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Taxmann's Disaster Management Act 2005

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Law stated in this book is as updated till 1st December, 2025

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13.

CHAPTER III

14.

16.

17.

19.

CHAPTER IV

49. Allocation of funds by Ministries and Departments 44

50. Emergency procurement and accounting 44

CHAPTER X

OFFENCES AND PENALTIES

51. Punishment for obstruction, etc. 45

52. Punishment for false claim 47

53. Punishment for misappropriation of money or materials, etc. 47

54. Punishment for false warning 48

55. Offences by Departments of the Government 49

56. Failure of of cer in duty or his connivance at the contravention of the provisions of this Act 49

57. Penalty for contravention of any order regarding requisitioning 51

58. Offence by companies 51

59. Previous sanction for prosecution 53

60. Cognizance of offences 53

60A. Power of Central Government or State Government to take action in relation to nature of hazard and punishment for its contravention 54

CHAPTER XI

MISCELLANEOUS

61. Prohibition against discrimination

62. Power to issue direction by Central Government

63. Powers to be made available for rescue operations

64. Making or amending rules, etc., in certain circumstances

65. Power of requisition of resources, provisions, vehicles, etc., for rescue operations, etc.

66. Payment of compensation

67. Direction to media for communication of warnings, etc.

68. Authentication of orders or decisions

69. Delegation of powers

70. Annual report

71.

72.

73.

74.

75. Power of

76.

76A.

77.

78.

79.

DAM SAFETY ACT, 2021

CHAPTER I PRELIMINARY

1.

2.

3. Application

4. De nitions

CHAPTER II NATIONAL COMMITTEE ON DAM SAFETY

5. Constitution of National Committee

6. Functions of National Committee

7. Meetings of National Committee

CHAPTER III NATIONAL DAM SAFETY AUTHORITY

8. Establishment of National Dam Safety Authority

9. Functions of Authority

10. Of cers and Employees of Authority

CHAPTER IV

11. Constitution of State Committee on Dam Safety

12. Functions of State Committee

13. Meetings of State Committee

CHAPTER V

14. Establishment of State Dam Safety Organisation

15. Of cers and employees of State Dam Safety Organisation

CHAPTER VI

DUTIES

16. Surveillance and inspection

17. Vulnerability and hazard classi cation of

18. Maintenance of log books

19. Records of dam failures and dam incidents

20. Instructions on safety of speci ed dams

21. Funds for maintenance and repairs

22. Technical documentation

23. Quali cations and experience of individuals responsible for safety of speci ed dams

24. Jurisdiction of State Dam Safety Organisation and Authority

25. Cost of investigation

26. Construction or alteration of dams

27. Initial lling of reservoirs

28. Operation and maintenance

29. Responsibility of owner of speci ed

CHAPTER VII

32. Instrumentations to be installed in every speci ed dam 87

33. Establishment of hydro-meteorological station 87

34. Installations of seismological station 87

CHAPTER VIII

EMERGENCY ACTION PLAN AND DISASTER MANAGEMENT

35. Obligation of owner of speci ed dam 87

36. Emergency action plan 88

37. Assistance to other disaster management authorities 89

CHAPTER IX

COMPREHENSIVE DAM SAFETY EVALUATION

38. Comprehensive dam safety evaluation 89

39. Compulsory evaluation in certain cases 89

40. Reports of comprehensive evaluation 90

CHAPTER X OFFENCES AND PENALTIES

41. Punishment for obstruction, etc. 90

42. Offences by Departments of Government 92

43. Offence by companies 92

44. Cognizance of offences 94

CHAPTER XI MISCELLANEOUS

45. Annual report of safety status of speci ed dam 94

46. Safety measures in respect of dams other than speci ed dams 95

47. Safety measures in respect of dams located outside territory of India 95

48. Act to have overriding effect 95

49. Power to amend Schedules 95

50. Power of Central Government to give directions 95

51. Vacancies, etc., not to invalidate proceedings of National Committee on Dam Safety Authority and State Committee on Dam Safety 96

52. Power of Central Government to make rules 96

53. Power of State Government

54.

55. Rules and regulations to be laid before

56.

FIRST

SECOND SCHEDULE: Functions of

THIRD SCHEDULE:

SUBJECT

DISASTER MANAGEMENT NATIONAL EXECUTIVE COMMITTEE (PROCEDURE AND ALLOWANCES) RULES, 2006

1.

2.

3. Procedure to the followed by the National Executive Committee

4. Allowances to be paid to a person associated as an expert with a sub-committee of the National Executive Committee

DISASTER MANAGEMENT (TERM OF OFFICE

CONDITIONS OF

1.

2.

3.

5. Resignation

5A.

6. Vacancies

7. Allowances to be paid to a member of the Advisory Committee constituted by the National Authority

DISASTER MANAGEMENT (NATIONAL INSTITUTE OF DISASTER MANAGEMENT) RULES, 2006

1. Short title and commencement

2. De nitions

3. Composition of the institute

4. Filling up of

5. Meetings of the institute

6. Governing body of the institute

7. Executive Director of the

8. Powers and functions of the

DISASTER

MANAGEMENT (ANNUAL REPORT OF NATIONAL AUTHORITY) RULES, 2006

1.

2.

DISASTER

MANAGEMENT (NOTICE OF ALLEGED OFFENCE) RULES, 2007

1.

2.

3.

DISASTER MANAGEMENT (NATIONAL DISASTER RESPONSE FORCE) RULES, 2008

1.

3.

4. Superintendence, direction and control of Force

5. The responsibility, training, skill, duties, etc.

6. Conditions of service

NATIONAL INSTITUTE OF DISASTER MANAGEMENT REGULATIONS, 2006

1. Short title and commencement

2. De nitions

3. Composition of the institute and the governing body

4. Meetings of the institute

5. Transaction of business by circulation of papers

6. Recording of business

7. Delegation of functions to governing body or Executive Director

8. Term of of ce

9. Powers and functions of the governing body

10. Time and place of meeting of the governing body

11. Notice for meeting of governing body

12. Quorum

13. Presiding over the meetings of governing body

14. Transaction of business by circulation of papers

15. Voting

16. Recording of business

17. Allowances to the members of the institute and the governing body

18. Powers and functions of Executive

DISASTER MANAGEMENT NATIONAL CRISIS MANAGEMENT COMMITTEE (PROCEDURE) RULES, 2025

1. Short title and commencement

2. De nitions

3. Procedure to be followed by National Crisis Management Committee

DISASTER MANAGEMENT (REMOVAL OF DIFFICULTIES) ORDER, 2006

Disaster Management (Removal of Dif culties) Order, 2006 130

NOTIFICATIONS 131

SAMPLE CHAPTER

Disaster Management Act, 2005 [53

OF 2005]1

An Act to provide for the effective management of disasters and for matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Fifty-sixth Year of the Republic of India as follows:—

CHAPTER I PRELIMINARY

Short title, extent and commencement.

1. (1) This Act may be called the Disaster Management Act, 2005.

(2) It extends to the whole of India.

(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette appoint; and different dates2 may be appointed for different provisions of this Act and for different States, and any reference to com-

1. Dated 23-12-2005.

2. S.O. 1216(E), dated 28-7-2006.—In exercise of the powers conferred by sub-section (3) of section 1 of the Disaster Management Act, 2005 (53 of 2005), the Central Government hereby appoints the 28th day of July, 2006 as the date on which the provisions of sections 2, 3, 4, 5, 6, 8, 10, 75, 77 and 79 of the said Act shall come into force.

S.O. 1861(E), dated 30-10-2006.—In exercise of the powers conferred by sub-section (3) of section 1 of the Disaster Management Act, 2005 (53 of 2005), the Central Government hereby appoints the 30th day of October, 2006 as the date on which the provisions of sections 7, 9, 11, 12, 13, 35, 36, 37, 42, 43, 49, 50, sub-section (1) of section 70 and section 76 of the said Act shall come into force.

S.O. 722(E), dated 7-5-2007.—In exercise of the powers conferred by sub-section (3) of section 1 of the Disaster Management Act, 2005 (53 of 2005), the Central Government hereby appoints the 1st August, 2007 as the date on which the provisions of sections 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 38, 39, 40, 41, 48, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, sub-section (2) of section 70, sections 71, 72, 73, 74, 78 and 79 of the said Act shall come into force in the whole of India.

S.O. 517(E), dated 17-3-2008.—In exercise of the powers conferred by sub-section (3) of section 1 of the Disaster Management Act, 2005 (53 of 2005), the Central Government hereby appoints the 17th day of March, 2008 as the date on which the provisions of sections 44 and 45 of the said Act shall come into force.

(Contd. on page 2)

mencement in any provision of this Act in relation to any State shall be construed as a reference to the commencement of that provision in that State.

Definitions

32. In this Act, unless the context otherwise requires,—

(a) “affected area” means an area or part of the country affected by a disaster;

(b) “capacity-building” includes—

(i) identification of existing resources and resources to be acquired or created;

(ii) acquiring or creating resources identified under sub-clause (i);

(iii) organisation and training of personnel and coordination of such training for effective management of disasters;

(c) “Central Government” means the Ministry or Department of the Government of India having administrative control of disaster management;

(d) “disaster” means a catastrophe, mishap, calamity or grave occurrence in any area, arising from natural or man made causes, or by accident or negligence which results in substantial loss of life or human suffering or damage to, and destruction of, property, or damage to, or degradation of, environment, and is of such a nature or magnitude as to be beyond the coping capacity of the community of the affected area;

4[Explanation.—For the removal of doubts, it is hereby clari ed that the expression “man made causes” does not include any law and order related matter or situation, or any situation arising from a law and order related matter or situation;]

4[(da) “disaster database” means a database which includes disaster assessment, fund allocation detail, expenditure, preparedness and mitigation plan, risk register according to type and severity of risk and such other relevant matters, in accordance with such policy, as may be determined by the Central Government;]

(

e) “disaster management” means a continuous and integrated process of planning, organising, coordinating and implementing measures which are necessary or expedient for—

(Contd. from page 1)

S.O. 2397(E), dated 18-10-2011.—In exercise of the powers conferred by sub-section (3) of section 1 of the Disaster Management Act, 2005 (53 of 2005), the Central Government hereby appoints the 18th day of October, 2011 as the date on which the provisions of sub-section (1) and sub-section (2) of section 46 of the said Act shall come into force.

S.O. 564(E), dated 5-2-2021.—In exercise of the powers conferred by sub-section (3) of section 1 of the Disaster Management Act, 2005 (53 of 2005), the Central Government hereby appoints the 5th day of February, 2021 as the date on which the provisions of sub-section (1) of section 47 of the said Act shall come into force.

3. Enforced with effect from 28-7-2006.

4. Inserted by the Disaster Management (Amendment) Act, 2025, w.e.f. 9-4-2025.

(i) prevention of danger or threat of any disaster;

(ii) mitigation or reduction of risk of any disaster or its severity or consequences;

(iii) capacity-building;

(iv) preparedness to deal with any disaster;

(v) prompt response to any threatening disaster situation or disaster;

(vi) assessing the severity or magnitude of effects of any disaster;

(vii) evacuation, rescue and relief;

(viii) 5[rehabilitation, recovery and reconstruction];

6[Explanation.—For the purposes of this clause, the expression “disaster management” is inclusive of “disaster risk reduction”, that is, the practice of reducing disaster risk through systematic effort to analyse and manage the causal facts of disaster through—

(i) reduced exposure to hazard;

(ii) reduced vulnerability of people, infrastructure, economic activity, environmental and natural resource; and

(iii) improved preparedness, resilience and capacity to manage and respond to adverse event;]

6[(ea) “disaster risk” means the potential loss of life, injury, destroyed or damaged property, infrastructure and assets, economic and social disruption and environmental degradation, which could occur to a system, society or a community in a specific period of time, determined probabilistically as function of hazard, exposure, vulnerability and capacity.

Explanation.—For the purpose of this Act, expression “infrastructure” refers to physical structures, facilities, networks, systems and assets, which provide services that are essential to the social, ecological and economic functioning of a community or society;]

(f) “District Authority” means the District Disaster Management Authority constituted under sub-section (1) of section 25;

(g) “District Plan” means the plan for disaster management for the district prepared under section 31;

6[(ga) “evacuation” means moving people or assets temporarily to safer places before, during or after the occurrence of a hazardous event;

(gb) “exposure” means the situation of people, buildings, infrastructure, production capacities and other tangible human assets, the environment and natural resources located in hazard-prone areas.

5. Substituted for “rehabilitation and reconstruction” by the Disaster Management (Amendment) Act, 2025, w.e.f. 9-4-2025.

6. Inserted, ibid

DISASTER MANAGEMENT ACT 2005 –BARE ACT WITH SECTION NOTES

AUTHOR : Taxmann's Editorial Board

PUBLISHER : Taxmann

DATE OF PUBLICATION : January 2026

EDITION : 2026 Edition

ISBN NO : 9789371269988

NO. OF PAGES : 152

BINDING TYPE : Paperback

Rs. 195

DESCRIPTION

Disaster Management Act 2005 [Bare Act with Section Notes] by Taxmann is an authoritative statutory publication presenting India's core legal framework governing disaster prevention, mitigation, preparedness, response, recovery, and reconstruction. The Act establishes a coordinated, multi-tier disaster management system. It provides the statutory basis for national, state, district, and urban disaster management authorities, as well as enforceable emergency powers during disasters of national or regional importance. This 2026 Edition is updated to incorporate the Disaster Management (Amendment) Act 2025, reflecting the modern legal approach to disaster risk reduction, resilience, climate-linked risks, urban disaster governance, and structured recovery. The Bare Act is supplemented with precise section-wise explanatory notes to aid statutory interpretation and administrative application. This publication is essential for a wide range of professional, academic, and institutional users, including:

• Advocates & Legal Practitioners

• Judges & Judicial Officers

• Government Officials & Administrators at the Central, State, District, and Urban Levels

• Policy Makers & Regulators

• Disaster Management Professionals & Consultants

• Academicians, Researchers & Students

The Present Publication is the 2026 Edition, covering the amended and updated text of the Disaster Management Act [Act No. 53 of 2005] and Rules, with the following noteworthy features:

• [Comprehensive Text with Section Notes] Complete and updated statutory text supported by concise section-wise notes and case-law references

• [Updated Amendments] Incorporates all amendments up to date, including the Disaster Management (Amendment) Act 2025

• [Pre-amendment Provisions] Includes pre-amendment texts through statutory footnotes for historical and transitional reference

• [Allied Rules, Regulations & Orders] Consolidates all applicable rules, regulations, notifications, and removal of difficulties orders

• [Dam Safety Act 2021] Includes the complete text of the Dam Safety Act 2021, linking disaster management with infrastructure safety

• [Judicial Interpretations] Covers important judicial pronouncements clarifying statutory powers and limitations

• [Structured Indexing] Comprehensive subject index for efficient navigation and quick reference

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