Review of The Disaster Management Act 2005

DEPARTMENT OF PSYCHIATRIC SOCIAL WORK
NATIONAL INSTITUTE OF MENTAL HEALTH AND NEURO SCIENCES
(DEEMED UNIVERSITY) BANGALORE – 560029
Review of The Disaster Management Act 2005
Chairperson: Prof.K.Sekar Discussant: Ms. Sini Mathew
Presenter: Mr.Sojan Antony 2nd M.Phil.
Introduction

The Disaster Management Act 2005 is a legislative attempt to coordinate the governmental and non-governmental sectors activities in disaster management services. It provides a master plan of disaster management. It also provides an outline on how to carry out prevention, preparedness, and coordination and mitigation efforts in disaster. The Act also clearly defines roles of various levels of governments like central, state, district, and local. This clarity of role prescription is a boon in crisis management, when crisis itself is biggest confusing event. This legislation also recognizes the need of participation of experts in policy making and in developing a comprehensive management plan. This Act consists of 11 chapters, and 79 sections. The Act has been approved by the President of India on 23rd December, 2005.

Content
Chapter 1: It includes definitions of terms such as disaster, disaster management etc
Chapter 2: This chapter speaks about the national disaster management authority. This authority will be under the chairmanship of Prime Minister. The Chairman nominates other nine members. National authority can make an advisory committee of experts in the field of disaster management. National authority is the main body which lays down policies, approve national plan, lay down guidelines for state authorities, coordinate the implementation, recommends the funds, provides support for other countries, guide the policies of National Institute of Disaster Management. This chapter also speaks about the national executive committee which includes the secretary to the government of India, in charge of disaster management will be the chairperson and secretaries to ministries of agriculture, atomic energy, defense, drinking water supply, environment and forests, finance, health, power, rural development, science and technology, space, telecommunication, urban development, water resources and the chief of integrated defence staff. It can make subcommittees to discharge its functions. The main function is to act as administrative supportive body to coordinate the national authority’s functions. NDMA plays major role in preparation of national plan, policies, coordination of ministries, technical guidelines for state governments etc. This chapter also guides the national plan and minimum standards of relief.
Chapter 3: It presents state level disaster management authorities. State disaster management authority, under the chairmanship of chief minister, will include eight other nominated members by CM. The chairperson of state executive committee shall be also an ex officio member. He will be the chief executive officer of the state authority. Authority can form the advisory committees of experts. State executive committee will be formed under the chairmanship of chief secretary .Four other secretaries of state will be members. Provision is there to formulate state plan and subcommittees. During emergencies state executive committee is empowered to deliver services or make restrictions. Other wise functions and powers are similar to national level structure in state level.
Chapter 4: It presents the district disaster management authority and its powers and functions. District collector/ Magistrate/ DC will be the chair person. Elected representative like Zilla panchayath president will be co chairperson. Other members are medical officer, SP(police), chief executive officer of district, and other two officers. Clearly mentions the functions, the formulation of district plan, and roles in emergency. Functions are similar to state or central, but only area differs.
Chapter 5: Measures by the government for disaster management: Various levels of government according to plan of action, needs to be carried out. Those measures are mentioned.
Chapter 6: Discusses local authority’s roles and functions. These are supportive roles in implementation of national, state and district plan. Also it has major role in prevention and preparedness
Chapter 7: National institute of disaster management: capacity building and Human resource development, research, and awareness creation
Chapter 8: National disaster response force. It will be constituted by central government.
Chapter 9: Finance, account, Audit: It mentions about funds in central, state and district level.
Chapter 10: Offences and punishment: offences such as misuse of resources, obstruction mitigation work, or being irresponsible though holding statutory obligation etc. Punishment varies from 1 to 2 year imprisonment, with or with out fine
Chapter 11: Miscellaneous: gives power to district authority to request the resources, such as vehicle, place etc. Authority can pay the compensation which is appropriate. Direction to media for communicating warning is another main provision. An officer who takes an action with good interest will not be punishable. Annual reports, power to state government to make rules and regulation are other major sections.

Comments and conclusion
This Act is quite complementary to the current disaster management services. Though act is not speaking various types of services, it serves the purpose. This statutory structure will enhance the speed and quality of disaster management service. The government focused interventions would be decentralized to even local councils. Let us hope this unique legislation would empower quality assurance in disaster management

Reference:
National Disaster Response Plan, NCDM, New Delhi, 2001.
National Disaster Management Guidelines, National Disaster Management Authority,
New Delhi, 2007.
The Disaster Management Act 2005, Universal law publishing Co. Pvt. Ltd. New Delhi.

http://www.gsdma.org/
http://loksabha.nic.in/ls/bills/dm.pdf
http://www.ndmindia.nic.in/
http://www.nidm.net/
http://www.nidm.net/idmc/partner.htm
http://www.vitcdmm.org/journel_on_disasters.pdf