THE DISASTER

MANAGEMENT ACT, 2005

An Introduction

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“An Act to provide for
the effective management
of disasters and for
matters connected
therewith or incidental
thereto.”
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Key Concepts
● DM ACT, 2005
● ORGANIZATION
○ NDMA
○ SDMA
○ DDMA
○ LOCAL AUTHORITY
● DDMP
● NDRF/ SDRF
● RESPONSIBILITIES AND POWERS
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Scenario 1 - Your first posting as DM/ SDM/ BDO
● You are posted as DM/ SDM/ BDO in a hilly, high rainfall, forested
district. The previous monsoon was abnormal and torrential rainfall
concentrated over a few days led to landslides and loss of life & property.
● However, you also see from the rainfall records that your district has an
average precipitation pattern that is not worrisome. The next monsoon
approaches in about 8 months’ time.
● You feel it is appropriate to plan and be prepared. And also to reach out
to the people now itself with important instructions and guidelines. But the
media does not give sufficient coverage to your press meet as some
scandal about a leading actor has taken centre stage.
● What should you do? 4
What does the Act provide for?
1. Section 31 - District Plan
a. There shall be a plan for disaster management for every district
b. Prepared by ?
c. In what manner?
d. What shall it include?
e. Is it static?
f. Preparing DDMP is solely the responsibility of the district administration?

2. Section 32 - Plans by different authorities at district level and their

implementation
a. Who are the others who are required to make plans?
b. Who are the ‘local authorities’?
c. Is it independently prepared?

3. Section 67 - Direction to media for communication of warnings, etc. 6

Scenario 2 - the disaster strikes…
• As the monsoon progresses, it wreaks havoc. The revenue, police and
panchayat staff are overwhelmed. They ask for more HR for managing it.
• The staff of certain line departments are not very forthcoming to take part in
the relief efforts even after written requests by the Tahsildar/ BDO.
• Water engulfs swathes of low-lying areas and people will now have to be
rescued from their houses by means of boats.
• Your subdivision has boats operated by private players and the State Tourism
Corporation (STC). Only the STC agrees to lend boats for rescue whereas the
private boat operators decline your request.

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Scenario 2 - the disaster strikes…
• Roads in the hills are blocked by fallen trees, and many villages are cut off.
The maintenance contractor of the DISCOM has power saws and heavy
vehicles. The PWD is requesting for these to cut and remove the fallen trees.
• In the meanwhile, many tourists are flocking in large numbers to see the
rivers in spate, fallen bridges and massive landslides. The police are unable
to control the crowd or restrict their entry, putting their lives and the S&R
operations at risk.
• Moreover, some youth are circulating videos and messages of hitherto
unreported landslides, adding to the panic of the local residents. In reality, the
viral content is actually from elsewhere and is not of the current tragedy.
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• What will you do?
What does the Act provide for?
1. Section 33 - Requisition by the District Authority.
2. Section 56 - Penalty for refusing to perform duties.
3. Section 65 - Power of requisition of resources, provisions, vehicles, etc.,
for rescue operations, etc.
a. Does power saw fall under resource?
b. What about the contractor’s workforce?
c. What about boats?
d. Is this free of cost?
4. Section 66 - Payment of compensation.
5. Section 34(b) & (c) - Powers and functions of District Authority in the
event of any threatening disaster situation or disaster.
6. Section 54 - Punishment for false warning. 9
Case 3 – Relief…
● Camps have to be set up and you are running short of government
buildings to house people who need temporary shelter. There is a private
engineering college, but the management refuses to hand over the
premises citing possible damage to their infrastructure.
● A lot of relief material has to be procured. Local vendors have good
quality materials, but demand direct purchase. However, the general
financial rules (GFR) mandates tendering to procure the items, as it is a
large quantity. Tendering will lead to delay, though.
● There are allegations about NGOs providing assistance to only
members of one community residing in the shelter, and not to any
others, as well as about misappropriation of relief materials by staff.
What powers do you have to handle such situations? 10
What does the Act provide for?
1. Section 65 - Power of requisition of resources, provisions, vehicles,
etc., for rescue operations, etc.
2. Section 66 - Payment of compensation.
3. Section 50 - Emergency procurement and accounting.
i. Is it beyond regular auditing purview?
ii. What should be the upper cap in such procurement?
4. Section 34 (l) - Powers and functions of District Authority in the event
of any threatening disaster situation or disaster.
5. Section 53 - Punishment for misappropriation of money or material.

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Ensuring compliance
● What if someone obstructs the S&R work or refuses to comply with
directions of the DM?
○ Section 51 - Punishment for obstruction, etc.
● What if the a government servant absconds from his place of duty?
○ Section 56 - Failure of officer in duty or his connivance at the
contravention of the provisions of this Act.
● A department has passed an order to its staff in contravention of
your standing orders under the DM Act, to the detriment of R&R.
○ Section 55. Offences by Departments of the Government.
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Ensuring compliance
● The contractor, backed by the EE DISCOM, refuses to lend
machinery.
○ Section 56 - against the XEN. But what about prosecution?
○ Section 57 - Penalty for contravention of any order regarding
requisitioning.
○ Section 58- Offence by companies.
○ Section 59 - Previous sanction for prosecution

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Beyond the Act…
• Moral leadership vs Statute-based leadership
• VIP visits
• Facilities for S & R personnel - defence/ DRF/ civil
• Welfare of staff & volunteers
• Human touch – special care of vulnerable groups
• Real-time information dissemination
• Combating fake news
• Avoid clash of egos – build esprit de corps & morale
• Attention to detail
• Game changer - visible & tangible leadership & teamwork – DC/ SP/ DCF/ CEO 14
Thank you!

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