The Disaster Management Amendment Bill 2024 was introduced in Lok Sabha by the Minister of State for Home seeking to amend the Disaster Management Act, 2005.
- The Bill aims to strengthen the working of the National Disaster Management Authority (NDMA) and the State Disaster Management Authorities
- Legal Provision: The Bill was introduced under Entry 23 in the Concurrent List (Social Security and insurance, employment and unemployment) and followed a report by a task force in 2013.
- The Statement of Objects and Reasons: To mainstream Disaster Management in the development plans, aligning with the recommendations of the Fifteenth Finance Commission, there is a need to amend the Disaster Management Act 2005.
- Need: The Amendment is necessary,
- To incorporate and institutionalise the learnings from past disasters, and experience gained in the implementation of the Disaster Management Act 2005 which is reviewed in consultation with all stakeholders including State governments.
- To bring more clarity and convergence in the roles of authorities and committees working in the field of disaster management.
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Key Provisions of The Disaster Management Amendment Bill 2024
- A Disaster Management Authority for Urban Areas: The Disaster Management Amendment Bill 2024 aims to create an Urban Disaster Management Authority for state capitals and large cities having Municipal Corporations except the union territories of Delhi and Chandigarh.
- Disaster Database: The bill seeks to create a disaster database at the national and state level.
- The Database will include Disaster assessment, fund allocation detail, expenditure, preparedness and mitigation plan, risk register as per risk assessment of its type and severity, etc as may be determined by the Central government.
- Decentralised Disaster plans: The Bill empowers the National Disaster Management Authority (NDMA) and the State Disaster Management Authorities (SDMA) to prepare the disaster plan at national level and State level respectively
- Earlier the plans were made by the National Executive Committee and the State Executive Committees.
- Stock-take of Disaster Risk: NDMA will be empowered to take stock of the entire range of disaster risks in the country periodically, including emerging disaster risks, including risks of those disasters which may occur in future due to extreme climate events and other factors.
- Statutory Status: The Bill also provides statutory status to certain pre-Act organisations like the National Crisis Management Committee and the High-Level Committee.
- State Response Force: It also has provisions for the constitution of the State Disaster Response Force by the state government.
- Section 60A: The section empower the Central and State governments to direct any person to take any action or refrain from taking any action for reducing the impact of a disaster and to impose a penalty not exceeding ₹10,000.
- Clarity and Convergence: The NDMA may also appoint experts and consultants as necessary to perform its functions, also the roles of Authorities and Committees are sought to be defined to strengthen the efficient working of the National Disaster Management Authority and the State Disaster Management Authorities.
- Immunity: The Bill seeks to provide immunity to officials involved in the disaster management from any legal proceedings while discharging functions.
- Jurisdiction: The Bill has limited the jurisdiction to the Supreme Court and High Courts to entertain any suits in respect of anything done in relation to its functions by this Act.
Concerns and Challenges
- Test of Constitutionality: The Bill is brought under Entry 23 of the Concurrent List of Seventh Schedule which deals with “social security and social insurance, employment and unemployment” and not Disaster Management, which does not find mention in the Seventh Sechedule.
The Administrative Reforms Commission’s 3rd Report titled ‘Crisis Management: from Despair to Hope’ has recommended a new entry, “Management of Disasters and Emergencies, natural or manmade” be included in List III (Concurrent List) of the Seventh Schedule of the Constitution.
- Multiplicity of Authorities: The Bill creates more authorities, and multiplicity of authority will give rise to confusion, the bureaucratic muddle should not hamper rescue and relief work.
- Example: Due to multiplicity of authority there is a conflict between the Kerala Chief Minister and the Home Minister regarding early warning in the context of Wayanad tragedy.
- Encroaching upon State Jurisdiction: The Bill overlapped with the legislative powers reserved for the States by granting excessive rulemaking power to the Central government through delegated legislation to make rules on specific matters, encroach upon the domain of State legislatures.
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The Disaster Management Act 2005
- The Disaster Management Act, 2005 lays down institutional, legal, financial and coordination mechanisms at the National, State, District and Local levels to manage Disasters in India.
- The Act contains 11 chapters and 79 sections
- Nodal Ministry: Ministry of Home Affairs overseeing the nation’s comprehensive disaster management.
- Objectives:
- To establish an efficient and decentralised disaster management system for the country at all levels (National, State, Districts) with corresponding Roles and Responsibilities.
- The Act deals with Disaster holistically from The Mitigation aspect (capacity building) to Risk Assessment and the Crisis Management aspect covering relief, rehabilitation, and response measures.
- National level Institutions:
Name
|
Members
|
Roles
|
| Cabinet Committee on Security (CCS) |
Prime Minister; Minister of Defence; Minister of Finance, Minister of Home Affairs, and Minister of External Affairs |
To oversee all aspects of preparedness, mitigation and management and Review risks of Chemical, Biological, Radiological and Nuclear (CBRN) emergencies and of disasters with security implications. |
| National Crisis Management Committee (NCMC) |
Cabinet Secretary/Chairperson Secretaries of Ministries /Departments and agencies with specific DM responsibilities |
- Oversee the Command, Control and Coordination of the disaster response.
- Give direction to the Crisis Management Group as deemed necessary
|
| National Disaster Management Authority (NDMA) |
- Prime Minister (Chairperson)
- Members (not exceeding nine nominated by the Chairperson)
|
- Lay down policies, plans and guidelines for disaster management
- Coordinate their enforcement and implementation
- Approve the National Disaster Management Plans and the DM plans of the respective Ministries and Departments of Government of India
- Lay down guidelines for disaster management to be followed by the different Central Ministries,/ Departments and the State Governments
|
| National Executive Committee (NEC) |
- Union Home Secretary (Chairperson)
- Members: Secretaries to the GOI in its Ministries/Departments
- Ex officio members: The Chief of the Integrated Defence Staff
- Special Invitees: Secretaries in the Ministry of External Affairs, Earth Sciences, Human Resource Development, Mines, Shipping, Road Transport and Highways.
|
To assist the NDMA in the discharge of its functions;
- Preparation of the National Plan.
- Coordinate and monitor the implementation of the National Policy
- Give Direction to make available to the NDMA or SDMAs such men, material or resources for the purpose of emergency response, rescue and relief.
- Coordinate with India Meteorological Department (IMD) and other Specialised scientific institutions constituting key early warning and monitoring agencies.
- Coordinate with Civil Defence volunteers, home guards and fire services, through the relevant administrative departments of the State Governments
|
| National Disaster Response Force
(NDRF) |
It is a specially trained force headed by a Director General
- It is structured like Para military forces for rapid deployment
|
Provide assistance to the relevant State Government/District Administration in the event of an imminent hazard event or in its aftermath |
August 2, 2024
