India
Indian Parliament Passes Disaster Management Bill 2005
By Ministry of Home Affairs, India
Dec 12, 2005, 18:03

The Disaster Management Bill, 2005, which was passed by the Rajya Sabha on 28th November, 2005, was considered and passed by the Indian Lok Sabha (Parliament) today.

The Government decided to enact a central legislation on disaster management in the aftermath of the tsunami disaster on 26th December, 2004. The Bill was introduced in the Rajya Sabha on 11th May, 2005 when it was referred to the Parliamentary Standing Committee for examination and report. The Committee presented its report on 25th August, 2005. The necessary amendments in the Bill were proposed by the Government which were considered by the Rajya Sabha and the Bill was passed with the amendments on 28th November, 2005 and thereafter by the Lok Sabha today. The Bill will now be sent to the President for assent before it becomes a law.

The salient features of the Bill include setting up of a National Disaster Management Authority under the Chairmanship of the Prime Minister; State Disaster Management Authorities in the States/Union Territories under the chairmanship of Chief Minister or Lt. Governor or Administrator, as the case may be; and the District Disaster Management Authority under the District Magistrate in each district.

The National and State Authorities shall be responsible for laying down the policies, plans and guidelines for disaster management. The District Authority shall act as the district planning, coordination and implementing body for all disaster management related functions. These functions will include mitigation and preparedness measures also, besides response, relief and rehabilitation.

A key role has been assigned to the local authority for ensuring training of its officers and employees; maintenance of resources so that these are readily available for use in the event of a disaster and ensuring that all construction projects in their area of jurisdiction conform to the prescribed standards and specifications. The local authority shall also carry out relief, rehabilitation and re-construction activities in the affected areas.

The Bill also seeks to constitute a National Institute of Disaster Management which shall plan and promote training and research, documentation and development of national level information base relating to disaster management policies, prevention mechanism and mitigation measures. A National Disaster Response Force shall also be constituted for specialist response.

The Bill seeks to constitute Disaster Response Fund and Disaster Mitigation Fund at the National, State and District level. It mandates that there shall be no discrimination on the ground of sex, caste, community, descent or religion while providing compensation and relief to the victims. The powers to issue directions to the Government authorities, organizations and statutory bodies to facilitate and assist in disaster management have been vested in the Central Government. The Bill seeks to make provision for punishment for obstructing response, making false claims, mis-appropriation of money or materials and issue of false warning. However, it provides immunity to Government organizations and officers for action taken in good faith.

Pending enactment of the law, the Government have already constituted the National Disaster Management Authority under the Chairmanship of the Prime Minister with a Vice-Chairperson and five Members. The Authority has already been made functional.

With the enactment of the Disaster Management Bill, 2005, the Government have now put in place requisite institutional mechanism for drawing up and monitoring the implementation of the disaster management plans at all levels, ensuring measures by various wings of Government at National, State and District level for prevention and mitigating effects of disasters and for undertaking a holistic, coordinated and prompt response to any disaster situation. The enactment will facilitate effective steps for the mitigation of disasters, prepare for and coordinate a more effective response to handle disaster situations. The Bill seeks to put in place Government�s resolve to bring about a change in orientation from a relief-centric approach to a holistic multi-disciplinary and multi-sectoral approach with greater involvement of Panchayati Raj Institutions and Municipalities.

Keeping in view the federal polity, the Bill has been enacted under the Entry �Social Security and Social Insurance� in the Concurrent List of the Constitution of India since it will have the advantage to allow the State Governments also to have their own legislation.


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