Disaster Management Act 2005, Background, Objectives, Key Provisions

The Disaster Management Act, 2005 (DM Act) was enacted by the Government of India to provide a legal framework for the efficient management of disasters, including natural and man-made calamities. Although passed in 2005, the Act came into force in January 2006. It marks a significant step in transforming India’s approach from reactive disaster response to proactive disaster management.

Definition of “Disaster”

Section 2(d) of the Disaster Management Act, 2005 defines a disaster as:

“A catastrophe, mishap, calamity, or grave occurrence in any area, arising from natural or man-made causes.”

This broad definition includes floods, earthquakes, industrial accidents, epidemics, and other serious events that threaten human life and property.

Disaster Management Act, 2005 Background

• Indian Ocean Tsunami 2004 – The devastating tsunami on 26th December 2004 affected the coasts of Tamil Nadu, Andhra Pradesh, and other parts of India, killing over 10,000 people and causing widespread destruction. This disaster highlighted the lack of a coordinated disaster management framework in India.
• Need for Legal Framework – The tsunami exposed gaps in disaster preparedness, early warning systems, and response mechanisms, prompting the government to formulate a comprehensive law for disaster management.
• Enactment of the Act – In response, the Disaster Management Act was passed in 2005, providing a legal and institutional structure for disaster preparedness, mitigation, and relief.
• Shift from Relief to Preparedness – Prior to the Act, India’s approach was largely reactive, focusing on relief and rehabilitation. The Act introduced a proactive approach, emphasizing prevention, mitigation, capacity-building, and risk assessment.

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Disaster Management Act, 2005 Objectives

1. Efficient Disaster Management – To ensure effective management of disasters, including natural and man-made calamities.
2. Mitigation Strategies – To prepare and implement strategies to reduce the impact of disasters.
3. Capacity Building – To set up authorities at national, state, and district levels, such as the National Disaster Management Authority (NDMA), State Disaster Management Authorities (SDMAs), and District Disaster Management Authorities (DDMAs).
4. Preparedness and Response – To establish a framework for timely and coordinated disaster response.
5. Risk Assessment and Planning – To identify disaster-prone areas and formulate plans for disaster prevention, mitigation, and relief.
6. Research and Training – To promote research, awareness, and training programs for improving disaster management capabilities.
7. Coordination Among Agencies – To ensure cooperation and coordination between government bodies, NGOs, and civil society during disasters.
8. Financial Preparedness – To provide funding mechanisms like the National Disaster Response Fund for emergency response and rehabilitation.

Provisions of Disaster Management Act, 2005 

The Disaster Management Act, 2005 provides a detailed legal and institutional framework for disaster preparedness, mitigation, and response in India. Key sections of the Act focus on national, state, and district-level authorities, their functions, and specialized bodies like the National Disaster Response Force (NDRF).

1. National Disaster Management Authority (NDMA)

Relevant Sections:

• Section 6 – Empowers NDMA to formulate national disaster management plans and ensure state agencies implement them.
• Section 10 – Authorizes the National Executive Committee (NEC) to direct government actions during disasters.
• Section 33 – Allows District Authorities to direct local officers or departments to take necessary measures to prevent or reduce disaster impact.

Composition of NDMA:

• Headed by the Prime Minister of India.
• Can have up to 9 members, including a Vice-Chairperson designated by the Chairperson.
• Members have a term of 5 years.
• The Authority meets as needed and can form advisory committees of experts.

Functions and Duties of NDMA:

1. Formulate disaster management policies.
2. Approve the National Plan and plans from other central ministries.
3. Set standards for state agencies and departments.
4. Coordinate implementation of disaster management plans.
5. Recommend financial resources for mitigation measures.
6. Assist other nations during disasters, if needed.
7. Promote preparedness, mitigation, prevention, and capacity building.
8. Establish operational rules for the National Institute of Disaster Management (NIDM)

2. National Executive Committee (NEC)

Relevant Sections:

• Section 8 – Constitutes the NEC to assist NDMA in its functions.
• Section 10 – Outlines the NEC’s powers and responsibilities.

Composition of NEC:

• Chairperson: Secretary of the Ministry/Department handling disaster management.
• Members include:
  • Chief of Integrated Defence Staff of the Chiefs of Staff Committee.
  • Secretaries of relevant central ministries and departments.
  • Other central and state government officials as necessary.

Functions and Duties of NEC:

1. Coordinate and monitor disaster management across the country.
2. Prepare the National Disaster Management Plan for NDMA approval.
3. Monitor implementation of the National Policy.
4. Lay down guidelines for state and central ministries to prepare disaster plans.
5. Promote public awareness and education on disaster management.
6. Advise, assist, and coordinate NGOs and other authorities involved in disaster management.
7. Provide technical support to states for disaster preparedness.
8. Assess the readiness of government machinery at all levels.
9. Organize specialized training programs in disaster management.
10. Request personnel and resources from the government during emergencies.
11. Form sub-committees to effectively discharge its duties.

3. State Disaster Management Authority (SDMA)

Relevant Sections:

• Section 14 – Requires each state to establish a SDMA.
• Section 22 – State Executive Committee is responsible for preparing the State Disaster Management Plan and implementing the National Plan.

Composition:

• Ex-officio Chairperson: Chief Minister (states) or Lieutenant Governor (UTs).
• Members: Maximum of 8 nominated by the Chairperson.
• Vice-Chairperson: One nominee of the Chairperson.
• Chief Executive Officer (CEO): Also chairs the State Executive Committee.

Functions and Duties of SDMA (Section 18):

1. Formulate the state’s disaster management strategy.
2. Approve the state plan and departmental plans.
3. Set rules for state departments regarding disaster preparedness.
4. Coordinate implementation of disaster management plans.
5. Advise on fund allocation for mitigation measures.
6. Review departmental preparedness and provide directives for capacity building and mitigation.

4. District Disaster Management Authority (DDMA)

Relevant Section:

• Section 25 – Provides for the establishment of DDMA in each district.

Composition:

• Ex-officio Chairperson: District Collector, Magistrate, or Deputy Commissioner.
• Co-Chairperson: Elected representative of local authority.
• Members:
  • Chief Executive Officer of the District Authority.
  • Police Superintendent.
  • Chief Medical Officer of the district.
  • Up to 2 additional officers nominated by the state government.

5. National Disaster Response Force (NDRF)

• Section 44 – Establishes the NDRF for effective disaster response.

• NDRF is composed of trained professional units for specialized disaster response.
• Operates under the control and direction of NDMA.
• Command and supervision rest with the Director General of NDRF, appointed by the Central Government.

Challenges Towards Disaster Management Act 2005

• The Act lacks provisions for declaring disaster-prone zones, making proactive planning and resource allocation difficult.
• It focuses mainly on sudden disasters, ignoring gradual or progressive disasters like dengue and tuberculosis that cause significant annual deaths.
• Multiple national bodies like NDMA, NEC, NIDM, and NDRF have overlapping functions, creating coordination challenges.
• Procedural delays in decision-making and implementation reduce the effectiveness of disaster response, as seen in events like the 2019 Bihar floods.
• India has limited technological capacity for early warning and accurate prediction, increasing the impact of disasters, especially in rural areas.
• Financial, resource, and awareness gaps exist, with funds sometimes delayed and public knowledge of disaster preparedness remaining low (only 30–35% of rural populations aware, according to NDMA 2022).

Way Forward

• Strengthen local authorities as first responders by providing training, resources, and clear operational roles.
• Integrate technology for early warning systems, accurate disaster prediction, and real-time monitoring.
• Increase public awareness through education campaigns and community-level disaster preparedness programs.
• Enhance coordination between national, state, and district authorities, NGOs, and private sectors for faster response.
• Ensure timely funding and resource allocation through NDRF and SDRF to improve disaster mitigation and relief.
• Include progressive and climate-related disasters in planning to address emerging risks like epidemics, heatwaves, and cyclones.