Disaster Management Act, 2005 Amended to Strengthen Framework and Introduce Urban Authorities

The Parliament of India enacted The Disaster Management (Amendment) Act, 2025, which received presidential assent on March 29, 2025, and was subsequently published for general information. This Amendment Act modifies the principal Disaster Management Act, 2005, introducing significant changes aimed at modernizing and strengthening the country's disaster management framework. The legislation will come into force on a date to be appointed by the Central Government through a notification in the Official Gazette.

A key aspect of the amendment is the introduction of several new definitions and clarifications within the principal Act. These include "disaster database," "disaster risk," "evacuation," "exposure," "hazard," "National Policy," "prevention," "recovery," "resilience," "response," "Urban Authority," "Urban Plan," and "vulnerability," providing a more comprehensive lexicon for disaster management. Notably, the legislation provided: ‘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;’ This clarification delineates the scope of "disaster" by excluding law and order issues. Furthermore, the definition of "disaster management" has been expanded to explicitly include "disaster risk reduction," encompassing systematic efforts to analyze and manage causal factors through reduced exposure, vulnerability, and improved preparedness.

The Amendment Act formalizes the National Crisis Management Committee (NCMC) and the High Level Committee (HLC) as statutory bodies, which were previously constituted by the Government of India. The NCMC, chaired by the Cabinet Secretary, is designated as the nodal body for major disasters with national ramifications, while the HLC is tasked with providing financial assistance to State Governments for disaster response and mitigation needs. A significant institutional change is the provision for State Governments to constitute Urban Disaster Management Authorities (UDMAs) for state capitals and all cities with a Municipal Corporation (excluding Delhi and Chandigarh), to be chaired by the Municipal Commissioner. These Urban Authorities will be responsible for preparing and coordinating the implementation of Urban Plans, which must be approved by the State Authority. The Act also enables State Governments to constitute State Disaster Response Forces (SDRF) for specialist response to threatening disaster situations.

The legislative intent behind The Disaster Management (Amendment) Act, 2025, is to enhance India's capacity to anticipate, respond to, and recover from disasters by addressing contemporary challenges and incorporating global best practices in disaster risk reduction. The earlier legal position, primarily governed by the Disaster Management Act, 2005, lacked explicit definitions for several critical concepts like disaster risk, resilience, and recovery, which are now integral to a holistic approach. The amendments aim to fill these statutory gaps by providing a more robust and granular framework for disaster governance.

The Act introduces new obligations and strengthens existing ones for various authorities. The National Authority (NA) is now mandated to coordinate and monitor the implementation of the National Policy, lay down guidelines for disaster management plans for Ministries and State Authorities, and periodically assess disaster preparedness and undertake post-disaster audits. The NA will also create a national disaster database and recommend guidelines for minimum standards of relief. The National Executive Committee (NEC) is empowered to coordinate response across multiple states and issue directions for containment measures, including public awareness and resource deployment. The State Authorities (SAs) are given expanded roles in approving District and Urban Plans, taking stock of state-specific disaster risks, and maintaining state disaster databases. The Act also modifies the application of funds under the National Disaster Response Fund, National Disaster Mitigation Fund, and State Disaster Response Fund, requiring them to be applied in accordance with guidelines laid down by the Central Government in consultation with the National Authority. Furthermore, the Central or State Governments are empowered to issue notifications requiring individuals to take or refrain from certain actions to reduce disaster impact, with contravention attracting a penalty up to ten thousand rupees. Disciplinary action can now be taken against officers for dereliction of duty during a disaster. Sections 12, 13, and 19 of the principal Act, which dealt with the National Advisory Committee and State Advisory Committee, have been omitted, streamlining the advisory structure. The National Plan and State Plans are now required to be reviewed every three years and updated at least once every five years, ensuring dynamic adaptation to evolving disaster risks, including those arising from extreme climate events.

Keywords: Disaster Management, Amendment Act, 2025, National Disaster Management Authority, Urban Disaster Management, Disaster Risk Reduction, National Crisis Management Committee, State Disaster Response Force, India, Legislation

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