Recently, the Union Government introduced Disaster Management (Amendment) Bill, 2024 in Lok Sabha to amend Disaster Management Act, 2005.
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Disaster Management (DM) Act, 2005 was enacted to provide for effective management of disasters and for matters connected therewith.
The Bill aims to mainstream disaster management in development plans, aligning with recommendations of 15th Finance Commission.
Amendment Bill will bring more clarity and convergence in roles of authorities and committees.
Comparisons of Bill and DM Act 2005:
Provisions
DM Act, 2005
DM (Amendment) Bill, 2024
Preparation of DM plans
National Executive Committee and State Executive Committee prepare national and state DM plans, respectively.
National Disaster Management Authority (NDMA) and State Disaster Management Authority (SDMA) will prepare DM plans.
Functions of NDMA and SDMAat their respective levels
Reviewing DM plans of government departments,
Setting guidelines for preparation of DM plans for authorities below them, and
Recommending provision of funds for disaster mitigation.
Bill adds new functions for these authorities
Taking periodic stock of disaster risks.
Providing technical assistance to authorities.
Recommending guidelines for minimum standards of relief.
Preparing national and state disaster databases.
State & National Disaster Databases
No Provisions
Contain information on type & severity of disaster risks, allocation of funds and expenditure, and disaster preparedness and mitigation plans.
Appointments to NDMA:
Act provides that central government will provide NDMA with officers, consultants, and employees, as it considers necessary.
Bill empowers NDMA to specify the number and category of officers and employees, with previous approval of the central government.
Urban DM Authorities:
No Provisions
Bill empowers state government to constitute a separate Urban Disaster Management Authority (UDMA) for state capitals and cities with a municipal corporation except for Delhi and Chandigarh.
Formation of State Disaster Response Force:
No Provisions
Bill empowers state government to constitute a State Disaster Response Force (SDRF).
State government will define functions of SDRF and prescribe terms of service for its members.
National Crisis Management Committee (NCMC) and the High Level Committee (HLC)
No provisions
Bill provides statutory status to NCMC and HLC.
NCMC will function as the nodal body for dealing with major disasters with serious or national ramifications.
HLC will provide financial assistance to state governments during disasters.
The NCMC will be led by the Cabinet Secretary, and the HLC by the Minister of department overseeing disaster management.
Issues with Bill:
Lack of financial Devolution: Urban Local Bodieswill find difficult to set up, equip, and run the UDMAs due to financial constraints.
Centralization: Bill grants excessive rulemaking power to Central government through delegated legislation to make rules on specific matters, which could potentially overlap with legislative powers reserved for States.
Test of Constitutionality: Bill is brought under Entry 23 of the Concurrent List of Seventh Schedule which deals with “social security and social insurance, employment and unemployment” as Disaster Management is not mentioned in the Seventh Schedule.
Restricted definition of ‘disaster’: Bill does not expand the list of notified disasters to include climate-induced disaster such as heatwaves.
Disaster Management Act 2005
It was enacted in the aftermath of the devastating 2004 tsunami.
Establishment of Authorities: Act establishes a three-tier structure for disaster management.
National Disaster Management Authority (NDMA): Headed by the Prime Minister, responsible for formulating policies, plans, and guidelines for disaster management at the national level.
State Disaster Management Authorities (SDMAs): Headed by the Chief Ministers, responsible for disaster management at the state level.
District Disaster Management Authorities (DDMAs): Led by the District Magistrate, responsible for implementing disaster management plans at the district level.
Preparation of Disaster Management Plans: The Act mandates the preparation of disaster management plans at national, state, and district levels.
National Disaster Response Force (NDRF): Establishes NDRF for specialized response to disasters, including search and rescue operations, medical aid, and relief distribution.
Funding Mechanisms: Provides for the creation of the National Disaster Response Fund (NDRF) and State Disaster Response Funds (SDRF) to finance relief and response measures.
National Institute of Disaster Management (NIDM): Act established NIDM for disaster-related research, training, awareness, and capacity building.
Conclusion
Bill 2024 aims to strengthen disaster risk reduction and management by introducing new structures like Urban Disaster Management Authorities. However, its success will hinge on overcoming challenges related to coordination, authority, and resource allocation among various levels of government.
