What's Brewing

Ministry of Home Affairs introduced the Disaster Management (Amendment) Bill, 2024 (Bill) in Lok Sabha on 1st August 2024, to amend the existing Disaster Management Act of 2005 (Act), with the objective of enhancing the effectiveness of the response to disasters, not only at national level but also at state, district and local body levels. 

A look at key amendments proposed in the Bill:

i) Definition(s):  Certain definitions have been amended such as –

1. ‘Man made causes’ of a disaster shall not include any situation arising out of a law-and-order related matter.
2. Disaster Management shall include ‘disaster risk reduction’ which means reducing the risk of disaster through systematic efforts and analysis of the facts obtained from a disaster, leading to:
   – Reduced exposure to hazard
   – Reduced vulnerability of people, property and natural resources to hazard
   – Improved preparedness, resilience and capacity to manage and respond to hazard.

ii) Disaster Data Base

Compilation of a ‘Disaster Database’ both at the National and State(s) level. The comprehensive data compiled shall include assessment of potential disaster, plans for preparedness, requirement of funds, etc.

iii) National Disaster Management Authority (NDMA) 

Constitution: The nodal agency for disaster management that is headed by the Prime Minister as ex-officio Chairperson, shall have 9 members including Vice-Chairperson who shall be designated by Chairperson to execute all functions of the NDMA Chairperson in his absence.

Choice of members, appointment of additional experts and consultants to assist NDMA, their salaries, etc shall be decided by NDMA, subject to approval by the central government.

Functions: The functions of NDMA include (a) formulate policy (b) create a National Plan for: prevention of disaster, mitigation of its effects, preparedness and capacity building for response to disasters (c) provide guidelines, technical and administrative, to all central govt departments and all states to implement for management of disasters occurred and also ‘emerging disaster risks’ likely to occur (d) create a national ‘disaster database’ (e) provide relief measures and ex-gratia assistance to victims (f) create Advisory Committees at national, state and district levels comprising experts, to assist NDMA. 

Powers: The Bill proposes to empower the NDMA to carry out the functions hitherto handled only by National Institute of Disaster Management (NIDM) established by central govt under the Act of 2005, to develop training modules, conduct training programmes, undertake research work, create documentation, develop educational material for academic/professional courses in disaster management, formulate and implement comprehensive HRD plans on all aspects of  disaster management and assists NDMA and SDMAs in policy formulation.

iv) NEC & SEC as Nodal agencies

• In addition to the National Executive Committee (NEC) and State Executive Committees (SEC) created in the Act of 2005, the National Crisis Management Committee (NCMC) and High-Level Committee (HCL) created by central govt and already existing prior to this Bill shall continue as nodal agencies for implementing policies and plans of NDMA. NCMC, headed by Cabinet Secretary, shall be responsible for handling major disasters with serious ramifications. HLC shall be responsible for providing financial assistance to the states under the National Disaster Response Fund and National Disaster Mitigation Fund as provided in the Act of 2005.
• NEC shall be the nodal coordinating body for disaster management in all aspects including: response, mitigation, preparedness and logistical support both at national and as well as inter-state level.
• State Disaster Management Authority (SDMA) is the nodal agency for disaster management at individual state level, with the Chief Minister as the ex-officio Chairperson. It is responsible for formulating state-specific policy, plan and guidelines, within the policy and guidelines framework of NDMA. Like NEC, State Executive Committees (SEC) shall be created by individual state governments to assist the SDMAs. In addition to Chief Secretary (ex-officio Chairperson) and four Secretaries (also ex-officio), Director General of Police shall now be a member of SEC. SEC shall prepare and implement policy, plans & guidelines at 4 levels: state, district, urban and local body.

v) Powers to Central / State government(s)

• State governments shall be empowered to create separate Urban Disaster Management Authority (UDMA) for their capital cities and cities with municipal corporations
• On the lines of the National Disaster Response Force (NDRF), individual states shall now create their own State Disaster Response Force (SDRF).
• Central or state governments shall now be empowered to direct any person to act or refrain from acting if the action becomes necessary to reduce the impact of the disaster. Failure to comply shall be penalised.

With the increase in natural disasters due to climate change, there is need to strengthen monitoring and reporting infrastructure such as early warning systems and agencies to contain and provide relief. A fool proof legislation is the need of the hour. This Bill is a step in that direction.    

For full text of the Bill: 
https://prsindia.org/files/bills_acts/bills_parliament/2024/Disaster_Management_(Amendment)_Bill_2024.pdf