DM ACT,2005

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DISASTER MANAGEMENTDISASTER MANAGEMENTACT, 2005ACT, 2005

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DISASTER MANAGEMENT ACT, 2005DISASTER MANAGEMENT ACT, 2005

THE ACT RECEIVED ASSENT OFTHE ACT RECEIVED ASSENT OFPRESIDENT OF INDIA ON 23/12/2005.PRESIDENT OF INDIA ON 23/12/2005.

NOTIFIED IN THE OFFICIAL GAZETTENOTIFIED IN THE OFFICIAL GAZETTE

ON 26/12/2005ON 26/12/2005

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Hyogo Frameworkt for ActionHy

ogo Frameworkt for Action

The World The World ConferenceConference onon Disaster Disaster ReductionReduction was held fromwas held from

18 to 22 January 2005 in Kobe, Hyogo,18 to 22 January

2005 in Kobe, Hyogo,JapanJap

an ,

, and adopted the present:and adopted the present:

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The Conference provided a uniqueThe Conference provided a uniqueopportunity to promote a strategic andopportunity to promote a strategic andFramework for Action 2005-2015 Framework for Action 2005-2015 [1] [1] systematic approach to reducingsystematic approach to reducingvulnerabilitiesvulnerabilities [2][2] and risks to hazards.and risks to hazards. [3][3] ItItunderscored the need for, and identifiedunderscored the need for, and identified

ways of, building the resilience of nationsways of, building the resilience of nationsand communities to disasters.and communities to disasters.
http://www.unisdr.org/eng/hfa/hfa.htmhttp://www.unisdr.org/eng/hfa/hfa.htmhttp://www.unisdr.org/eng/hfa/hfa.htmhttp://www.unisdr.org/eng/hfa/hfa.htmhttp://www.unisdr.org/eng/hfa/hfa.htmhttp://www.unisdr.org/eng/hfa/hfa.htmhttp://www.unisdr.org/eng/hfa/hfa.htmhttp://www.unisdr.org/eng/hfa/hfa.htmhttp://www.unisdr.org/eng/hfa/hfa.htm

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National Policy on Disaster Management National Policy

on Disaster Management

Approved by the Union Cabinet on 22ndApproved by the Union Cabinet on 22ndOctober, 2009October, 2009NATIONAL DISASTER MANAGEMENTNATIONAL DISASTER MANAGEMENT

AUTHORITY Ministry of Home ,GOIAUTHORITY Ministry of Home ,GOI

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VisionVision

To build a safe and disaster resilientTo build a safe and disaster resilient((resistance/toughness)resistance/toughness) IndiaIndiaby developing a holistic, proactive, multi-by developing a holistic, proactive, multi-disaster oriented and technology drivendisaster oriented and technology drivenstrategy throughstrategy through

a culture of prevention, mitigation,a culture of prevention, mitigation,preparedness and response.preparedness and response.

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APPROACHAPPROACH

Community based DM, including integration of Community based DM, including integration of the policy, plans and execution.the policy, plans and execution.

Capacity development in all spheres.Capacity development in all spheres. Consolidation of past initiatives and bestConsolidation of past initiatives and best

practices.practices. Cooperation with agencies at National andCooperation with agencies at National and

International levels.International levels. Multi sectoral synergy.Multi sectoral synergy.

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DISASTER MANAGEMENT ACT, 2005DISASTER MANAGEMENT ACT, 2005

THE ACT RECEIVED ASSENT OFTHE ACT RECEIVED ASSENT OFPRESIDENT OF INDIA ON 23/12/2005.PRESIDENT OF INDIA ON 23/12/2005.

NOTIFIED IN THE OFFICIAL GAZETTENOTIFIED IN THE OFFICIAL GAZETTE

ON 26/12/2005ON 26/12/2005

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SALIENT FEATURES.SALIENT FEATURES.

TITLE :TITLE :

THE DISASTER MANAGEMENT ACT,THE DISASTER MANAGEMENT ACT,2005.2005.( ACT NO. 53 OF 2005)( ACT NO. 53 OF 2005)

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OBJECTIVESOBJECTIVES

AT THE END OF THE SESSION THE PARTCIPANTS WILL BE ABLE TO AT THE END OF THE SESSION THE PARTCIPANTS WILL BE ABLE TO

1.1. DESCRIBE THEDESCRIBE THE SALIENT FEATURESSALIENT FEATURES OF DISASTER MANAGEMENT ACT,OF DISASTER MANAGEMENT ACT,2005.2005.

2.2. LISTLIST THE DISASTER MANAGEMENTTHE DISASTER MANAGEMENT SET UP AND THEIR COMPOSITIONSET UP AND THEIR COMPOSITION AT THE NATIONAL, STATE AND DISTRICT LEVELAT THE NATIONAL, STATE AND DISTRICT LEVEL

3.3. DESCRIBE MEASURESDESCRIBE MEASURES BY GOVERNMENT & FUNCTIONS OF LOCALBY GOVERNMENT & FUNCTIONS OF LOCALAUTHORITIES,AUTHORITIES,

4.4. EXPLAIN NIDM, NDRF , FINANCE(NDRf, NDMf),EXPLAIN NIDM, NDRF , FINANCE(NDRf, NDMf),

5.5. STATE THE PENAL PROVISIONS DESCRIBED IN THE D.M. ACT FORSTATE THE PENAL PROVISIONS DESCRIBED IN THE D.M. ACT FORCOMMITING CRIMES RELATED TO DISASTER.COMMITING CRIMES RELATED TO DISASTER.

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EXTENSION : WHOLE OF INDIAEXTENSION : WHOLE OF INDIA

NO. OF CHAPTERS 11NO. OF CHAPTERS 11

NO. OF SECTIONS 79NO. OF SECTIONS 79

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CHAPTER 1- ( Sec 1-2) - PRELIMINARYCHAPTER 1- ( Sec 1-2) - PRELIMINARY

CHAPTER 2- ( Sec 3-13) - NATIONAL DISASTER MANAGEMENT AUTHORITY.CHAPTER 2- ( Sec 3-13) - NATIONAL DISASTER MANAGEMENT AUTHORITY.

CHAPTER 3- ( Sec 14-24) - STATE DISASTER MANAGEMENTAUTHORITY.CHAPTER 3- ( Sec 14-24) - STATE DISASTER MANAGEMENTAUTHORITY.

CHAPTER 4- (Sec 25-34) -CHAPTER 4- (Sec 25-34) - DISTRICT DISASTER MANAGEMENT AUTHORITY.DISTRICT DISASTER MANAGEMENT AUTHORITY.

CHAPTER 5- (Sec 35-40) - MEASURES BY THE GOVERNMENT FORCHAPTER 5- (Sec 35-40) - MEASURES BY THE GOVERNMENT FORDISASTER MANAGEMENT.DISASTER MANAGEMENT.

CHAPTER 6- ( Sec 41) - LOCAL AUTHORITIESCHAPTER 6- ( Sec 41) - LOCAL AUTHORITIES

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CHAPTER 7 (Sec 42- 43) NATIONAL INSTITUTE DISASTERCHAPTER 7 (Sec 42- 43) NATIONAL INSTITUTE DISASTERMANAGEMENT [NIDM]MANAGEMENT [NIDM]

CHAPTER 8 (Sec 44- 45) NATIONAL DISASTER RESPONSECHAPTER 8 (Sec 44- 45) NATIONAL DISASTER RESPONSE FORCE [NDRF ]FORCE [NDRF ]

CHAPTER 9 (Sec 46-50) FINANCE, ACCOUNTS AND AUDIT.CHAPTER 9 (Sec 46-50) FINANCE, ACCOUNTS AND AUDIT.

CHAPTER 10 (Sec 51-60) OFFENCES AND PENALTIES.CHAPTER 10 (Sec 51-60) OFFENCES AND PENALTIES.

CHAPTER 11 (Sec 61-79) MISCELLANEOUSCHAPTER 11 (Sec 61-79) MISCELLANEOUS

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DISASTER MANAGEMENT SETDISASTER MANAGEMENT SETUP AT NATIONAL, STATE ANDUP AT NATIONAL, STATE AND

DISTRICT LEVELDISTRICT LEVEL NATIONAL LEVELNATIONAL LEVEL -- NATIONAL DISASTER MANAGEMENTNATIONAL DISASTER MANAGEMENT

AUTHORITY [ NDMA ]AUTHORITY [ NDMA ]

STAE LEVELSTAE LEVEL ---- STATE DISASTER MANAGEMENTSTATE DISASTER MANAGEMENTAUTHORITY [SDMA ]AUTHORITY [ SDMA ]

DISTRICT LEVEL -DISTRICT LEVEL - DISTRICT DISASTERDISTRICT DISASTERMANAGEMENTMANAGEMENT AUTHORITY [DDMA]AUTHORITY [ DDMA]

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COMPOSTION OF NDMACOMPOSTION OF NDMA

CHAIRPERSONCHAIRPERSON -- PRIME MINISTER OF INDIAPRIME MINISTER OF INDIA(EX- OFFICIO)(EX- OFFICIO)

OTHER MEMBERSOTHER MEMBERS -- NOT EXCEEDING 9 ,NOT EXCEEDING 9 ,

TO BE NOMINATED BY THE CHAIR PERSON.TO BE NOMINATED BY THE CHAIR PERSON.

VICE CHAIRPERSON -VICE CHAIRPERSON - ONE OF THESE MEMBER WILLONE OF THESE MEMBER WILLBEBE

DESIGNATED asDESIGNATED as VVICE CHAIRPERSON ICE CHAIRPERSON ..

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COMPOSITION OFCOMPOSITION OFSTATE DISASTER MANAGEMENT AUTHORITYSTATE DISASTER MANAGEMENT AUTHORITY

[SDMA][SDMA]

.. CHAIRPERSON -CHAIRPERSON - CHIEF MINISTER OF THE STATECHIEF MINISTER OF THE STATE

(EX- OFFICIO).(EX- OFFICIO).

OTHER MEMBERSOTHER MEMBERS NNOT EXCEEDINGOT EXCEEDING 88 ,,TO BE NOMINATED BY THE CHAIR PERSONTO BE NOMINATED BY THE CHAIR PERSON

VICE CHAIRPERSON -VICE CHAIRPERSON - ONE OF THESEONE OF THESE MEMBER WILL BEMEMBER WILL BE

DESIGNATED ASDESIGNATED AS VICE CHAIRPERSONVICE CHAIRPERSON ..

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Composition of State AuthorityComposition of State Authority Chair person : Chief Minster Chair person : Chief Minster

Other membersOther members

MinistersMinisters

i.Revenue,Relief,Rehabilitation& Youth Servicesi.Revenue,Relief,Rehabilitation& Youth ServicesII. Home III. FinanceII. Home III. FinanceIV. Health V. Major irrigationIV. Health V. Major irrigationV. R&B VI. PRV. R&B VI. PRVII. Chief Secretary - Member Convener VII. Chief Secretary - Member Convener

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Composition of Composition of District Disaster Management Authority (DDMA)District Disaster Management Authority (DDMA)

I. ChairpersonI. Chairpe rson , Ex Officio -, Ex Officio - Collector Collector II. CO Chairperson -II. CO Chairperson - ZP Chair PersonZP Chair Person

III. Chief Executive Officer - Jt. Collector III. Chief Executive Officer - Jt. Collector MembersMembersIV. Superintendent of PoliceIV. Superintendent of PoliceV . PD , DRDAV . PD , DRDA

VI. CEO, ZPVI. CEO, ZPVII.VII.DM & HODM & HOIN TRIBAL AREA THE CHIEF EXECUTIVE MEMBER OF THE DISTRICT COUNCILIN TRIBAL AREA THE CHIEF EXECUTIVE MEMBER OF THE DISTRICT COUNCIL

OF AUTONOMOUS BODY IS THE CO-CHAIRPERSONOF AUTONOMOUS BODY IS THE CO-CHAIRPERSON

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EXECUTIVE COMMITTESEXECUTIVE COMMITTES

THERE ARE EXECUTIVE COMMITTEES AT THETHERE ARE EXECUTIVE COMMITTEES AT THENATIONAL LEVELNATIONAL LEVEL ANDAND STATE LEVELSTATE LEVEL ..

NEC -- HAS THENEC -- HAS THE SECRETARY OF GOISECRETARY OF GOI IN CHARGEIN CHARGEOF THE DEPARTMENT HAVING ADMINISTRATIVEOF THE DEPARTMENT HAVING ADMINISTRATIVECONTROL OVER DISASTER MANAGEMENT AS THECONTROL OVER DISASTER MANAGEMENT AS THECHAIRPERSON CHAIRPERSON ..

SEC CHIEF SECRETARY AS THE CHAIR PERSON.SEC CHIEF SECRETARY AS THE CHAIR PERSON.

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Composition of the State Executive CommitteeComposition of the State Executive Committee

I. Chair person :Chief SecretaryI. Chair person :Chief SecretaryOther MembersOther Members

II. Principle Secretary / SecretaryII. Principle Secretary / Secretary FinanceFinance III.Principle Secretary / SecretaryIII.Principle Secretary / Secretary PR&RDPR&RD IV.Principle Secretary / SecretaryIV.Principle Secretary / Secretary I & CADI & CAD

V. Commissioner DM Member Convener V. Commissioner DM Member Convener

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PLANSPLANS

National Plan includesNational Plan includes Prevention Measures and MitigationPrevention Measures and Mitigation

Integration MeasuresIntegration Measures Preparedness and Capacity Building MeasuresPreparedness and Capacity Building Measures Roles and Responsibilities Government Ministries and Depts.Roles and Responsibilities Government Ministries and Depts. Annual Review and UpdatingAnnual Review and Updating Financing ProvisionsFinancing Provisions

State Plan includesState Plan includes Vulnerability of different parts of the State to Disaster Vulnerability of different parts of the State to Disaster Prevention and Mitigation MeasuresPrevention and Mitigation Measures Integration of Measures to Development Projects and plansIntegration of Measures to Development Projects and plans

Capacity building and Preparedness measuresCapacity building and Preparedness measures Roles and Responsibilities for the above 3 and response for Roles and Responsibilities for the above 3 and response for

threatening disaster threatening disaster Annual Review and UpdatingAnnual Review and Updating Financing ProvisionsFinancing Provisions

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PLANS (contd)PLANS (contd)

District Plan includesDistrict Plan includes Vulnerability of different parts of the District to Disaster Vulnerability of different parts of the District to Disaster Prevention and Mitigation MeasuresPrevention and Mitigation Measures Capacity building and Preparedness measuresCapacity building and Preparedness measures Response Plans and Procedures which includesResponse Plans and Procedures which includes

Allocation of Responsibilities for Govt. Depts.Allocation of Responsibilities for Govt. Depts. Prompt Response and Relief Prompt Response and Relief Procurements of Essential ResourcesProcurements of Essential Resources Establishing Comm. LinksEstablishing Comm. Links

Dissemination of Info.Dissemination of Info. Annual Review and UpdatingAnnual Review and Updating

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NIDMNIDM :: National Institute of Disaster ManagementNational Institute of Disaster Management NDRF : National Disaster Response ForceNDRF : National Disaster Response ForceFinanceFinance NDRf : National Disaster Response FundNDRf : National Disaster Response Fund NDMf : National Disaster Mitigation FundNDMf : National Disaster Mitigation Fund SDRf : State Disaster Response FundSDRf : State Disaster Response Fund

SDMf : State Disaster Mitigation FundSDMf : State Disaster Mitigation Fund DDRf : District Disaster Response FundDDRf : District Disaster Response Fund DDMf : District Disaster Mitigation FundDDMf : District Disaster Mitigation Fund

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PENAL PROVISIONS (SEC 51-60)PENAL PROVISIONS (SEC 51-60)

PUNISHMENTPUNISHMENT FOR OBSTRUCTION FOR OBSTRUCTION AND/OR AND/OR NON- COMPLIANCE OF THE DIRECTIONS NON- COMPLIANCE OF THE DIRECTIONS GIVEN BY THE CENTRAL OR STATE GOVT.GIVEN BY THE CENTRAL OR STATE GOVT.

ONE YEAR IMPRISONMENT OR FINE ORONE YEAR IMPRISONMENT OR FINE ORBOTH.BOTH.

IF SUCH OBSTRUCTION RESULTS IN LOSSIF SUCH OBSTRUCTION RESULTS IN LOSSOF LIVES IMPRISONMENT MAY EXTENDOF LIVES IMPRISONMENT MAY EXTENDTO TWO YEARS.TO TWO YEARS.

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PUNISHMENT FORPUNISHMENT FOR FALSE CLAIMFALSE CLAIM

FOR OBTAINING RELIEF, ASSISTANCE ETC.FOR OBTAINING RELIEF, ASSISTANCE ETC.

TWO YEARS IMPRISONMENT AND ALSO WITH FINETWO YEARS IMPRISONMENT AND ALSO WITH FINE ..

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PUNISHMENT FORPUNISHMENT FORMISAPPOPRIATION MISAPPOPRIATION OFOF MONEY ORMONEY OR

MATERIALSMATERIALS

TWO YEARS IMPRISONMENT AND ALSOTWO YEARS IMPRISONMENT AND ALSOWITH FINE.WITH FINE.

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PUNISHMENT FORPUNISHMENT FOR FALSE WARNINGFALSE WARNING

ONE YEAR IMPRISONMENT OR WITH FINE.ONE YEAR IMPRISONMENT OR WITH FINE.

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PENALTY FORPENALTY FOR CONTRAVENTION OFCONTRAVENTION OFANY ORDERANY ORDER OF REQUISITIONINGOF REQUISITIONING

ONE YEAR IMPRISONMENT OR WITHONE YEAR IMPRISONMENT OR WITHFINE OR BOTHFINE OR BOTH

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REINFORCEMENTREINFORCEMENT

DATE OF ENACTMENT.DATE OF ENACTMENT. TITLE & EXTENSION.TITLE & EXTENSION.

SECTIONS AND CHAPTERS.SECTIONS AND CHAPTERS. NATIONAL, STATE, DISTRICTNATIONAL, STATE, DISTRICTAUTHORITIES.AUTHORITIES.

PENAL PROVISIONSPENAL PROVISIONS

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THANK YOUTHANK YOU

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LOCALLOCALAUTHORITYAUTHORITY

Local Authority includesLocal Authority includes- Pancahyati Raj Institutions,- Pancahyati Raj Institutions,- District board,- District board,- Cantonment Board,- Cantonment Board,

- Town Planning Authority- Town Planning Authority- Zilla Parishad- Zilla Parishad- any- any Body Body or or Authority Authority or or whatever name calledwhatever name called [ for [ for

time being invested by Law], for rendering servicestime being invested by Law], for rendering servicesor with the control and management of civic services,or with the control and management of civic services,within specified local area.within specified local area.

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Functions of the Local AuthorityFunctions of the Local Authority

Officers and employees are trained for DM.Officers and employees are trained for DM. Resources relating to DM should be readily available inResources relating to DM should be readily available in

the event of DM.the event of DM. All construction projects under Local authority confirm toAll construction projects under Local authority confirm to

standards and specifications laid down in the National,standards and specifications laid down in the National,State and District authority.State and District authority.

Carry out relief, rehabilitation, and reconstructionCarry out relief, rehabilitation, and reconstructionactivities in the effected areas.activities in the effected areas.

DM ACT,2005

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