The Disaster Management Act, 2005
Administered Ministry: Ministry of Home Affairs / Department of States
Section
Section 39 Responsibilities of departments of the State Government.
It shall be the responsibility of every department of the Government of a State to---
(a) take measures necessary for prevention of disasters, mitigation, preparedness and capacitybuilding in accordance with the guidelines laid down by the National Authority and the State Authority;
(b) integrate into its development plans and projects, the measures for prevention of disaster and mitigation;
(c) allocate funds for prevention of disaster, mitigation, capacity-building and preparedness;
(d) respond effectively and promptly to any threatening disaster situation or disaster in accordance with the State Plan, and in accordance with the guidelines or directions of the National Executive Committee and the State Executive Committee;
(e) review the enactments administered by it, its policies, rules and regulations with a view to incorporate therein the provisions necessary for prevention of disasters, mitigation or preparedness;
(f) provide assistance, as required, by the National Executive Committee, the State Executive Committee 1[District Authorities and Urban Authorities], for---
(i) drawing up mitigation, preparedness and response plans, capacity-building, data collection and identification and training of personnel in relation to disaster management;
(ii) assessing the damage from any disaster;
(iii) carrying out rehabilitation and reconstruction;
(g) make provision for resources in consultation with the State Authority for the implementation of the District Plan by its authorities at the district level 2[and the Urban Plan by the Urban Authorities];
(h) make available its resources to the National Executive Committee or the State Executive Committee or the District Authorities 2[or the Urban Authorities] for the purposes of responding promptly and effectively to any disaster in the State, including measures for---
(i) providing emergency communication with a vulnerable or affected area;
(ii) transporting personnel and relief goods to and from the affected area;
(iii) providing evacuation, rescue, temporary shelter or other immediate relief;
(iv) carrying out evacuation of persons or live-stock from an area of any threatening disaster situation or disaster;
(v) setting up temporary bridges, jetties and landing places;
(vi) providing drinking water, essential provisions, healthcare and services in an affected area;
(i) such other actions as may be necessary for disaster management.
(a) take measures necessary for prevention of disasters, mitigation, preparedness and capacitybuilding in accordance with the guidelines laid down by the National Authority and the State Authority;
(b) integrate into its development plans and projects, the measures for prevention of disaster and mitigation;
(c) allocate funds for prevention of disaster, mitigation, capacity-building and preparedness;
(d) respond effectively and promptly to any threatening disaster situation or disaster in accordance with the State Plan, and in accordance with the guidelines or directions of the National Executive Committee and the State Executive Committee;
(e) review the enactments administered by it, its policies, rules and regulations with a view to incorporate therein the provisions necessary for prevention of disasters, mitigation or preparedness;
(f) provide assistance, as required, by the National Executive Committee, the State Executive Committee 1[District Authorities and Urban Authorities], for---
(i) drawing up mitigation, preparedness and response plans, capacity-building, data collection and identification and training of personnel in relation to disaster management;
(ii) assessing the damage from any disaster;
(iii) carrying out rehabilitation and reconstruction;
(g) make provision for resources in consultation with the State Authority for the implementation of the District Plan by its authorities at the district level 2[and the Urban Plan by the Urban Authorities];
(h) make available its resources to the National Executive Committee or the State Executive Committee or the District Authorities 2[or the Urban Authorities] for the purposes of responding promptly and effectively to any disaster in the State, including measures for---
(i) providing emergency communication with a vulnerable or affected area;
(ii) transporting personnel and relief goods to and from the affected area;
(iii) providing evacuation, rescue, temporary shelter or other immediate relief;
(iv) carrying out evacuation of persons or live-stock from an area of any threatening disaster situation or disaster;
(v) setting up temporary bridges, jetties and landing places;
(vi) providing drinking water, essential provisions, healthcare and services in an affected area;
(i) such other actions as may be necessary for disaster management.
1. Subs. by Act 10 of 2025, s. 21, for "and District Authorities" (w.e.f. 9-4-2025).
2. Ins. by s. 21, ibid. (w.e.f. 9-4-2025).
2. Ins. by s. 21, ibid. (w.e.f. 9-4-2025).
Section 40 Disaster management plan of departments of State.
(1) Every department of the State Government, in conformity with the guidelines laid down by the State Authority, shall—
(a) prepare a disaster management plan which shall lay down the following :—
(i) the types of disasters to which different parts of the State are vulnerable;
(ii) integration of strategies for the prevention of disaster or the mitigation of its effects or both with the development plans and programmes by the department;
(iii) the roles and responsibilities of the department of the State in the event of any threatening disaster situation or disaster and emergency support function it is required to perform;
(iv) present status of its preparedness to perform such roles or responsibilities or emergency support function under sub-clause (iii);
(v) the capacity-building and preparedness measures proposed to be put into effect in order to enable the Ministries or Departments of the Government of India to discharge their responsibilities under section 37;
(b) annually review and update the plan referred to in clause (a); and
(c) furnish a copy of the plan referred to in clause (a) or clause (b), as the case may be, to the State Authority.
(2) Every department of the State Government, while preparing the plan under sub-section (1), shall make provisions for financing the activities specified therein.
(3) Every department of the State Government shall furnish an implementation status report to the State Executive Committee regarding the implementation of the disaster management plan referred to in sub-section (1).
(a) prepare a disaster management plan which shall lay down the following :—
(i) the types of disasters to which different parts of the State are vulnerable;
(ii) integration of strategies for the prevention of disaster or the mitigation of its effects or both with the development plans and programmes by the department;
(iii) the roles and responsibilities of the department of the State in the event of any threatening disaster situation or disaster and emergency support function it is required to perform;
(iv) present status of its preparedness to perform such roles or responsibilities or emergency support function under sub-clause (iii);
(v) the capacity-building and preparedness measures proposed to be put into effect in order to enable the Ministries or Departments of the Government of India to discharge their responsibilities under section 37;
(b) annually review and update the plan referred to in clause (a); and
(c) furnish a copy of the plan referred to in clause (a) or clause (b), as the case may be, to the State Authority.
(2) Every department of the State Government, while preparing the plan under sub-section (1), shall make provisions for financing the activities specified therein.
(3) Every department of the State Government shall furnish an implementation status report to the State Executive Committee regarding the implementation of the disaster management plan referred to in sub-section (1).
Section 41 Functions of the local authority.
(1) Subject to the directions of the District Authority, a local authority shall
(a) ensure that its officers and employees are trained for disaster management;
(b) ensure that resources relating to disaster management are so maintained as to be readily available for use in the event of any threatening disaster situation or disaster;
(c) ensure all construction projects under it or within its jurisdiction conform to the standards and specifications laid down for prevention of disasters and mitigation by the National Authority, State Authority and the District Authority;
(d) carry out relief, rehabilitation and reconstruction activities in the affected area in accordance with the State Plan and the District Plan.
1[(e) prepare a disaster management plan as referred to in section 32.]
(2) The local authority may take such other measures as may be necessary for the disaster management.
(a) ensure that its officers and employees are trained for disaster management;
(b) ensure that resources relating to disaster management are so maintained as to be readily available for use in the event of any threatening disaster situation or disaster;
(c) ensure all construction projects under it or within its jurisdiction conform to the standards and specifications laid down for prevention of disasters and mitigation by the National Authority, State Authority and the District Authority;
(d) carry out relief, rehabilitation and reconstruction activities in the affected area in accordance with the State Plan and the District Plan.
1[(e) prepare a disaster management plan as referred to in section 32.]
(2) The local authority may take such other measures as may be necessary for the disaster management.
1. Ins. by Act 10 of 2025, s. 22 (w.e.f. 9-4-2025).
Section 41A Urban Disaster Management Authority.
1[41A. Urban Disaster Management Authority.--- (1) The State Government may, by notification in the Official Gazette, constitute a separate Urban Disaster Management Authority for 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, ex officio; 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.
(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.]
(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, ex officio; 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.
(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.]
1. Ins. by Act 10 of 2025, s. 23 (w.e.f. 9-4-2025).
Section 42 National Institute of Disaster Management. 1 docs
(1) With effect from such date as the Central Government may, by notification in the Official Gazette appoint in this behalf, there shall be constituted an institute to be called the National Institute of Disaster Management.
(2) The National Institute of Disaster Management shall consist of such number of members as may be prescribed by the Central Government.
(3) The term of office of, and vacancies among, members of the National Institute of Disaster Management and manner of filling such vacancies shall be such as may be prescribed.
(4) There shall be a governing body of the National Institute of Disaster Management which shall be constituted by the Central Government from amongst the members of the National Institute of Disaster Management in such manner as may be prescribed.
(5) The governing body of the National Institute of Disaster Management shall exercise such powers and discharge such functions as may be prescribed by regulations.
(6) The procedure to be followed in exercise of its powers and discharge of its functions by the governing body, and the term of office of, and the manner of filling vacancies among the members of the governing body, shall be such as may be prescribed by regulations.
(7) Until the regulations are made under this section, the Central Government may make such regulations; and any regulation so made may be altered or rescinded by the National Institute of Disaster Management in exercise of its powers.
(8) Subject to the provisions of this Act, the National Institute of Disaster Management shall function within the broad policies and guidelines laid down by the National Authority and be responsible for planning and promoting training and research in the area of disaster management, documentation and development of national level information base relating to disaster management policies, prevention mechanisms and mitigation measures.
(9) Without prejudice to the generality of the provisions contained in sub-section (8), the National Institute, for the discharge of its functions, may—
(a) develop training modules, undertake research and documentation in disaster management and organise training programmes;
(b) formulate and implement a comprehensive human resource development plan covering all aspects of disaster management;
(c) provide assistance in national level policy formulation;
(d) provide required assistance to the training and research institutes for development of training and research programmes for stakeholders including Government functionaries and undertake training of faculty members of the State level training institutes;
(e) provide assistance to the State Governments and State training institutes in the formulation of State level policies, strategies, disaster management framework and any other assistance as may be required by the State Governments or State training institutes for capacity-building of stakeholders, Government including its functionaries, civil society members, corporate sector and people's elected representatives;
(f) develop educational materials for disaster management including academic and professional courses;
(g) promote awareness among stakeholders including college or school teachers and students, technical personnel and others associated with multi-hazard mitigation, preparedness and response measures;
(h) undertake, Organise and facilitate study courses, conferences, lectures, seminars within and outside the country to promote the aforesaid objects;
(i) undertake and provide for publication of journals, research papers and books and establish and maintain libraries in furtherance of the aforesaid objects;
(j) do all such other lawful things as are conducive or incidental to the attainment of the above objects; and
(k) undertake any other function as may be assigned to it by the Central Government.
(2) The National Institute of Disaster Management shall consist of such number of members as may be prescribed by the Central Government.
(3) The term of office of, and vacancies among, members of the National Institute of Disaster Management and manner of filling such vacancies shall be such as may be prescribed.
(4) There shall be a governing body of the National Institute of Disaster Management which shall be constituted by the Central Government from amongst the members of the National Institute of Disaster Management in such manner as may be prescribed.
(5) The governing body of the National Institute of Disaster Management shall exercise such powers and discharge such functions as may be prescribed by regulations.
(6) The procedure to be followed in exercise of its powers and discharge of its functions by the governing body, and the term of office of, and the manner of filling vacancies among the members of the governing body, shall be such as may be prescribed by regulations.
(7) Until the regulations are made under this section, the Central Government may make such regulations; and any regulation so made may be altered or rescinded by the National Institute of Disaster Management in exercise of its powers.
(8) Subject to the provisions of this Act, the National Institute of Disaster Management shall function within the broad policies and guidelines laid down by the National Authority and be responsible for planning and promoting training and research in the area of disaster management, documentation and development of national level information base relating to disaster management policies, prevention mechanisms and mitigation measures.
(9) Without prejudice to the generality of the provisions contained in sub-section (8), the National Institute, for the discharge of its functions, may—
(a) develop training modules, undertake research and documentation in disaster management and organise training programmes;
(b) formulate and implement a comprehensive human resource development plan covering all aspects of disaster management;
(c) provide assistance in national level policy formulation;
(d) provide required assistance to the training and research institutes for development of training and research programmes for stakeholders including Government functionaries and undertake training of faculty members of the State level training institutes;
(e) provide assistance to the State Governments and State training institutes in the formulation of State level policies, strategies, disaster management framework and any other assistance as may be required by the State Governments or State training institutes for capacity-building of stakeholders, Government including its functionaries, civil society members, corporate sector and people's elected representatives;
(f) develop educational materials for disaster management including academic and professional courses;
(g) promote awareness among stakeholders including college or school teachers and students, technical personnel and others associated with multi-hazard mitigation, preparedness and response measures;
(h) undertake, Organise and facilitate study courses, conferences, lectures, seminars within and outside the country to promote the aforesaid objects;
(i) undertake and provide for publication of journals, research papers and books and establish and maintain libraries in furtherance of the aforesaid objects;
(j) do all such other lawful things as are conducive or incidental to the attainment of the above objects; and
(k) undertake any other function as may be assigned to it by the Central Government.
Section 43 Officers, employees, experts and consultants of the National Institute. 1 docs
1[43. Officers, employees, experts and consultants of National Institute.--- (1) The Central Government shall provide the National Institute of Disaster Management with such officers, other employees and consultants, as it considers necessary, for carrying out its functions.
(2) The National Institute may recruit experts as per norms approved 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.]
(2) The National Institute may recruit experts as per norms approved 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.]
1. Subs. by Act 10 of 2025, s. 24, for section 43 (w.e.f. 9-4-2025).
Section 44 National Disaster Response Force.
1[DISASTER RESPONSE FORCE]
(1) There shall be constituted a National 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 Force shall be constituted in such manner and, the conditions of service of the members of the Force, including disciplinary provisions therefore, be such as may be prescribed.
2. Subs. by Act 10 of 2025, s. 25, for "NATIONAL DISASTER RESPONSE FORCE" (w.e.f. 9-4-2025).
Section 44A State Disaster Response Force.
1[44A. State Disaster Response Force.---(1) The State Government may, by notification in the Official 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.]
(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.]
1. Ins. by Act 10 of 2025, s. 26, (w.e.f. 9-4-2025).
Section 45 Control, direction, etc.
The general superintendence, direction and control of the Force shall be vested and exercised by the National Authority and the command and supervision of the Force shall vest in an officer to be appointed by the Central Government as the Director General of the National Disaster Response Force.
Section 46 National Disaster Response Fund.
(1) The Central Government may, by notification in the Official Gazette, constitute a fund to be called the National Disaster Response Fund 1[for meeting different aspects of disaster management] and there shall be credited thereto---
(a) an amount which the Central Government may, after due appropriation made by Parliament by law in this behalf provide;
(b) any grants that may be made by any person or institution for the purpose of disaster management.
2[(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.]
(a) an amount which the Central Government may, after due appropriation made by Parliament by law in this behalf provide;
(b) any grants that may be made by any person or institution for the purpose of disaster management.
2[(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.]
1. Subs. by Act 10 of 2025, s. 27, for "for meeting any threatening disaster situation or disaster" (w.e.f. 9-4-2025).
2. Subs. by , s. 27, ibid., for sub-section (2) (w.e.f. 9-4-2025).
2. Subs. by , s. 27, ibid., for sub-section (2) (w.e.f. 9-4-2025).
Section 47 National Disaster Mitigation Fund.
(1) The Central Government may, by notification in the Official Gazette, constitute a Fund to be called the National Disaster Mitigation Fund 1[for meeting disaster mitigation needs] and there shall be credited thereto such amount which the Central Government may, after due appropriation made by Parliament by law in this behalf, provide.
2[(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.]
2[(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.]
1. Subs. by Act 10 of 2025, s. 28, for "for projects exclusively for the purpose of mitigation" (w.e.f. 9-4-2025).
2. Subs. by s. 28, ibid., for sub-section (2) (w.e.f. 9-4-2025).
2. Subs. by s. 28, ibid., for sub-section (2) (w.e.f. 9-4-2025).
Section 48 Establishment of funds by State Government.
(1) The State Government shall, immediately after notifications issued for constituting the State Authority and the District Authorities, establish for the purposes of this Act the following funds, namely:---
(a) the fund to be called the State Disaster Response Fund;
(b) the fund to be called the District Disaster Response Fund;
(c) the fund to be called the State Disaster Mitigation Fund;
(d) the fund to be called the District Disaster Mitigation Fund.
1[(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.]
(a) the fund to be called the State Disaster Response Fund;
(b) the fund to be called the District Disaster Response Fund;
(c) the fund to be called the State Disaster Mitigation Fund;
(d) the fund to be called the District Disaster Mitigation Fund.
1[(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.]
1. Subs. by y Act 10 of 2025, s. 29, for sub-section (2) (w.e.f. 9-4-2025).
Section 49 Allocation of funds by Ministries and Departments.
(1) Every Ministry or Department of the Government of India shall make provisions, in its annual budget, for funds for the purposes of carrying out the activities and programmes set out in its disaster management plan.
(2) The provisions of sub-section (1) shall, mutatis mutandis, apply to departments of the Government of the State.
(2) The provisions of sub-section (1) shall, mutatis mutandis, apply to departments of the Government of the State.
Section 50 Emergency procurement and accounting.
Where by reason of any threatening disaster situation or disaster, the National Authority or the State Authority or the District Authority 1[or the Urban Authority] is satisfied that immediate procurement of provisions or materials or the immediate application of resources are necessary for rescue or relief,---
(a) it may authorise the concerned department or authority to make the emergency procurement and in such case, the standard procedure requiring inviting of tenders shall be deemed to be waived;
(b) a certificate about utilisation of provisions or materials by the controlling officer authorised by the National Authority, State Authority or District Authority 1[or Urban Authority], as the case may be, shall be deemed to be a valid document or voucher for the purpose of accounting of emergency, procurement of such provisions or materials
(a) it may authorise the concerned department or authority to make the emergency procurement and in such case, the standard procedure requiring inviting of tenders shall be deemed to be waived;
(b) a certificate about utilisation of provisions or materials by the controlling officer authorised by the National Authority, State Authority or District Authority 1[or Urban Authority], as the case may be, shall be deemed to be a valid document or voucher for the purpose of accounting of emergency, procurement of such provisions or materials
1. Ins. by Act 10 of 2025, s. 30, (w.e.f. 9-4-2025).
Section 51 Punishment for obstruction, etc.
Whoever, without reasonable cause---
(a) obstructs any officer or employee of the Central Government or the State Government, or a person authorised by the National Authority or State Authority or District Authority 1[or Urban Authority] in the discharge of his functions under this Act; or
(b) refuses to comply with any direction given by or on behalf of the Central Government or the State Government or the National Executive Committee or the State Executive Committee or the District Authority 1[or Urban Authority] under this Act,
shall on conviction be punishable with 2[imprisonment for a term which may extend to six months or with fine, or with both, and if such obstruction or refusal to comply with directions results in loss of lives or imminent danger thereof, shall on conviction be punishable with imprisonment for a term which may extend to one year].
(a) obstructs any officer or employee of the Central Government or the State Government, or a person authorised by the National Authority or State Authority or District Authority 1[or Urban Authority] in the discharge of his functions under this Act; or
(b) refuses to comply with any direction given by or on behalf of the Central Government or the State Government or the National Executive Committee or the State Executive Committee or the District Authority 1[or Urban Authority] under this Act,
shall on conviction be punishable with 2[imprisonment for a term which may extend to six months or with fine, or with both, and if such obstruction or refusal to comply with directions results in loss of lives or imminent danger thereof, shall on conviction be punishable with imprisonment for a term which may extend to one year].
1. Ins. by Act 10 of 2025, s. 31 (w.e.f. 9-4-2025).
2. Sub. by Act 8 of 2026, s. 2 and Sch. for certain words (w.e.f. 15-05-2026).
2. Sub. by Act 8 of 2026, s. 2 and Sch. for certain words (w.e.f. 15-05-2026).
Section 52 Punishment for false claim.
Whoever knowingly makes a claim which he knows or has reason to believe to be false for obtaining any relief, assistance, repair, reconstruction or other benefits consequent to disaster from any officer of the Central Government, the State Government, the National Authority, the State Authority 1[, the District Authority or the Urban Authority], shall, on conviction be punishable with imprisonment for a term which may extend to 2[six months], and also with fine.
1. Subs. by Act 10 of 2025, s. 32, for "or the District Authority" (w.e.f. 9-4-2025).
2. Subs. by Act 8 of 2026, s. 2 and Sch. for "two years" (w.e.f. 15-05-2026).
2. Subs. by Act 8 of 2026, s. 2 and Sch. for "two years" (w.e.f. 15-05-2026).
Section 53 Punishment for misappropriation of money or materials, etc.
Whoever, being entrusted with any money or materials, or otherwise being, in custody of, or dominion over, any money or goods, meant for providing relief in any threatening disaster situation or disaster, misappropriates or appropriates for his own use or disposes of such money or materials or any part thereof or wilfully compels any other person so to do, shall on conviction be punishable with imprisonment for a term which may extend to 1[one years], and also with fine.
1. Subs. by Act 8 of 2026, s. 2 and Sch. for "two years" (w.e.f. 15-05-2026).
Section 54 Punishment for false warning.
Whoever makes or circulates a false alarm or warning as to disaster or its severity or magnitude, leading to panic, shall on conviction, be punishable with imprisonment which may extend to one year or with fine.
Section 55 Offences by Departments of the Government.
(1) Where an offence under this Act has been committed by any Department of the Government, the head of the Department shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly unless he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a Department of the Government and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any officer, other than the head of the Department, such officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a Department of the Government and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any officer, other than the head of the Department, such officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Section 56 Failure of officer in duty or his connivance at the contravention of the provisions of this Act.
1[1] Any officer, on whom any duty has been imposed by or under this Act and who ceases or refuses to perform or withdraws himself from the duties of his office shall, unless he has obtained the express written permission of his official superior or has other lawful excuse for so doing, be punishable with imprisonment for a term which may extend to one year or with fine.
1[(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.]
1[(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.]
1. Numbered and ins. by Act 10 of 2025, s. 33, (w.e.f. 9-4-2025).