The Disaster Management Act, 2005
Administered Ministry: Ministry of Home Affairs / Department of States
Section
Section 76 Power to make regulations. 1 docs
(1) The National Institute of Disaster Management, with the previous approval of the Central Government may, by notification in the Official Gazette, make regulations consistent with this Act and the rules made thereunder to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:—
(a) powers and functions to be exercised and discharged by the governing body;
(b) procedure to be followed by the governing body in exercise of the powers and discharge of its functions;
(c) any other matter for which under this Act provision may be made by the regulations.
(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:—
(a) powers and functions to be exercised and discharged by the governing body;
(b) procedure to be followed by the governing body in exercise of the powers and discharge of its functions;
(c) any other matter for which under this Act provision may be made by the regulations.
Section 76A Power of National Authority to make regulations.
1[76A. Power of National Authority to make regulations.--- Without prejudice to the provisions of section 76, the National Authority, with the previous approval of the Central Government may, by notification in the Official Gazette, make regulations, other than 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.]
1. Ins. by Act 10 of 2025, s. 48, (w.e.f. 9-4-2025).
Section 77 Rules and regulations to be laid before Parliament.
Every rule made by the Central Government and every regulation made by the National Institute of Disaster Management 1[and the National Authority] under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised of one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.
1. Ins. by Act 10 of 2025, s. 49 (w.e.f. 9-4-2025).
Section 78 Power of State Government to make rules.
(1) The State Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:---
(a) the composition and number of the members of the State Authority under sub-section (2), and the term of office and conditions of service of the members of the State Authority under sub-section (5), of section 14;
(b) the allowances to be paid to the members of the advisory committee under sub-section (2) of section 17;
(c) the powers and functions of the Chairperson of the State Executive Committee under sub-section (3), and the procedure to be followed by the State Executive Committee in exercise of its powers and discharge of its functions under sub-section (4) of section 20;
(d) allowances to be paid to the persons associated with the sub-committee constituted by the State Executive Committee under sub-section (3) of section 21;
(e) the composition and the number of members of the District Authority under sub-section (2), and the powers and functions to be exercised and discharged by the Chief Executive Officer of the District Authority under sub-section (3) of section 25;
(f) allowances payable to the persons associated with any committee constituted by the District Authority as experts under sub-section (3) of section 28;
1[(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;]
(g) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made by rules.
(3) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House before that House.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:---
(a) the composition and number of the members of the State Authority under sub-section (2), and the term of office and conditions of service of the members of the State Authority under sub-section (5), of section 14;
(b) the allowances to be paid to the members of the advisory committee under sub-section (2) of section 17;
(c) the powers and functions of the Chairperson of the State Executive Committee under sub-section (3), and the procedure to be followed by the State Executive Committee in exercise of its powers and discharge of its functions under sub-section (4) of section 20;
(d) allowances to be paid to the persons associated with the sub-committee constituted by the State Executive Committee under sub-section (3) of section 21;
(e) the composition and the number of members of the District Authority under sub-section (2), and the powers and functions to be exercised and discharged by the Chief Executive Officer of the District Authority under sub-section (3) of section 25;
(f) allowances payable to the persons associated with any committee constituted by the District Authority as experts under sub-section (3) of section 28;
1[(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;]
(g) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made by rules.
(3) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House before that House.
1. Ins. by Act 10 of 2025, s. 50 (w.e.f. 9-4-2025).
Section 79 Power to remove difficulties.
(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government or the State Government, as the case may be, by notification in the Official Gazette, make order not inconsistent with the provisions of this Act as may appear to it to be necessary or expedient for the removal of the difficulty:
Provided that no such order shall be made after the expiration of two years from the commencement of this Act.
1[(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, 2025, 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 necessary or expedient for 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, 2025.]
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament or the Legislature, as the case may be.
Provided that no such order shall be made after the expiration of two years from the commencement of this Act.
1[(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, 2025, 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 necessary or expedient for 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, 2025.]
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament or the Legislature, as the case may be.
1. Ins. by Act 10 of 2025, s. 51 (w.e.f. 9-4-2025).