relating to Disaster Management except drought, from the Ministry of Agriculture to the Ministry of Home Affairs in June 2002.

1.6    Soon after the transfer of work, the Government had drawn up a strategic roadmap in October, 2002 for reducing the country’s vulnerability to disasters. The State Governments were advised to develop similar State roadmaps taking the national roadmap as broad guidelines. The roadmap covers international mechanism, disaster mitigation and prevention, legal and policy framework, preparedness and response, network of emergency operation centres, preparation of disaster management plans, development of communication network, community based mitigation and preparedness response plans, early warning systems, human resource development, capacity building and rescue and knowledge management: Accordingly, a view was taken in the Government that instead of a central legislation, the States may be advised to enact their respective State legislation.

1.7    Consequently, the State of Gujarat enacted legislation on Disaster Management in 2003 and States of Bihar and Jharkhand are in the process of enacting such a law.

Need for Central Legislation

2.0    While it has been widely accepted that the country’s response to the recently occurred Tsunami tragedy was prompt and effective, it was felt that the response to future disasters could be made better if appropriate .preparedness and capacity building measures are put in place. The endeavour of the Government is to make response and relief measures more professional and prompt. A need had also been felt over time to vest the coordination mechanism with necessary legislative back-up. The Government, therefore, decided to enact a law on disaster management which will provide for requisite institutional and coordination mechanism and powers for undertaking prevention and mitigation measures as also mechanism for ensuring preparedness and capacity building to handle disasters.

2.1    The proposed legislation is relatable to Entry 23 (Social Security and Social Insurance) in the Concurrent List of the Constitution. This will have the advantage that it will permit the States also to have their own legislation on disaster management.

2.2    Keeping in view objectives narrated in the preceding paras, the Disaster Management Bill, 2005 was introduced in Rajya Sabha on 11 May 2005. The Bill inter- alia seeks to provide institutional and coordination mechanism along with prevention and mitigation measures and mechanism for ensuring preparedness and capacity building to handle disasters. It also provides for the constitution of National Fund for Disaster Response (NFDR) & National Fund for Disaster Mitigation (NFDM). It also intends to involve rural/urban local bodies- Panchayati Raj Institutions (PRIs) and Municipalities in disaster management.

Salient Features of the Bill

3.0    The Disaster Management Bill, 2005 has following salient features:

(i)    definition of disaster, disaster management, mitigation, preparedness etc.;

(ii)    provision for setting up of Disaster Management Authority at National, State and District levels under the Chairmanship of Prime Minister, Chief Minister and District Magistrate.;

(iii)   the National Authority shall have the responsibility for laying down the policies, plans and guidelines for disaster management. It may constitute an Advisory Committee consisting of experts in the field of disaster management. The Authority shall be assisted by a National Executive Committee of Secretaries to be constituted by the Central Government. The Secretaries of the Ministries/Departments who will be the Members of the Executive Committee have been mentioned in the Bill. The National Authority shall also lay down guidelines for the minimum standards of relief to be provided to persons affected by disasters;

(iv)   the State Executive Committee shall have the responsibility for implementing the National Plan and the State Plan and act as the coordinating and monitoring body .for management of disasters in the State;

(v)   establishment of National Institute of Disaster Management (NIDM) for planning and promoting training and research in the area of disaster management;

(vi)   constitution of a specialist response force called National Disaster Response Force (NDRF), where command and supervision shall vest in an Officer to be appointed by the Central Government as the Director-General of the National Disaster Response Force;

(vii)  constitution of National Fund for Disaster Response (NFDR) and National Fund on Disaster Mitigation (NFDM).

(viii)provision for punishment in regard to different kinds of offences committed by any authority or general public; and

(ix)   miscellaneous provision like power to issue direction by Central Government, delegation of powers, action taken in good faith, immunity from legal process, power to Central/State Government to make rules etc. are also covered in the Bill.

Presentation on the Bill

4.0    The Home Secretary while making a presentation on the Bill, briefly mentioned the provisions of the Bill. Thereafter, the concerned Joint Secretary in the Ministry of Home Affairs made detailed power point presentation on the various clauses of the Bill and other related matters.

4.1    Highlighting the change in Government’s orientation from a relief -centric approach to a holistic multi disciplinary approach, the Joint Secretary mentioned that the new approach encompasses prevention, mitigation, preparedness, response, relief and rehabilitation. He emphasized the need for the institutional and policy mechanism to be put in place.

Views of Members of the Committee and Response of the Ministry of Home Affairs thereon:

5.0    During the course of deliberations in the Committee, Members raised several points/queries/doubts about the provisions of the Bill, which were responded to by the Officials of the Ministry of Home Affairs.

5.1.0The Chairperson pointed out that there is no provision in the Bill fcr constitution of Disaster Management Authorities in Union Territories (UTs). She suggested that the Authority may be constituted under the Chief Minister in UTs with Legislature and under Lieutenant Governor/Administrators in UTs without legislature.

5.1.1 The Ministry admitted the lacuna in the Bill and stated that for Pondicherry, the Authority may be constituted under the Chief Minister. For Delhi, it may be appropriate to constitute the Authority Under the Lieutenant Governor because police and land related matters are not within the jurisdiction of the Government of Delhi. The Chief Minister may be included as Vice-Chairperson of the Authority. As for UTs without legislature, the Authority will be constituted under the Lieutenant Governor or the Administrator, as the case may be. The Ministry had assured the Committee to insert suitable provision in the Bill, accordingly.

5.2.0Most of the Members were of the view that there is no provision for nomination/inclusion of representatives of the people in the National Disaster Management Authority (NDMA), State Disaster Management Authority (SDMA), District Disaster Management Authority (DDMA) and demanded that Members of Parliament or Members of Legislative Assembly should be included in the said bodies. They should also be co-opted in the State level Authority of the State affected by the disaster. Similarly, the Parliament/Legislative Assembly and local authority may also elect their member(s) to be included in NDMA, SDMA and DDMA, respectively. It was also pointed out that NDMA and SDMA are headed by elected representatives whereas DDMA is headed by an official of the Government and suggested that the Chairman of Zila Parishad/local bodies should be co-opted as co-Chairman of the DDMA.

5.2.1A Member pointed out that in the Autonomous District Council Areas of North Eastern States many powers including financial powers are vested in CEO of the Respective District Councils. Therefore, he pleaded to include the CEO of the Autonomous District Council Areas as the co-Chairman of the District Disaster Management Authority.

5.2.2 In this connection, the Ministry has submitted that the Bill provides for the Prime Minister/Chief Minister to nominate the members in the NDMA/SDMA and it is in their prerogative to nominate even public representatives. As regard the public participation in DDMA, the Ministry accepted the suggestion of the Committee and agreed to make a provision for nomination of public representative as co-Chairperson of the Authority.

5.3.0  In response to the Committees’ desire that training should be provided to all the citizens who have attained the age of eighteen, the Ministry stated that under clause 30 (2) (xiii), the District Authority may facilitate community training and awareness programmes for prevention or mitigation of disaster with the support of local authorities and non-governmental organisations.

5.3.1 A Member desired that there should be provision in the Bill itself for the training programme for officers, employees and office bearers of the Authority on disaster management whether natural or man-made or incidental. The Ministry agreed to arrange training programmes for the Secretariat of the National Authority and State Authority in due course.

5.4.0 A Member drew the attention of the Committee to clauses 6, 7, 8, 10 and 11 which respectively state that the National Authority shall have the responsibility for laying down the policies, plans and guidelines for disaster management; National Authority may constitute Advisory Committee; the Central Government shall constitute a National Executive Committee; the National Executive Committee shall assist the National Authority; and the National Plan shall be prepared by the National Executive Committee. He was of the opinion that constitution of so many committees/authorities may create confusion as there may be overlapping of functions assigned to them besides conflict of opinion that may arise among those bodies which may hamper the relief and rehabilitation work at critical situations. Furthermore, he was of the view that it was also not clear as to who would sort out the differences of opinion, If any, amongst various bodies. It was suggested by another Member that the National Executive Committee and the National Authority may be blended together so that proper co-ordination between the executors and the advisors can be achieved.

5.4.1 The Ministry while reacting to those points mentioned that the National Authority is a apex body responsible for laying down policies, plans and guidelines for disaster management whereas Advisory Committee is an expert body to give advice/suggest alternatives to the National Authority, which may accept them or not. The National Executive Committee is a distinct and separate body comprising Secretaries of thirteen3 Ministries/Departments and the Chief of the Integrated Defence Staff of the Chiefs of Staff Committee, which will execute the plan/policies devised by the National Authority.Thus the Ministry claimed that there is no overlapping of functions assigned to the committees/authorities.

5.5.0 Member suggested for arranging the National Disaster Management Authority, the State Disaster Management Authority and District Disaster Management Authority in a hierarchal sequence in the definition clause. To this point, Ministry has replied that the definitions are given in alphabetical order in all the legislations which is a normal legislative practice. Any departure in this Bill would negate the practice followed since long.

5.6.0 It was also suggested to define the term ‘reconstruction’ as “construction or restoration of any property after disaster” in place of “repair or construction of any property after a disaster”.

5.6.1 The Ministry in its replies stated that amendment in the definition of ‘reconstruction’ is not required as it includes restoration of property and infrastructure. It has further been stated that where the property is totally damaged, it may be necessary to take up fresh construction of the property.

5.7.0 Another Member pointed out that the term ‘substantial’ used in the definition of “disaster” is vague an suggested for Improvement of the definition of “disaster”.

5.7.0 The Ministry has responded by stating that the definition is appropriate, as specific disasters have not been indicated separately. The definition covers any calamity natural or man-made, which satisfies certain parameters which includes substantial loss of life or human suffering or damage to and destruction of property or damage to, or degradation of environment. Further it has been stated that the calamity would be such a nature or magnitude, which is beyond the coping capacity of the community of the affected area.

5.7.2 One Member observed that clause 13 implies that National Authority can give direction for relief in case of disaster of severe magnitude. But the clause does not mention about the authority to decide the gravity of disaster. It has been submitted by the Ministry of Home Affairs that the disaster of severe magnitude will be decided by the National Authority by making objective assessment and determining the magnitude of disaster on case to case basis.

5.8    The Committee also pointed out drafting error in clause 11 (2) (line 5) and suggested for insertion of the words “to be” in place of “and” in the clause. The suggestion has been accepted by the Ministry.

5.9    The Committee pointed out another drafting error in clause 57 (Line 44) and suggested for insertion of the figures “64” in place of  “164” in the clause. The suggestion has been accepted by the Ministry.

5.10  The Committee held the view that if recommendation of the National Authority in regard to relief is not implemented by the States, the National Authority should be empowered to issue direction. It has been stated by the Ministry that clause 61 gives powers to the Central Government to issue direction to the State Governments in that regard. Moreover, under article 355 of the Constitution, the Centre has the power to issue directions to the States.

5.11.0  One Member pointed out that clauses 51 and 52 provide punishment which is non-cognizable for obstruction and false claim. It is not mentioned in the clauses who would be the complainants in such cases. The Ministry has stated that it would be examined after consultation with the Ministry of Law & Justice.

5.11.1  The Committee was of the view that there might be some difference between warning issued in good faith in anticipation of disaster and false warning with mala fide intention. The Ministry replied that for warnings in anticipation of the disaster, which turns out to be false, relief is provided in clause 72, which protects the action taken in good faith. A warning given by an officer while performing his official duty is protected under clause 73.

5.11.2  One Member termed the provision of clause 55 to the effect that the Head of the Department shall be deemed guilty of the offence committed by that Department of the Government of India and liable to be punished accordingly, as unacceptable and suggested for redrafting of this clause. The Ministry submitted that the Ministry of Law & Justice is redrafting this clause.

5.12  The Committee suggested that there should a Relief Commissioner at the Central/District level whose exclusive responsibility would be to deal with relief, as and when required. The Ministry in its reply has stated that there is already an officer designated as Central Relief Commissioner at National Level and at District level, the District Magistrate will function as Relief Commissioner. But the Committee was of the view that since the District Magistrate is already over burdened, a dedicated Relief Commissioner is necessary for focussed approach to relief and rehabilitation.

5.13  Some of the Members were of the view that awards/honours/commendation certificate should be given to those NGO’s or volunteers who come forward and work without any expectation in any disaster. The Ministry has replied that the Collector or the State Government may give awards/honours/commendation certificate.

5.14  Another Members suggested promoting the traditional knowledge and methods of warning and mitigation of the disaster. The Ministry in its reply has stated that these methods needed to be studied scientifically.

5.15  One Member pointed out that sea erosion may also be incorporated in the list of disasters and should be termed as natural calamity It has been stated by the Ministry that the definition of ‘disaster’ as contained in clause 2 ( d) is generic and does not mention specific disasters. It was also stated that a calamity which qualifies as a disaster in terms of the definition given in the Bill, would be considered as such for the purpose of taking various measures enunciated in the Bill.

5.16  One Member suggested for incorporation of certain guidelines for the working of the NGO’s in facilitating community gaining and awareness programmes for prevention of disaster or mitigation with the support of local authorities.

5.17  As on today, two funds namely, Calamity Relief Fund (CRF), which is available to States for immediate relief and rehabilitation works and National Calamity Contingency Fund (NCCF), which is to provide relief in a very high magnitude disaster situation, are operating. Two new funds i.e., National Disaster Mitigation Fund (NDMF) and National Disaster Response Fund (NDRF) would be created after enactment of this law. The Committee wanted to know the fate of those two funds which are in operation now. It has been submitted by the Ministry that the two funds i.e. CRF and NCCF would be merged to create the NDRF and it would be operated thereafter as a single fund. It was further submitted that discussions were going on with the Ministry of Finance in connection with the second fund i.e., NDMF.

Views/Suggestions of the States/UTs on the Bill vis-a.vis comments of the Ministry thereon

6.0    To the query of the Committee whether State Governments have been consulted before finalising the Bill, the Home Secretary informed that consultation with them have  not taken place.

6.1    The Committee however decided to solicit the views/comments/suggestions of State Governments/UTs on the Bill. However till the adoption of the Report, ten States/UTs (Haryana, Uttaranchal, Madhya Pradesh, Arunachal Pradesh, Goa, Rajasthan, Sikkim, Nagaland, Andaman & Nicobar Islands and Lakshadweep) had submitted their views on the Bill. Gist of those views/suggestions vis-a-vis comments of Ministry of Home Affairs have been summarised below:-

(i)    Constitution of Disaster Management Authority in UT without legislature with Administrator as Chairperson. The term ‘State Government’ may be defined to include Union Territory also. Delegation of powers to make rules in respect of UTs may be effected under clause 75 of the Bill. The Ministry has agreed to include the definition of ‘State Government/ UT Administration’ in the Bill. Accordingly necessary provisions for constitution of State/District Authority in UT would be provided. As to delegation of powers to UT under Clause 75, the Ministry would examine the matter in consultation with Ministry of Law & Justice.

(ii)    Insertion of suitable provision in the Bill for the UTs having no Chief Secretary and required number of Secretaries, to be the Chairperson and members of the Executive Committee. The Ministry has agreed to the proposal.

(iii)   No necessities of separate District Authority/Plan in addition to State Authority/Plan, where the UT is a single district. The Ministry also has not felt such a necessity.

(iv)   Insertion of the word “District Authority” after the words “the State Executive Committee” in clause 51 (1) (b), which is under consideration of Ministry of Home Affairs.

(v)   Inclusion of experts and people’s representatives on District Disaster Management Authority .The Ministry agreed to make public representatives as co-Chairperson of DDMA. However, clauge 28 (i) empowers the DDMA to have expert for advice.

(vi)   Power to be given to the Collector/DM in UT to nominate three district level officers in DDMA. The Ministry did not agree to devolve such powers to the District Magistrate as that power rested in the State Government.

(vii)  To co-opt officer of appropriate rank of Army in DDMA, if a defence establishment is located in the district. The Ministry agreed to make the Army Officer as Special Invitee wherever their assistance is required.

(viii)Where the District DMC headed by DM has been constituted under the DRMP, the role and response of the District Authority and DDMC may have to be redefined. The Ministry responded that the role of DDMA is comprehensive as per clause 30. The DDMC were set up specifically for the implementation of the Disaster Risk Management Programme.

(ix)   Creation of a cadre of disaster management by the State as per the provision of clause 29 to which the Ministry has replied that the State Government would take a view and decide the number of consultants and other employees to be provided to District Authority .

(x)   Provision for constitution of an advisory Committee for State Disaster Management Authority headed by the Chief Minister. The Ministry had replied that the State legislation may be drafted for that purpose.

(xi)   Representation of the Departments of Women and Child Welfare and Education in National and State Level Executive Committees. The Ministry has opined that such Secretaries can be invited as special invitees when issues relating to their Departments are considered.

(xii)  Constitution of sub-Divisional/Tehsil level Committee under the Chairmanship of SDM/Tehshildar. The Ministry has opined that the State Government is free to constitute Divisional/Tehsil level Committees for inter-district Co-ordination.

(xiii)While requisitioning resources, premises and vehicles under clause 64, aircraft, vessel and ships should be explicitly mentioned in the category of vehicles. The Ministry has clarified that vehicle for the purpose of this clause includes aircraft, vessels and ships for the purpose of transport.

(xiv)Assistance from Central Government for creation of State/District Response Fund & State/District Mitigation Fund. The Ministry has agreed to consider the matter separately.

(xv)    Funding support for creation of State Disaster Response Force and provision for equipments and training. The Ministry has stated that State Governments have been advised to develop state level specialist response teams and are permitted to use ten percent of annual inflow of Calamity Relief Fund for procurement of search, rescue and communications equipment.

(xvi)   Laying down of guidelines for involvement of NGOs and voluntary agencies in relief and rehabilitation effort. The Ministry has stated that such guidelines may be prescribed by NDMA/SDMA/DDMA.

(xvii) Maintenance of panel of suppliers to ensure timely and quality supply to the disaster affected areas in the rules. The Ministry has agreed to include in the guidelines of National/State Authority.

7.0    The Committee took up clause-by-clause consideration of the Bill in its sitting held on 22 August, 2005 in the presence of Home Secretary, Secretary, Legislative Department and representatives of Department of Legal Affairs.

Clause 2

7.1.0The clause seeks to define the various terms/expressions commonly used in the Bill.

7.1.1The clause is adopted without any change.

Clause 3

7.2.0The clause seeks to establish the National Disaster Management Authority (NDMA). The NDMA shall consist of the Prime Minister as ex-officio Chairperson alongwith nine other members to be nominated by the PM. There is provision of designating one Member as Vice-Chairperson of the Authority by the PM.

7.2.1The Committee recommends that suitable provision may be made in the clause so that a Member each from Lok Sabha and Rajya Sabha, to be elected by the respective House, could serve as members of the NDMA, for prescribed tenure.

7.2.2Subject to the above, the clause is adopted.

Clauses 4 & 5

7.3.0Clause 4 provides that the meetings of the National Authority would be convened and presided by its Chairperson and in his/her absence by the Vice-Chairperson. Clause 5 casts an obligation on the Central Government to provide secretarial assistance to the National Authority for carrying out its functions.

7.3.1 The clauses are adopted without any change.

Clause 6

7.4.0The clause lays down the powers and functions of the National Authority for laying down the policies, plans and guidelines for disaster management and also provides for exercise of powers of the Authority by the Chairperson, in the case of emergency, subject to post facto ratification by the National Authority.

7.4.1The clause is adopted without any change.

Clause 7

7.5.0The clause provides for constitution of an Advisory Committee consisting of experts in the field of disaster management by the National Authority to make recommendations on various aspect of disaster management.

7.5.1The clause is adopted without any change.

Clauses 8 to 10

7.6.0These clauses provides for the constitution of the National Executive Committee comprising of Secretaries of 13 Ministries/Departments of Government of India and Chief of the Integrated Defence Staff of the Chiefs of Staff Committee to assist the National Authority. It also seeks to authorise the Central Government to prescribe the powers, functions. and procedure of the National Executive Committee which is also is authorised to constitute its sub-committees. The powers and functions of the National Executive Committee, which inter-alia include the responsibility for implementing the policies and plans of the National Authority have been delineated under clause 10.

7.6.1The clauses are adopted without any changes.

Clause 11

7.7.0The clause makes it mandatory for preparation of the National Plan for Disaster Management for the whole country .It lays down the broad ambit of the Plan, which will be prepared in consultation with the State Governments and expert bodies or organisations in the field of disaster management. It provides for annual review and updating of the National Plan. It also provides for the various Ministries or Departments of the Government of India to draw up their own Plans in accordance with the National Plan.

7.7.1The Committee points out a drafting error in clause 11 (2) (line 5) and suggested for substitution of the word “and” by the words “to be”.

7 .7.2 The clause is adopted as amended.

Clause 12

7.8.0The clause seeks to lay down the guidelines by the National Authority for minimum standards of relief to be provided to persons affected by disaster.

7.8.1The clause is adopted without any change.

Clause 13

7.9.0The clause empowers the National Authority, in cases of disasters of severe magnitude, to give directions regarding relief in repayment of loans or for grant of fresh loans on concessional terms to the persons affected by such disasters.

7.9.1The Committee observes that the clause implies that the National Authority may give directions for relief in case of disaster of severe magnitude. But the clause does not mention about the Authority to decide the gravity of the disaster. It has been submitted by the Ministry of Home Affairs that a disaster of severe magnitude will be decided by the National Authority as it may make an objective assessment and determine the magnitude of disaster on case to case basis. The Committee holds the view that if the direction of the National Authority in regard to relief is not implemented by any State Government, the National Authority should be empowered to issue direction for compliance. It has been stated by the Ministry that clause 61 gives powers to the Central Government to issue direction to the State Governments.

7.9.2The Committee however recommends that the contents of Clause 61 may be appropriately dovetailed in clause 13 or vice versa.

7.9.3Subject to the above, the clause is adopted.

Clause 14

7.10.0  The clause provides for the establishment of the State Disaster Management Authority (SDMA) headed by the Chief Minister with nine other Members to be nominated by him.

7.10.1  The Committee recommends that like in the case of NDMA, a Member of the Legislative Assembly of the State may be elected by the House to be a member of the SDMA. In case of a bicameral legislature, a Member of the Legislative Council to be elected by that House, may also be made a member of the SDMA. The MLA/MLC would have a prescribed tenure in the SDMA. The Committee also recommends that the local Member of Parliament (Lok Sabha) of the District affected by disaster and the Member of Rajya Sabha who has adopted the affected district as the Nodal District under MPLADS, may be co-opted with the SDMA, as and when necessary.

7.10.2  Subject to above the clause is adopted without any change.

Clauses 15 & 16

7.11.0  Clauses 15 & 16 are corresponding clauses to 4 & 5 dealing with meetings and secretarial assistance of/to NDMA.

7.11.1  The clauses are adopted without any change.

Clauses 17& 18

7.12.0  Clause 17 is the corresponding provision of clause 7 which intends to provide for the constitution of an Advisory Committee by the SDMA. Clause 18 lays down the powers and functions of the State Authority. .It also provides for exercise of the powers of the State Authority by its Chairperson in case of emergency, subject to post facto ratification by the State Authority .

7.12.1  The clauses are adopted without any changes.

Clause 19

7.13.0  The clause provides for laying down detailed guidelines by the State Authority for minimum standards of relief, which will not be less than the minimum standards laid down in the guidelines by the National Authority.

7.13.1  The clause adopted without any change.

Clauses 20-22

7.14.0  Clause 20 is: the corresponding provision of clause 8. It seeks to provide for the constitution of the State Executive Committee to assist the State Authority. It also authorizes the State Government to prescribe the powers, functions and procedure of the State Executive Committee; In addition, delegation of powers and functions to the State Executive Committee by the State Authority is envisaged. Clause 21 enables the State Executive Committee to constitute sub-committees. Clause 22 specifies the powers and functions of the State Executive Committee.

7.14.1  The clauses are adopted without any change.

Clause 23

7.15.0  This clause makes it mandatory for the State to have in place the State Disaster Management Plan. It lays down the broad ambit of the plan as well as the requirements of consultations in the preparation of the State Plan. It provides for annual review and updating of the State Plan. It also provides for the Departments of the State Government to draw up their own plans in accordance with the State Plan.

7.15.1  The clause is adopted without any change.

Clause 24

7.16.0  The clause lays down the powers and functions of the State Executive Committee in the event of a disaster or a threatening disaster situation.

7.16.1  The clause is adopted without any change.

Clause 25

7.17.0  The clause seeks to provide for the establishment of the District Disaster Management Authority (DDMA) for every District which shall function under the Chairmanship of Collector or District Magistrate or Deputy Commissioner, as the case may be. The composition of the District Authority shall consist of not more than seven members as may be prescribed by the State Government.

7.17.1  The Committee recommends for inclusion of a clause/provision in the Bill for nomination of public representatives (like the Chairman of Zila Parishad and other local bodies) as co-Chairperson of the DDMA.

7.17.2  Subject to the above, the clause is adopted.

Clause 26

7.18.0  The clause prescribes the powers and functions of the Chairperson of the DDMA.

7.18.1  The clause is adopted without any change.

Clauses 27-30

7.19.0  Clause 27 provides for the frequency and venue of the meetings of the District Authority. Clause 28 empowers the District Authority to constitute Advisory Committees or other committees or sub-committees. Clause 29 enjoins upon the State Government to provide the District Authority with officers, consultants and other employees for carrying out its functions. Clause 30 prescribes the powers and functions of the DDMA which shall act as the district planning, coordinating and implementing body for disaster management and take all measures for the purposes of disaster management in the district in accordance with the guidelines laid down by the National Authority and the State Authority.

7.19.1  The clauses are adopted without any change.

Clause 31

7.20.0  The clause makes it mandatory to have a Disaster plan for every district. It lays down the broad aspects to be covered by the District Plan, mandates consultation with Zila Parishad and the Municipality in the preparation of the Plan, and provides for annual review and updating the Plans. It also seeks to authorise the District Authority to review the implementation of the District Plan and issue directions to different Departments of the Government in the district for its implementation.

7.20.1  The clause is adopted without any change.

Clause 32

7.21.0  The clause: makes it mandatory for every office of the Government of India and of the State Government at the district level and the local authorities to prepare a disaster management plan. It lays down the broad coverage of the plan and provides for coordination of its preparation and implementation with local authority, communities and other stakeholders. It also provides for regular review and updation of the plan.

7.21.1  The clause is adopted without any change.

Clause 33

7.22.0  The clause empowers the DDMA to give directions to any officer of any Department at the district level or any local authority to take necessary measures for prevention or mitigation of a disaster.

7.22.1  The clause is adopted without any change.

Clause 34

7.23.0  The clause lays down the powers and functions of the District Authority in the event of any threatening disaster situation or disaster.

7.23.1  The clause is adopted without any change.

Clause 35

7.24.0  The clause enjoins upon the Central Government to take all such measures, as it deems necessary or expedient, for the purpose of disaster management. It also specifies some of the matters with respect to which such measures are required to be taken by the Central Government.

7.24.1  The clause is adopted without any change.

Clause 36

7.25.0  The clause seeks to specify the responsibility of the Ministries or Departments of the Government of India in regard to prevention, mitigation, preparedness and response to the Disasters. It also spells out some of the actions to be taken by the Ministries or Departments for this purpose.

7.25.1  The clause is adopted without any change.

Clause 37

7.26.0  The clause makes it mandatory for every Ministry/Department of the Government of India to prepare a disaster management plan. It also provides for annual review and updating of the plan and for approval of the original or updated plan by the National Authority. It enjoins upon the Ministries/Departments concerned to make Provision for financing of the activities specified in the plan and to furnish a status report regarding the implementation of the plan to the National Authority, as and when required by it.

7.26.1  The clause is adopted without any change.

Clause 38

7.27.0  The clause makes it mandatory for the State Governments to take measures for the purpose of disaster management. It also specifies some of the matters in respect of which such measures are required to be taken by the State Governments.

7.27.1  The clause is adopted without any change.

Clause 39

7.28.0  The clause specifies the responsibility of every Department of the Government of a State in regard to prevention, mitigation, preparedness and response to disasters.

7.28.1  The clause is adopted without any change.

Clause 40

7.29.0  The clause makes it mandatory for every Department of State Government to prepare a disaster management plan and make provisions for financing of the plan. It also lays down the broad coverage of the plan, provides for annual review and updation of the plan and furnishing of a status report on its implementation to the State Executive Committee.

7.29.1  The clause is adopted without any change.

Clause 41

7.30.0  The clause specifies the functions of the local authority in regard to disaster management, which inter-alia ensures training for its officers and employees for disaster management.

7.30.1  The clause is adopted without any change.

Clauses 42 & 43

7.31.0  The clause 42 provides for the constitution of the National Institute of Disaster Management (NIDM) by the Central Government and seeks to lay down the responsibility and functions of the Institute. Clause 43 enjoins upon the Central Government to provide the NIDM with officers, consultants and other employees for carrying out its functions.

7.31.1  The clauses are adopted without any change.

Clauses 44 & 45

7.32.0  These clauses provide for the constitution of the National Disaster Response Force (NDRF) for the purpose of specialist response to a threatening disaster situation or disaster. The general superintendence, direction and control of the National Disaster Response. Force would be vested with the National Authority and the command and supervision of the Force would vest with an officer known as the Director-General of the National Disaster Response force.

7.32.1  The clauses are adopted without any change.

Clauses 46- 48

7.33.0  These clauses provide for the constitution of the National Disaster Response Fund (NDRF) and the National Disaster Mitigation Fund (NDMF) at National level and the corresponding funds at the State and District levels.

7.33.1  The Committee suggests that the National Fund for Disaster Response and the National Disaster, Mitigation Fund should also include provision for funding of rehabilitation work.

7.33.2  Subject to the above, the clauses are adopted.

Clause 49

7.34.0  The clause enjoins upon every Ministry/Department of the Government of India to make provision for funds in its annual budget for the purposes of carrying out the activities or programmes set out in its disaster management plan. It also seeks to lay down a similar obligation for Departments of the State Governments.

7.34.1  The clause is adopted without any change.

Clause 50

7.35.0  The clause seeks to empower the National Authority or State Authority or District Authority to authorise concerned Departments or authority to make emergency procurement of provisions of material for rescue and relief in case of any threatening disaster situation or disaster and the standard procedure requiring invitation of tenders shall be deemed to be waived.

7.35.1 The clause is adopted without any change.

Clauses 51 & 52

7.36.0  These clauses provide for punishment for obstruction to any officer or employees of Government or Authority in discharge of his functions and for false claim for obtaining relief, assistance or other benefits consequent to a disaster from any officer of the Government or Authority .

7.36.1  The Committee observes that the clauses provide for punishment, which is non-cognizable, for causing obstruction and making false claim. But it is not mentioned as to who would be the complainants in such cases. The Ministry has stated that this aspect would be considered in consultation with the Ministry of Law & Justice.

7.36.2  Subject to the above, the clauses are adopted.

Clauses 53 & 54

7.37.0  Clause 53 provides for punishment for misappropriation of money or material, meant for providing relief in any disaster situation or for willfully compelling any other person to do so. Clause 54 provides punishment for false warning as to a disaster or its severity or magnitude, leading to panic.

7.37.1  The clauses are adopted without any change.

Clause 55

7.38.0  The clause fixes the responsibility on the Head of the Department if any offence under this Act is committed by the Department unless it is committed without his knowledge.

7.38.1  The Committee suggests redrafting of sub-clause (1), as it extends liability on the Head of the Department in case any offence is committed by anyone from the Department. The Ministry has submitted that the Ministry of Law & Justice (Legislative Department) is redrafting this clause.

7.38.2  Subject to the above, the clause is adopted.

Clauses 56-59

7.39.0  These clauses provide punishment for the officer on duty or body corporate found guilty of contravention of the provisions of this Act and previous sanction for prosecution.

7.39.1  The Committee pointed out a typographical error in clause 57 (line 44) to the effect that “Section 164” should read as “Section 64”. The Ministry has agreed to rectify the error .

7.39.2  Subject to the above, the clauses are adopted.

Clause- 60

7.40.0  The clauses is a miscellaneous provision prohibiting discrimination on the ground of sex, caste, community , descent or religion, for providing compensation and relief to the victims of disasters.

7.40.1  The clause is adopted without any change.

Clauses 61-68

7.41.0  These claues inter alia vest power with Central Government to issue direction to facilitate or assist in disaster management; making or amending rules in certain circumstances; requisition of resources, provisions, vehicles for rescue operations; payment of compensation; dissemination by media of warnings.

7.41.1  The clauses are adopted without any change.

Clauses 69-73

7.42.0  These clauses provide for presentation of Annual report of NDMA to both the Houses of Parliament; rule making power of Central Government & State Government; bar subordinate courts to entertain suits in respect of action taken, order made by Central Government, State Governments, NDMA, SDMA & DDMA; no prosecution in case of action taken in good faith, etc. and immunity from legal process.

7.42.1  The Committee suggests that the marginal heading titled “Action Taken in Good Faith” of clause 72 may be appropriately reflected in the body of the clauses to which the Ministry has agreed.

7.42.2  Subject to the above, the clauses are adopted.

Clauses 74 and 75

7.43.0  The clauses empower the Central and the State Governments to make rule to carry out the provisions of the Act.

7.43.1  The clauses are adopted without any change.

Clause 76

7.44.0  This clause empowers the Central and the State Governments to make orders for removal of difficulties in giving effect to the provisions of the Act.

7.44.1  The clause is adopted without any change.

Clause I, Enacting Formula and Title

7.53.0  Clause I, the Enacting Formula and the Title are adopted without any change.
_______________________________________________________________________________________________

General Observations/Recommendations of the Committee: -

8.0    As pointed out in para 5.1.0 and as agreed to by the Ministry of Home Affairs vide para 5.1.1, the Committee recommends insertion of appropriate provisions in the Bill for constitution of Disaster Management Authority in Union Territories. The Committee also recommends that changes which are of consequential nature may be carried out by the Ministry in the Bill in consultation with the Legislative Department.

8.1    In the Autonomous District Council Areas in North Eastern States, many powers including financial powers are vested in CEO of the respective Autonomous District Councils. Therefore, the Committee recommends that the CEO of the Autonomous District Council Area should be nominated as the co-Chairman of the District Disaster Management Authority in that area.

8.2    The Committee observes that providing of relief to the affected population in the area hit by disaster is an important aspect of the disaster management. The Committee therefore recommends that there should be an officer other than the District Collector or District Magistrate or Deputy Commissioner, designated as Relief Commissioner, appointed at the District level to deal exclusively with the relief and rehabilitation work in the disaster affected areas. The Committee also recommends that the District Collector/District Magistrate/Deputy Commissioner being already overburdened, the work of relief and rehabilitation should be entrusted to a dedicated Relief Commissioner so that focussed attention could be given to the relief and rehabilitation work.

8.3    The Committee is of the view that relief and rehabilitation continues much after the disaster has struck and in most of the cases rehabilitation works are required for long periods. The Committee therefore recommends tbat a Project Implementation Agency (PIA) should be provided for in every State/UT for organised relief and rehabilitation works and for consultation with international aid agencies. Further, it also recommends that people’s representation in such agency should be made mandatory.

8.4.0 The Committee wishes to emphasize on training being made mandatory for all the officers, employees involved in disaster management. The Ministry replied that under clause 30(2) (xiii), the District Authority may facilitate community training and awareness programme for prevention of disaster or mitigation with support of local authorities and non-governmental organisations.

8.4.1The Committee while taking note of the reply recommends that the training in Civil Defence should be provided to all the citizens who have attained the age of eighteen years keeping in mind the spirit of Article 51 A (d) of the Constitution dealing with Fundamental Duties.

8.5    The Committee commends the Bill to Parliament for passage, as recommended by it.

_______________________________________________________________________________________________

OBSERVATIONS/CONCLUSIONS/RECOMMENDATIONS AT A GLANCE

         The Committee recommends that suitable provision may be made in the clause so that a Member each from Lok Sabha and Rajya Sabha, to be elected by the respective House, could serve as members of the NDMA, for prescribed tenure.         (para 7.2.1)

         The Committee points out a drafting error in clause 11 (2) (line 5) and suggested for substitution of the word “and” by the words “to be”.                                                                                                        (para 7.7.1)

         The Committee observes that the clause implies that the National Authority may give directions for relief in case of disaster of severe magnitude. But the clause does not mention about the Authority to decide the gravity of the disaster. It has been submitted by the Ministry of Home Affairs that a disaster of severe magnitude will be decided by the National Authority as it may make an objective assessment and determine the magnitude of disaster on case to case basis. The Committee holds the view that if the direction of the National Authority in regard to relief is not implemented by any State Government, the National Authority should be empowered to issue direction for compliance. It has been stated by the Ministry that clause 61 gives powers to the Central Government to issue direction to the State Governments.     (para 7.9.1)

         The Committee however recommends that the contents of Clause 61 may be appropriately dovetailed in clause 13 or vice versa.                                                                                                                   (para 7.9.2)

         The Committee recommends that like in the case of NDMA, a Member of the Legislative Assembly of the State may be elected by the House to be a member of the SDMA. In case of a bicameral legislature, a Member of the Legislative Council to be elected by that House, may also be made a member of the SDMA. The MLA/MLC would have a prescribed tenure in the SDMA. The Committee also recommends that the local Member of Parliament (Lok Sabha) of the District affected by disaster and the Member of Rajya Sabha who has adopted the affected district as the Nodal District under MPLADS, may be co-opted with the SDMA, as and when necessary.                                                      (para 7.10.1)

                   The Committee recommends for inclusion of a clause/provision in the Bill for nomination

of public representatives (like the Chairman of Zila Parishad and other local bodies) as co-Chairperson of the DDMA.   (para 7.17.1)

         The Committee suggests that the National Fund for Disaster Response and the National Disaster, Mitigation Fund should also include provision for funding of rehabilitation work.                                               (para 7.33.1)

         The Committee observes that the clauses provide for punishment, which is non-cognizable, for causing obstruction and making false claim. But it is not mentioned as to who would be the complainants in such cases. The Ministry has stated that this aspect would be considered in consultation with the Ministry of Law & Justice.            (para 7.36.1)

         The Committee suggests redrafting of sub-clause (1), as it extends liability on the Head of the Department in case any offence is committed by anyone from the Department. The Ministry has submitted that the Ministry of Law & Justice (Legislative Department) is redrafting this clause.                                                         (para 7.38.1)

         The Committee pointed out a typographical error in clause 57 (line 44) to the effect that “Section 164” should read as “Section 64”. The Ministry has agreed to rectify the error.

                                                                                                                                  (para 7.39.1)

         The Committee suggests that the marginal heading titled “Action Taken in Good Faith” of clause 72 may be appropriately reflected in the body of the clauses to which the Ministry has agreed.                           (para 7.42.1)

         As pointed out in para 5.1.0 and as agreed to by the Ministry of Home Affairs vide para 5.1.1, the Committee recommends insertion of appropriate provisions in the Bill for constitution of Disaster Management Authority in Union Territories. The Committee also recommends that changes which are of consequential nature may be carried out by the Ministry in the Bill in consultation with the Legislative Department.                                     (para 8.0)

         In the Autonomous District Council Areas in North Eastern States, many powers including financial powers are vested in CEO of the respective Autonomous District Councils. Therefore, the Committee recommends that the CEO of the Autonomous District Council Area should be nominated as the co-Chairman of the District Disaster Management Authority in that area.                                                                                                                         (para 8.1)

         The Committee observes that providing of relief to the affected population in the area hit by disaster is an important aspect of the disaster management. The Committee therefore recommends that there should be an officer other than the District Collector or District Magistrate or Deputy Commissioner, designated as Relief Commissioner, appointed at the District level to deal exclusively with the relief and rehabilitation work in the disaster affected areas. The Committee also recommends that the District Collector/District Magistrate/Deputy Commissioner being already overburdened, the work of relief and rehabilitation should be entrusted to a dedicated Relief Commissioner so that focussed attention could be given to the relief and rehabilitation work.                                                                                                          (para 8.2)

         The Committee is of the view that relief and rehabilitation continues much after the disaster has struck and in most of the cases rehabilitation works are required for long periods. The Committee therefore recommends tbat a Project Implementation Agency (PIA) should be provided for in every State/UT for organised relief and rehabilitation works and for consultation with international aid agencies. Further, it also recommends that people’s representation in such agency should be made mandatory.         (para 8.3)

         The Committee wishes to emphasize on training being made mandatory for all the officers, employees involved in disaster management. The Ministry replied that under clause 30(2) (xiii), the District Authority may facilitate community training and awareness programme for prevention of disaster or mitigation with support of local authorities and non-governmental organisations.                                                                                                                (para 8.4.0)

         The Committee while taking note of the reply recommends that the training in Civil Defence should be provided to all the citizens who have attained the age of eighteen years keeping in mind the spirit of Article 51 A (d) of the Constitution dealing with Fundamental Duties.                                                                                              (para 8.4.1)

         The Committee commends the Bill to Parliament for passage, as recommended by it.

                                                                                                                                       (para 8.5)

_______________________________________________________________________________________________

MINUTES

 

*XXIX

TWENTY - NINTH MEETING

         The Committee met at 3.00 p.m. on Monday, 11 July, 2005 in Committee Room 'A' Ground Floor, Parliament House Annexe, New Delhi.

            MEMBERS  PRESENT

      1.    Shrimati Sushma Swaraj           ------      Chairperson

            RAJYA  SABHA

      2.    Shri Rishang Keishing

      3.    Shri R.K. Dhawan

      4.    Shri S.S. Ahluwalia

      5.    Shri A. Vijayaraghavan

            LOK  SABHA

      6.    Shri C.K. Chandrappan

      7.    Shri T .K. Hamza

      8.    Shri Naveen Jindal

      9.    Prof. K.M. Kadar Mohideen

    10.    Shri Sachin Pilot

    11.    Shri Ashok Pradhan

    12.    Shri G. Karunakara Reddy

    13.    Shri Bajuban Riyan

    14.    Shri Braja Kishore Tripathy

    15.    Shri Beni Prasad Verma

            SECRETARIAT

            Shri Tapan Chatterjee, Joint Secretary

            Shri N. S .Walia, Deputy Secretary

            Shri Rohtas, Under Secretary

            Shri Ashok Kumar Sahoo, Committee Officer

       WITNESSES

       Representatives of Ministry of Home Affairs

       1.   Shri V .K. Duggal, Home Secretary

       2.   Shri N.A. Vishwanathan, Additional Secretary & FA

       3.   Shri Ashim Khurana, Joint Secretary

       4.   Shri R. Bhattacharaya, OSD & Ex-officio Joint Secretary, MHA

       5.   Prof. A.S. Arya, National Seismic Advisor

       6.   Shri Reddy Nagabhushan Rao, Director

       7.   Shri M.P. Sajnani, Advisor

       Representatives of Legislative Department, Ministry of Law & Justice

       1.   Shri Z. S .Negi, Additional Secretary

       2.   Dr. Mukulita Vijaywargiya, Deputy Legislative Counsel

       Representatives of Department of Legal Affairs, Ministry of Law & Justice

       1.   Shri K.D. Singh, Additional Secretary

       2.   Shri A.P. Agrawal, Joint Secretary & Legislative Counsel

2.      At the outset, the Chairperson welcomed the Members of the Committee and recaptulated the agenda of the day viz. presentation of Home Secretary on the Disaster Management Bill, 2005, consideration of Memorandum on CISF in light of the Action Taken Report furnished by the Ministry of Home Affairs and adoption of draft report on the Displaced Persons Claims and Other Laws Repeal Bill, 2004.

3.      *                                                                   *                                                                    *

3.1    *                                                                   *                                                                    *

4.      *                                                                   *                                                                    *

5.      Regarding the third item of the day i.e. presentation of Home Secretary on the Disaster Management Bill, 2005, the Chairperson informed the Committee that the Report on the Bill has to be presented to Paliament on or before 26 August, 2005 i.e. within the stipulated period of three months. She also stated that since the Union Government has not consulted State/UT Governments on the Bill, the Committee may do so and directed the Secretariat to obtain the views of the States/UTs on the Bill.

6.0    The Chairperson thereafter welcomed the Home Secretary and other officers to the meeting and invited him to make the presentation on the Disaster Management Bill, 2005. The Home Secretary after introducing his team of officers made a brief introduction on the Bill in light of the prevailing disaster management system in the country. Thereafter, he asked the Joint Secretary concerned to make a presentation on the Bill.

6.1    The Joint Secretary then made a power point presentation dwelling on the main features of the Bill viz. authorities to be constituted under the Bill; their composition, role and functions in case of any disaster. He also elucidated on two funds i.e., Disaster Management Relief Fund and Disaster Management Mitigation Fund. The establishment of National Institute of Disaster Management (NIDM), its research and development procedure, constitution of a Force for disaster management and their deployment, the penal provisions contained in the Bill in case of any lapse on the part of the officials or any other person were also touched upon in the presentation.

7.      The Chairperson thanked the officer for the presentation on the Bill and raised two points. Firstly, it was pointed out by the Chairperson that there is a provision of constitution of State Disaster Management Authority in every State but there is no parallel provision for Union Territories (UTs) in the Bill and that arrangements have to be made with respect to UTs with legislature and those without legislature. Secondly, she enquired whether the Governments of Bihar and Gujarat which had enacted their own laws on Disaster Management and whether any other States/UTs have been consulted in this regard.

8. The Home Secretary while answering the clarifications sought by the Chairperson admitted that there is no mention of UTs in the Bill and assured the Committee that appropriate provision would be made through on amendment in consultation with the  Ministry of Law & Justice. On the second point, the Home Secretary informed the Committee that the laws of Bihar and Gujarat were studied before drafting the Disaster Management Bill but no other States/UTs were consulted on the Bill.

9. 0   A Member raised the point of constitution of various Authorities/Committees under the Bill and expressed doubts about their co-ordination in planning and execution of various projects in the crisis situation, at the time of any disaster.

9.1    Some Members raised query regarding course of action available to the Central Government if State Governments did not following the minimum standards of relief; remedies in case of conflict of opinions between Central Advisory Committee and State Advisory Committee; guidelines to regulate functioning of NGO’s; revival of the Civil Defence system; provision for people’s training programme; co-option of the representatives of local elected bodies at District level; development of health care infrastructure to deal with post disaster situation and provision for two funds namely National Disaster Response Fund and National Disaster Mitigation Fund etc.

9.2    The Home Secretary with the help of other offices answered the queries of Members.

9.3    Besides queries, a lot of suggestions were made by the Members for further improvement of the Bill, which had been noted by the Home Secretary with an assurance to take them into consideration.

10.    Then the Chairperson on the behalf of the Committee thanked the officials of the Home Ministry .

(The witnesses then withdraw)

11.    A verbatim record of the proceeding was kept.

12.    The Committee adjourned at 5.05 p.m.

______________________________________________________________________________________________

xxx

THIRTIETH MEETING

         The Committee met at 11.00 a.m. on Wednesday, 20 July 2005 in Committee Room ‘A’ Ground Floor, Parliament House Annexe, New Delhi.

            MEMBERS  PRESENT

      1.    Shrimati Sushma Swaraj               ----- Chairperson

            RAJYA  SABHA

      2.    Shri V. Narayanasamy

      3.    Shri R.K. Dhawan

      4.    Shri S.S. Ahluwalia

      5.    Shri N. Jothi

            LOK   SABHA

      6.    Shri Biren Singh Engti

      7.    Shri Rahul Gandhi

      8.    Shri Tapir Gao

      9.    Shri T.K. Hamza

    10.    Shri Naveen Jindal

    11.    Prof. K.M. Kadar Mohideen

    12.    Prof. M. Ramadass

    13.    Shri G. Karunakara Reddy

    14.    Shri Bajuban Riyan

    15.    Dr. H.T. Sangliana

    16.    Shri Brij Bhushan Sharan Singh

    17.    Shri Braja Kishore Tripathy

    18.    Shri Beni Prasad Verma

            SECRETARIAT

            Shri Tapan Chatterjee, Joint Secretary

            Shri N.S. Walia, Deputy Secretary

            Shri Rohtas, Under Secretary

2.      At the outset, the Chairperson welcomed the Members of the Committee and recapitulated the agenda of the day viz. future course of action on the State Emblem of India (Prohibition of Improper Use) Bill, 2004 and discussion on the Disaster Management Bill, 2005. * * * The Committee may take up the clause-by- clause consideration of the State Emblem of India (Prohibition of Improper Use) Bill, 2004 and the Disaster Management Bill, 2005 on 10 August 2005. Thereafter, draft reports on both the Bills could be considered by the Committee on 22 August 2005 and presented/laid to both Houses of Parliament in the current Session.

3.      Then the Chairperson informed the Committee that the Secretariat had written letters to various States/UTs seeking their comments/suggestions on the Disaster Management Bill, 2005.

4.      While coming to the main agenda for the day i.e. discussion on the Disaster Management Bill, 2005, the Chairperson was of the view that omission regarding provisions of an authority in the UTs on the lines in states need to be addressed appropriately. She then requested the Members present to offer their suggestions on the Bill.

4.1    Most Members were in favour of incorporating a provision in the Bill for participation of people’s representatives in the various authorities constituted at National, State and District levels. They were of the view tha,t a Member of Parliament or a Member of State Legislature as the case may be, should be nominated to the Authorities.

4.2    Some Members were of the view that direct involvement of people in relief and rehabilitation instead of NGO’s would be more effective in any disaster situation and stressed on compulsory training programme for all the citizens above the age of eighteen years. Members suggested to bring out suitable amendments to include the people’s participation, in the proposed Bill. Regarding provision for training of officers & employees as mentioned in clause 10 (j), it was of the view that only trained officers & employees should be posted for Disaster Management jobs.

4.3    Member suggested need of-flexibility in the provisions to nominate MPs/MLAs in the National/State Authorities of the particular State affected by the disaster. He was of the view that such provisions may be for adhoc nomination.

4.4    Members also suggested some amendments in the penal provisions as mentioned in clauses 51 to 59 of the Bill. They pointed out some drafting errors in the Bill with reference to clause 57 of the Bill where a reference to Section 164 has been made without indicating to which Act/Legislations it belongs. Similarly there was no provision for who would file a complaint under clause 52 of the Bill. There was a Land Requisition and Acquisition Act 1955 and it was not clear whether that Act had been examined vis-a-vis clause 64 of the Bill. Under clause 76 of the Bill, the Central Government/State Government had been empowered to issue notification to remove any difficulty, if any, crises in giving effect to the provisions of this Act. However, proviso to this clause further states that no such order shall be made after expirations of two years from the commencement of this Act. It was not clear how and why this two year period had been calculated and what was its rationale. While discussing clause 54 which provided penalties for false warning, it was suggested that there should be some distinction between genuine warning of disaster which may prove wrong and the false warning with bad intention.

4.5    A Member suggested for a logical sequence of arrangement of the various authorities as mentioned in the definition part of the Bill. He wanted mention of the National Authority first followed by the National Executive Committee, and the National Plan, thereafter the State Authorities, the State Executive Committee and the State Plan followed by the District Authorities, the District Executive Committee and the District Plans.

4.6    Some Members apprehended that constitution of various Committee/Authorities at National, State and District level may lead to overlapping of work besides conflicts of opinion might arise among the Committees/ Authorities. It was also mentioned that there was no provision to resolve differences amongst various bodies. They were of the view that clubbing of Advisory Committee with the National Executive Committee could bring better coordination :for any disaster situation. -Clubbing of these two Gomri1ittee-’may bring advisors and executors on the same platform and it would help to reflect their view to make the implementation more effective.

4.7    Some Members mentioned that the Bill primarily focuses on relief measures but there was no scope for rehabilitation measures. They recommended for incorporation of a separate sections of the Bill regarding the longtime and permanent rehabilitation plan. They also recommended that there should a Relief Commissioner at National, State, District Level, whose exclusive responsibility should be to deal with relief and rehabilitation. Constitution of Project Implementation Agency was also recommended at State or District level to seek the assistance of international bodies. A provision may also be made for the inclusion of people’s representatives in the Agency.

5.0    While making suggestion on the Bill, a Member of Committee from North Eastern States stated that there are various Autonomous District Councils in the NE States and there was no Panchayat system there. In those areas the District Magistrates have limited powers as powers are entrusted in Autonomous Councils. He, therefore, recommended that the Chief Executive Members of the respective Autonomous District Council should be the Chairman of the District Disaster Management Committee in such areas.

5.1    Members raised queries regarding the definition of ‘disaster’ in clause 2(d) as the word “substantial” used in the definition is vague. It would be better if some improvement could be carried out in the definition of disaster.

5.2    A Member suggested that the Ministry of Drinking Water Supply as mentioned in clause 8 (b) should be replaced with the Ministry of Urban Development as supply of drinking water comes under latter’s purview.

6.      The Chairperson then thanked the Members for their valuable suggestions on the Bill and stated that this discussion would certainly help in drafting the Report on the Disaster Management Bill. She was, of the view that the Parliamentary Standing Committee system and the reference of important legislation for consideration was a good practice and would go a long way for in-depth debate on important subjects. She while expressing her gratitude thanked all the Members of the Committee.

7.      A verbatim record of the proceedings was kept.

8.      The meeting then adjourned at 12.20 p.m. to meet at 3.00 p.m. on 10 August 2005.

______________________________________________________________________________________________

*I

FIRST MEETING

         The Committee met at 3.00 p.m. on Monday, 22 August 2005 in Room No. 63, First Floor, Parliament House, New Delhi.

            MEMBERS   PRESENT

      1.    Smt. Sushma Swaraj    ------      Chairperson

            RAJYA   SABHA

      2.    Shri V. Narayanasamy

      3.    Shri R.K. Dhawan

      4.    Shri S.S. Ahluwalia

      5.    Shri N. Jothi

            LOK   SABHA

      6.    Shri C.K. Chandrappan .

      7.    Shri Biren Singh Engti

      8.    Shri Tapir Gao

      9.    Shri T.K. Hamza

    10.    Shri Naveen Jindal

    11.    Prof. K.M. Kadar Mohideen

    12.    Shri G. Karunakara Reddy

    13.    Shri Bajuban Riyan

    14.    Dr. H. T. Sangliana

    15.    Choudhary Bijendra Singh

    16.    Shri Braja Kishore Tripathy

            SECRETARIAT

            Shri Tapan Chatterjee, Joint Secretary

            Shri N.S. Walia, Deputy Secretary

            Shri Rohtas, Under Secretary

            Shri Ashok Kumar Sahoo, Committee Officer

            WITNESSES

            Representatives of Ministry of Home Affairs

      1.    Shri V .K. Duggal, Home Secretary

      2.    Dr. D. K. Sankaran, Secretary (Border Management)

      3.    Shri P. V. Bhide, Additional Secretary (C.S.)

      4.    Shri Yashwant Raj, Joint Secretary

      5.    Shrj R. Bhattacharaya, Joint Secretary

      6.    Shri Ashim Khurana, Joint Secretary

      7.    Shri M.P. Sajnani, Advisor (DM)

      8.    Shri P.G. Dhar Chakrabarti, Executive Director, NIDM

            Representatives of Ministry of Law & Justice

            Legislative Department

      1.    Shri T. K. Viswanathan, Secretary

      2.    Shri Z. S. Negi, Additional Secretary

      3.    Dr. Sanjay Singh, Joint Secretary & Legislative Counsel

      4.    Smt. Sharda Jain, Deputy Legislative Counsel

            Department of Legal Affairs

            Shri K.D. Singh, Additional Secretary

2.      At the outset the Chairperson welcomed the Members to the first meeting of the reconstituted Committee and apprised them of the agenda for the day viz. further consideration of the State Emblem of India (Prohibition of Improper Use) Bill, 2004 and clause-by-clause consideration of the Disaster Management Bill, 2005.

3.      *                                                                   *                                                                    *

4.      *                                                                   *                                                                    *

4.1    *                                                                   *                                                                    *

4.2    *                                                                   *                                                                    *

5.0    The Committee thereafter took up clause-by-clause consideration of the Disaster Management Bill, 2005.

Clause 2

5.1.0The clause seeks to define the various terms/ expressions commonly used in the Bill.

5.1.1The clause was adopted without any change.

Clause 3

5.2.0The clause seeks to establish the National Disaster Management Authority (NDMA). The NDMA shall consist of the Prime Minister as ex-officio Chairperson and nine other. members to be nominated by the PM. There is provision of designating one Member as Vice-Chairperson of the Authority by the PM.

5.2.1The Committee recommended that suitable provision may be made in the clause so that a Member each from Lok Sabha and Rajya Sabha, to be elected by the respective House, could serve as members of the NDMA, for a prescribed tenure.

5.2.2  Subject to the above, the clause was adopted.

Clauses 4 & 5

5.3.0  Clause 4 provides that the meetings of the National Authority would be convened and presided by its Chairperson and in his/her absence by the Vice-Chairperson. Clause 5 casts an obligation on the Central Government to provide secretarial assistance to the National Authority for carrying out its functions.

5.3.1 The clauses were adopted without any change.

Clause 6

5.4.0The clause lays down the powers and functions of the National Authority for laying down the policies, plans and guidelines for disaster management and also provides for exercise of powers of the Authority by the Chairperson, in the case of emergency, subject to post facto ratification by the National Authority.

5.4.1The clause was adopted without any change.

Clause 7

5.5.0The clause provides for constitution of an Advisory Committee consisting of experts in the field of disaster management, by the National Authority to make recommendations on various aspect of disaster management.

5.5.1The clause was adopted without any change.

Clauses 8 to 10

5.6.0These clauses provide for the constitution of the National Executive Committee comprising of Secretaries of 13 Ministries/Departments of Government of India and Chief of the Integrated Defence Staff of the Chiefs of Staff Committee to assist the National Authority. It also seeks to 3.authorise the Central Government to prescribe the powers, functions and procedure of the National Executive Committee which is also authorised to constitute its sub-committees. The powers and functions of the National Executive Committee, which inter-alia include the responsibility for implementing the policies and plans of the National Authority have been delineated under clause 10.

5.6.1The clauses were adopted without any changes.

Clause 11

5.7.0The clause makes it mandatory for preparation of the National Plan for Disaster Management for the whole country. It lays down the broad ambit of the Plan, which will be prepared in consultation with the State Governments and expert bodies or organisations in the field of disaster management. It provides for annual review and updating of the National Plan. It also provides for the various Ministries or Departments of the Government of India to draw up their own Plans in accordance with the National Plan.

5.7.1The Committee pointed out a drafting error and recommended for substitution of the word “and” by the words “to be” in clause 11 (2) (line 5).

5.7.2The clause was adopted as amended.

Clause 12

5.8.0The clause seeks to lay down the guidelines by the National Authority for minimum standards of relief to be provided to persons affected by disaster .

5.8.1The clause Was adopted without any change.

Clause 13

5.9.0The clause empowers the National Authority, in cases of disasters of severe magnitude, to give directions regarding relief in repayment of loans or for grant of fresh loans on concessional terms to the persons affected by such disasters.

5.9.1The Committee observes that though the clause implies that the National Authority may give directions for relief in case of disaster of severe magnitude, but the clause does not mention about the authority to decide the gravity of the disaster. It has been submitted by the Ministry of Home Affairs that a disaster of severe magnitude will be decided by the National Authority as it may make an objective assessment and determine the magnitude of disaster on case-to-case basis. The Committee was of the view that there is no provision to take care of the situation when the direction of the National Authority in regard to relief was not implemented by a State Government. The National Authority should be empowered to issue direction for compliance. It has been stated by the Ministry that clause 61 gives powers to the Central Government to issue direction to the State Governments.

5.9.2 The Committee however recommended that the contents of Clause 61 may be appropriately dovetailed in clause 13 or vice versa.

5.9.3 Subject to the above, the clause was adopted.

Clause 14

5.10.0  The clause provides for the establishment of the State Disaster Management Authority (SDMA) headed by the Chief Minister with nine other Members to be nominated by him.

5.10.1  The Committee recommended that like in the case of NDMA, a Member of the Legislative Assembly of the State may be elected by the House to be a member of the SDMA. In case of a bicameral legislature, a Member of the Legislative Council to be elected by that House, may also be made a member of the SDMA. The MLA/MLC would have a prescribed tenure in the SDMA. The Committee also recommended that the local Member of Parliament (Lok Sabha) of the District affected by disaster and the Member of Rajya Sabha who has adopted the affected district as the Nodal District under MPLADS, may be co-opted in the SDMA, as and when necessary.

5.10.2  Subject to above, the clause was adopted without any change.

Clauses 15& 16

5.11.0  Clauses 15 & 16 are corresponding provisions to clauses 4 & 5 dealing with meetings and secretarial assistance of/to NDMA.

5.11.1  The clauses were adopted without any change.

Clauses 17& 18

5.12.0  Clause 17 is the corresponding provision of clause 7 which intends to provide for the constitution of an Advisory Committee by the SDMA. Clause 18 lays down the powers and functions of the State Authority. It also provides for exercise of the powers of the State Authority by its Chairperson in case of emergency, subject to post facto ratification by the State Authority.

5.12.1  The clauses were adopted without any changes.

Clause 19

5.13.0  The clause provides for laying down detailed guidelines by the State Authority for minimum standards of relief, which will not be less than the minimum standards laid down in the guidelines by the National Authority.

5.13.1  The clause was adopted without any change.

Clauses 20-22

5.14.0  Clause 20 is the corresponding provision of clause 8. It seeks to provide for the constitution of the State Executive Committee to assist the State Authority. It also authorizes the State Government to prescribe the powers, functions and procedure of the State Executive Committee. In addition, delegation of powers and functions to the State Executive Committee by the State Authority is envisaged. Clause 21 enables the-State Executive Committee to constitute sub-committees. Clause 22 specifies the powers and functions of the State Executive Committee.

5.14.1  The clauses were adopted without any change.

Clause 23

5.15.0  This clause makes it mandatory for the State to have in place the State Disaster Management Plan. It lays down the broad ambit of the plan as well as the requirement of consultations in the preparation of the State Plan. It provides for annual review and updating of the State Plan. It also provides for the Departments of the State Government to draw up their own plans in accordance with the State Plan.

5.15.1  The clause was adopted without any change.

Clause 24

5.16.0  The clause lays down the powers and functions of the State Executive Committee in the event of a disaster or a threatening disaster situation.

5.16.1  The clause was adopted without any change.

Clause 25

5.17.0  The clause seeks to provide for the establishment of the District Disaster Management Authority (DDMA) for every District which shall function under the Chairmanship of Collector or District Magistrate or Deputy Commissioner, as the case may be. The composition of the District Authority shall consist of not more than seven members as may be prescribed by the State Government.

5.17.1  The Committee recommended for inclusion of a clause/ provision in the Bill for nomination of public representatives (like the Chairman of Zila Parishad and other local bodies) as co-Chairperson of the DDMA.

5.17.2  Subject to the above, the clause was adopted.

Clause 26

5.18.0  The clause prescribes the powers and functions of the Chairperson of the DDMA.

5.18.1  The clause was adopted without any change.

Clauses 27-30

5.19.0  Clause 27 provides for the frequency and venue of the meetings of the District Authority. Clause 28 empowers the District Authority to constitute Advisory Committees or other committees or sub-committees. Clause 29 enjoins upon the State Government to provide the District Authority with officers, consultants and other employees for carrying out its functions. Clause 30 prescribes the powers and functions of the DDMA which shall act as the district planning, coordinating and implementing body for disaster management and take all measures for the purposes of disaster management in the district in accordance with the guidelines laid down by the National Authority and the State Authority.

5.19.1  The clauses were adopted without any change.

Clause 31

5.20.0  The clause makes it mandatory to have a Disaster Plan for every district. It lays down the broad aspects to be covered by the District Plan, mandates consultation with Zila Parishad and the Municipality in the preparation of the Plan, and provides for annual review and updating the Plans. It also seeks to authorise the District Authority to review the implementation of the District Plan and issue directions to different Departments of the Government in the district for its implementation.

5.20.1  The clause was adopted without any change.

Clause 32

5.21.0  The clause makes it mandatory for every office of the Government of India and of the State Governments at the district level and the local authorities to prepare a disaster management plan. It lays down the broad coverage of the plan and provides for coordination of its preparation and implementation with local authority, communities and other stakeholders. It also provides for regular review and updation of the plan.

5.21.1  The clause was adopted without any change.

Clause 33

5.22.0  The clause empowers the DDMA to give directions to any officer of any Department at the district level or any local authority to take necessary measures for prevention or mitigation of a disaster.

5.22.1  The clause was adopted without any change.

Clause 34

5.23.0  The clause lays down the powers and functions of the District Authority in the event of any threatening disaster situation or disaster .

5.23.1  The clause was adopted without any change.

Clause 35

5.24.0  The clause enjoins upon the Central Government to take all such measures, as it deems necessary or expedient, for the purpose of disaster management. It also specifies some of the matters with respect to which such measures are required to be taken by the Central Government.

5.24.1  The clause was adopted without any change.

Clause 36

5.25.0  The clause seeks to specify the responsibility of the Ministries or Departments of the Government of India in regard to prevention, mitigation, preparedness and response to the Disasters. It also spells out some of the actions to be taken by the Ministries or Departments for this purpose.

5.25.1  The clause was adopted without any change.

Clause 37

5.26.0  The clause makes it mandatory for every Ministry/Department of the Government of India to prepare a disaster management plan. It also provides for annual review and updating of the plan and for approval of the original or updated plan by the National Authority. It enjoins upon the Ministries/Departments concerned to make provision for financing of the activities specified in the plan and to furnish a status report regarding the implementation of the plan to the National Authority, as and when required by it.

5.26.1  The clause was adopted without any change.

Clause 38

5.27.0  The clause makes it mandatory for the State Governments to take measures for the purpose of disaster management. It also specifies some of the matters in respect of which such measures are required to be taken by the State Governments.

5.27.1  The clause was adopted without any change.

Clause 39

5.28.0  The clause specifies the responsibility of every Department of the Government of a State in regard to prevention, mitigation, preparedness and response to disasters.

5.28.1  The clause was adopted without any change.

Clause 40

5.29.0  The clause makes it mandatory for every Department of State Government to prepare a disaster management plan and make provisions for financing of the plan. It also lays down the broad coverage of the plan, provides for annual review and updation of the plan and furnishing of a status report on its implementation to the State Executive Committee.

5.29.1  The clause was adopted without any change.

Clause 41

5.30.0  The clause specifies the functions of the local authority in regard to disaster management, which inter-alia ensures training for its officers and employees for disaster management.

5.30.1  The clause was adopted without any change.

Clauses 42 & 43

5 31.0  Clause 42 provides for the constitution of the National Institute of Disaster Management (NIDM) by the Central Government and seeks to lay down the responsibility and functions of the Institute. Clause 43 enjoins upon the Central Government to provide the NIDM with officers, consultants and other employees for carrying out its functions.

5.31.1  The clauses were adopted without any change.

Clauses 44 & 45

5.32.0  These clauses provide for the constitution of the National Disaster Response Force (NDRF) for the purpose of specialist response to a threatening disaster situation or disaster. The general superintendence, direction and control of the National Disaster Response Force would be vested with the National Authority and the command and supervision of the Force would vest with an officer known as the Director-General of the National Disaster Response Force.

5.32.1  The clauses were adopted without any change.

Clauses 46 -48

5.33.0  These clauses provide for the constitution of the National Disaster Response Fund (NDRF) and the National Disaster Mitigation Fund (NDMF) at National level and the corresponding funds at the State and District levels.

5.33.1  The Committee suggested that the National Fund for Disaster Response arid the National Disaster Mitigation Fund should also include provision for funding of rehabilitation work.

5.33.2 Subject to the above, the clauses were adopted.

Clause 49

5.34.0  The clause enjoins upon every Ministry/Department of the Government of India to make provision for funds in its annual budget for the purposes of carrying out the activities or programmes set out in its disaster management plan. It also seeks to lay down a similar obligation for Departments of the State Governments.

5.34.1  The clause was adopted without any change.

Clause 50

5.35.0  The clause seeks to empower the National Authority or State Authority or District Authority to authorise concerned Departments or authority to make emergency procurement of provisions of material for rescue and relief in case of any threatening disaster situation or disaster and the standard procedure requiring invitation of tenders shall be deemed to be waived.

5.35.1 The clause was adopted without any change.

Clauses 51 & 52

5.36.0  These clauses provide for punishment for obstruction to any officer or employee of Government or Authority in discharge of his functions and for false claim for obtaining relief, assistance or other benefits consequent to a disaster from any officer of the Government or Authority.

5.36.1  The Committee observed that the clauses provide for punishment, which was non-cognizable, for causing obstruction and making false claim. But it was not mentioned as to who would be the complainants in such cases. The Ministry had stated that that aspect would be considered in consultation with the Ministry of Law & Justice.

5.36.2  Subject to the above, the clauses were adopted.

Clauses 53 & 54

5.37.0  Clause 53 provides for punishment for misappropriation of money or material, meant for providing relief in any disaster situation or for wilfully compelling any other person to do so. Clause 54 provides for punishment for false warning as to a disaster or its severity or magnitude, leading to panic.

5.37. 1The clauses were adopted without any change.

Clause 55

5.38.0  The clause fixes the responsibility on the Head of the Department if any offence under this Act is committed by the Department unless it is committed without his knowledge.

5.38.1  The Committee suggested redrafting of sub-clause (1), as it extended liability on the Head of the Department in case any offence was committed by anyone from the Department. The Ministry had submitted that the Ministry of Law & Justice (Legislative Department) was redrafting this clause.

5.38.2  Subject to the above, the clause was adopted.

Clauses 56-59

5.39.0  These clauses provide punishment for the officer on duty or body corporate found guilty of contravention of the provisions of this Act and previous sanction for prosecution.

5.39.1  The Committee pointed out a typographical error in clause 57 (line 44) to the effect that “Section 164” should read as “Section 64”. The Ministry had agreed to rectify the error.

5.39.2  Subject to the above, the clauses were adopted.

Clause 60

5.40.0  The clause is a miscellaneous provision prohibiting discrimination on the ground of sex, caste, community, descent or religion for providing compensation and relief to the victims of disasters.

5.40.1  The clause was adopted without any change.

Clauses 61-68

5.41.0  These clauses inter alia vest power with Central Government to issue direction to facilitate or assist in disaster management; making or amending rules in certain circumstances; requisition of resources, provisions, vehicles for rescue operations; payment of compensation; dissemination by media of warnings.

5.41.1  The clauses were adopted without any change.

Clauses 69-73

5.42.0  These clauses provide for presentation of Annual Report of NDMA to both the Houses of Parliament; rule making power of Central Government & State Government; bar subordinate courts to entertain suits in respect of action taken, order made by Central Government, State Governments, NDMA, SDMA & DDMA; no prosecution in case of action taken in good faith, etc. and immunity from legal process.

5.42.1  The Committee suggested that the marginal heading titled “Action Taken in Good Faith” of clause 72 may be appropriately reflected in the body of the clause to which the Ministry had agreed.

5.42.2  Subject to the above, the clauses were adopted.

Clauses 74 and 75

5.43.0  These clauses empower the Central and the State Governments to make rules to carry out the provisions of the Act.

5.43.1  The clauses were adopted without any change.

Clause 76

5.44.0  This clause empowers the Central and the State Governments to make orders for removal of difficulties in giving effect to the provisions of the Act.

5.44.1  The clause was adopted without any change.

Clause I, Enacting Formula and Title

5.45.0  Clause I, the Enacting Formula and the Title were adopted without any change.

6.      After clause-by-clause consideration of the Bill, the draft 115th Report on the Disaster Management Bi1l, 2005 was adopted by the Committee.

7.      The Committee decided to present/lay the Reports on the State Emblem of India (Prohibition of Improper Use) Bill, 2004 and the Disaster Management Bill, 2005 to both Houses of Parliament on 25 August 2005. The Committee authorised its Chairperson and in her absence Shri R.K. Dhawan to present the Reports to the Rajya Sabha. The Committee also authorised Shri Braja Kishore Tripathy and in his absence, Shri Naveen Jindal to lay the Reports in the Lok Sabha.

8.      A verbatim record of the proceedings was kept.

9.      The Committee adjourned at 4.10 p.m.

_______________________________________________________________________________________________

ANNEXURES

ANNEXURE - I

As Introduced in the Rajya Sabha

 

THE DISASTER MANAGEMENT BILL,2005

--------------------------

ARRANGEMENT OF CLAUSES

--------------------------

CHAPTER I

Preliminary

 

Clauses

    1.    Short title, extent and commencement.

    2.    Definitions.

CHAPTER II

The National Disaster Management Authority

    3.    Establishment of National Disaster Management Authority.

    4.    Meetings of National Authority.

    5.    Appointment of officers and other employees of the National Authority.

    6.    Powers and functions of National Authority.

    7.    Constitution of advisory committee by National Authority.

    8.    Constitution of National Executive Committee.

    9.    Constitution of sub-committees.

  10.    Powers and functions of National Executive Committee. .

  11.    National Plan.

  12.    Guidelines for minimum standards of relief.

  13.    Relief in loan repayment, etc.

CHAPTER III

State Disaster Management Authorities

  14.    Establishment of State Disaster Management Authority.

  15.    Meetings of the State Authority.

  16.    Appointment of officers and other employees of State Authority.

  17.    Constitution of advisory committee by the State Authority.

  18.    Powers and functions of State Authority.

  19.    Guidelines for minimum standard of relief by State Authority.

  20.    Constitution of State Executive Committee.

  21.    Constitution of sub-committees by State Executive Committee.

  22.    Functions of the State Executive Committee.

  23.    State Plan.

  24.    Powers and functions of State Executive Committee in the event of threatening disaster situation.

 

CHAPTER IV

 

District Disaster Management Authority

 

  25.    Constitution of District Disaster Management Authority.

  26.    Powers of Chairperson of District Authority.

  27.    Meetings.

CLAUSES

  28.    Constitution of advisory committees and other committees.

  29.    Appointment of officess and other employees of District Authority.

  30.    Powers and functions of District Authority.

  31.    District Plan.

  32.    Plans by different authorities at district level and their implementation.

  33.    Requisition by the District Authority. .

  34.    Powers and functions of District Authority in the event of any threatening disaster situation or disaster.

CHAPTER V

Measures by the Government for Disaster Management

  35.    Central Government to take measures.

  36.    Responsibilities of Ministries or Departments of Government of India.

  37.    Disaster management plans of Ministries or Departments of Government of India

  38.    State Government to take measures.

  39.    Responsibilities of departments of the State Government.

  40.    Disaster management plan of departments of State.

CHAPTER VI

Local Authorities

  41.    Functions of the local authority.

CHAPTER VII

National Institute of Disaster Management

  42.    National Institute of Disaster Management.

  43.    Officers and other employees of the National Institute.

CHAPTER VIII

NATIONAL DISASTER RESPONSE FORCE

  44.    National Disaster Response Force.

  45.    Control, direction, etc.

CHAPTER IX

Finance, Accounts and Audit

  46.    National Mitigation Fund.

  47.    National Fund for Disaster Management.

  48.    Establishment of funds by State Government.

  49.    Allocation of funds by Ministries and Departments.

  50.    Emergency procurement and accounting.

CHAPTER X

Offences and Penalties

  51.    Punishment for obstruction, etc.

  52.    Punishment for false claim.

  53.    Punishment for misappropriation of money or material, etc.

  54.    Punishment for false warning.

  55.    Offences by Ministries or Departments 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.    Offence by companies.

  59.    Previous sanction for prosecution.

CHAPTER XI

Miscellaneous

  60.    Prohibition against discrimination.

  61.    Power to issue direction by the Central Government.

  62.    Powers to be made available for rescue operations.

  63.    Making or amending rules, etc., in certain circumstances.

  64.    Power of requisition of resources, provisions, vehicles, etc., for rescue operations,

  65.    Payment of compensation.

  66.    Direction to media for communication of warnings, etc.

  67.    Authentication of orders or decisions.

  68.    Delegation of powers.

  69.    Annual report.

  70.    Bar of jurisdiction of court.

  71.    Act to have overriding effect.

  72.    Action taken in good faith.

  73.    Immunity from legal process.

  74.    Power of Central Government to make rules.

  75.    Power of State Government to make rules.

  76.    Power to remove difficulties.

 

As introduced in the Rajya Sabha

 

Bill No. LV of 2005

THE DISASTER MANAGEMENT BILL, 2005

A

BILL

         to provide for the effective management of disasters and for matters connected therewith
or incidental thereto.

Be it enacted by Parliament in the Fifty-sixth Year of the Republic of India as follows:-

CHAPTER I

Preliminary

    

 

 

 

 

 

 

Definitions.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Constitution of advisory committee by National Authority.

 

 

Constitution of National Executive Committee.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Constitution os sub- committees.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

National Plan.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Guidelines for minimum standards of relief.

 

 

 

 

 

 

Relief in loan repayment, etc.

 

 

 

 

Establishment of State Disaster Management Authority.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Guidelines for minimum standard of relief by State Authority.

 

Constitution of State Executive Committee.

 

 

 

 

 

 

 

 

 

 

 

 

Constitution of sub- committees by State Executive Committee.

 

 

Functions of the State Executive Committee.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Powers and

functions of State Executive Committee in the event of threatening disaster situation.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Constitution of District Disaster Management Authority.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Plans by different authorities at district level and their implementa-tion.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Requisition by the District Authority.

 

Powers and functions of District Authority in the event of any threatening disaster situation or disaster.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Responsibill-ties of Ministries or Departments of Government of India.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Disaster management plans of Ministries or Departments of Govern-ment of India.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Responsbili-ties of departments of the State Government.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Officers and other employees of the National Institute.

 

 

 

 

 

National Disaster Response Force.

 

Control, direction, etc.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Punishment for obstruc-tion, etc.

 

 

 

 

 

 

 

 

 

Punishment for false claim.

 

 

 

Punishment for misappro- priation of money or material, etc.

 

Punishment for false warning.

 

 

Offences by Ministry or Departments of the Government.

 

 

 

 

 

Failure of officer in duty or his connivance at the contravention of the provisions of this Act.

 

Penalty for contravention of any order regarding requisitioning.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Power of requisition of resources, provisions, vehicles, etc. for rescue operations, etc.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Payment of compensation.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Immunity from legal process.

 

 

 

Power of Central Government to make rules.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Power of State Government to make rules.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

     1. (1) This Act may be called the Disaster Management Act, 2005.

     (2) It extends to the whole of India.

     (3) It shall come into force on such date as the Central Government may, by notification

in the Official Gazette appoint; and different dates may be appointed for different provisions

of this Act and for different States, and any reference to commencement in any provision of

this Act in relation to any State shall be construed as a reference to the commencement of

that provision in that State.

     2.  In this Act, unless the context otherwise requires,-

               (a) “affected area” means an area or part of the country affected by a disaster;

              (b) “capacity-building” includes-

                   (i) identification of existing resources and resources to be acquired or
              created;

                   (ii) acquiring or creating resources identified under sub-clause (i);

                   (iii) organisation and training of personnel and coordination of such training

              for effective management of disasters;

          (c) “Central Government” means the Ministry or Department of the Government
     of India having administrative control of disaster management;

          (d) “disaster” means a catastrophe, mishap, calamity or grave occurrence affecting
     any area, arising from natural or man made causes, or by accident or negligence which
     results in substantial loss of life or human suffering or damage to, and destruction of,
     property, or damage to, or degradation of, environment, and is of such a nature or
     magnitude as to be beyond the coping capacity of the community of the affected area;

          (e) “disaster management” means a continuous and integrated process of
     planning, organising, coordinating and implementing measures which are necessary
     or expedient for-

                   (i) prevention of danger or threat of any disaster;

                   (ii) mitigation or reduction of risk of any disaster or its severity or
              consequences;

                   (iii) capacity-building;

                   (iv) preparedness to deal with any disaster;

                   (v) prompt response to any threatening disaster situation or disaster;

                   (vi) assessing the severity or magnitude of effects of any disaster;

                   (vii) evacuation, rescue and relief;

                   (viii) rehabilitation and reconstruction;

              (f) “District Authority” means the District Disaster Management Authority
          constituted under sub-section (1) of section 25;

              (g) “District Plan” means the plan for disaster management for the district
          prepared under section 31;

              (h) “local authority” includes panchayati raj institutions, municipalities, a district

          board, cantonment board, town planning authority or any other body or authority, by

          whatever name called, for the time being invested by law, for rendering essential
          services or, with the control and management of civic services, within a specified           local area’

              (i) “mitigation” means measures aimed at reducing the risk, impact or effects of
          a disaster or threatening disaster situation;

              (j) “National Authority” means the National Disaster Management Authority
          established under sub-section (1) of section 3;

              (k) “National Executive Committee” means the Executive Committee of the
          National Authority constituted under sub-section (1) of section 8;

              (l) “National Plan” means the plan for disaster management for the whole of the
          country prepared under section 11 ;

              (m) “preparedness” means the state of readiness to deal with a threatening
          disaster situation or disaster and the effects thereof;

              (n) “prescribed” means prescribed by rules made under this Act;

              (o) “reconstruction” means repair or construction of any property after a disaster;

              (p) “resources” includes manpower, services, materials and provisions;

              (q) “State Authority,” means the State Disaster Management Authority
          established under sub-section (1) of section 14;

              (r) “State Executive Committee” means the Executive Committee of a State
          Authority constituted under sub-section (1) of section 20;

              (s) “State Plan” means the plan for disaster management for the whole of the
          State prepared under section 23.

CHAPTER II

The NationalDisaster Management Authority

     3. (1) With effect from such date as the Central Government may, by notification in the
Official Gazette appoint in this behalf, there shall be established for the purposes of this
Act, an authority to be known as the National Disaster Management Authority.

          (2) The National Authority shall consist of such number of members, not exceeding
ten, as may be prescribed by the Central Government and, unless the rules otherwise provide, the National Authority shall consist of the following :-

              (a) the Prime Minister of India, who shall be Chairperson, ex officio;

              (b) nine other members to be nominated by the Prime Minister.

              (c) the Chairperson of the National Authority may designate one of the members
          nominated under sub-clause (b) of sub-section (2) to be the Vice-Chairperson of the
          Authority.

     4. (1) The National Authority shall meet as and when necessary and at such time and
place as the Chairperson of the National Authority may think fit.

     (2) The Chairperson of the National Authority shall preside over the meetings of the
National Authority.

     (3) If for any reason the Chairperson of the National Authority is unable to attend any
meeting of the National Authority, the Vice-Chairman of the National Authority shall preside over the meeting.

     5. The Central Government shall provide the National Authority with such officers,
consultants and employees, as it considers necessary for carrying out the functions of
the National Authority.

     6. (1) Subject to the provisions of this Act, the National Authority shall have the
responsibility for laying down the policies, plans and guidelines for disaster management.

     (2) Without prejudice to generality of the provisions contained in sub-section (1), the Authority. National Authority may -

              (a) lay down policies on disaster management;

              (b) approve the National Plan;

              (c) approve plans prepared by the Ministries or Departments of the Government
          of India in accordance with the National Plan;

               (d) lay down guidelines to be followed by the State Authorities in drawing up           the State Plan;

              (e) lay down guidelines to be followed by the different Ministries or Departments
          of the Government of India for the purpose of integrating the measures for prevention
          of disaster or the mitigation of its effects in their development plans and projects;

              (f) coordinate the enforcement and implementation of the policy and plan for
          disaster management;

              (g) arrange for, and oversee, the provision of funds for the purpose of mitigation
          measures, preparedness and response;

              (h) provide such support to other countries affected by major disasters as may
          be determined by the Central Government;

              (i) take such other measures for the prevention of disaster, or the mitigation, or
          for preparedness and capacity building for dealing with the threatening disaster
          situation or disaster as it may consider necessary.

     (3) The Chairperson of the National Authority shall, in the case of emergency, have
power to exercise all or any of the powers of the National Authority but exercise of such
powers shall be subject to post facto ratification by the National Authority.

     7. (1) The National Authority may constitute an advisory committee consisting of
experts in the fieid of disaster management and having practical experience of disaster
management at the national, State or district level to make recommendations on different
aspects of disaster management.

     (2) The members of the advisory committee shall be paid such allowances as may be
prescribed by the Central Government.

     8. (1) The Central Government shall, immediately after issue of notification under sub-
section (1) of section 3, constitute a National Executive Committee to assist the National
Authority in the performance of its functions under this Act.

     (2) The National Executive Committee shall consist of the following members, namely:-

          (a) the Secretary to the Government of India in charge of the Ministry or Department
     of the Government of India having administrative control of the disaster management,
     who shall be Chairperson, ex officio;

          (b) the Secretaries to the Government of India in the Ministries or Departments
     having administrative control of the agriculture, atomic energy, defence, drinking water
     supply, environment and forests, finance (expenditure), health, power, rural
     development, science and technology, space, telecommunication, water resources
     and the Chief of the Integrated Defence Staff of the Chiefs of Staff Committee,
     ex officio.

     (3) The Chairperson of the National Executive Committee shall exercise such powers
and perform such functions as may be prescribed by the Central Government.

     (4) The procedure to be followed by the National Executive Committee in exercise of its
powers and discharge of its functions shall be such as may be prescribed by the Central 4
Government.

     9. (1) The National Executive Committee may, as and when it considers necessary,
constitute one or more sub-committees, for the efficient discharge of its functions.

     (2) The National Executive Committee shall, from amongst its members, appoint the
Chairperson of the sub-committee referred to in sub-section (1).

     (3) Any person associated as an expert with any sub-committee may be paid such allowances as may be prescribed by the Central Government.

     10. (1) The National Executive Committee shall assist the National Authority in the
discharge of its functions and have the responsibility for implementing the policies and plans of the National Authority and the directions issued by the Central Government in
regard to take all measures for the purpose of disaster management in the country.

     (2) Without prejudice to the generality of the provisions contained in sub-section (1),
the National Executive Committee may-

              (a) act as the coordinating and monitoring body for disaster management;

              (b) prepare the National Plan to be approved by the National Authority;

              (c) coordinate and monitor the implementation of the National Policy;

              (d) lay down guidelines for preparing disaster management plans by different
          Ministries or Departments of the Government of India and the State Authorities;

              (e) provide necessary technical assistance to the State Governments and the
          State Authorities for preparing their disaster management plans in accordance with
          the guidelines laid down by the National Authority;

              (f) monitor the implementation of the National Plan and the plans prepared by
          the Ministries or Departments of the Government of India;

              (g) monitor the implementation of the guidelines laid down by the National
          Authority for integrating of measures for prevention of disasters and mitigation by
          the Ministries or Departments in their development plans and projects;

               (h) monitor, coordinate and give directions regarding the mitigation and
          preparedness measures to be taken by different Ministries or Departments and
          agencies of the Government;

              (i) evaluate the preparedness at all governmental levels for the purpose of
          responding to any threatening disaster situation or disaster and give directions,
          where necessary, for enhancing such preparedness; .

              (j) plan and coordinate specialised training programme for disaster management
          for different levels of officers, employees and voluntary rescue workers;

              (k) coordinate response in the event of any threatening disaster situation or
          disaster;

              (l) lay down guidelines for, or give directions to, the concerned Ministries or
          Departments of the Government of India, the State Governments and the State
          Authorities regarding measures to be taken by them in response to any threatening
          disaster situation or disaster;

              (m) require any department or agency of the Government to make available to
          the National Authority or State Authorities such men or material resources as are
          available with it for the purposes of emergency response, rescue and relief;

              (n) advise, assist and coordinate the activities of the Ministries or Departments
          of the Government of India, State Authorities, statutory bodies, other governmental
          or non-governmental organisations and others engaged in disaster management;

              (o) provide necessary technical assistance or give advice to the State Authorities
          and District Authorities for carrying out their functions under this Act;

              (p) promote general education and awareness in relation to disaster
          management; and

              (q) perform such other functions as the National Authority may require it to
          perform.

     11. (1) There shall be drawn up a plan for disaster management for the whole of the
country to be called the National Plan.

     (2) The National Plan shall be prepared by the National Executive Committee having
regard to the National Policy and in consultation with the State Governments and expert
bodies or organisations in the field of disaster management, and approved by the National
Authority. .

     (3) The National Plan shall include-

          (a) measures to be taken for the prevention of disasters, or the mitigation of
     their effects;

          (b) measures to be taken for the integration of mitigation measures in the
     development plans;

          (c) measures to be taken for preparedness and capacity building to effectively
     respond to any threatening disaster situations or disaster; .

          (d) roles and responsibilities of different Ministries or Departments of the
     Government of India in respect of measures specified in clauses (a), (b) and (c).

     (4) The National Plan shall be reviewed and updated annually.

     (5) Appropriate provisions shall be made by the Central Government for financing the measures to be carried out under the National Plan.

     (6) Copies of the National Plan referred to in sub-sections (2) and (4) shall be made
available to the Ministries or Departments of the Government of lndia and such Ministries
or Departments shall draw up their own plans in accordance with the National Plan.

     12. The National Authority shall lay down guidelines for the minimum standards of
relief to be provided to persons affected by disaster, which shall 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 provisions 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;

              (iv) such other relief as may be necessary.

     13. The National Authority may, in cases of disasters of severe magnitude give
directions regarding relief in repayment of loans or for grant of fresh loans to the
persons affected by disaster on such concessional terms as may be appropriate.

CHAPTER III

StateDisaster Management Authorities

     14. (1) Every State Government shall, as soon as may be after the issue of the notification
under sub-section (1) of section 3, by notification in the Official Gazette, establish a State
Disaster Management Authority for the State with such name as may be specified in the
notification of the State Government.

     (2) A State Authority shall consist of such number of members, not exceeding ten, as
may be prescribed by the State Government and, unless the rules otherwise provide, the
State Authority shall consist of the following members, namely:-

          (a) the Chief Minister of the State, who shall be Chairperson, ex officio;

          (b) nine other members to be nominated by the Chief Minister;

          (c}the Chairperson of the State Executive Committee, ex officio.

          (d) the Chairperson of the State Authority may designate one of the members
     nominated under sub-section (b) to be the Vice-Chairperson of the State Authority;

     (3) The Chairperson of the State Executive Committee shall be Chief Executive Officer
of the State Authority, ex officio.

     15. (1) The State Authority shall meet as and when necessary and at such time and place as the Chairperson of the State Authority may think fit.

     (2) The Chairperson of the State Authority shall preside over the meetings of the
State Authority.

     (3) If for any reason, the Chairperson of the State Authority is unable to attend the
meeting of the State Authority, the Vice-Chairperson of the State Authority shall preside at the meeting.

     16. The State Government shall provide the State Authority with such officers,
consultants and employees, as it considers necessary, for carrying out the functions of the State Authority.

     17. (1) A State Authority may, as and when it considers necessary, constitute an
advisory committee, consisting of experts in the field of disaster management and having
practical experience of disaster management to make recommendations on different aspects
of disaster management.

     (2) The members of the advisory committee shall be paid such allowances as may be
prescribed by the State Government.

     18. (1) Subject to the provisions of this Act, a State Authority shall have the
responsibility for laying down policies and plans for disaster management in the State.

     (2) Without prejudice to the generality of provisions contained in sub-section (1), the
State Authority may -

              (a) lay down the State disaster management policy;

              (b) lay down the State Plan in accordance with the guidelines laid down by  the National Authority;

              (c) approve the disaster management plans prepared by the departments of  the Government of the State;

              (d) coordinate the implementation of the plan;

              (e) oversee the provision of funds for mitigation and preparedness measures;

              (f) review the development plans of the different departments of the State and
          ensure that prevention and mitigation measures are integrated therein;

              (g) review the measures being taken for mitigation, capacity building and
          preparedness by the departments of the Government of the State and issue such   guidelines or directions as may be necessary.

     (3) The Chairperson of the State Authority shall, in the case of emergency, have power to exercise all or any of the powers of the State Authority but the exercise of such powers shall be subject to post facto ratification of the State Authority.

     19. The State Authority shall lay down detailed guidelines for providing minimum
standards of relief to persons affected by disaster in the State:

     Provided that such standards shall in no case be less than the minimum standards laid down in the guidelines laid down by the National Authority in this regard.

     20. (1) The State Government shall, immediately after issue of notification under
sub-section (1) of section 14, constitute a State Executive Committee to assist the State Authority in the performance of its functions and to coordinate action in accordance with the guidelines laid down by the State Authority and the directions issued by the State Government under this Act.

     (2) The State Executive Committee shall consist of the following members, namely:-

          (a) The Chief Secretary to the State Government, who shall be Chairperson,
     ex officio;

          (b) four Secretaries to the Government of the State of such departments as the State Government may think fit, ex officio.

     (3) The Chairperson of the State Executive Committee shall exercise such powers  and perform such functions as may be prescribed by the State Government and such other powers and functions as may be delegated to him by the State Authority.

     (4) The procedure to be followed by the State Executive Committee in exercise of  its powers and discharge of its functions shall be such as may be prescribed by the State Government.

     21. (1) The State Executive Committee may, as and when it considers necessary, constitute one or more sub-committees, for efficient discharge of its functions.

     (2) The State Executive Committee shall, from amongst its members, appoint the
Chairperson of the sub-committee referred to in sub-section (1).

     (3) Any person associated as an expert with any sub-committee may be paid such allowances as may be prescribed by the State Government. .

     22. (1) The State Executive Committee shall have the responsibility for implementing
the National Plan and State Plan and act as the coordinating and monitoring body for management of disaster in the State.

     (2) Without prejudice to the generality of the provisions of sub-section (1), the State Executive Committee may-

          (a) coordinate and monitor the implementation of the National Policy, the National
     Plan and the State Plan;

          (b) examine the vulnerability of different parts of the State to different forms of disasters and specify measures to be taken for their prevention or mitigation;

          (c) lay down guidelines for preparation of disaster management plans by the
     departments of the Government of the State and the District Authorities;

          (d) monitor the implementation of disaster management plans prepared by the
     departments of the Government of the State and District Authorities;

          (e) lay down guidelines to be followed by the departments of the Government of the State for the purposes of integration of measures for prevention of disasters and mitigation in their development plans and projects and provide necessary technical assistance therefor;

          (f) monitor the implementation of measures referred to in clause (e);

          (g) evaluate preparedness at all governmental or non-governmental level to
     respond to any threatening disaster situation or disaster and give directions, where necessary, for enhancing such preparedness;

          (h) coordinate response in the event of any threating disaster situation or disaster;

          (i) give directions to any Department of the Government of the State or any other authority or body in the State regarding actions to be taken in response to any threatening disaster situation or disaster;

          (j) 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;

          (k) advise, assist and coordinate the activities of the Departments of the
     Government of the State, District Authorities, statutory bodies and other governmental    and non-governmental organisations engaged in disaster management;

          (l) provide necessary technical assistance or give advice to District Authorities
     and local authorities for carrying out their functions effectively;

          (m) advise the State Government regarding all financial matters in relation to
     disaster management; .

          (n) examine the construction, in any local area in the State and, if it is of the
     opinion that the standards laid for such construction for the prevention of disaster is   not being or has not been followed, may direct the District Authority or the local
     authority, as the case may be, to take such action as may be necessary to secure
     compliance of such standards;

          (o) provide information to the National Authority relating to different aspects of disaster management;

          (p) lay down, review and update State level response plans and guidelines and ensure that the district level plans are prepared, reviewed and updated;

          (q ) ensure that communication systems are in order and the disaster management     drills are carried out periodically;

          (q) perform such other functions as may be assigned to it by the State Authority or as it may consider necessary.

     23. (1) There shall be a plan for disaster management for every State to be called the State Disaster Management Plan.

     (2) The State Plan shall be prepared by the State Authority having regard to the
guidelines laid down by the National Authority and after such consultation with zila parishads,
district authorities and the people’s representatives as the State Authority may deem fit.

     (3) The State Plan shall include,-

          (a) the vulnerability of different parts of the State to different forms of disasters;

          (b) the measures to be adopted for prevention and mitigation of disasters;

          (c) the manner in which the mitigation measures shall be integrated with the
     development plans and projects;

          (d) the capacity-building and preparedness measures to be taken;

          (e) the roles and responsibilities of each Department of the Government of the
     State in relation to the measures specified in clauses (b), (c) and (d) above;

          (f) the roles and responsibilities of different Departments of the Government of the State in responding to any threatening disaster situation or disaster;

     (4) The State Plan shall be reviewed and updated annually.

     (5) Appropriate provisions shall be made by the State Government for financing for the measures to be carried out under the State Plan.

     (6) Copies of the State Plan referred to in sub-sections (2) and ( 4) shall be made available to the Departments of the Government of the State and such Departments shall draw up their own plans in accordance with the State Plan.

     24. For the purpose of, assisting and protecting the community affected by disaster or
providing relief to such community or, preventing oombating disruption or dealing with the effects of any threatening disaster situation, the State Executive Committee may -----

          (a) control and restrict, vehicular traffic to, from or within, the vulnerable or
     affected area

          (b) control and restrict the entry of any person into, his movement within and
     departure from, a vulnerable or affected area;

          (c) remove debris, conduct search and carry out rescue operations;

          (d) provide shelter, food, drinking water, essential provisions, healthcare and
     services in accordance with the standards laid down by the National Authority and    State Authority;

          (e) give direction to the concerned Department of the Government of the State, any District Authority or other authority, within the local limits of the State to take such meaure or steps for rescue, evacuation or providing immediate relief saving lives or   property, as may be necessary in its opinion;

          (f) require any department of the Government of the State or any other body or authority or person in charge of any relevant resources to make available the resource for the purposes of emergency response, rescue and relief;

          (g) require experts and consultants in the field of disasters to provide advise and    assistance for rescue and relief;

          (h) procure exclusive or preferential use of amenities from any authority or person    as and when required;

          (i) construct temporary bridges or other necessary structures and demolish
     unsafe structures which may be hazardous to public;

          (J) ensure that non-governmental organisations carry out their activities in
     equitable and non-discriminatory manner;

          (k) disseminate information to public to deal with any threatening disaster
     situation or disaster;

          (l) take such steps as the Central Government or the State Government may
     direct in this regard or take such other steps as are required or warranted by the form   of any threatening disaster situation or disaster.

CHAPTER IV

DistrictDisaster Management Authority

     25. (1) Every State Government shall, as soon as may be after issue of notification
under sub-section (1) of section 14, by notification in the Official Gazette, establish a District Disaster Management Authority for every district in the State with such name as may be specified in that notification.

     (2) The District Authority shall consist of such number of members, not exceeding
seven, as may be prescribed by the State Government, and unless the rules otherwise provide, it shall consist of the following members, namely: ------

          (a) the Collector or District Magistrate or Deputy Commissioner, as the case may
     be, of the district who shall be Chairperson, ex officio;

          (b) the Chief Executive Officer of the District Authority;

          (c) the Superintendent of Police, ex officio;

          (d) the Chief Medical Officer of the district, ex officio;

          (e) three other district level officers, to be appointed by the State Government.

     (3) The State Government shall appoint an officer not below the rank of Additional
Collector or Additional District Magistrate or Additional Deputy Commissioner, as the case may be, of the district to be the Chief Executive Officer of the District Authority to exercise such powers and perform such functions as may be prescribed by the State Government and such other powers and functions as may be delegated to him by the District Authority.

     26. (1) The Chairperson of the District Authority shall, in addition to presiding over
the meetings of the District Authority, exercise and discharge such powers and functions of the District Authority as the District Authority may delegate to him.

     (2) The Chairperson of the District Authority shall, in the case of an emergency, have power to exercise all or any of the powers of the District Authority but the exercise of such
powers shall be subject to post facto ratification of the District Authority.

     (3) The District Authority or the Chairperson of the District Authority may, by general
or special order, in writing, delegate such of its or his powers and functions, under sub-
sections (1) or (2), as the case may be, to the Chief Executive Officer of the District Authority, subject to such conditions and limitations, if any, as it or he deems fit.

     27. The District Authority shall meet as and when necessary and at such time and
place as the Chairperson may think fit.

     28. (1) The District Authority may, as and when it consider, necessary, constitute
one or more advisory committees and other committees for the efficient discharge of its functions.

     (2) The District Authority shall, from amongst its members, appoint the Chairperson of the Committee referred to in sub-section (1).

     (3) Any person associated as an expert with any committee or sub-committee
constituted under sub-section (1) may be paid such allowances as may be prescribed by the State Government.

     29. The State Government shall provide the District Authority with such officers,
consultants and other employees as it considers necessary for carrying out the functions of  District Authority.

     30. (1) The District Authority shall act as the district planning, coordinating and implementing body for disaster management and take all measures for the purposes of disaster management in the district in accordance with the guidelines laid down by the National Authority and the State Authority.

     (2) Without prejudice to the generality of the provisions of sub-section (1), the District
Authority may -----

          (i) prepare a disaster management plan including district response plan for the
     district;

          (ii) coordinate and monitor the implementation of the National Policy, State
     Policy, National Plan, State Plan and District Plan;

          (iii) ensure that the areas in the district vulnerable to disasters are identified and    measures for the prevention of disasters and the mitigation of its effects are undertaken by the departments of the Government at the district level as well as by the local authorities;

          (iv) ensure that the guidelines for prevention of disasters, mitigation of its effects,    preparedness and response measures as laid down by the National Authority and the State Authority are followed by all departments of the Government at the district level
     and the local authorities in the district;

          (v) give directions to different authorities at the district level and local authorities
     to take such other measures for the prevention or mitigation of disasters as may be
     necessary;

          (vi) lay down guidelines for prevention of disaster management plans by the
     department of the Government at the districts level and local authorities in the district;

          (vii) monitor the implementation of disaster management plans prepared by the
     Departments of the Government at the district level;

          (viii) lay down guidelines to be followed by the Departments of the Government
     at the district level for purpose of integration of measures for prevention of disasters
     and mitigation in their development plans and projects and provide necessary technical
     assistance therefor;

          (ix) monitor the implementation of measures referred to in clause (viii);

          (x) review the state of capabilities for responding to any disaster or threatening
     disaster situation in the district and give directions to the relevant departments or
     authorities at the district level for their upgradation as may be necessary;

          (xi) review the preparedness measures and give directions to the concerned
     departments at the district level or other concerned authorities where necessary for
     bringing the preparedness measures to the levels required for responding effectively
     to any disaster threatening disaster situation;

          (xii) organise and coordinate specialised training programmes for different levels
     of officers, employees and voluntary rescue workers in the district;

          (xiii) facilitate community training and awareness programmes for prevention of
     disaster or mitigation with the support of local authorities, governmental and non-
     governmental organisations;

          (xiv) set up, maintain, review and upgrade the mechanism for early warnings and
     dissemination of proper information to public;

          (xv) prepare, review and update district level response plan and guidelines;

          (xvi) coordinate response to any threatening disaster situation or disaster;

          (xvii) ensure that the Departments of the Government at the district level and the
     local authorities prepare their response plans in accordance with the district response
     plan;

          (xviii) lay down guidelines for, or give direction to, the concerned Department of
     the Government at the district level or any other authorities within the local limits of the
     district to take measures to respond effectively to any threatened disaster situation or
     disaster;

          (xviv) advise, assist and coordinate the activities of the Departments of the
     Government at the district level, statutory bodies and other governmental and non-
     governmental organisations in the district engaged in the disaster management;

          (xix) coordinate with, and give guidelines to, local authorities in the district to
     ensure that pre-disaster and post-disaster management activities in the district are
     carried out promptly and effectively;

          (xx) provide necessary technical assistance or give advise to the local authorities
     in the district for carrying out their functions;

          (xxi) review development plans prepared by the Departments of the Government
     at the district level, statutory authorities or local authorities with a view to make
     necessary provisions therein for prevention of disaster or mitigation;

          (xxii) examine the construction in any area in the district and, if it is of the
     opinion that the standards for the prevention of disaster or mitigation laid down for
     such construction is not being or has not been followed, may direct the concerned
     authority to take such action as may be necessary to secure compliance of such
     standards;

          (xxiii) identify buildings and places which could, in the event of any threatening
     disaster situation or disaster, be used as relief centers or camps and make arrangements
     for water supply and sanitation in such buildings or places;

          (xxiv) establish stockpiles of relief and rescue materials or ensure preparedness
     to make such materials available at a short notice;

          (xxv) provide information to the State Authority relating to different aspects of
     disaster management;

          (xxvi) encourage the involvement of non-governmental organisations and
     voluntary social-welfare institutions working at the grassroots level in the district for
     disaster management;

          (xxvii) ensure communication systems are in order, and disaster management
     drills are carried out periodically;

          (xxviii) perform such other functions as the State Government or State Authority
     may assign to it or as it deems necessary for disaster management in the District.

     31. (l) There shall be a plan for disaster management for every district of the State.

     (2) The District Plan shall be prepared by the District Authority, after consultation
with the zila parishad and municipality and having regard to the National Plan and the State Plan.

     (3) The District Plan shall include ------

          (a) the areas in the district vulnerable to different forms of disasters;

          (b) the measures to be taken, for prevention and mitigation of disaster, by the
     Departments of the Government at the district level and local authorities in the district;

          (c) the capacity-building and preparedness measures required to be taken by the
     departments of the Government at the district level and the local authorities in the
     district to respond to any threatening disaster situation or disaster;

          (d) the response plans and procedures, in the event of a disaster, providing for -----

              (i) allocation of responsibilities to the Departments of the Government at
          the district level and the local authorities in the district;

              (ii) prompt response to disaster and relief thereof;

              (iii) procurement of essential resources;

              (iv) establishment of communication links; and

              (v) the dissemination of information to the public;

          (e) such other matters as may be required by the State Authority.

     (4) The District Plan shall be reviewed and updated annually.

     (5) The copies of the District Plan referred to in sub-sections (2) and (4) shall be
made available to the departments of the Government in the district.

     (6) The District Authority shall send a copy of the District Plan to the State
Authority which shall forward it to the. State Government.

     (7) The District Authority shall, review from time to time, the implementation of
the Plan and issue such directions to the District authorities of different departments
of the Government in the district as it may deem necessary for the implementation
thereof.

     32. Every office of the Government of India and of the State Government at the district
level and the local authorities shall, subject to the supervision of the District Authority, -----

          (a) prepare a disaster management plan setting out the following, namely:-

              (i) provisions for prevention and mitigation measures as provided for in
          the District Plan and as is assigned to the department or agency concerned;

              (ii) provisions for taking measures relating to capacity-building and           preparedness as laid down in the District Plan;

              (iii) the response plans and procedures, in the event of, any threatening
          disaster situation or disaster;

          (b) coordinate the preparation and the implementation of its plan with those of
     the other organisations at the district level including local authority, communities and
     other stakeholders;

          (c) regularly review and update the plan; and

          (d) submit a copy of its disaster management plan, and of any amendment
     thereto, to the District Authority.

     33. The District Authority may by order require any officer or any Department at the
district level or any local authority to take such measures for the prevention or mitigation of disaster, or to effectively respond to it, as may be necessary, and such officer or department shall be bound to carry out such order.

     34. (1) For the purpose of assisting, protecting or providing relief to the community, in
response to any threatening disaster situation or disaster, the District Authority may -----

          (a) give directions for the release and use of resources available with any
     Department of the Government and the local authority in the district;

          (b) control and restrict vehicular traffic to, from and within, the vulnerable or
     affected area.

          (c) control and restrict the entry of any person into, his movement within and
     departure from, a vulnerable or affected area;

          (d) remove debris, conduct search and carry out rescue operations;

          (e) provide shelter, food, drinking water and essential provisions, healthcare and
     services;

          (f) establish emergency communication systems in the affected area;

          (g) make arrangements for the disposal of the unclaimed dead bodies;

          (h) direct any Department of the Government of the State or any authority or
     body under that Government at the district level to take such measures as are necessary
     in its opinion;

          (i) require experts and consultants in the relevant fields to advise and assist as
     it may deem necessary;

          (j) procure exclusive of preferential use of amenities from any authority or person;

          (k) construct temporary bridges or other necessary structures and demolish
     structures which may be hazardous to public or aggravate the effects of the disaster;

          (l) ensure that the non-governmental organisations carry out their activities in
     an equitable and non-discriminatory manner;

          (m) take such other steps as may be required or warranted to be taken in such a
     situation.

CHAPTER V

Measures by the Government forDisaster Management

     35. ( 1) Subject to the provisions of this Act, the Central Government shall take all such
measures as it deems necessary or expedient for the purpose of disaster management.

     (2) In particular and without prejudice to the generality of the provisions of sub-
section ( 1), the measures which the Central Government may take under that sub-section
include measures with respect to all or any of the following matters, namely:-

          (a) coordination of actions of the Ministries or Departments of the Government
     of India, State Governments, National Authority, State Authorities, governmental and
     non-governmental organisations in relation to disaster management;

          (b) ensure the integration of measures for prevention of disasters and mitigation
     by Ministries or Departments of the Government of India into their development plans
     and projects;

          (c) ensure appropriate allocation of funds for prevention of disaster, mitigation,
     capacity-building and preparedness by the Ministries or Departments of the Government
     of India;

          (d) ensure that the Ministries or Departments of the Government of India take
     necessary measures for preparedness to promptly and effectively respond to any
     threatening disaster situation or disaster;

          (e) cooperation and assistance to State Governments, as requested by them or
     otherwise deemed appropriate by it;

          (f) deployment of naval, military and air forces, other armed forces of the Union
     or any other civilian personnel as may be required for the purposes of this Act;

          (g) coordination with the United Nations agencies, international organisations
     and governments of foreign countries for the purposes of this Act;

          (h) establish institutions for research, training, and developmental programmes
     in the field of disaster management;

          (i) such other matters as it deems necessary or expedient for the purpose of
     securing effective implementation of the provisions of this Act.

     (3) The Central Government may extend such support to other countries affected by
major disaster as it may deem appropriate.

     36. It shall be the responsibility of every Ministry or Department of the Government of
India to ----- .

          (a) take measures necessary for prevention of disasters, mitigation, preparedness
     and capacity-building in accordance with the guidelines laid down by the National
     Authority;

          (b) integrate into its development plans and projects, the measures for prevention
     or mitigation of disasters in accordance with the guidelines laid down by the National
     Authority;

          (c) respond effectively and promptly to any threatening disaster situation or
     disaster in accordance with the guidelines of the National Authority or the directions
     of the National Executive Committee in this behalf;

          (d) review the enactments administered by it, its policies, rules and regulations,
     with a view to incorporate therein the provisions necessary for prevention of disasters,
     mitigation or preparedness;

          (e) allocate ‘funds for measures for prevention of disaster, mitigation, capacity-
     building and preparedness;

          (f) provide assistance to the National Authority and State Governments for -----

              (i) drawing up mitigation, preparedness and response plans, capacity-
          building, data collection and identification and training of personnel in relation
          to disaster management;

              (ii) carrying out rescue and relief operations in the affected area;

              (iii) assessing the damage from any disaster;

              (iv) carrying out rehabilitation and reconstruction;

          (g) make available its resources to the National Executive Committee or a State
     Executive Committee for the purposes of responding promptly and effectively to any
     threatening disaster situation or disaster, including measures for -----

              (i) providing emergency communication in a vulnerable or affected area;

              (ii) transporting personnel and relief goods to and from the affected area;

              (iii) providing evacuation, rescue, temporary shelter or other immediate
          relief;

              (iv) setting up temporary bridges, jetties and landing places;

              (v) providing, drinking water, essential provisions, healthcare, and services
          in an affected area;

          (h) take such other actions as it may consider necessary for disaster management.

     37. (1) Every Ministry or Department of the Government of India shall-

          (a) prepare a disaster management plan specifying the following particulars,
     namely: ------

              (i) the measures to be taken by it for prevention and mitigation of disasters
          in accordance with the National Plan;

              (ii) the specifications regarding integration of mitigation measures in its
          development plans in accordance with the guidelines of the National Authority
          and the National Executive Committee;

              (iii) its roles and responsibilities in relation to preparedness and capacity-
          building to deal with any threatening disaster situation or disaster;

              (iv) its roles and responsibilities in regard to promptly and effectively
          responding to any threatening disaster situation or disaster;

              (v) the present status of its preparedness to perform the roles and
          responsibilities specified in sub-clauses (iii) and (iv);

              (vi) the measures required to be taken in order to enable it to perform its
          responsibilities specified in sub-clauses (iii) and (iv);

          (b) review and update annually the plan referred to in clause (a);

          (c) forward a copy of the plan referred to in clause (a) or clause (b), as the case
     may be, to the Central Government which Government shall forward a copy thereof to
     the National Authority for its approval.

     (2) Every Ministry or Department of the Government of India shall -----

          (a) make, while preparing disaster management plan under clause (a) of sub-
     section (I), provisions for financing the activities specified therein;

          (b) furnish a status report regarding the implementation of the plan referred to in
     clause (a) of sub-section (1) to the National Authority, as and when required by it.

     38. (1) Subject to the provisions of this Act, each State Government shall take all
measures specified in the guidelines laid down by the National Authority and such further measures as it deems necessary or expedient, for the purpose of disaster management.

     (2) The measures which the State Government may take under sub-section (1) include
measures with respect to all or any of the following matters, namely: -----

          (a) coordination of actions of different departments of the Government of the
     State, the State Authority, District Authorities, local authority and other non-
     governmental organisations;

          (b) cooperation and assistance in the disaster management to the National
     Authority and National Executive Committee, the State Authority and the State
     Executive Committee, and the District Authorities;

          (c) cooperation with, and assistance to, the Ministries or Departments of the
     Government of India in disaster management, as requested by them or otherwise
     deemed appropriate by it;

          (d) allocation of funds for measures for prevention of disaster, mitigation,
     capacity-building and preparedness by the departments of the Government of the
     State in accordance with the provisions of the State Plan and the District Plans;

          (e) ensure that the integration of measures for prevention of disaster or mitigation
     by the departments of the Government of the State in their development plans and
     projects;

          (f) integrate in the State development plan, measures to reduce or mitigate the
     vulnerability of different parts of the State to different disasters;

          (g) ensure the preparation of disaster management plans by different departments
     of the State in accordance with the guidelines laid down by the National Authority and
     the State Authority;

          (h) establishment of adequate warning systems up to the level of vulnerable
     communities;

          (i) ensure that different departments of the Government of the State and the
     District Authorities take appropriate preparedness measures;

          (j) ensure that in a threatening disaster situation or disaster, the resources of
     different departments of the Government of the State are made available to the National
     Executive Committee or the State Executive Committee or the District Authorities, as
     the case may be, for the purposes of effective response, rescue and relief in any
     threatening disaster situation or disaster;

          (k) provide rehabilitation and reconstruction assistance to the victims of any
     disaster; and

          (l) such other matters as it deems necessary or expedient for the purpose of
     securing effective implementation of provisions of this Act.

     39. It shall be the responsibility of every department of the Government of a State to ----

          (a) take measures necessary for prevention of disasters, mitigation, preparedness
     and capacity-building in accordance with the guidelines laid down by the National
     Authority and the State Authority;

          (b) integrate into its development plans and projects, the measures for prevention
     of disaster and mitigation;

          (c) allocate funds for prevention of disaster, mitigation, capacity-building and
     preparedness;

          (d) respond effectively and promptly to any threatening disaster situation or
     disaster in accordance with the State Plan, and in accordance with the guidelines or
     directions of the National Executive Committee and the State Executive Committee;

          (e) review the enactments administered by it, its policies, rules and regulations
     with a view to incorporate therein the provisions necessary for prevention of disasters,
     mitigation or preparedness;

          (f) provide assistance, as required, by the National Executive Committee, the
     State Executive Committee and District Authorities, for -----

              (i) drawing up mitigation, preparedness and response plans, capacity-
          building, data collection and identification and training of personnel in relation
          to disaster management;

              (ii) assessing the damage from any disaster;

              (iii) carrying out rehabilitation and reconstruction;

          (g) make provision for resources in consultation with the State Authority for
     the implementation of the District Plan by its authorities at the district level;

          (h) make available its resources to the National Executive Committee or the State
     Executive Committee or the District Authorities for the purposes of responding promptly
     and effectively to any disaster in the State, including measures for ----

              (i) providing emergency communication with a vulnerable or affected area;

              (ii) transporting personnel and relief goods to and from the affected area;

              (iii) providing evacuation, rescue, temporary shelter or other immediate
          relief;

              (iv) carrying out evacuation of persons or live-stock from an area of any
          threatening disaster situation or disaster; .

              (v) setting up temporary bridges, jetties and landing places;

              (vi) providing drinking water, essential provisions, healthcare and services
          in an affected area;

          (i)such other actions as may be necessary for disaster management.

     40. (1) Every department of the State Government, in conformity with the guidelines
laid down by the State Authority, shall-

          (a) prepare a disaster management plan which shall lay down the following :-----

              (i) the types of disasters to which different parts of the State are vulnerable;

              (ii) integration of strategies for the prevention of disaster or the mitigation
          of its effects or both with the development plans and programmes by the
          department;

              (iii) the roles and responsibilities of the department of the State in the
          event of any threatening disaster situation or disaster and emergency support
          function it is required to perform;

              (iv) present status of its preparedness to perform such roles or responsibilities
          or emergency support function under sub-clause (iii);

              (v) the capacity-building and preparedness measures proposed to be put
          into effect in order to enable the Ministries or Departments of the Government of
          India to discharge its their responsibilities under section 37;

          (b) annually review and update the plan referred to in clause (a) and ;

          (c) furnish a copy of the plan referred to in clause (a) or clause (b), as the case
     may be, to the State Authority.

     (2) Every department of the State Government, while preparing the plan under sub-
section (1), shall make provisions for financing the activities specified therein.

     (3) Every department of the State Government shall furnish an implementation status
report to the State Executive Committee regarding the implementation of the disaster
management plan referred to in sub-section (1).

CHAPTER VI

Local Authorities

     41. (1) Subject to the directions of the District Authority, a local authority shall -----

          (a) ensure that its officers and employees are trained for disaster management;

          (b) ensure that resources relating to disaster management are so maintained as
     to be readily available for use in the event of any threatened disaster situation or
     disaster;

          (c) ensure all construction projects under it or within its jurisdiction conform to
     the standards and specifications laid down for prevention of disasters and mitigation
     by the National Authority, State Authority and the District Authority;

          (d) carry out relief, rehabilitation and reconstruction activities in the affected
     area in accordance with the State Plan and the District Plan.

     (2) The local authority may take such other measures as may be necessary for the
disaster management.

CHAPTER VII

National Institute of Disaster Management

     42. (1) With effect from such date as the Central Government may, by notification in
the Official Gazette appoint in this behalf, there shall be constituted an institute to be called the National Institute of Disaster Management.

     (2) Subject to the provisions of this Act, the National Institute of Disaster Management
shall be responsible for planning and promoting training and research in the area of disaster management, documentation and development of national level information base relating to disaster management policies, prevention mechanisms and mitigation measures.

     (3) Without prejudice to the generality of the provisions contained in sub-section (1),
the National Institute, for the discharge of its functions, may-

          (a) develop training modules, undertake research and documentation in disaster
     management and organise training programmes;

          (b) formulate and implement a comprehensive human resource development
     plan covering all aspects of disaster management;

          (c) provide assistance in national level policy formulation;

          (d) provide required assistance to the training and research institutes for
     development of training and research programmes for stakeholders including
     Government functionaries and undertake training of faculty members of the State level
     training institutes;

          (e) provide assistance to the State Governments and State training institutes in
     the formulation of State level policies, strategies, disaster management framework and
     any other assistance as may be required by the State Governments or State training
     institutes for capacity-building of stakeholders, Government including its functionaries;
     civil society members, corporate sector and people’s elected representatives;

          (f) develop educational materials for disaster management including academic
     and professional courses;

          (g) promote awareness among stakeholders including college or school teachers
     and students, technical personnel and others associated with multi-hazard mitigation,
     preparedness and response measures;

          (h) undertake, organise and facilitate study courses, conferences, lectures,
     seminars within and outside the country to promote the aforesaid objects;

          (i) undertake and provide for publication of journals, research papers and books
     and establish and maintain libraries in furtherance of the aforesaid objects;

          (j) do all such other lawful things as are conducive or incidental to the attainment
     of the above objects; and

          (k) undertake any other function as may be assigned to it by the Central
     Government.

     43. The Central Government shall provide the National Institute of Disaster
Management with such officers, consultants and other employees, as it considers  necessary for carrying out its functions.

CHAPTER VIII

National Disaster Response Force

     44. (1) There shall be constituted a National 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 Force shall be constituted in such manner
and, the conditions of service of the members of the Force, including disciplinary provisions
therefor, be such as may be prescribed.

     45. The general superintendence, direction and control of the Force shall be vested
and exercised by the National Authority and the command and supervision of the Force shall vest in an officer to be appointed by the Central Government as the Director General of the National Disaster Response Force.

CHAPTER IX

Finance, Accounts and Audit

     46. (1) The Central Government may, by notification in the Official Gazette, constitute
a fund to be called the National Disaster Response Fund for meeting any threatening disaster situation or disaster and there shall be credited thereto -----

          (a) an amount which the Central Government may, after due appropriation made
     by Parliament by law in this behalf provide;

          (b) any grants that may be made by any person or institution for the purpose of
     disaster management.

     (1) The National Disaster Response Fund shall be made available to the National
Executive Committee to be applied towards meeting the expenses for emergency response
and relief.

     47. (I) The Central Government may, by notification in the Official Gazette, constitute
a Fund to be called the National Disaster Mitigation Fund for projects exclusively for the
purpose of mitigation and there shall be credited thereto such amount which the Central
Government may, after due appropriation made by Parliament by law in this behalf, provide.

     (2) The National Disaster Mitigation Fund shall be applied by the National Authority
in relation to projects which are undertaken exclusively for the purpose of the mitigation.

     48. (1) The State Government shall, immediately after notifications issued for constituting the State Authority and the District Authorities, establish for the purposes this Act the following funds, namely: ------

          (a) the fund to be called the State Disaster Response Fund;

          (b) the fund to be called the District Disaster Response Fund;

          (c) the fund to be called the State Disaster Mitigation Fund;

          (d) the fund to be called the District Disaster Mitigation Fund.

     (2) The State Government shall ensure that the funds established-

          (i) under clause (a) of sub-section (I) is available to the State Executive Committee;

          (ii) under sub-clause (c) of sub-section (I) is available to the State Authority;

          (iii) under clauses (b) and (d) are available to the District Authority.

     49. (I) Every Ministry or Department of the Government of India shall make provisions,
in its annual budget, for funds for the purposes of carrying out the activities and programmes
set out in its disaster management plan.

     (2) The provisions of sub-section (1) shall, mutatis mutandis, apply to departments of
the Government of the State.

     50. Where by reason of any threatening disaster situation or disaster, the National
Authority or State Authority or District Authority is satisfied that immediate procurement of provisions or materials or the immediate application of resources are necessary for rescue or relief: -----

          (a) it may authorise the concerned department or authority to make the emergency
     procurement and in such case, the standard procedure requiring inviting of tenders
     shall he deemed to be waived;

          (b) a certificate about utilisation of provisions or materials by the controlling
     officer authorised by the National Authority, State Authority or District Authority, as
     the case may be, shall be deemed to be a valid document or voucher for the purpose of
     accounting of emergency precurement of such provisions or materials.

CHAPTER X

OFFENCES AND PENALTIES

     51. (1) Whoever, without reasonable cause -

          (a) obstructs any officer or employee of the Central Government or a State Government, or a person authorised by the National Authority or State Authority or
District Authority in the discharge of his functions under this Act; or

          (b) refuses to comply with any direction given by or on behalf of the Central
     Government or State Government or the National Executive Committee or State Executive
     Committee under this Act,

     shall on conviction be punishable with imprisonment for a term which may extend to
one year or with fine, or with both, and if such obstruction or refusal to comply with directions results in loss of lives or imminent danger thereof, shall on conviction be punishable with imprisonment for a term which may extend to two years.

     52. Whoever knowingly makes a claim which he knows or has reason to believe to be false for obtaining any relief, assistance, repair, reconstruction or other benefits consequent  to disaster from any officer of the Central Government, State Government, the National Authority, State Authority or District Authority, shall, on conviction be punishable with imprisonment for a term which may extend to two years, and also with fine.

     53. Whoever, being entrusted with any money or materials, or otherwise being, in
custody of, or dominion over, any money or goods, meant for providing relief in any
threatening disaster situation or disaster, misappropriates or appropriates for his own use or disposes of such money or materials or any part thereof or wilfully compels any other person so to do, shall on conviction be punishable with imprisonment for a term which may extend to two years, and also with fine.

     54. Whoever makes or circulates a false alarm or warning as to disaster or its severity
or magnitude, leading to panic, shall on conviction, be punishable with imprisonment which may extend to one year or with fine. .

     55. (1) Where an offence under this Act has been committed by any Department of the
Government, the head of the Department shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly unless he proves that the offence was committed without his knowledge or that he exercised all due diligence to
prevent the commission of such offence.

     (2) Notwithstanding anything contained in sub-section (1), where an offence under
this Act has been committed by a Department of the Government and it is proved that the
offence has been committed with the consent or connivance of, or is attributable to any
neglect on the part of, any officer, other than the head of the Department, such officer shall
be deemed to be guilty of that offence and shall be liable to be proceeded against and
punished accordingly.

     56. Any officer, on whom any duty has been imposed by or under this Act and who ceases or refuses to perform or withdraws himself from the duties of his office shall, unless  he has obtained the express written permission of his official superior or has other lawful excuse for so doing, be punishable with imprisonment for a term which may extend to one  year or with fine.

     57.  If any person contravenes any order made under section 164, he shall be punishable
with imprisonment for a term which may extend to one year or with fine or with both.

     58. (1) Where an offence under this Act has been committed by a company or body
corporate, every person who at the time the offence was committed, was in charge of, and
was responsible to, the company, for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the contravention and shall be liable to be
proceeded against and punished accordingly:

     Provided that nothing in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his
knowledge or that he exercised due diligence to prevent the commission of such offence.

     (2) Notwithstanding anything contained in sub-section (1), where an offence under
this Act has been committed by a company, and it is proved that the offence was committed
with the consent or connivance of or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also, be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

     Explanation.-For the purpose of this section -

          (a) “company” means any body corporate and includes a firm or other association
     of individuals; and

          (b) “director”, in relation to a firm, means a partner in the firm.

     59. No prosecution for offences punishable under sections 55 and 56 shall be instituted
except with the previous sanction of the Central Government or the State Government, as the case may be, or of any officer authorised in this behalf, by general or special order, by such Government.

CHAPTER XI

MISCELLANEOUS

     60. While providing compensation and relief to the victims of disaster, there shall be
no discrimination on the ground of sex, caste, community, descent or religion.

     61. Notwithstanding anything contained in any other law for the time being in force, it shall be lawful for the Central Government to issue direction in writing to the Ministries or Departments of the Government of India, or National Executive Committee or a State Government, State Authority, State Executive Committee, statutory bodies or any of its officers or employees, as the case may be, to facilitate or assist in the disaster management and such Ministry or Department or Government or Authority, Executive Committee, statutory body, officer or employee shall be bound to comply with such direction.

     62. Any officer or authority of the Union or a State, when requested by the National
Executive Committee, any State Executive Committee or District Authority or any person
authorised by such Committee or Authority in this behalf, shall make available to that
Committee or authority or person, such officers and employees as requested for, to perform any of the functions in connection with the prevention of disaster or mitigation or rescue or relief work.

     63. Subject to the provisions of this Act, if it appears to the National Executive Committee, State Executive Committee or the District Authority, as the case may be, that  provisions of any rule, regulation, notification, guideline, instruction, order, scheme or bye-laws, as the case may be, are required to be made or amended for the purposes of prevention of disasters or the mitigation thereof, it may require the amendment of such rules, regulation, notification, guidelines, instruction, order, scheme or bye-laws, as the case may be, for that purpose, and the appropriate department or authority shall take necessary action to comply with the requirements.

     64. (1) If it appears to the National Executive Committee, State Executive Committee or
District Authority or any officer as may be authorised by it in this behalf that-

          (a) any resources with any authority or person are needed for the purpose of
     prompt response;

          (b) any premises are needed or likely to be needed for the purpose of rescue
     operations; or

          (c) any vehicle is needed or is likely to be needed for the purposes of transport
of resources from disaster affected areas or transport of resources to the affected area
or transport in connection with rescue, rehabilitation or reconstruction,

such authority may, by order in writing, requisition such resources or premises or such
vehicle, as the case may be, and may make such further orders as may appear to it to be
necessary or expedient in connection with the requisitioning.

     (2) Whenever any resource, premises or vehicle is requisitioned under sub-section
(1), the period of such requisition shall not extend beyond the period for which such resource, premises or vehicle is required for any of the purposes mentioned in that sub-section.

     (3) In this section,-

          (a) “resources” includes men and material resources;

          (b) “services” includes facilities;

          (c) “premises” means any land, building or part of a building and includes a hut,
     shed or other structure or any part thereof;

          (d) “vehicle” means any vehicle used or capable of being used for the purpose
     of transport, whether propelled by mechanical power or otherwise.

     65. (1) Whenever any authority, referred to in sub-section (1) of section 64, in pursuance
of that section requisitions any premises, there shall be paid to the persons interested
compensation the amount of which shall be determined by taking into consideration the
following, namely:-

          (i) the rent payable in respect of the premises, or if no rent is so payable, the rent
     payable for similar premises in the locality;

          (ii) if as consequence of the requisition of the premises the person interested is
     compelled to change his residence or place of business, the reasonable expenses (if
     any) incidental to such change:

     Provided that where any person interested being aggrieved by the amount of
compensation so determined makes an application within the thirty-days to the Central
Government or the State Government, as the case may be, for referring the matter to an
arbitrator, the amount of compensation to be paid shall be such as the arbitrator appointed in this behalf by the Central Government or State Government, as the case may be, may determine:

     Provided further that where there is any dispute as to the title to receive the compensation or as to the apportionment of the amount of compensation, it shall be referred by the Central Government or the State Government, as the case may be, to an arbitrator appointed in this behalf by the Central Government or State Government, as the case may be, for determination, and shall be determined in accordance with the decision of such arbitrator.

     Explanation.-In this sub-section, the expression “person interested” means the person who was in actual possession of the premises requisitioned under section 64 immediately before the requisition, or where no person was in such actual possession, the owner of such premises.

     (2) Whenever any Authority, referred to in sub-section (1) of section 64 in pursuance of that section requisitions any vehicle, there shall be paid to the owner thereof compensation the amount of which shall be determined by the Central Government or the State Government, as the case may be, on the basis of the fares or rates prevailing in the locality for the hire of such vehicle:

     Provided that where the owner of such vehicle being aggrieved by the amount of compensation so determined makes an application within the prescribed time to the Central Government or the State Government, as the case may be, for referring the matter to an arbitrator, the amount of compensation to be paid shall be such as the arbitrator appointed in this behalf by the Central Government or the State Government, as the case may be, may determine:

     Provided further that where immediately before the requisitioning the vehicle or vessel was by virtue of a hire purchase agreement in the possession of a person other than the owner, the amount determined under this sub-section as the total compensation payable in respect of the requisition shall be apportioned between that person and the owner in such manner as they may agree upon, and in default of agreement, in such manner as an arbitrator appointed by the Central Government or the State Government, as the case maybe, in this behalf may decide.

     66. The National Authority, the State Authority, or a District Authority .may give any authority or person in control of any audio or audio-visual media or such other means of communication as may be available to carry any warning or advisories regarding any threatening disaster situation or disaster, and the said means of communication and media as designated shall comply with such direction.

     67. Every order or decision of the National Authority or the National Executive  Committee, the State Authority, or the State Executive Committee or the District Authority, shall be authenticated by such officers of the National Authority or the National Executive Committee or, the State Executive Committee, or the District Authority, as may be autherised by it in this behalf.

     68. The National Executive Committee, State Executive Committee, as the case may be, by general or special order in writing, may delegate to the Chairperson or any other member or to any officer, subject to such conditions and limitations, if any, as may be specified in the order, such of its powers and functions under this Act as it may deem necessary.

     69. The National Authority shall prepare once every year, in such form and at such Annual time as may be prescribed by rules, an annual report giving a true and full account of its activities during the previous year and copies thereof shall be forwarded to the Central Government and that Government shall cause the same to be laid before both Houses of Parliament within one month of its receipt.

     70. No court (except the Supreme Court or a High Court) shall have jurisdiction to  entertain any suit or proceeding in respect of anything done, action taken, orders made,  direction, instruction or guidelines issued by the Central Government, National Authority, State Government, State Authority or District Authority in pursuance of any power conferred by, or in relation to its functions, by this Act.

     71. The provisions of this Act, shall have effect, notwithstanding anything inconsistent  therewith contained in any other law for the time being in force or in any instrument having  effect by virtue of any law other than this Act.

     72. No suit or prosecution or other proceeding shall lie in any court against the Central Government or the National Authority or the State Government or the State Authority or the District Authority or local authority or any officer or employee of the Central Government or the National Authority or the State Government or the State Authority or the District Authority or local authority or any person working for on behalf of such Government or authority in respect of any work done or purported to have been done or intended to be done by such authority or Government or such officer or employee or such person under provisions of this Act or the rules or regulations made thereunder.

     73. Officers and employees of the Central Government, National Authority, National Executive Committee, State Government, State Authority, State Executive Committee or District Authority shall be immune from legal process in regard to any warning in respect of any impending disaster communicated or disseminated by them in their official capacity or any action taken or direction issued by them in pursuance of such communication or dissemination.

     74. (1) The Central Government may, by notification in the Official Gazette, make rules
for carrying out the purposes of this Act.

     (2) In particular, and without prejudice to the generality of the foregoing power, such
rules may provide for all or any of the following matters, namely :-

          (a) the composition and number of the members of the National Authority under
     sub-section (2) of section 3;

          (b) the allowances to be paid to the members of the advisory committee under
     sub-section (2) of section 7;

          (c) the powers and functions of the Chairperson of the National Executive
     Committee under sub-section (3) of section 8 and the procedure to be followed by the
     National Executive Committee in exercise of its powers and discharge of its functions
     under sub-section (4) of section 8;

          (d) allowances to be paid to the persons associated with the sub-committee
     constituted by the National Executive Committee under sub-section (3) of section 9;

          (e) the manner of constitution of the Force, the conditions of service of the
     members of the Force, including disciplinary provisions under sub-section (2) of section
     44;

          (f) the form in which and the time within which annual report is to be prepared
     under section 69;

          (g) any Other matter which is to be, or may be, prescribed, or in respect of which
     provision is to be made by rules.

     (3) Every rule made by the Central Government under this Act shall be laid, as soon as
may be after it is made, before each House of Parliament, while it is in Session for a total
period of thirty days which may be comprised in one session or in two or more successive
sessions, and if, before the expiry of the session immediately following the session or the
successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

     75. (1) The State Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.

     (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-

          (a) the composition and number of the members of the State Authority under
     sub-section (2) of section 14;

          (b) the allowances to be paid to the members of the advisory committee under
     sub-section (2) of section 17;

          (c) the powers and functions of the Chairperson of the State Executive Committee
     under sub-section (3), and the procedure to be followed by the State Executive
     Committee in exercise of its powers and discharge of its functions under sub-section
     (4) of section 20;

          (d) allowances to be paid to the persons associated with the sub-committee
     constituted by the State Executive Committee under sub-section (3) of section 21 ;

          (e) the composition and the number of members of the District Authority under
     sub-section (2), and the powers and functions to be exercised and discharged by the
     Chief Executive Officer of the District Authority under sub-section (3) of section 25;

          (f) allowance payable to the persons associated with any committee constituted
     by the District Authority as experts under sub-section (3) of section 28;

          (g) any other matter which is to be may be, or may be, prescribed, or in respect of
     which provision is to be made by rules.

     (3) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses; or where such Legislature consists of one House before that House.

     76. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central  Government or the State Government, as the case may be, may, by notification in the Official Gazette, make order not inconsistent with the provisions of this Act may appear to it to be necessary or expedient for the removal of the difficulty:

     Provided that no such order shall be made after the expiration of two years from the commencement of this Act,

     (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament or the Legislature, as the case may be.

 

Short title, extent and commence-ment.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Establishment of National Disaster Management Authority.

 

 

 

 

 

 

 

 

Meeting of National Authority.

 

 

 

 

Appointment of officers, and other employees of the National Authority.

 

Powers and functions of National Authority.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Powers and functions of National Executive Committee.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Meetings of the State Authority.

 

 

 

 

 

Appointment of officers and other employees of State Authority.

 

 

Constitution of advisory committee by the State Authority.

 

 

Powers and functions of State Authority.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

State Plan.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Powers of Chairperson of District Authority.

 

 

 

 

 

 

 

Meetings.

 

Constitution of advisory committees and other committees.

 

 

 

 

 

Appointment of officers and other employees of District Authority.

 

Powers and functions of District Authority.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

District Plan.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Central Government to take measures.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

State Government to take measures.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Disaster management plan of departments of State.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Functions of the local authority.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

National Institute of Disaster Management.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

National Fund for Disaster Response.

 

 

 

 

 

 

 

 

National Mitigation Fund.

 

 

 

Establishment of funds by State Government.

 

 

 

 

 

 

 

 

 

 

Allocation of funds by Ministries and Departments.

 

 

Emergency procurement and accounting.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Offence by companies

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Previous sanction for prosecution.

 

 

 

 

Prohibition against discrimination.

 

Power to issue direction by the Central Government.

 

 

 

Powers to be made available for rescue operations.

 

 

Making or amending rules, etc., in certain circumstan-ces.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Direction to media for communica-tion of warnings, etc.

 

Authentica-tion of orders or decisions.

 

Delegation of powers.

 

 

Annual report.

 

 

 

 

Bar of Jurisdiction of court.

 

Act to have overriding effect.

 

Action taken in good faith.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Power to remove diffculties.

 

 

 

_______________________________________________________________________________________________STATEMENT OF OBJECTS AND REASONS

         The Government have decided to enact a law on disaster management to provide for requisite institutional mechanisms for drawing up and monitoring the implementation of the disaster management plans, ensuring measures by various wings of Government for prevention and mitigating effects of disasters and for undertaking a holistic, coordinated and prompt response to any disaster situation.

2.      The Disaster Management Bill, 2005 provides for setting up of a National Disaster Management Authority under the Chairmanship of the Prime Minister, State Disaster Management Authorities under the Chairmanship of the Chief Ministers and District Disaster Management Authorities under the Chairmanship of District Magistrates. The Bill also provides for concerned Ministries or Departments to draw up department-wise plans in accordance with the national disaster management plan. It provides for constitution of a National Disaster Response Force and setting up the National Institute of Disaster Management. The Bill provides for the constitution of the National Fund for Disaster Response and the National Fund for Disaster Mitigation and similar Funds at the State and District levels. The Bill provides for specific role for Local Bodies in disaster management including Panchayati Raj Institutions as well as Urban Local Bodies like Municipalities.

3.      The proposed enactment will facilitate effective steps for the mitigation of disasters, prepare for and coordinate effective response to disasters, as also matters connected therewith or incidental thereto.

4.      The Bill seeks to achieve the above objects.

SHIVRAJ PATIL.

New Delhi;

The 8thMay, 2005
_______________________________________________________________________________________________

NOTES ON CLAUSES

Clause 3

seeks to establish the National Disaster Management Authority (hereinafter called the National Authority) and provide for its composition.

Clause 4

seeks to make provisions for the meetings of the National Authority.

Clause 5

seeks to create an obligation on the Central Government to provide the National Authority with officers, consultants and other employees, as considered necessary by it, for carrying out the functions of the National Authority.

Clause 6

seeks to lay down the responsibility and functions of the National Authority and provides for exercise of the powers of the Authority by its Chairperson, in the case of emergency, subject to post facto ratification by the National Authority.

Clause 7

seeks to provide for constitution of an advisory committee by the National Authority and also the Central Government to prescribe allowances to be paid to the members of the advisory committee.

Clause 8

seeks to provide for the constitution of the National Executive Committee to assist the National Authority. It also seeks to authorise the Central Government to prescribe the powers, functions and procedure of the National Executive Committee.

Clause 9

seeks to provide for the constitution of sub-committees by the National Executive Committee and enables the Central Government to prescribe and make payment of allowances to any person associated as an expert in any sub-committee.

Clause 10

seeks to prescribe the powers and functions of the National Executive Committee.

Clause 11

seeks to make it mandatory to prepare the National Disaster Management Plan for the whole of the country. It lays down the broad coverage of the plan and the requirements of consultation in the preparation of the plan. It provides for annual review and updating of the National Plan. It enjoins upon the Central Government to make provisions for financing the activities to be carried out under the National Plan. It also provides for the Ministries or Departments of the Government of India to draw up-their own plans in accordance with the National Plan.

Clause 12

seeks to provide for laying down the guidelines by the National Authority for minimum standards of relief and spells out certain important aspects to be included in the guidelines.

Clause 13

seeks to empower the National Authority, in cases of disasters of severe magnitude, to give directions regarding relief in repayment of loans or for grant of fresh loans on concessional terms to the persons affected by such disasters.

Clause 14

seeks to provide for the establishment of the State Disaster Management Authority (hereinafter called the State Authority) by the State Government and provides for the composition of the State Authority.

Clause 15

seeks to provide for the frequency, venue and presiding authority for the meetings of the State Authority.

Clause 16

seeks to enjoin upon the State Government concerned to provide the State Authority with such officers, consultants and other employees, as it considers necessary for carrying out the functions of the State Authority.

Clause 17

seeks to provide for the constitution of an advisory committee by the State Authority and also seeks to enable the State Government to prescribe allowances and to make payment of such allowances to the members of the advisory committee.

Clause 18

seeks to lay down the responsibility and functions of the State Authority and provides for exercise of the powers of the State Authority by its Chairperson in the case of emergency, subject to post facto ratification by the State Authority.

Clause 19

seeks to provide for laying down detailed guidelines by the State Authority for minimum standards of relief, which will not be less than the minimum standards laid down in the guidelines by the National Authority.

Clause 20

seeks to provide for the constitution of the State Executive Committee to assist the State Authority. It also seeks to authorise the State Government to prescribe the powers, functions and procedure of the State Executive Committee. In addition, delegation of powers and functions to the State Executive Committee by the State Authority is envisaged.

Clause 21

seeks to specify the responsibility and functions of the State Executive Committee.

Clause 22

seeks to make it mandatory for the State to have the State Disaster Management Plan. It lays down the broad coverage of the plan as well as the requirements of consultation in the preparation of the State Plan. It provides for annual review and updating the State Plan. It enjoins upon the State Government to make provisions for financing the activities to be carried out under the State Plan. It also provides for the departments of the State Government to draw up their own plans in accordance with the State Plan.

Clause 23

seeks to lay down the powers and functions of the State Executive Committee in the event of a disaster or a threatening disaster situation.

Clause 24

seeks to provide for the establishment of the District Disaster Management Authority for every District and provides its composition.

Clause 25

seeks to provide power to prescribe the powers and functions of the Chairperson of the District Authority.

Clause 26

seeks to provide for the frequency and venue of the meetings of the District Authority.

Clause 27

seeks to empower the District Authority to constitute committees or sub- committees and also enables it to make payment of allowances to any person associated as an expert with these committees, at the rates to be prescribed by the State Government.

Clause 28

seeks to enjoin upon the State Government to provide the District Authority with officers, consultants and other employees for carrying out its functions.

Clause 29

seeks to provide the power to prescribe the powers and functions of the District Authority.

Clause 30

seeks to make it mandatory to have a disaster management plan for every district. It lays down the broad aspects to be covered by the District Plan, mandates consultation with zila parishad and the municipality in the preparation of the plan, and provides for annual review and updating the plans. It also seeks to authorise the District Authority to review the implementation of the District Plan and issue directions to different departments of the Government in the district for its implementation.

Clause 31

seeks to make it mandatory for every office of the Government of India and of the State Government at the district level and the local authorities to prepare a disaster management plan. It seeks to lay down the broad coverage of the plan and provides for coordination of its preparation and implementation with local authority, communities and other stakeholders. It also provides for the regular review and updating the plan.

Clause 32

seeks to empower the District Authority to give directions to any officer or any department at the district level or any local authority to take necessary measures for prevention or mitigation of a disaster or to effectively respond to it.

Clause 33

seeks to lay down the powers and functions of the District Authority in the event of any threatening disaster situation or disaster.

Clause 34

seeks to enjoin upon the Central Government to take measures, as it deems necessary or expedient, for the purpose of disaster management. It also specifies some of the matters with respect to which such measures are required to be taken by the Central Government.

Clause 35

seeks to specify the responsibility of the Ministries or Departments of the Government of India in regard to prevention, mitigation, preparedness and response. It also spells out some of the actions to be taken by the Ministries or Departments for this purpose.

Clause 36

seeks to make it mandatory for every Ministry or Department of the Government of India to prepare a disaster management plan. It specifies certain aspects for which the particulars are to be included in the plan. It also provides for annual review and updating of the plan and for approval of the original or updated plan by the National Authority. It enjoins upon the Ministries or Department concerned to make provision for financing of the activities specified in the plan and to furnish a status report regarding the implementation of the plan to the National Authority, as and when required by it.

Clause 37

seeks to make it mandatory for the State Governments to take measures for the purpose of disaster management. It also specifies some of the matters with respect of which such measures are required to be taken by the State Governments.

Clause 38

seeks to specify the responsibility of every department of the Government of a State in regard to prevention, mitigation, preparedness and response to disasters.

Clause 39

seeks to make it mandatory for every department of a State Government to prepare a disaster management plan and make provisions for financing of the plan. It also lays down the broad coverage of the plan, provides for annual review and updating of the plan and furnishing of a status report on its implementation to the State Executive Committee, and enjoins upon the State Government to make provisions for financing the activities specified therein.

Clause 40

seeks to specify the functions of the local authority in regard to disaster management.

Clause 41

seeks to provide for the constitution of the National Institute of Disaster Management by the Central Government and seeks to lay down the responsibility and possible functions of the Institute.

Clause 42

seeks to enjoin upon the Central Government to provide the National Institute with officers, consultants and other employees for carrying out its functions.

Clause 43

seeks to provide for the constitution of the National Disaster Response Force for the purpose of specialist response to a threatening disaster situation or disaster.

Clause 44

seeks to vest the general superintendence, direction and control of the National Disaster Response Force in the National Authority and the command and supervision of the Force in an officer to be appointed by the Central Government as the Director General of the National Disaster Response Force.

Clause 45

seeks to provide for the constitution of the National Disaster Response Fund.

Clause 46

seeks to provide for the constitution of the National Disaster Mitigation Fund.

Clause 47

seeks to provide for the establishment of the State Disaster Response Fund, the District Disaster Response Fund, the State Disaster Mitigation Fund and the District Disaster Mitigation Fund.

Clause 48

seeks to enjoin upon every Ministry or Department of the Government of India to make provision of funds in its annual budget for the purposes of carrying out the activities or programmes set out in its disaster management plan. It seeks to lay down a similar obligation for departments of the State Governments.

Clause 49

seeks to empower the National Authority or State Authority or District Authority to authorise emergency procurement of provisions or material for rescue and relief by the concerned Departments or authority.

Clauses 50 to 58

seek to lay down what will constitute an offence in terms of obstruction of the functions under the Act, false claim for relief, misappropriation of relief material or funds, issuance of false warning, failure of an officer to perform the duty imposed on him under the Act without due permission or lawful excuse, or his connivance at contravention of the provisions of the Act. The clauses also provide for penalties for these offences.

Clauses 59to 76

are of miscellaneous in nature. Clause 59 seeks to prohibit discrimination in the distribution of compensation and relief to victims of disaster on the ground of sex, caste, community, descent or religion. Clauses 60 to 68 deal with the power to issue directions by the Central Government; obligation of any officer or authority of the Union or a State to make available officers and, employees to perform any of the functions in connection with disaster prevention or mitigation; power to seek amendment of any rules, regulations, instructions etc. for the purpose of prevention or mitigation of disasters; power to requisition resources, premises, provisions, vehicles, etc. for rescue operations or rehabilitation; payment of compensation for the resources so requisitioned; settlement of disputes relating to the amount of compensation or entitlement thereto; giving of directions to media for communication of warning regarding a threatening disaster situation or disaster; authentication of orders or decisions; delegation of powers; and preparation of annual report by the National Authority and its laying on the table of both Houses of Parliament. Clauses 69 to 72 contain provisions regarding bar on jurisdiction of courts in regard to action taken or directions issued in pursuance of the powers conferred or functions assigned by the Act; overriding effect to the Act; and immunity from legal process for action taken in good faith under the provisions of the Bill. Clauses 74 and 75 provide for making of rules by the Central Government and the State Government for carrying out the purposes of the Act; some of the matters to be covered by these rules; laying of these rules before each House of Parliament and the State Legislature; making of rules by State Government to carry out the provisions of the Act; some of the matters to be covered by these rules; laying of these rules before the State Legislature. Clause 76 seeks to empower the Central Government or the State Government to make orders, not inconsistent with the provisions of the Act, for removal of any difficulty in implementation of the provisions of the Act, within two years from the commencement of the Act.

_______________________________________________________________________________________________

FINANCIAL MEMORANDUM

         The following provisions included in the Bill will involve expenditure from the Consolidated Fund of India :-

            1.

Clause 5 states that the Central Government shall provide the National Authority with such officers, consultants and employees, as it may consider necessary for carrying out the functions of the National Authority.

2.

Clause 7 provides that the National Authority may constitute an advisory committee consisting of experts in the field of disaster management and that members of the advisory committee shall be paid such allowances as may be prescribed by the Central Government.

3.

Clause 9 (1) provides for constitution of one or more sub-committees by the National  Executive Committee. Clause 9(3) provides that any person associated as an expert with any sub-committee may be paid such allowances as may be prescribed by the Central Government.

4.

Clause 11(5) provides that appropriate provisions shall be made by the Central Government for financing the measures to be carried out under the National Plan.

5.

Clause 12 provides that the National Authority shall lay down guidelines for the minimum standards of relief to be provided to persons affected by disaster.

6.

Clause 13 provides that the National Authority may, in cases of disasters of severe magnitude, give directions regarding relief in repayment of loans or for grant of fresh loans to the persons affected by disaster on such concessional terms as may be appropriate.

7.

Clause 35(2)(c) provides for the Central Government to ensure that appropriate allocation of funds for prevention of disaster, mitigation, capacity-building and preparedness by the Ministries or Departments of the Government of India is made.

8.

Clause 35 (2)(f) provides for deployment of naval, military and air forces, other armed forces of the Union or any other civilian personnel as may be required for the purpose of this Act.

9.

Clause 35(2)(h)provides that the Central Government may take measures to establish institutions for research, training, and developmental programmes in the field of disaster management.

10.

Clause 35(3) provides that the Central Government may extend such support to other countries affected by a major disaster as it may deem appropriate.

11.

Clause 36 (e) states that it shall be the responsibility of every Ministry/Department of the Government of India to allocate funds for measures for prevention or disaster mitigation, capacity-building and preparedness.

12.

Clause 43 States that the Central Government shall provide the National Institute of Disaster Management with such officers or consultants and employees as it may consider necessary for carrying out its functions.

13.

Clause 44 provides for the constitution of a National Disaster Response Force for the purpose of specialist response to a threatening disaster situation or disaster.

14.

Clause 46 states that the Central Government may constitute a Fund to be called the National Disaster Response Fund for meeting any threatening disaster situation and there shall be credited thereto an amount which the Central Government may, after due appropriation made by Parliament by law in this behalf, provide.

15.

Clause 47 states that the Central Government may constitute a Fund to be called the National Disaster Mitigation Fund for projects exclusively for the purpose of mitigation and there shall be credited thereto such amount which the Central Government may, after due appropriation made by Parliament by law in this behalf, provide.

16.

Clause 49 states that every Ministry or Department of the Government of India shall make provisions, in its annual budget, for funds for the purposes of carrying out the activities and programmes set out in its disaster management plan.

17.

Clause 50 provides for immediate procurement of provisions or materials or the immediate application of resources necessary for rescue or relief by the National Authority or by concerned department or authority which may be authorised by it to make the emergency procurement.

18.

Clause 51 provides that whenever any resource, premises or Vehicle is requisitioned for rescue operations, there shall be paid to the persons interested compensation for such premise or Vehicle.

_______________________________________________________________________________________________

MEMORANDUM REGARDING DELEGATED LEGISLATION

         Clause 74 of the Bill provides that the Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

         The rules to be made under this Bill may include the composition and number of the members of the National Authority under sub-clause (2) of clause 3, the allowances to be paid to the members of the advisory committee under sub-clause (2) of clause 7, the powers and functions of the Chairperson of the National Executive Committee under sub-clause (3) of clause 8 and the procedure to be followed by the National Executive Committee in exercise of its powers and discharge of its functions under sub-clause (4) of clause 8, the allowances to be paid to the persons associated with the sub-committee under sub-clause (3) of clause 9, the manner of constitution of the Force, the conditions of service of the members of the Force, including disciplinary provisions under sub-clause (2) of clause 44, the form in which and the time within which annual report is to be prepared under clause 69, and any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made by rules under sub-clause (2) of clause 74.

2.      Clause 75 of the Bill provides that the State Government may, by notification in the official Gazette, make rules to carry out the provisions of this Act. The rules to be made under this Bill may include the composition and number of the members of the State Authority under sub-clause (2) of clause 14, the allowances to be paid to the members of the advisory committee under sub-clause (2) of clause 17 , the powers and functions of the Chairperson of the State Executive Committee under sub-clause (3) of clause 20, and the procedure to be followed by the State Executive Committee in exercise of its powers and discharge of its functions under sub-clause (4) of clause 20, allowances to be paid to the persons associated with the sub-committee under sub-clause (3) of clause 21, the composition and the number of members of the District Authority under sub-clause (2) of clause 25, and the powers and functions to be exercised and discharged by the Chief Executive Officer of the District Authority under sub-clause (3) of clause 25, any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made by rules under sub-clause (2) of clause 75.

3.      The matters in respect of which provisions may be made in the rules to be framed under the proposed legislation are generally matters of procedure of detail. The delegation of legislative power is, therefore, of a normal character.

_______________________________________________________________________________________________

RAJYA  SABHA

A

BILL

to provide for the effective management of disasters and for matters connected

therewith or incidental thereto.

(Shri Shivraj V. Patil, Minister of Home Affairs)

RAJYA  SABHA

ERRATA

TO

THE DISASTER MANAGEMENT BILL, 2005

(To be/As Introduced in the Rajya Sabha)

 

SI.

Page

Line(s)

For

Read

No.

No.

No(s).

 

 

1

2

3

               4

             5

1

(ii)

31

46. National Mitigation Fund

46. National Fund for Disaster

 

 

 

 

Management

2

(ii)

32

47. National Fund for Disaster

47. National Mitigation Fund

 

 

 

Management

 

3

(ii)

42

Ministries or Departments

Ministry or Department

4

(iii)

8

by the Central

by Central

5

3

22

(c)

(3)

6

7

2

(d)

(3)

7

7

4

(3)

(4)

8

10

46

it

the District Authority

9

11

24

consider

considers

10

12

29

disaster threatening

disaster or threatening

11

19

15

discharge its their

discharge their

12

21

10

(1)

(2)

13

21

36

State Authority or District Authority

the State Authority or the District

 

 

 

 

Authonty

14

21

45

emergency procurement

emergency, procurement

15

22

4

a State

the State

16

22

5

or State

or the State

17

22

8

or State Government for the National

or the State Government or the

 

 

 

Executive Committee or State

National Executive Committee or

 

 

 

 

the State

18

22

16

State Government

the State Government

19

22

17

State Authority or District Authority

the State Authority or the District

 

 

 

 

Authority

20

22

30

Departments (in left margin)

Department

21

23

29

by the (in right margin)

by

22

23

29

National Executive Committee or a

the National Executive Committee

 

 

 

State

or the State

23

24

36

State Government

the State Government

24

24

40

State Government

the State Government

25

29

10

exercise

exercising

26

30

9

exercise

exercising

27

32

25

58

59

28

32

31

59

60

29

32

31

60

61

30

32

46

69 to 72

70 to 73

ANNEXURE – II

 

Views/suggestions of Members

of the Committee

on the Bill

and

response of Ministry of

Home Affairs thereon

 

Views/Suggestions of Members on the Disaster Management Bill

2005 - Comments of Ministry of Home Affairs thereon

 

 Clause               :        11

 

   Name of the

Gist of Comments/

 Response/Comments of Ministry

   Members of

Suggestions

 

   the Committee

 

 

     1

          2

3

 

Shri R. K.

Dhawan

Clause 11 (2) states that the National Plan shall be prepared by the National Executive Committee having regard to the National Policy

and in consultation with the State Governments and experts bodies or organizations in the field of disaster management and approved by the National Authority. Instead of ‘and approved by the National Authority’ it should be ‘to be approved by the National Authority’.

The recommendation is accepted.

 

There seems to be some lacuna in the drafting of the clause. Please reconsider the words ‘in consultation with the expert bodies and organisations’. There seems to be some confusion whether the recommendation of the National Authority will be binding on the National Executive Committee or not.

The National Authority is the” apex level body. It is assisted by the Advisory Committee of experts and the National Executive Committee. The National Executive Committee shall prepare the National Plan in consultation with the State Governments and such expert bodies or organizations in the field of disaster management as it may deem fit and submit it to the National Authority for approval. Once the National Plan is approved by the National Authority, it shall be binding on the National Executive

Committee.

                                 

Clause   :        -

Shri R. K.

Dhawan

The United Kingdom has While developed a better system than Japan and Australia. However, practices adopted for disaster management in USA, Australia and Japan only have been studied.

While drafting the Bill, the Gujarat Act,

Bihar Act and the Model Act recommended by the High Powered Committee had been perused. It may be added that the Working Group headed by Vice-Chairperson of National Committee on Disaster Management and consisting of the members of the High Powered Committee had visited several countries to study the practices prevalent there. These countries included USA, Australia, Japan, Singapur, New Zealand, Turkey, Switzerland and United Kingdom, based on which, the Model Act was recommended which has been taken into consideration while drafting the Bill.

 

Clause   :        -

 

Shri S.S.

Ahluwalia

While taking up research and development the Ministry should also study the traditional methods which are taken into consideration by different tribes as it may  help in taking precautionary measures such as behaviour of birds, ants, red fish etc.

While the research and development would primarily be focused on scientific methods and technologies, the traditional methods as mentioned by the Hon’ble Member would also need to be studied and if logical scientific conclusions can be drawn from it, it would also be taken into account.

 

 

Clause   :        -

 

Shri K.

Chandrappan

Sea erosion can destroy the whole ecological balance of Kerala. There may be other States also which are facing this kind of problem. Therefore, sea erosion may also be taken as a natural calamity.

It will be seen from the definition of disaster contained in clause 2 (d) that specific disasters have not been defined. The definition is generic. Any calamity which qualifies as a disaster in terms of the defnition given in the Bill, would be considered a disaster for the purpose of taking various measures enunciated in the Bill.

 

Clause   :        -

 

  

 

 

Shri Naveen

Jindal

Instead of a top down approach, there should be a bottom up approach. People who are facing these dangers every day have better ideas. If they are involved in the process, they will be able to tackle the situation.

The suggestion of the Hon’ble Member has been noted. While formulating the guidelines for the preparation of the Disaster Management Plans, this approach would be emphasised, subject to the approval of the Competent Authority.

 

Clause : New Clause

 

 

 

 

s. Sushma

Swaraj,

Chairperson

 

There is no provision in the Bill for constitution of Disaster Management Authorities in Union. Territories (UTs). There are UTs with legislature and UTs without legislature. While including an appropriate provision in the Bill, it may be kept in view that the Authority may be constituted under the Chief Minister in UTs with Legislative Assembly and under Lieutenant Governor in UTs where there is no legislature.

The recommendation has been noted. A suitable provision will be added in the Bill.

For Pondicherry, the Authority may be constituted under the Chief Minister.

For Delhi, it may be appropriate to constitute the Authority under the Lieutenant Governor because police and land related matters are not within the jurisdiction of the Government of Delhi. The Chief Minister may be included as Vice-Chairperson of the Authority.

As for UTs without legislature, the Authority will be constituted under the Lieutenant Governor or the Administrator, as the case may be.

 

 

 

 

 

 

 

 

 

 

Clause : 3,14 and 25

 

 

 

Chairperson

Shri S.S.

Ahluwalia

There is no provision for people’s participation in the constitution of NDMA, SDMA and DDMA. There should a provision to reserve a seat for Lok Sabha Member or Rajya Sabha Member or an MLA. The Member to be included in the Authority in a particular State should be elected by the MPs from that State. Similarly, the Parliament, Assembly and District Board can elect a person to be nominated as people’s  representative in NDMA, SDMA and DDMA.

 

Except Prime Minister, there is no mention about other Members in  the National Authority. The rest of the Members should be public men. There should be  flexibility amongst the members so that members from affected States in  case of a particular disaster could be included. Since the officers of the Government are in the National Executive Committee, the Authority should either consist of public men or it must be blended together to have only one Committee. There should also be proper coordination between the  Authority and Executive Committee.

 

There should be room for co-option of one person from affected State. There should be public representatives in the district level Authority.

The response/comments on the valuable suggestions are submitted: -

The Bill provides that Prime Minister/Chief Minister will nominate the members in the NDMA/SDMA. It is submitted that it will be the prerogative of PM/CM to nominate public representatives.

As for District Authority , the recommendation that a public representative may be nominated as Co-Chairperson has been accepted subject to approval of the competent authority.

The role of National Authority has been indicated in clause 6. As per clause 7, the National Authority may constitute an Advisory Committee consisting of experts to make recommendations on different aspects of disaster management.

The National Executive Committee shall assist the National Authority in the performance of its functions under the Act.

Therefore, the roles of Advisory Committee and the National Executive Committee are distinct and separate.

 

 

 

Shri N. Jothi

 

 

 

Shri V.

Narayanasamy

 

 

Clause : New Clause

 

 

 

 

Shri S.S.

Ahluwalia

Training should be provided from  villages to the cities to citizens  who have attained the age of 18.  The role of NGOs is to function as a bridge between the people and the Government. However this link is missing in the Bill.

Under clause 30(2)(xiii), the District Authority may facilitate community training and awareness programmes for prevention of disaster or mitigation with the support of local authorities, governmental and non-governmental organisations. The National Institute of Disaster Management has been entrusted with the responsibility to provide assistance to the State Governments and the state training institutes to inter-alia take up capacity building of civil society members, corporate sector and people’s elected representatives.[Clause 42 (3) (e)].

 

Clause   :  51 & 52

 

 

 

 

Shri N. Jothi

Clause 51 is not properly worded. No doubt Clause 52 provides for one year’s punishment. It is non- cognisable. There is no clarity in this clause. Under clause 52 who should make a complaint is not indicated. The police cannot register an FIR with respect to non-cognisable offences. Suo- motu registration of the case cannot be done.

In our view, clauses 51 & 52 take care of the concern expressed by Hon’ble Member. As for the issue as to who should make a complaint, it is being considered further in consultation with the Ministry of Law & Justice.

 

Clause       :    55

 

 

 

 

Shri N. Jothi

Clause 55(1) has to be redrafted.

The Ministry of Law & Justice (Legislative Department) is appropriately redrafting this clause.

Clause       :    57

 

 

 

 

Shri N. Jothi

There is mention of Section 164 but there is no such section in the Bill.

This is a printing error and the reference is to Clause 64.

 

Clause       :    64

 

 

 

 

Shri N. Jothi

While the objective of this clause is good, there is, already Land Requisition and Acquisition Act, 1955 which take care of these purposes. The provision of that Act could be invoked in this Bill.

The Legislative Department has advised that there is no such statute.

 

Clause        :   72

  

 

 

 

Shri N. Jothi

In the title of the. clause, it is mentioned “Action taken in good faith”. The words ‘good faith’ should also be added in the body of the clause.

should also be added in the body of the clause.

 

 

 

 

Clause         :    76

 

 

 

 

Shri N. Jothi

The restriction provided in the proviso for removal of any difficulty is upto period of two years. It may be appropriate to state that implementing authorities can do so with the prior approval of the respective Governments.

This provision is as per the normal legislative practice.

 

 

Clause : 3,6,7,8,9,

                10 & 11

 

  

 

 

Shri R..K.

Dhawan

There is some confusion in drafting of these clauses. Clause 6 states that the National Authority shall have the responsibility for laying down the policies, plans and guidelines for disaster management. Clause 7 states that National Authority may constitute an Advisory Committee. Clause 8 states that the Central Government shall constitute a National Executive Committee. Clause 10 states that the. National Executive Committee shall assist the National Authority. Clause 11 states that the National Plan shall be prepared by the National. Executive Committee. There is an Advisory Committee and there is an Executive Committee. It is not clear that which will sort out the difference of opinions.

The National Authority shall have the responsibility for laying down the polices, plans and guidelines for disaster management [Clause 6(1)].

 

The National Authority may constitute an Advisory Committee consisting of experts to make recommendations on different aspects of disaster management [Clause 7 (1)].

 

The National Executive Committee shall assist the National Authority in the discharge of its functions and have the responsibility for implementing the policies and plans of the National Authority and the directions issued by the Central Government [Clause 10(1)].

 

The National Plan shall be prepared by the National Executive Committee, to be approved by the National Authority [Clause 11 (2)].

 

There is, therefore, no overlapping of functions assigned to the Advisory Committee and National Executive Committee.

 

Clause       :    13

 

 

 

 

Shri R.K.

Dhawan

If the recommendation made by the National Authority regarding relief is not implemented by certain States, the National Authority should be empowered to issue directions to such States.

Clause 61 takes care of this aspect. It gives powers to the Central Government to issue directions, including to the State

Governments.

 

 

 

 

Clause       :      2

  

 

 

 

Prof. M.

Ramadass

In  definitions,  it will  be  more appropriate to define the National Authority, National Executive Committee, National Plan first followed by State Authority , State Executive Committee, State Plan and, thereafter, District Authority and District Plan so that National level, State level and District  level definitions fall in same sequence.

 

The definitions have been given in alphabetical order by the Legislative Department which is the normal practice in respect of legislation.

Clause       :      6

 

 

 

 

Prof. M.

Ramadass

Clause 6 interalia states that the National Authority will lay down the guidelines to be followed by State Authorities in drawing up the State Plan. There is no mention about laying down the guidelines for District Authorities. The National Authority should lay down the guidelines for the District Authorities also.

The guidelines to the District Authority for the preparation of the District Plan, may be issued by the State Authority as the District Authority shall act in accordance with the guidelines laid down by the National Authority and the State Authority [Clause 30(1)].

Clause       :      12

 

 

 

 

Prof. M.

Ramadass

There is no mention about the rehabilitation of the victims of the disaster. The Bill only talks about the relief part specially the guidelines for minimum standards of relief. This will serve the purpose of minimum response only.

Rehabilitation and reconstruction is covered in the definition of disaster management [Clause 2 (e)(viii)]. Therefore, rehabilitation and reconstruction measures will be included in the Disaster Management Plans at National, State and District level.

 

Clause :  46 & 47

 

 

 

 

 

Prof. M.

Ramadass

The National Fund for Disaster Response and Mitigation Fund should include rehabilitation work also.

The purposes for which the National Fund for Disaster Response and the National Mitigation Fund are proposed to be constituted are indicated in clauses

46 & 47 which indicates that National Disaster Mitigation Fund is also for reducing the impact/effects of disasters vide clause 2 (v).

 

Clause  : 12 & 19

  

 

 

 

Prof. M.

Ramadass

In terms of relief, the Bill does not say whether it is in kind or in cash.  This should be clearly laid down.

Relief is provided in kind and also in cash. The cash component is to meet the minimum requirement of sustenance. The norms are prescribed separately for this purpose. It may not be desirable to

indicate component-wise whether the assistance is to be provided in cash or in kind since it may vary from situation to situation.

Clause    :  New

  

 

 

 

Prof. M.

Ramadass

There should be a Relief Commissioner at the district level or any other level. There should be a specific officer or Relief Commissioner and it should be provided in the Bill itself. There should be Relief Commissioner either at the National or State or District level whose exclusive responsibility should be to deal with relief, as and when relief if required.

There is already an officer designated as Central Relief Commissioner at National level. Similarly, officers are designated as State Relief Commissioners in all States/UTs. At district level, the District Magistrate also functions as the Relief Commissioner for the district.

Clause      :  New

 

 

 

 

Prof. M.

Ramadass

There should be a Project Implementation Agency. Rehabilitation should not be left to a particular department. A project implementation agency has to be treated in every state and district wherever relief and rehabilitation is organized. People’s representatives should be in the project implementation agency. A clause may be included for this purpose.

It may not be appropriate to create the Project Implementation Agency as an institution. Depending on the magnitude of relief and rehabilitation work to be undertaken, a Committee can be constituted for the affected districts to oversee the implementation process. This can be included in the guidelines to be issued by State Authority instead of including it as a clause in the Bill.

Clause       :  54

  

 

 

 

Prof. M.

Ramadass

Clause 54 provides punishment for those who give false warning. This clause should be  deleted since no scientist would be prepared to come out with a scheme of warning if there is scope for punishment.

It is necessary to provide punishment for false warnings. However, there need not be any apprehension that it will come in the way of issue of warnings by the

authorized agencies or scientists.

In order to take care of this aspect, in addition to protecting the action taken in good faith in clause 72, clause 73 has also been added which gives immunity from legal process to official agencies and officers in regard to any warning communicated or disseminated by them in their official capacity or any action taken or direction issued by them in pursuance of such communication or dissemination.

A warning given by an officer in his official capacity for the purpose of mock drill will also enjoy the protection under clause 73.

 

Clause       :   25

  

 

 

 

Shri Biren

Singh Engti

In Assam, there is no panchayat system in the Autonomous Council areas. In such cases, the District Authority should be headed by the CEM of the District Council who is an elected representative.

The recommendation will be considered and, if necessary appropriate provision will be added.

 

Clause       :    2

 

 

 

 

Shri Rahul

Gandhi

In definition of disaster, the word ‘substantial’ has been used. The  definition does not cover the scale of the disaster and it is vague. It will be better if it is improved.

Specific disasters have not been indicated separately. The definition of disaster covers any calamity, natural or man-made, which satisfies the following two parameters:-

i) It results in substantian loss of life or human suffering or damage to, and destruction of property, or damage to, or degradation of environment;

ii) It is of such a nature or magnitude as to be beyond the coping capacity of the community of the affect area.

Any calamity, mishap or grave occurrence which satisfies the above mentioned parameters would be treated as a disaster.

 

Clause        :    3

 

 

 

 

Shri Rahul

Gandhi

The idea behind setting up NDMA is to give immediate response. The Authority has to perform a coordination role. If rehabilitation is also entrusted to the Authority, it might dilute the role of the Authority for immediate response.

It is submitted that the Authority is not being constituted for immediate response only. The Authority has been entrusted with all the functions covered in disaster management as brought out in the definition of disaster management in clause 2(e), which includes rehabilitation and reconstruction.

 

Clause      :   New

  

 

 

 

Prof. K.M.

Kadar

Mohideen,

Chairperson,

 

Dr. H.T.

Sangliana

There should be some clause in the Bill so that non-governmental organizations which render assistance in response, relief and rehabilitation voluntarily are either reimbursed the expenditure incurred or given an award or honour. If there is problem in reimbursement of expenditure, there should be some arrangement to pay upto Rs. one lakh to those volunteers who come forward and work without any expectations.

A large number of NGOs come forward and render assistance voluntarily in a disaster situation. Reimbursement of expenditure or grant of cash awards is likely to create several problems, i.e.:

l  difficult to select few NGOs for the purpose of reimbursement/or cash awards.

l  difficult to verify the expenditure incurred by each organization.

l  will act as a de-motivating factor for those NGOs which are not given the awards.

l  it may result in complaints and counter-complaints against Collector for selecting few NGOs for grant of such awards/ reimbursement.

However, the Collector or the State Government, as the case may be, may issue a commendation certificate to the

NGOs, which have done excellent work. For this purpose, no clause is required to be included in the Bill.

 

Clause      :   New

 

  

 

 

Shri Tapir

Gao

There should be a separate Disaster Management Department at the Centre as well as in each of the States.

The State Governments have been advised to constitute a Disaster Management Department or re-designate the existing Relief or Revenue Department to include Disaster Management in its nomenclature.

The Disaster Management Division in the Ministry is headed by a Secretary level officer. Therefore, this responsibility can be effectively discharged by the Ministry.

 

Clause      :    25

 

 

 

 

Shri G.

Karunakara

Reddy,

Shri T .K.

Hamza

Members of Lok Sabha elected from the District should be made members of the District Disaster Management Authority.

Selected MPs and MLAs should be in the District DMA.

The District Disaster Management Authority is headed by District Magistrate or Dy. Commissioner or District Collector, as the case may be. The Ministry has accepted the recommendation of Parliamentary Standing Committee to include a public representative as Co-Chairperson of the District Authority, subject to the approval of the Competent Authority.

 

Clause    :   2

 

 

 

 

Shri S.S.

Ahluwalia

The definition, of ‘reconstruction’ may be amended. It states ‘reconstruction’ means repair or construction of any property after a disaster. It should be “construction or restoration of any

property after  disaster”.

Reconstruction has been defined as repair or construction of any property after a disaster. Repairs include restoration of property and infrastructure. Where the property or infrastructure is totally damaged, it may be necessary to take up fresh construction of the property.

 

It is, therefore, submitted that the existing definition of “reconstruction” is in order and takes care of the concern

expressed by Hon’ble MP.

 

Clause    :   5

 

 

 

 

Shri S.S.

Ahluwalia

Clause 5 states that the Central Government shall provide theNational Authority with suchofficers, consultants andemployees as it considersnecessary for carrying out thefunctions of the NationalAuthority. It is not clear whetherthe consultant and experts will beprivate consultants/experts or alsofrom US & UN.

Normally, the consultants and experts will be from within the country. They could be from private sector also if necessary. However, NDMA can appoint foreign consultants, if necessary.

 

Clause    :   8

 

 

 

 

Shri S.S.

Ahluwalia

In clause 8(b), Secretaries in the Ministries or Departments including Drinking Water Supply  have been included. There is no Ministry of Drinking Water Supply. Therefore, in place of Drinking Water Supply, the Ministry of Urban Development may be included since Ministry of Rural Development has already been included.

 

There are three Departments under the Ministry of Rural Development, namely Department of Rural Development, Department of Drinking Water Supply and Department of Land Resources. The Secretaries of Department of Drinking Water Supply and Department of Rural Development have been included since both the Departments have certain responsibilities to discharge in a disaster situation.

 

Clause    :   8

 

 

 

 

Shri S.S.

Ahluwalia

In clause 10 (2) (j) there are some provisions for training of officers and others. The officers, employees and office bearers of the Authority should also be trained. They must have the knowledge of disaster management whether it is natural or man-made or incidental.

Sensitization/training programmes may be organized for the Secretariat of the National Authority and the State Authority .

 

ANNEXURE – III

 

Views/suggestions of States/UTs

on the Bill

and

response of Ministry of

Home Affairs thereon

 

Views/suggestions of the State Governments/UT Administrations on the Disaster

Management Bill, 2005 and comments of the Ministry of Home Affairs thereon

 

   Name of the

Gist of Comments/

 Response/Comments of Ministry

   State/UT

Suggestions

 

       1

         2

               3

 

Clause : 46

 

 

 

Himachal                     The State is prone to natural
Pradesh                       calamities of serious nature even
                                     under normal conditions due to its
                                     geographical location and
                                     complex geological structure. The
                                     infrastructures (roads, bridges,
                                     irrigation projects, drinking water
                                     projects and hydroelectric project)
                                     are destroyed during a disaster.
                                     Construction as well as restoration
                                     cost is prohibitive. In view of this,
                                     provision for 100% funding out
                                     of the proposed National Disaster
                                     Response Fund may be
                                     considered especially to Hilly
                                     States.

l  The National Fund for disaster response has been proposed for meeting immediate requirement of emergency response.

l  The modalities for sharing of expenditure will have to be worked out separately. It is not possible at this stage to make a commitment that 100% funding will be provided by the Central Government.

 

 

 

  Clause  : 51 (1)(b)

 

 

 

Arunachal                    In Clause 51(1) (b), the words “or
Pradesh                       District Authority” may be added
                                     after the words “the State
                                     Executive Committee” since the
                                     District Authority will be the first
                                     responder in combating the
                                     disaster and will be required to
                                     issue directions and instructions
                                     in this regard.

The suggestion has been noted and Will be considered further in consultation with Ministry of Law and Justice.

 

 

  Clause  :   -

 

 

 

Goa                              There should be a mechanism to
                                     handle situations of inter-state
                                     dimensions.

Clause 35(2)(a) provides that the Central Government may take measures for coordination of actions of the Ministries or Departments of the Government of India, State Governments, National Authority , State Authorities, Governmental and Non-Governmental Organizations in relation to disaster management.

 

 

  Clause  :   14

 

 

 

Madhya                       In MP, instead of SDMA, a
Pradesh                       Cabinet Committee on Disaster
                                     Management has been
                                     constituted. Once the Bill is
                                     enacted the Committee will be
                                     appropriately renamed.

No comments are necessary.

 

 

  Clause  :

 

 

 

Madhya                       State Policy for Mitigation &
Pradesh                       Management of Disasters provides
                                     for establishment of a Disaster
                                     Management Committee at
                                     divisional level for inter-district
                                     coordination. However, the
                                     Disaster Management Bill, 2005
                                     has no such provision for
                                     constitution of a divisional level
                                     Committee.

l  The Bill seeks to provide Disaster Management Authority at National, State and District level.

l                                  State Governments have been advised to enact a State legislation. also. The State Government is free to constitute additional committees including a Disaster Management Committee at divisional level for inter-district coordination.

 

 

  Clause  :   25

 

 

 

Madhya                       As per State Disaster.
Pradesh                       Management Policy, district plan
                                     shall be deliberated upon and
                                     approved by District Planning
                                     Committee. However, no such
                                     stipulation has been made in the
                                     Bill. While Head of the Government
                                     has been designated as Chairman
                                     at national and State level, no such
                                     provision has been made at district
                                     level.

l  The district plan is to be prepared after consultation with zila parishad & municipality.

l                                  In addition it is also proposed that a public representative may be nominated by State Government as Co-Chairperson of the District Disaster Management Authority. The acceptance of this recommendation is subject to approval of competent authority.

 

 

Clause   :   41

 

 

 

Madhya                       The Bill may also give directions
Pradesh                       to the local authorities for
                                     carrying out non-structural
                                     mitigation measures. Local
                                     Authorities may also undertake
                                     programmes for community
                                     awareness in their respective
                                     areas.

Clause 41 (2) states that the local authority may take up such other measures as may be necessary for disaster management.

 

 

 

Clause   :   42

 

 

 

Madhya                       As in case of National Institute of
Pradesh                       Disaster Management, the Central
                                     Government should also provide
                                     such support to the State Disaster
                                     Management Institutes for
                                     capacity building and training
                                     activities. In addition to national
                                     and State level institutions, Central
                                     Government may also consider
                                     setting up of  Regional Centres of
                                     Excellence for various types of
                                     disasters which may also cater to
                                     the needs of neighbouring
                                     countries.

l  The Central Government is already providing financial support to
29 state level training institutes in
28 States for disaster management.

l  One of the functions assigned to NIDM is to undertake training of faculty members of the State level training institutes [Clause 42 (3) (d)] and provide assistance to the State Governments and the State Training Institutes in the formulation of State level policy, strategy, disaster management framework etc. (Clause 42(3)(e)].

l Therefore, the concern of the State Government has already been addressed.

 

 

Clause   :   44

 

 

 

Madhya                       The Bill may also consider setting
Pradesh                       up and funding support for
                                     creation of State Disaster
                                     Response Force as also provision
                                     of equipments and training
                                     facilities.

l  State Governments have already been advised to develop State level specialist response teams and permitted to utilize 10% of the annual inflow of Calamity Relief Fund for procurement of search and rescue and communication equipments.

l  If the State Government desire to constitute a State Disaster Response Force with legislative backup, they may do so under the State legislation.

 

 

Clause   :  46 to 50

 

 

 

Madhya                       The Bill outlines setting up of
Pradesh                       separate national funds for
                                     disaster mitigation and response.
                                     On similar lines, State
                                     Government will be required to
                                     establish mitigation and response
                                     funds at State and district level.

This has already been included in clause 48 of the Bill.

 

Clause  : 8(2)(b) &

 

              20 (2)

 

 

 

Madhya                       The Department of Women and
Pradesh                       Child Welfare and Education
                                     should be represented in the
                                     National and State Level
                                     Committees.

l   At National level, there are already 15 Secretaries of Ministries or Departments who are represented on the National Executive Committee.

l   Secretaries of other Ministries and Departments can be called as special invitee as and when issues relating to these Departments are considered.

l The State Government is free to include such Secretaries in the State Executive Committee as it may think fit.

 

 

Clause   :  35 & 38

 

 

 

Madhya                       The Bill should have provision for Pradesh                                     strengthening of State and
                                     Regional Disaster Management
                                     Institutes. These training
                                     establishment would need experts,
                                     trainers, skilled manpower,
                                     equipment and machinery to
                                     undertake specialized training on
                                     techniques of search and rescue
                                     operations, evacuation of high rise
                                     buildings in the event of fire-bomb
                                     threat and earthquake etc.
                                     Institutes should also be provided
                                     training simulators for carrying
                                     out exercises and mock drills.

The State Governments have already been addressed to develop specialist Response teams and utilize 10% of annual inflow of CRF for the purpose of procurement of search & rescue and communication equipments.

 

 

 

Clause    :   14

 

 

 

Uttaranchal                 The State Disaster Mitigation,
                                     Management and Prevention Bill,
                                     2005 is under consideration of
                                     Government of Uttaranchal. In the
                                     proposed Bill, there is a provision
                                     of Uttaranchal State Disaster
                                     Management Authority, its
                                     constitution, powers and
                                     responsibilities etc.

l State Government will be advised that while enacting the State legislation, the provisions made for the State Disaster Management Authority in the Disaster Management Bill, 2005 may be kept in view.

 

 

Clause    :  18

 

 

 

Uttaranchal                 In the Bill, all the powers and
                                     responsibilities relating to disaster
                                     management are with the State
                                     Authority. State has a Department
                                     of Disaster Management/Office
                                     of Relief Commissioner which is
                                     the controlling agency of disaster
                                     management/relief activities in the
                                     State. In case State Authority is
                                     constituted, the functions,
                                     powers and responsibilities of
                                     both the institutions may have to
                                     be re-defined.

l The functions and responsibilities of both the institutions i.e. State Authority & State Executive Committee, are enumerated in the Disaster Management Bill, 2005.

 

 

Clause: 18

 

 

 

Uttaranchal                 In the Bill relief is a Subject of
                                     State Authority. At present it is
                                     looked after by the Relief
                                     Commissioner. If the Disaster
                                     Management Bill, 2005 is enacted
                                     CRF Rules may have to be
                                     changed accordingly.

l   The State Authority is the apex level body in the State to discharge the various functions assigned to it under clause 18(2).

l   Amendments, if any, required in CRF scheme will be addressed.

 

 

Clause  :  14 & 17

 

 

 

Uttaranchal                 The State Authority headed by CM
                                     will have 10 Members. However,
                                     there is also a provision for
                                     constitution of an Advisory
                                     Committee. The State Bills of
                                     various States have different
                                     provisions for constitution of the
                                     Authority

l   The State legislation may be drafted in a manner that it is in consonance with the provisions contained in the Disaster Management Bill, 2005

 

 

 

Clause  :  24

 

 

 

Uttaranchal                 To perform the tasks laid down
                                     in clause 24, considerable human,
                                     finance and technical resources
                                     will be required.

l   Necessary resources will have to be provided by the State Government.

 

 

 

Clause   :  25

 

 

 

Uttaranchal                 There is no provision of having.
                                     experts and people’s
                                     representative in the District
                                     Disaster Management Authority as
                                     Members. Under the Disaster  Risk
                                     Management Programme, District
                                     Disaster Management Committee
                                     (DDMC) headed by District
                                     Magistrate has been constituted.
                                     Therefore, the role and
                                     responsibility of District Authority
                                     and DDMC may have to be re-
                                     defined.

l   Clause 28(1) empowers the District Authority to have experts for advice.

l   In addition it is also proposed that a public representative may be nominated by State Government as Co-Chairperson of the District Disaster Management Authority. The acceptance of this recommendation is subject to approval of competent authority.

l The role of District Disaster Management Authority is comprehensive as per clause 30. The District Disaster management Committees were set up specifically for the implementation of the Disaster Risk Management Programme.

 

 

Clause   :  29

 

 

 

Uttaranchal                 Clause 29 states that the State
                                     Government shall provide the
                                     District Authority with such
                                     officers, consultants and other
                                     employees as it considers
                                     necessary for carrying out the
                                     functions of District Authority.
                                     This provision requires creation of
                                     a cadre of disaster management
                                     by the State.

l The State Government will take a view and decide the number of officers, consultants and other employees to be provided to the District Authority.

 

 

Clause  :  22 & 30

 

 

 

Uttaranchal                 There is repetition of functions
                                     and duties of State Authority and
                                     District Authority such as clause
                                     22(2) (b), 30(2)(iii), 22(2) (j),
                                     30(2), 39.

l   Clause 22 relates to the functions of the State Executive Committee whereas clause 30 relates to the functions of District Authority.

l   The State Executive Committee will discharge its functions for the State as a whole.

l  Similar functions are required to be discharged by the District Authority for the District.

 

 

Clause   :   44

 

 

 

Uttaranchal                 There is a provision of National
                                     Disaster Response Force. It is
                                     suggested that there should also
                                     be State Disaster Response Force,
                                     District Disaster Response Force
                                     and Community Response Teams.

l   State Governments have already been advised to constitute specialist response teams.

 

 

 

Clause    :   48

 

 

 

Uttaranchal                 Clause 48 provides for State and
                                     District Response Funds and State
                                     and District Mitigation Funds.
                                     Clause 49(2) states that every
                                     department of the State shall make
                                     provision in its annual budget for
                                     funds for the purposes of carrying
                                     out the activities and programmes
                                     set out in its disaster management
                                     plan. This will involve adequate
                                     budgetary provisions and at the
                                     initial stage, assistance from the
                                     Central Government will be
                                     required since resources of the
                                     State will not be sufficient.

l   The Disaster Response and Disaster Mitigation Funds at State and district level have to be constituted by the State Government. The issue of Central financial assistance for the State and District level funds can be considered separately.

 

 

 

Clause   :

 

 

 

Jharkhand                   The Jharkhand State Disaster
                                     Management Bill, 2005 has been
                                     sent to the Governor for his
                                     assent. It provides for the
                                     constitution of the Jharkhand
                                     State Disaster Management
                                     Authority under the Chairmanship
                                     of CM as per the recommendation
                                     of the Ministry of Home Affairs.
                                     As for constitution of District
                                     Disaster Management Authority
                                     the State Government will seek an
                                     amendment later.

No comments are necessary.

 

 

Clause  :  14 & 75

 

 

 

Andaman                     Disaster Management Authority
& Nicobar                   may be constituted in Union
                                     Territories also with Administrator
                                     as the Chairperson in UTs without
                                     Legislature. Powers should be
                                     delegated to make rules in respect
                                     of UTs under clause 75 of the Bill.

l Necessary provision for constitution of the State and District Authority in UTs is being made. As for delegation of powers to UTs without Legislature to make rules under clause 75 of the Bill, the matter will be examined in consultation with the Ministry of Law and Justice.

 

 

Clause   :   50

 

 

 

Andaman                     Clause 50 enables emergency
& Nicobar                   procurement waiving the tender
                                     procedures. Large-scale
                                     procurements are normally made
                                     from mainland/outside the
                                     territory. Therefore, a panel of
                                     suppliers be finalized on rate
                                     contract basis in metropolitan
                                     cities by National Authority to
                                     enable placing of orders directly
                                     to ensure quality and timely supply
                                     of articles. This suggestion may
                                     be incorporated in the rules.

l    Modalities for pre-contracts/pre- arrangements for immediate procurement of supplies may be included in the guidelines of the National/State Authority. If necessary, appropriate provision may be made in the rules also.

 

 

 

Clause   :   6 & 8

 

                 (read 18)

 

 

 

   Andaman & Nicobar           Clause 6 & 18 deal with powers
and functions of National and State Authority respectively. Since large number of NGOs approach the UT Government for relief related interventions, it becomes difficult to verify the bonafide of each NGOs. Therefore, a provision may be included under these clauses that respective National and State Authority will lay down guidelines for the involvement of NGOs and voluntary agencies in relief and rehabilitation effort.

l    Broad guidelines for this purpose may be prescribed by the National Authority which may form the basis for detailed guidelines to be laid down by the State and District Authority for the involvement of NGOs.

 

 

 

Clause  :  25

 

 

 

  Andaman                   There is no provision to include.

  & Nicobar                 eminent persons and organizations

                                    in the District Authority .The District Authority may have a maximum of 10 members with a  provision for three non- government expert members to be  nominated by the State  Government. Further, the powers  to nominate three district level  officers may be vested with collector. Representatives of zila parishad and municipality/ corporation may be co-opted as Members by the Collector. Where Defence establishments are located in the district, an officer of appropriate rank of the Army may also be co-opted as Member of the District Authonty.

l   Clause 28(1) empowers the District Authority to have eminent persons to advice.

 

l   The recommendation to include an elected representative of be zila parishad/municipality/corporation and co-opt Member of Parliament elected from the affected area in the District Authority will be considered with the approval of competent authority.

 

l   As for appointment of district level officers by Collector; the Bill provides that they may be appointed by the State Government, so as to maintain uniformity in the constitution of the District Authority in different districts.

 

l   An officer of the Armed Forces may be called as a special invitee as and when assistance from Armed  Forces is required.

 

 

Clause  :  28

 

 

 

Andaman & Nicobar  Clause 28 provides for constitution of Advisory Committee and other Committees at district level. In order to have better coordination at Sub-Division level, the Collector may be authorized to constitute sub-division/tehsil level Committees under the Chairmanship of SDM/Tehsildar. Suitable provisions to this effect may be made in the Bill.

l   Committees below district level can be constituted by the District Authority under clause 28.

 

l   The only condition provided is that the District Authority shall, from amongst its members, appoint Chairperson of the Committee.

 

l                                  This will ensure that there is uniformity in the discharge of its functions by the Committees below district level and the linkage with the District Authority is also maintained.

 

 

Clause  :  64

 

 

 

Andaman & Nicobar Clause 64 deals with the requisitioning   of   resources, premises and vehicles. In the  category of vehicles, it may explicitly stated that aircrafts, vessels and ships are also included. Further in respect of Defence also it may be explicitly stated that their services such as   use of aircraft may also be utilized based on the request of Collector.           

l   Clause 64(1)(a) provides the District Authority or any officer authorized by it may requisition any resources with any authority or person which are needed for the purpose of prompt response.

 

l   This Will include all men and material resources.

 

l   ‘Vehicle’ for the purpose of this section has been defined as “any vehicle used or capable of  being used for the purpose of transport, whether propelled by mechanical power or otherwise”.

 

l   Therefore, it includes any type of vehicle including aircrafts, vessels and ships for the purpose of transport.

 

 

 

Clause  :  1(3)

 

 

 

Rajasthan                Whether State has to adopt this Act or it will automatically become operative in State. 

l   It shall come into force on such date as the Central Government may by notification in the Office Gazette appoint; and different dates may be appointed for different provisions of this Act and for different States, and any reference to commencement in any provision of this Act in relation to any State shall be construed as a reference to the commencement of that provision in that State [Clause 1(3)].

 

 

 

Clause  :  48(1)

 

 

 

Rajasthan                How the Funds are to be provided for the “Funds” mentioned under Section 48(1); who will provide funds for these “Funds”; what are the financial implications on State; and how these will be linked to CRF?

l As stated in clause 48(1), the State Government shall establish the Disaster Response Funds and Disaster Mitigation Funds at State and District level. The State Government is to determine the corpus of funds to be provided at State and District level.

 

 

   Clause  :  2

 

 

 

   Lakshadweep       The Term . “State Governments” has not  been defined. It may be defined to include Union Territories also.

l Definition of State Govenments/Union Territory Administrations is being included in the draft Bill by the Ministry of Law & Justice.

 

 

   Clause  :  14

 

 

 

  Lakshadweep        An appropriate provision may be added in clause 14 relating to StateAuthority for Union Territories without legislature like Lakshadweep.

l  An appropriate provision is being included in the Bill for this purpose in consultation with the Ministry of Law & Justice

 

 

   Clause  :  20

 

 

 

   Lakshadweep       In Lakshadweep, there is no Chief Secretary. A suitable provision may be added for the UTs where there is no Chief Secretary.

l  An appropriate provision will be added. in consultation with the Ministry of Law & Justice.

 

 

 

   Clause  :  25

 

 

 

   Lakshadweep       Since the UT of  Lakshadweep is treated as a single district, it may not be necessary to have a separate District Authority and a District Plan in addition to the State Authority and State Plan.

l  In case of a UT comprising of one district only, it may not necessary to have separate State Authority and District Authority or a separate State Plan and the District Plan.

 

 

 

   Clause  :  48

 

 

 

   Lakshadweep       Suitable provision for raising revenue for Disaster Response Fund may be included. The funds may be raised by way of grant from UT Administration/ Central Government/ donations, voluntary contribution from people and various organisations.

The modalities for provision of funds for the Disaster Response Fund and Disaster Mitigation Fund in a UT will have to be worked out separately.

_______________________________________________________________________________________________