The Disaster Management (Amdt.) Bill, 2024

jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—24 REGISTERED NO. DL—(N)04/0007/2003—24 सी.जी.-डी.xएxलx.G-अI.D-0H10x8x2x024-255990 CG-DxxLx-EG-0I1D0E82x0x2x4-255990 vlk/kkj.k EXTRAORDINARY Hkkx II — [k.M 2 PART II—Section 2 izkf/kdkj ls izdkf'kr PUBLISHED BY AUTHORITY lañ 13] ubZ fnYyh] c`gLifrokj] vxLr 1] 2024@Jko.k 10] 1946 ¼'kd½ No. 13] NEW DELHI, THURSDAY, AUGUST 1, 2024/SRAVANA 10, 1946 (SAKA) bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA Separate paging is given to this Part in order that it may be filed as a separate compilation. LOK SABHA ———— The following Bill was introduced in Lok Sabha on 1st August, 2024:— Bill No. 98 of 2024 A Bill to amend the Disaster Management Act, 2005. BE it enacted by Parliament in the Seventy-fifth Year of the Republic of India as follows:— 1. (1) This Act may be called the Disaster Management (Amendment) Act, 2024. Short title and commencement. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.2 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— Amendment of 2.In section 2 of the Disaster Management Act, 2005 (hereinafter referred to 53 of 2005. section 2. as the principal Act),–– (i)in clause (d), the following Explanationshall be inserted, namely:–– ‘Explanation.––For the removal of doubts, it is hereby clarified 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;’; (ii)after clause (d), the following clause shall be inserted, namely:–– ‘(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;’; (iii)in clause (e),–– (a) in sub-clause (viii), for the words “rehabilitation and reconstruction”, the words “rehabilitation, recovery and reconstruction” shall be substituted; (b)the following Explanationshall be inserted, namely:–– ‘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, property, infrastructure, economic activity, environmental and natural resource; and (iii)improved preparedness, resilience and capacity to manage and respond to adverse event;’; (iv)after clause (e), the following clauseshall be inserted, namely:–– ‘(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 a function of hazard, exposure, vulnerability and capacity. Explanation.––For the purposes of this Act, the 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;’; (v)after clause (g), the following clauses shall be inserted, namely:–– ‘(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. Explanation.––For the purposes of this clause, the expression “hazard-prone areas” means those locations where different hazards are known to have occurred or likely to occur;Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 3 (gc) “hazard” means a process or phenomenon relating to a disaster that may cause— (a)loss of life; (b)injury or other health impacts; (c)damage to property, buildings and infrastructure; (d)social and economic disruption; or (e)environmental degradation; (gd) “High Level Committee” means the Committee constituted under section 8B;’; (vi) in clause (h), after the words “Zila Parishad”, the words “or Autonomous District Council” shall be inserted; (vii) in clause (i), after the word “situation”, the words “including the provisioning of disaster-resilient infrastructure” shall be inserted; (viii)after clause (j), the following clause shall be inserted, namely:–– ‘(ja) “National Crisis Management Committee” means the Committee constituted under section 8A;’; (ix)after clause (l), the following clause shall be inserted, namely:–– ‘(la) “National Policy” means a statement of guiding principles, and broad course of actions adopted by the Government at the national andstate level in pursuit of,–– (a)national objectives of reducing disaster risk and loss; (b)improving preparedness; and (c)ensuring resilient recovery from disaster;’; (x)for clause (m), the following clause shall be substituted, namely:–– ‘(m) “preparedness” means the knowledge and capacity of Government, response and recovery organisation, community and individual to anticipate, respond to and recover from threatening disaster situation or disaster;’; (xi)after clause (n), the following clause shall be inserted, namely:–– ‘(na) “prevention” means activity and measure to avoid potential adverse impact of disaster;’; (xii)for clause (o), the following clauses shall be substituted, namely:–– ‘(o) “reconstruction” means rebuilding and restoration of infrastructure, service, buildingand facility required for the functioning of a community affected by a disaster; (oa) “recovery” means the restoration or improvement of economic, physical, social, cultural and environmental assets, system and activity, of a disaster-affected community; (ob) “rehabilitation” means the restoration of basic service, facility and capacity for the functioning of a disaster-affected community; (oc) “resilience” means the ability of a system, community or society exposed to hazards to resist, absorb, respond to and recover from the effects of a hazard in a timely and efficient manner and the expression “resilient” shall be construed accordingly;’;4 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— (xiii)after clause (p), the following clause shall be inserted, namely:–– ‘(pa) “response” means the action taken directly before, during or after a disaster in order to save lives, reduce injury and health impact, ensure public safety and meet the basic subsistence needs of the people affected;’; (xiv)after clause (t), the following clauses shall be inserted, namely:–– ‘(u) “Urban Authority” means the Urban Disaster Management Authority constituted under sub-section (1) of section 41A; (v) “Urban Plan” means the plan for disaster management, prepared by the Urban Authority under sub-section (4) of section 41A; (w) “vulnerability” means the conditions determined by physical, social, economic and environmental factor or process which increase the susceptibility of an individual, a community, asset, infrastructure or system to the impact of hazard.’. Amendment of 3. In section 3 of the principal Act, after sub-section (3), the following section 3. sub-section shall be inserted, namely:–– “(3A) The day-to-day functions of the National Authority shall be performed by the Vice-Chairperson and in the absence of the Vice-Chairperson, by a member designated by the Chairperson or, as the case may be, the Vice-Chairperson, of the National Authority.”. Substitution of 4.For section 5 of the principal Act, the following section shall be substituted, new section for namely:–– section 5. Appointment of “5. (1) The National Authority may, with the previous approval of the officers and Central Government, specify the number, nature and category of officers and other employees other employees, as is necessary to carry out its functions. of National Authority. (2)The National Authority may also appoint experts and consultants as necessary to perform its functions. (3) The salaries and allowances payable to, and other terms and conditions of service ofofficers, other employees, experts and consultants of the National Authority, shall be such as may be prescribed by the Central Government.”. 5.In section 6 of the principal Act, in sub-section (2),–– Amendment of section 6. (i)for clause (b), the following clause shall be substituted, namely:–– “(b) coordinate the preparation and approval of the National Plan;”; (ii) inclause(i), after the words “take such other measures”, the words “which includes providing technical guidance to State Governments and State Authorities” shall be inserted; (iii)after clause (j), the following clauses shall be inserted, namely:–– ‘(k) coordinate and monitor the implementation of the National Policy; (l) lay down guidelines for preparing disaster management plan by different Ministries or Departments of the Central Government and the State Authorities; (m) provide necessary technical guidance to the State Governments and the State Authorities for preparing their disaster management plans in accordance with the guidelines laid down by it;Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 5 (n) provide necessary advice and technical guidance to different Ministries or Departments and agencies of the Government of India, and the State Governments regarding mitigation, preparedness, and recovery and reconstruction measures; (o) take stock of the entire range of disaster risks in the country periodically, including emerging disaster risks, and issue updated guidance for their mitigation. Explanation.––For the purposes of this clause, it is hereby clarified that the expression “emerging disaster risks” refer to risks of those disasters that may not have taken place, but may occur in future due to extreme climate events and other factors as may be determined by the National Authority; (p) plan and co-ordinate specialised training programmes for disaster management for different levels of officers, employees and voluntary rescue workers; (q)provide necessary technical guidance or give advice to the State Authorities, District Authorities and Urban Authorities for carrying out their functions under this Act; (r)promote general education and awareness in relation to disaster management; (s)monitor the implementation of the guidelines laid down by the National Authority for integrating disaster prevention and mitigation measures in the development plans and projects of Ministries or Departments of the Government of India; (t) undertake disaster preparedness assessment of each State periodically, in line with the National Plan and the guidelines laid down by it; (u)undertake in the aftermath of severe disaster in any State, post disaster audit of preparedness and response activities of the State; (v) create a national disaster database in accordance with such policy as may be determined by the Central Government; (w)recommend guidelines for the minimum standards of relief to be provided to persons affected by disaster, which may include,— (i) the minimum requirements to be provided in the relief camps in relation to shelter, food, drinking water, medical cover and sanitation; (ii)the special provision to be made for widows and orphans; (iii) ex gratia assistance on account of loss of life as also assistance on account of damage to houses and for restoration of means of livelihood; and (iv) such other reliefs as the National Authority may deem appropriate.’. 6.After section 8 of the principalAct, the following sections shall be inserted, Insertion of new sections 8A and namely:–– 8B. “8A. (1) The National Crisis Management Committee constituted by the National Crisis Government of India prior to the commencement of the Disaster Management Management Committee. (Amendment) Act, 2024, shall be the National Crisis Management Committee for the purposes of this Act and act as the nodal body to deal with the major disasters which have serious or national ramifications.6 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— (2) The National Crisis Management Committee referred to in sub-section (1) shall consist of the Cabinet Secretary as Chairperson and such other members as may be notified by the Central Government. (3)The Chairperson of the National Crisis Management Committee may invite any other officer of the Central Government or a State Government for taking part in any meeting of such Committee and shall exercise such powers and perform such functions as the Central Government may determine. (4) The procedure to be followed by the National Crisis Management Committee, in exercise of its powers and discharge of its functions, shall be such as may be prescribed by the Central Government. High Level 8B. (1) The High Level Committee constituted by the Government of Committee. India prior to the commencement of the Disaster Management (Amendment) Act, 2024, shall be the High Level Committee for the purposes of this Act which shall provide the financial assistance as envisaged under section 46 to the State Governments in the event of a disaster and approve the financial assistance for mitigation needs under section 47. (2)The High Level Committee referred toinsub-section (1) shall consist of the Minister in-charge of the Ministry or Department of the Central Government having administrative control over the disaster management as the Chairperson and such other members as may be notified by the Central Government.”. Amendment of 7. In section 10 of the principal Act, for sub-section (2), the following section 10. sub-section shall be substituted, namely:–– ‘(2) Without prejudice to the generality of the provisions contained in sub-section (1), the National Executive Committee may,–– (a)act as the coordinating body for disaster management; (b)monitor the implementation of the National Planand the plans prepared by the Ministries or Departments of theGovernmentofIndia; (c) monitor, coordinate and give directions regarding the mitigation and preparedness measures to be taken by different Ministries or Departments and agencies of the Government of India; (d) evaluate the preparedness at all governmental levels for the purpose of responding to any threatening disaster situation or disaster and provide necessary advice, where necessary, for enhancing such preparedness; (e) coordinate response in the event of any threatening disaster situation or disaster; (f) lay down guidelines, or give directions to, Ministries or Departments of the Government of India, the State Governments and the State Authorities concerned regarding measures to be taken by them in response to any threatening disaster situation or disaster; (g) require any Ministry or Department or agency of the Government to make available to the Central Government or State Government such men or material resources as are available with it for the purposes of emergency response, rescue and relief; (h) advise, assist and co-ordinate the activities of the Ministries or Departments of the Government of India, State Governments, statutory bodies, other governmental or non-governmental organisations and others engaged in disaster management;Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 7 (i) in the event of a disaster or a threatening disaster situation affecting more than one State, issue directions for:— (i)coordination between the States concerned; (ii)containment measures as deemed necessary; (iii) monitoring and forecasting the effects of the disaster across multiple States; (iv)deployment of specialised teams, material resources and equipment; (v) requisitioning of necessary resources and technical capacities from public and private entities and their deployment towards reducing the impact of the disaster; (vi)adequate public awareness measures; and (vii)coordination of support to individuals and communities affected by containment measures; and (j)perform such other functions as it may deem appropriate. Explanation.––For the purposes of this section, it is hereby clarified that the expression “containment measures” means the actions and strategies adopted at the individual, community, district, State, multi-State or national levels aimed at controlling or slowing the spread of a disaster from its initial focal area.’. 8.In section 11 of the principal Act,–– Amendment of section 11. (i) for sub-section (2), the following sub-section shall be substituted, namely:–– “(2) The National Authority shall coordinate, in consultation with the Central Government and the State Governments and other stakeholders in the field of disaster management, for preparation and approval of the National Plan having regard to the National Policy.”; (ii) for sub-section (4), the following sub-section shall be substituted, namely:–– “(4) The National Authority shall review the National Plan once in every three years and update at least once in every five years.”. 9.Sections 12 and 13 of the principalAct shall be omitted. Omission of sections 12 and 13. 10.In section 18 of the principal Act, in sub-section (2),–– Amendment of section 18. (i)for clause (b), the following clause shall be substituted, namely:–– “(b) co-ordinate the preparation, and approve the State Plan in accordance with the guidelines laid down by the National Authority;”; (ii)after clause (c), the following clause shall be inserted, namely:–– “(ca) approve the District Plan and Urban Plan, prepared by the District Authorities and Urban Authorities respectively, in accordance with the National Plan and State Plan;”; (iii)after clause (h), the following clauses shall be inserted, namely:–– “(i) take stock of the entire range of disaster risks in the State, periodically including emerging disaster risks, and take necessary measures for their mitigation; (j) coordinate and monitor the implementation of the National Policy, the National Plan and the State Plan;8 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— (k) lay down guidelines for preparation of disaster management plan by the Departments of the Government of the State, the District Authorities and the Urban Authorities; (l)promote general education, awareness and community training in regard to the forms of disasters to which different parts of the State are vulnerable and the measures that may be taken by such community to prevent the disaster, mitigate and respond to such disaster; (m) provide necessary technical assistance or give advice to the District Authorities, local authorities and Urban Authorities for carrying out their functions effectively; (n) provide information to the National Authority relating to different aspects of disaster management; (o)lay down guidelines for standards of relief to persons affected by disasters in the State: Provided that such standards shall in no case be less than the minimum standards in the guidelines laid down by the National Authority in this regard; (p) maintain the State disaster database and provide inputs to the National disaster database.”. Omission of 11.Section 19 of the principal Act shall be omitted. section 19. Amendment of 12.In section 20 of the principal Act, in sub-section (2), after clause (b), the section 20. following clause shall be inserted, namely:–– “(c) the Director General of Police of the State shall be member of the State Executive Committee, exofficio.”. Amendment of 13.In section 22 of the principal Act, in sub-section (2),–– section 22. (i)clauses (a) and (c) shall be omitted; (ii) in clause (d), for the words “and District Authorities”, the words “, the District Authorities and the Urban Authorities” shall be substituted; (iii)clause (i) shall be omitted; (iv) in clause (j), after the words “District Authorities”, the words “,Urban Authorities,”shall be inserted; (v)clause (k) shall be omitted; (vi) in clause (m), for the words “District Authority or the local authority”, the words “District Authority, Urban Authority or the local authority” shall be substituted; (vii)clause (n) shall be omitted. Amendment of 14.In section 23 of the principal Act,–– section 23. (i) for sub-section (2), the following sub-section shall be substituted, namely:–– “(2) The State Authority shall coordinate the preparation of the State Plan having regard to the National Plan and guidelines laid down by the National Authority, and in consultation with local authorities, District Authorities, Urban Authorities and the people’s representatives as the State Authority may deem fit.”; (ii) for sub-section (3), the following sub-section shall be substituted, namely:–– “(3) The State Plan shall be approved by the State Authority.”;Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 9 (iii) in sub-section (4), for clause (a), the following clause shall be substituted, namely:–– “(a) the exposure of different parts of the State to different hazards and vulnerability of its people, assets, infrastructure, livelihood andeconomic activity to those hazards;”; (iv) for sub-section (5), the following sub-section shall be substituted, namely:–– “(5) The State Authority shall review the State Plan once in every three years and update atleast once ineveryfive years.”. 15. In section 24 of the principal Act, in clause (e), after the words “any Amendment of District Authority”, the words “, any Urban Authority” shall be inserted. section 24. 16. In section 25 of the principal Act, in sub-section (2), for clause (f), the Amendment of following clause shall be substituted, namely:–– section 25. “(f) not exceeding two other Members to be appointed by the State Government who may be taken from other district level officers, disaster management experts and civil society organisation.”. 17. In section 31 of the principal Act, in sub-section (4), for the word Amendment of “annually”, the words “at least once in every two years or earlier as necessary” section 31. shall be substituted. 18.In section 35 of the principal Act, in sub-section (2),–– Amendment of section 35. (i) in clause (a), for the words “coordination of actions”, the words “coordinate and monitor actions” shall be substituted; (ii)clauses (b) and (d) shall be omitted; (iii)after clause (h),the following clause shall be inserted, namely:–– “(ha) notify the Ministries or Departments of the Government of India which shall have the responsibility for monitoring, early warning, prevention, mitigation, preparedness and capacity building with regard to disasters arising from various hazards;”. 19.In section 36 of the principal Act,–– Amendment of section 36. (i)for clause (f), the following clause shall be substituted, namely:–– “(f) provide assistance to the National Authority and State Government for drawing up mitigation, preparedness and response plans, capacity building, data collection and identification and training of personnel in relation to disaster management;”; (ii)in clause (g), after sub-clause (v), the following sub-clauses shall be inserted, namely:–– “(vi) carrying out rescue and relief operations in the affected area; (vii)assessing the damage from any disaster; and (viii)carrying out the rehabilitation and re-construction;”. 20.In section 38 of the principal Act, in sub-section (2),–– Amendment of section 38. (i)in clause (a),–– (a) after the words “District Authorities”, the words “, Urban Authorities” shall be inserted; (b) for the words “local authority”, the words “local authorities” shall be substituted;10 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— (ii) in clause (b), for the words “and the District Authorities”, the words “the District Authorities and the Urban Authorities” shall be substituted; (iii) in clause (d), for the words “and the District Plans”, the words “, the District Plans and the Urban Plans” shall be substituted; (iv)in clause (i), for the words “and the District Authorities”, the words “, the District Authorities and the Urban Authorities” shall be substituted; (v)after clause (i), the following clause shall be inserted, namely:–– “(ia) notify State-specific hazard-wise nodal Departments, which shall have the responsibility for monitoring, early warning, prevention, mitigation, preparedness and capacity building with regard to disasters arising from those State-specific hazards;”; (vi) in clause (j), for the words “or the District Authorities”, the words “, the District Authorities or the Urban Authorities” shall be substituted; (vii)for clause (k), the following clause shall be substituted, namely:–– “(k) provide recovery and reconstruction assistance to the victims of any disaster; and”. Amendment of 21.In section 39 of the principal Act,–– section 39. (a) in clause (f), for the words “and District Authorities”, the words “District Authorities and Urban Authorities” shall be substituted; (b) in clause (g), after the words “authorities at the district level”, the words “and the Urban Plan by the Urban Authorities” shall be inserted; (c) in clause (h), after the words “District Authorities”, the words “or the Urban Authorities” shall be inserted. Amendment of 22.In section 41 of the principal Act, in sub-section (1), after clause (d), the section 41. following clause shall be inserted, namely:–– “(e) prepare a disaster management plan as referred to in section 32.”. Insertion of new 23. After section 41 of the principal Act, the following section shall be section 41A. inserted, namely:–– Urban Disaster ‘41A. (1) The State Government may, by notification in the Official Management Gazette, constitute a separate Urban Disaster Management Authority for Authority. their State capitals and all cities having a Municipal Corporation, except for the National Capital Territory of Delhi and Union territory of Chandigarh. (2)The Urban Authority constituted under sub-section (1) shall consist of the following, namely:–– (i)the Municipal Commissioner—Chairperson, ex officio; (ii) the District Collector of the District concerned—Vice Chairperson, exofficio; and (iii) such other members, with such pay and allowances as may be determined by the State Government—members. (3) The Urban Authority may have a separate Secretariat at such place in the district as may be determined by the State Government. (4) The Urban Authority shall be responsible for preparation of Urban Plan, which shall be approved by the State Authority. (5) The Urban Authority shall be responsible for coordinating the implementation of the Urban Plan.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 11 (6) The other functions and powers and such other matters relating to the Urban Authority shall be such as may be prescribed by the State Government. Explanation.––For the purposes of this section, the expression “Municipal Corporation” means a Municipal Corporation as referred to in clause (c) of article 243Q of the Constitution.’. 24. For section 43 of the principal Act, the following section shall be Substitution of substituted, namely:— new section for section 43. “43. (1) The Central Government shall provide the National Institute of Officers, employees, Disaster Management with such officers, other employees and consultants, experts and as it considers necessary, for carrying out its functions. consultants of National (2) The National Institute may recruit experts as per norms approved Institute. by the Central Government to perform such functions as provided in sub-section (9) of section 42. (3) The salaries, allowances payable to officers and employees and the other terms and conditions of their service shall be such as may be prescribed.”. 25. In Chapter VIII of the principal Act, for the heading, the heading Amendment of Chapter VIII. “DISASTER RESPONSEFORCE” shall be substituted. 26. After section 44 of the principal Act, the following section shall be Insertion of new section 44A. inserted, namely:–– “44A. (1) The State Government may, by notification in the Official State Disaster Response Force. Gazette, constitute a State Disaster Response Force for the purpose of specialist response to a threatening disaster situation or disaster. (2) Subject to the provisions of this Act, the State Disaster Response Force shall be constituted in such manner, with such functions and the terms and conditions of service of the members of such Force shall be such as may be prescribed by the State Government concerned.”. Amendment of 27.In section 46 of the principal Act,–– section 46. (i) in sub-section (1), for the words “for meeting any threatening disaster situation or disaster”, the words “for meeting different aspects of disaster management” shall be substituted; (ii) for sub-section (2), the following sub-section shall be substituted, namely:–– “(2) The Fund constituted under sub-section (1), shall be applied in accordance with the guidelines laid down by the Central Government in consultation with the National Authority.”. Amendment of 28.In section 47 of the principal Act,–– section 47. (i) in sub-section (1), for the words “for projects exclusively for the purpose of mitigation”, the words “for meeting disaster mitigation needs” shall be substituted; (ii) for sub-section (2), the following sub-section shall be substituted, namely:–– “(2) The Fund constituted under sub-section (1), shall be applied in accordance with the guidelines laid down by the Central Government in consultation with the National Authority.”. Amendment of 29. In section 48 of the principal Act, for sub-section (2), the following section 48. sub-section shall be substituted, namely:––12 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— “(2) The State Government shall ensure that the funds established–– (i)under clauses (a) and (c) of sub-section (1) are available to the State Executive Committee and the State Authority respectively and are applied as per the guidelines issued by the Central Government in consultation with the National Authority; (ii) under clauses (b) and (d) of sub-section (1) are available to the District Authority.”. Amendment of 30.In section 50 of the principal Act,— section 50. (i) in the opening portion, after the words “or the District Authority”, the words “or the Urban Authority” shall be inserted; (ii) in clause (b), after the words “or District Authority”, the words “or Urban Authority” shall be inserted. Amendment of 31.In section 51 of the principal Act,–– section 51. (i) in clause (a), after the words “or District Authority”, the words “or Urban Authority” shall be inserted; (ii) in clause (b), after the words “or the District Authority”, the words “or the Urban Authority” shall be inserted. Amendment of 32. In section 52 of the principal Act, for the words “or the District section 52. Authority”, the words “, the District Authority or the Urban Authority” shall be substituted. Amendment of 33. Section 56 of the principal Act shall be numbered as sub-section (1) section 56. thereof, and after sub-section (1) as so numbered, the following sub-section shall be inserted, namely:–– “(2) Notwithstanding any action under sub-section (1), it shall be lawful for the State Government on its own or on the directions given by the Central Government to take such disciplinary action under the relevant rules, against any officer who ceases or refuses to perform or withdraws himself from the duties of his office or on grounds of insubordination or dereliction of duty during a disaster: Provided that the action taken by the State Government shall not be inconsistent with the directions given by the Central Government.”. Amendment of 34.In section 59 of the principal Act, for the word and figures “and 56”, the section 59. words, brackets and figures “and sub-section (1) of section 56” shall be substituted. Amendment of 35. In section 60 of the principal Act, in clause (a) and clause (b), after the section 60. words “the District Authority”, the words “, the Urban Authority” shall be inserted. Insertion of new 36. After section 60 of the principal Act, the following section shall be section 60A. inserted, namely:— Power of Central “60A.(1) The Central Government or the State Government may, by Government or notification in the Official Gazette, require any person to take any action or State refrain from taking any action, in relation to the nature of the hazard, which Government to take action in in the opinion of the Central Government or the State Government, as the relation to nature case may be, is required for reducing the impact of a disaster. of hazard and punishment for its contravention.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 13 (2)Any notification issued under this section shall be valid for a period specified therein or six months, whichever is earlier. (3) Whoever contravenes the provisions of this section shall be liable to pay a penalty as specified in the notification of the Central Government or the State Government, as the case may be: Provided that the penalty referred to in this sub-section shall not exceed ten thousand rupees.”. 37.In section 61 of the principal Act, the words “compensation and” shall be Amendment of section 61. omitted. 38.In section 63 of the principal Act, after the words “or District Authority”, Amendment of the words “or Urban Authority” shall be inserted. section 63. 39. In section 64 of the principal Act, after the words “or the District Amendment of section 64. Authority”, the words “or the Urban Authority” shall be inserted. Amendment of 40.In section 65 of the principal Act,–– section 65. (i) in sub-section (1), in the opening portion, after the words “or District Authority”, the words “or Urban Authority” shall be inserted; (ii) in sub-section (3), for clause (a), the following clause shall be substituted, namely:–– “(a) “resources” includes human and material resources, and equipment;”. 41.In section 67 of the principal Act, for the words “or a District Authority”, Amendment of section 67. the words “, a District Authority or an Urban Authority” shall be substituted. 42. In section 68 of the principal Act, for the words “or the District Amendment of Authority” occurring at both the places, the words “, a District Authority or an section 68. Urban Authority” shall be substituted. 43. In section 69 of the principal Act, after the words “State Executive Amendment of section 69. Committee”, the words “National Authority, State Authority, District Authority or Urban Authority” shall be inserted. 44. In section 71 of the principal Act, for the words “or District Authority”, Amendment of section 71. the words “, District Authority or Urban Authority” shall be substituted. 45.In section 73 of the principal Act, after the words “the District Authority” Amendment of section 73. occurring at both the places, the words “or the Urban Authority” shall be inserted. 46. In section 74 of the principal Act, for the words “or District Authority”, Amendment of section 74. the words “, District Authority or Urban Authority” shall be substituted. 47.In section 75 of the principal Act, in sub-section (2),–– Amendment of section 75. (i)after clause (a), the following clause shall be inserted, namely:–– “(aa) the salaries, allowances and other terms and conditions of service of officers, other employees, experts and consultants of the National Authority under sub-section (3) of section 5;”; (ii)after clause (c), the following clause shall be inserted, namely:–– “(ca) the procedure to be followed by the National Crisis Management Committee in exercise of its powers and discharging of its functions under sub-section (4) of section 8A;”; (iii)after clause (e), the following clause shall be inserted, namely:— “(ea) the salaries, allowances and the other terms and conditions of service of officers and other employees of the National Institute under sub-section (3) of section 43;”.14 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— Insertion of new 48. After section 76 of the principal Act, the following section shall be section 76A. inserted, namely:–– Power of “76A. Without prejudice to the provisions of section 76, the National National Authority, with the previous approval of the Central Government may, by Authority to notification in the Official Gazette, make regulations, other than regulations make regulations. made under section 76, consistent with the provisions of this Act and the rules made thereunder to carry out the purposes of this Act.”. Amendment of 49. In section 77 of the principal Act, after the words “National Institute of section 77. Disaster Management”, the words “and the National Authority” shall be inserted. Amendment of 50. In section 78 of the principal Act, in sub-section (2), after clause (f), the section 78. following clauses shall be inserted, namely:–– “(fa) the powers, functions and other matters relating to Urban Authority under sub-section (6) of section 41A; (fb) the manner of constitution of State Disaster Response Force, its functions and the terms and conditions of service of members of such Force under sub-section (2) of section 44A;”. 51. In section 79 of the principal Act, after sub-section (1) and the proviso Amendment of section 79. thereunder, the following sub-section shall be inserted, namely:— “(1A) Notwithstanding anything contained in sub-section (1), if any difficulty arises in giving effect to the provisions of this Act as amended by the Disaster Management (Amendment) Act, 2024, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as may appear to it to be necessaryor expedientfor removing the difficulty: Provided that no such order shall be made under this sub-section after the expiry of a period of three years from the date of commencement of the Disaster Management (Amendment) Act, 2024.”.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 15 STATEMENT OF OBJECTS AND REASONS The Disaster Management Act, 2005 (the Act) was enacted to provide for the effective management of disasters and for matters connected therewith or incidental thereto. 2. The main purpose of the Act was to put in place necessary institutional mechanisms for drawing up and monitoring the implementation of disaster management plans, ensuring measures by various wings of Government for prevention of and mitigating the effects of disasters and for undertaking a holistic, coordinated and prompt response to any disaster or threatening disaster situation. 3. For achieving the said purpose, certain Authorities and Committees were established at the national level, state level and District level. In addition, the Act enumerated the measures to be taken up by the Ministries and Departments of the Government of India and mandated that every Ministry or Department would carry out the nodal responsibilities in respect of disaster management. 4. Due to the constant endeavour of the Central Government for mainstreaming the Disaster Management in the development plans, aligning with the recommendations of the Fifteenth Finance Commission, learnings from past disasters, and experience gainedduring the implementation of the Act, the Disaster Management Act, 2005 has been reviewed in consultation with all stakeholders including State Governments. 5. In view of above, it has become necessary to amend certain provisions of the Act in the form of a Bill, namely, the Disaster Management (Amendment) Bill, 2024 which, inter alia, provides for the following, namely:— (i)to bring more clarity and convergence in the roles of Authorities and Committees working in the field of disaster management; (ii) to provide statutory status to certain pre-Act organisations like the National Crisis Management Committee and the High Level Committee; (iii) to strengthen the efficient working of the National Disaster Management Authority and the State Disaster Management Authorities; (iv) to empower the National Disaster Management Authority and the State Disaster Management Authorities to prepare the disaster plan at national level and state level instead of the National Executive Committee and the State Executive Committee; (v) to provide for creation of disaster database at national and state level; (vi)to make provision for constitution of “Urban Disaster Management Authority” for State Capital and large cities having Municipal Corporation; and (vii) to make provision for constitution of “State Disaster Response Force” by the State Government. 6.The Notes on Clauses explain in detail the various provisions contained in the Bill. 7. The Bill seeks to achieve the above objectives. NEWDELHI; AMIT SHAH. The30thJuly, 2024.16 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— Notes on Clauses Clause1 of the Bill seeks to provide for short title and commencement of the proposed legislation. Clause 2 of the Bill seeks to modify and substitute some definitions and incorporate new definitions in section 2, such as disaster risk, evacuation, Exposure, recovery, rehabilitation, resilience, Urban Authority, etc. Clause 3 of the Bill seeks to insert a new sub-section (3A) in section 3 to authorise the Vice-Chairperson or any Member of the National Authority to perform the day-to-day functions of the Authority. Clause 4 of the Bill seeks to substitute section 5 related to appointment of officers, other employees, consultants and experts and to empower the Central Government to make rules with respect to their terms and conditions of service. Clause 5 of the Bill seeks to substitute clause (b) in sub-section (2) of section 6 for assigning the function of coordination of preparation of National Plan to the National Authority; to modify clause (i) in sub-section (2) of section 6 to bring more clarity on the type of measures to be taken by the National Authority under this clause; and to insert new clausesfrom (k) to (w) in sub-section (2) in section 6 to bring more clarity on roles of National Authority, by assigning policy, plans and guidelines related functions of National Executive Committee and to assign new functions to the National Authority. Clause 6 of the Bill seeks to insert new section 8A in section 8, to bring the existing National Crisis Management Committee, a nodal body to deal with major disasters, under the Act and to insert a new section 8B, to bring the existing High Level Committee under the Act, for approval of financial assistance. Clause7 of the Bill seeks to substitute sub-section (2) in section 10, to bring more clarity on roles of National Executive Committee, by retaining coordination and response related functions and assigning new functions to it in case of disasters or threatening disaster situation affecting more than one State. Clause8 of the Bill seeks to substitute sub-section (2) in section 11 to make provision that the National Authority will coordinate the preparation of the National Plan and approve it; and to modify sub-section (4) in section 11 to make the review and updation of National Plan, every three years and at least once in five years respectively. Clause 9 of the Bill seeks to omit sections 12 and 13 related to “Guidelines for minimum standards of relief” and “Relief in loan repayment etc.” respectively. Clause 10 of the Bill seeks to modify clause (b) in sub-section (2) of section 18 for assigning the function of coordination of preparation of State Plan to the State Authority; to insert new clause (ca) in sub-section (2) of section 18, for assigning the role of approval of District Plan and Urban Plan, prepared by the District Authorities and Urban Authorities respectively, to State Authority; and to insert new clauses (i) to (p) in sub-section (2) of section 18 by assigning policy, plans and guidelines related functions of State Executive Committee and to assign new functions to State Authority. Clause 11 of the Bill seeks to omit section 19 related to “Guidelines for minimum standards of relief by State Authority”. Clause 12 of the Bill seeks to insert new clause (c) in sub-section (2) of section 20 making Director General of Police of the State a member of State Executive Committee, ex officio.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 17 Clause 13 of the Bill seeks to omit clauses (a), (c), (i), (k) and (n) in sub-section (2) of section 22, as these functions have been transferred to the State Authority; and to insert certain words related to Urban Authority in clauses (d), (j) and (m) of sub-section (2) of section 22. Clause14 of the Bill seeks to substitute sub-sections (2) and (3) of section 23, for assigning the coordination, preparation and approval of State Plan to the State Authority; to substitute clause (a) under sub-section (4) in section 23, for including hazard and vulnerability profile of different parts of the State in the State Plan; and to substitute sub-section (5) of section 23 to make the review and updationof State Plan, every three years and at least once in five years. Clause15 of the Bill seeks to insert the words “any Urban Authority” after the words “any District Authority” in clause (e) of section 24 and this amendment is consequential in nature. Clause17 of the Bill seeks to modify sub-section (4) of section 31, in order to make the periodicity of revision of District Plan at least once in two years or earlier, if necessary. Clause 18 of the Bill seeks to modify clause (a) of sub-section (2) of section 35; to omit clauses (b) and (d) under sub-section (2) of section 35, as these functions are covered under section 10 (2) (c) and (d); and to insert new clause (ha) in sub-section (2) of section 35, to notify the Ministries or Departments of the Government of India for assigning responsibility for monitoring, early warning etc. of various hazards. Clause 19 of the Bill seeks to substitute clause (f) of section 36 to clearly demarcate the functions of National Disaster Management Authority and National Executive Committee; and to insert new clauses (vi), (vii) & (viii) after sub-clause (v) in clause (g) of section 36, by shifting certain responsibilities of Ministries or Department of Government of India towards the National Executive Committee. Clause 20 of the Bill seeks, inter-alia, to insert new clause (ia) in sub-section (2) of section 38, to notify State-specific hazard wise nodal Departments for assigning responsibility for monitoring, early warning etc. for State specific hazards; and to substitute the existing clause (k) in sub-section (2) in section 38, to change “rehabilitation and reconstruction assistance” to “recovery and reconstruction assistance”. Clause21 of the Bill seeks, inter-alia, to insert the words “Urban Authorities” in clauses (f), (g) and (h) of section 39 and this amendment is consequential in nature. Clause 22 of the Bill seeks to insert new clause in sub-section (1) after clause (d) of section 41, to assign functions regarding preparation of disaster management plan to Urban Authority. Clause 23 of the Bill seeks to insert new section 41A to enable State Governments to constitute Urban Disaster Management Authority for State capitals and cities having Municipal Corporation, with its composition, functions and enabling provision for its Secretariat other than National Capital Territory of Delhi and Union territory of Chandigarh. Clause 24 of the Bill seeks to substitute section 43 relating to “Officers, employees, experts and consultants of National Institute of Disaster Management and to empower the Central Government to prescribe their terms and conditions of service. Clause25 of the Bill seeks to amend the heading of Chapter VIII to “DISASTER RESPONSE FORCE”.18 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— Clause 26 of the Bill seeks to insert new section 44A to enable State Government to constitute the State Disaster Response Force for strengthening disaster response capability of States. Clause 27 of the Bill seeks to substitute certain words in sub-section (1) of section 46 related to constitution of National Disaster Response Fund by the Central Government for meeting different aspects of disaster management; and further to substitute sub-section (2) in section 46 to reflect the role of the laid down guidelines in application of Response Fund. Clause 28 of the Bill seeks to substitute certain words in sub-section (1) of section 47 related to disaster mitigation needs; and further to substitute sub-section (2) in section 47 to reflect the roleof the laid guidelines in application of Mitigation Fund. Clause29 of the Bill seeks to substitute sub-section (2) of section 48 to reflect the role of laid guidelines by the Central Government in application of State Disaster Response Fund and State Disaster Mitigation Fund. Clause30 of the Bill seeks to insert the words “or Urban Authority” after the words “or the District Authority” in section 50 and the said amendment is consequential in nature. Clause31 of the Bill seeks to insert the words “or Urban Authority” after the words “or the District Authority” in clauses (a) and (b) of section 51 and the said amendment is consequential in nature. Clause 32 of the Bill seeks to substitute certain words with the words “the District Authority or the Urban Authority” in section 52 and the said amendment is consequential in nature. Clause 33 of the Bill seeks to re-number section 56 as sub-section (1) of section 56; and further to insert sub-section (2) in section 56, to empower the State Government, on its own or on the directions given by the Central Government, to take such disciplinary action against any officer on grounds of insubordination or dereliction of duty etc. during a disaster, with a provision that action taken by the State Government shall not beinconsistent with the directions given by the Central Government in this regard. Clause34 of the Bill seeks to substitute the figures “56” with “sub-section (1) of section 56” and the said amendment is consequential in nature. Clause35 of the Bill seeksto insert the words “the Urban Authority” after the words “the District Authority” in clause (a) and clause (b) of section 60 and the said amendment is consequential in nature. Clause36 of the Bill seeks to insert a new section 60A to empower the Central and the 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 ten thousand rupees. Clause37 of the Bill seeks to omit the word "compensation" in section 61, as the Governments provide only relief and not compensation to the victims of disasters. Clause38 of the Bill seeks to insert the words “or Urban Authority” after the words “or District Authority” in section 63 and the said amendment is consequential in nature. Clause39 of the Bill seeks to insert the words “or the Urban Authority” after the words “or the District Authority” in section 64 and the said amendment is consequential in nature.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 19 Clause40 of the Bill seeks to insert the words “or Urban Authority” after the words “or District Authority” in sub-section (1) of section 65; and to modify clause (a) of sub-section (3) of that section to include human and material resources and equipment. Clause41 of the Bill seeks to substitute the words “, a District Authority or an Urban Authority” for the words “or a District Authority” in section 67 and the said amendment is consequential in nature. Clause42 of the Bill seeks to substitute the words “, a District Authority or an Urban Authority” for the words “or the District Authority” occurring at both places in section 68 and the said amendment is consequential in nature. Clause 43 of the Bill seeks to insert the words “National Authority, State Authority, District Authority, Urban Authority” after the words “State Executive Committee” in section 69 to enable them to delegate power to their Chairperson. Clause 44 of the Bill seeks to substitute the words “, District Authority or Urban Authority” for the words “or District Authority” in section 71 and the said amendment is consequential in nature. Clause45 of the Bill seeks to insert the words “or the Urban Authority” after the words “the District Authority” occurring at both places in section 73 and the said amendment is consequential in nature. Clause 46 of the Bill seeks to substitute the words “, District Authority or Urban Authority” for the words “or District Authority” in section 74 and the said amendment is consequential in nature. Clause 47 of the Bill empowers the Central Government to make rules in certain matters. Clause 48 of the Bill seeks to insert a new section 76A to empower the National Authority also to make regulations. Clause49 of the Bill seeks to insert the words “and by the National Authority” after the words “National Institute of Disaster Management” in section 77 for laying the regulations made by the National Authority in Parliament. Clause 50 of the Bill seeks to empower the State Government to make rules in certain matters. Clause51 of the Bill seeks to amend section 79 related to “Power to removal of difficulties”.20 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— FINANCIAL MEMORANDUM TO THE DISASTER MANAGEMENT (AMENDMENT) BILL, 2024 The Bill seeks to amend the Disaster Management Act, 2005. The National Disaster Management Authority (NDMA) and National Institute of Disaster Management (NIDM) which have been set up under the Disaster Management Act, 2005 are already in existence. The expenditure of these bodies is met from yearly Government Budgetary Support. 2. The provisions regarding salaries and allowances payable to the officers, other employees and consultants of NDMA and NIDM are already in place under the Disaster Management Act, 2005 and these provisions are slightly modified without any substantive change. These provisions may result in expenditure in the discharge of statutory functions of the Government in regular course of business, which would be met from yearly budgetary support. However, any financial implication at this stage is not quantifiable. 3. The expenditure for NDMA and NIDM constituted as statutory bodies under the Disaster Management Act, 2005 would continue to be met from the yearly Budgetary Support. The Budget allocation for financial year 2024-25 of NDMA and NIDM is Rs 149.07 crore. Rs. 86.24 crore under Revenue Head, Rs. 52.37 crore under the Capital Head and Rs. 10.46 crore under Schemes.Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 21 MEMORANDUM REGARDING DELEGATED LEGISLATION Section 75 of the Disaster Management Act, 2005 empowers the Central Government to make rules consistent with the provisions of the Act for carrying out the provisions of the Act. It is proposed to amend the said section [clause 47 of the Disaster Management (Amendment) Bill, 2024], so as to make rules in the following matters, namely:— (a)the salaries, allowances and other terms and conditions of service of officers, other employees, experts and consultants of the National Authority under sub-section (3) of section 5; (b) the procedure to be followed by the National Crisis Management Committee in exercise of its powers and discharging of its functions under sub-section (4) of section 8A; (c)the salaries, allowances and the other terms and conditions of service of officers and other employees of the National Institute under sub-section (3) of section 43. 2. It is proposed to insert a new section 76A in the Act vide clause 48 of the Bill empowering the National Authority also to make regulations consistent with the provisions of this Act and the rules made thereunder to carry out the purposes of this Act. 3. Section 78 of the Disaster Management Act, 2005 empowers the State Governments to make rules consistent with the provisions of the Act for carrying out the provisions of the Act. It is proposed to amend the said section [clause 50 of the Disaster Management (Amendment) Bill, 2024], so as to make rules in the following matters, namely:— (a)the powers, functions and other matters relating to Urban Authority under sub-section (6) of section 41A; (b)the manner of constitution of State Disaster Response Force and the terms and conditions of service of Members of such Force under sub-section (2) of section 44A. 4. The matters in respect of which rules or regulations may be made are matters of procedure and administrative detail and it is not practicable to provide for them in the Bill itself. The delegation of legislative power is,therefore, of a normal character. UTPAL KUMAR SINGH Secretary General UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002 AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054. MGIPMRND—199GI(S3)—1-8-2024.