Disaster Management Act, 2005 and Disaster Management Framework in India

The Disaster Management Act, 2005 has been enacted as the central Act to deal with the management of disasters. This act envisaged a three tier Disaster Management structure in India at National, States and District levels. Under the act, the NDMA, SDMA, NEC, NDRF, NIDM and disaster related funds were established.

National Disaster Management Authority

The Disaster Management Act mandates the Central Government to establish NDMA as nodal authority with prime minister as its ex-officio chairperson. Further, it has maximum nine members nominated by Chairman (Prime Minister). The Chairman can nominate any of the nine members also as Vice-chairman of NDMA. The NDMA meetings are presided by the Chairman and such meetings are called for as and when PM thinks fit. If Chairman is not available for presiding the NDMA meeting, this job is to be done by Vice President.  Officers, employees and consultants to the authority are provided by the Central Government.

Powers and Functions of NDMA

The key responsibilities of NDMA include laying down the policies, plans and guidelines for disaster management for ensuring timely and effective response to disaster.  It lays down the policies on disaster management, approve the national plan, and approve plans developed by various ministries of the union, lay down the guidelines to be followed by the state authorities in drawing up state plans. NDMA also is mandated to recommend guidelines for the minimum standards of relief to be provided to persons affected by disaster. The minimum standards are as follows:

• Minimum requirements to be provided in the relief camps in relation to shelter, food, drinking water, medical cover and sanitation;
• Special provisions to be made for widows and orphans;
• 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;
• Such other relief as may be necessary.

In case of a disaster of severe magnitude, the NDMA is empowered to recommend relief in repayment of loans or for grant of fresh loans to the persons affected by disaster.

Responsibilities of the Central Government

The DM Act puts on central government the obligation to take all measures necessary and expedient for the purpose of disaster management including coordination between ministries and department, state governments, various domestic and international agencies etc.  It is also obliged to make proper allocation of funds.

National Executive Committee

Apart from NDMA, the central government also constitutes a National Executive Committee which is responsible for assisting NDMA in execution of various functions for disaster management. The secretary of the ministry which is responsible for disaster management is chairperson of NEC. The secretaries in the ministries of agriculture, atomic energy, defence, drinking water supply, environment and forests, finance (expenditure), health, power, rural development, science and technology, space, telecommunication, urban development, water resources and the Chief of the Integrated Defence Staff of the Chiefs of Staff Committee will be members of the NEC.

Powers and Functions of NEC

• Assist NDMA in its functions
• Implementing the plans and policies of NDMA
• Ensuring compliance with the directives of Central Government.
• To act as a coordinating and monitoring body for disaster management
• Prepare the National Plan to be approved by the NDMA
• Prepare guidelines for different ministries with respect to disaster management.
• Provide technical assistance to state governments and authorities.
• Monitor the implementation of the National Plans and plans of various ministries
• Monitor implementation of the guidelines laid down by the NDMA
• Coordinate response in case of a disaster.
• Advise and assist various ministries and departments.

National Plan

The National Plan is a Disaster Management Plan for the entire country. It is prepared by the NEC in consultation with the state governments and various bodies in the field of disaster management. Once prepared, NDMA approves it. The basic things to be included in national plan are as follows:

• What measures are to be taken for the prevention of disasters, or the mitigation of their effects?
• What measures are to be taken for the integration of mitigation measures in the development plans?
• What measures are to be taken for preparedness and capacity building?
• What will be the roles and responsibilities of different Ministries or Departments?

A National Plan has to be reviewed and updated annually. The central government would finance the measures to be carried out as per the plan. The copies of the plan shall be distributed to all ministries and departments and using this plan, the ministries would develop their own plans.

State Disaster Management Authority

A state Disaster Management Authority is to be established by every state government.  The Chief Minister of the state is the chairperson of SDMA. There are maximum 9 members other than the chairperson.  In case of a Union Territory with no assembly (Delhi and Puducherry), the Lieutenant Governor or the Administrator is the chairman of the SDMA.  The SDMA will meet as and when the chairperson (CM) decides.  Other employees and staff of the SDMA are appointed by the State Government.

Powers and Functions of SDMA

• To lay down the disaster management policies and plans for state
• To lay down state disaster management policy
• Approve state plans as per guidelines of national plans.
• To lay down guidelines to be followed by departments of the state.
• The act maintains that the CM , in case of emergency, would have the power to exercise all or any of the powers of the State Authority but the exercise of such powers shall be subject to ex post facto ratification of the State Authority.

State Executive Committee

The state government also creates 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 ensure the compliance of directions issued by the State Government under this Act.

Its powers and functions are almost a replica of the NEC at state level. Further, it can also among others can:

• Control and restrict, vehicular traffic to, from or within, the vulnerable or affected area
• Control and restrict the entry of any person into, his movement within and departure from, a vulnerable or affected area;
• Remove debris, conduct search and carry out rescue operations; provide shelter, food, drinking water, essential provisions, healthcare and services in accordance with the standards laid down by the National Authority and State Authority;

State Disaster Management Plan

Every State Executive Committee prepares a state disaster management plan as per the guidelines of the NDMA. State plan are approved by the State DM Authority. The state plan would comprise various vulnerabilities, measures to be adopted for prevention and mitigation, Capacity building measures, roles and responsibilities of various departments etc.  The state plan has to be reviewed every year. The state government will finance the measures listed out in state plans.

District Disaster Management Authority

The DDMA are set up by state government via a notification in the state budget. It consists of Chairperson and seven members. The collector or District Magistrate or Deputy Commissioner would be the chairman. The Co-chairperson will be elected members of the local government. In the Sixth Schedule areas, the Chief Executive Member of the district council of autonomous district, shall be the co-Chairperson. The members will include Superintendent of the Police, Chief Medical Officer and other district level officers as nominated by the state government.

Powers and Functions of DDMA

The DDMA works as a district planning, coordinating and implementing body for disaster management. It will coordinate with the upper two tiers of the structure and will plan the implementation of the prevention, mitigation and preparedness at local level.

National Institute of Disaster Management

National Institute of Disaster Management has been established as a statutory body under DM Act.  This institute is 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. Its key functions include:

• Development of training material
• Formulate a comprehensive human resource plan
• Provide inputs to governments
• Develop educational materials for disaster management including academic and professional courses
• Promote awareness
• Conduct study courses

National Disaster Response Force

The act envisages constitution of the National Disaster Response Force for the purpose of specialist response to a threatening disaster situation or disaster. The general superintendence, direction and control of the Force shall be vested and exercised by NDMA.

National Disaster Response Fund

The DM Act 2005 calls upon the central government to constitute the National Disaster Response Fund for meeting any threatening disaster situation or disaster. The central government will be able to use the money from this fund to meet expenses for emergency response, relief and rehabilitation. Here we note that the erstwhile National Calamity Contingency Fund (NCCF) which was constituted as per the recommendations of the 11th Finance Commission has been merged into National Disaster Response Fund (NDRF) in line with the recommendation of the 13th Finance Commission. The amount collected from National Calamity Contingent Duty (NCCD) is transferred to the NDRF.

National Disaster Mitigation Fund

The act also calls upon the government to constitute a National Disaster Mitigation Fund for projects exclusively for the purpose of mitigation. They money from this fund is to be used by the NDMA for mitigation purposes.

The Disaster Management Structure in India

As per mandate of the Disaster Management Act 2005, the government created the NDMA as opposed to a separate ministry recommended by the Pant Committee. The disaster management set up was structured at three levels viz. national, state and district. The NDMA was set up as the apex body at the national level, while at the state level State Disaster Management Authorities (SDMA) were set up. These were headed by the Chief Ministers.  At the district level District Disaster Management Authorities (DDMA) were set up. These were headed by the District Collectors and co-chaired by elected representatives of the local authorities. All these authorities were charged with the responsibility of formulating holistic and integrated plans for disaster management and ensuring the implementation of these plans when required.

The executive committee of the NDMA is called National Executive Committee (NEC). It coordinates the response on behalf of the NDMA. It consists of 14 Secretaries of the government of India as well as the Chief of the Integrated Defence Staff. To assist the NDMA two other bodies have been created called the National Institute of Disaster Management (NIDM) and the National Disaster Response Force (NDRF). The structure of the NDMA, evolved for disaster management at the national level, is shown in the adjacent graphics.