Bill moots disaster management body for state capitals, big cities

Congress' Manish Tewari said the proposed legislation entrusted the rule-making powers upon the Centre and encroaches on the domain of the state governments

The government on Thursday moved a Bill in the Lok Sabha that seeks to set up an Urban Disaster Management Authority (UDMA) for state capitals and large cities. The Bill also provides for establishment of State Disaster Response Forces by the state governments.

Union Minister of State for Home Nityanand Rai introduced the Disaster Management (Amendment) Bill, 2024 to amend the Disaster Management Act, 2005. The Bill also aims to strengthen the functioning of the national and state disaster management authorities, besides bringing in more clarity and convergence among stakeholders working in the field of disaster management.

Congress MP Manish Tewari said the proposed legislation entrusted the rule-making powers to the Centre and that it encroaches on the domain of the state governments. He said the Centre should amend the Concurrent List of the Constitution to add “a properly defined entry” on disaster management rather than invoking legislative powers through derived entries, which puts a question mark on the constitutionality of the Bill. Trinamool Congress’ Saugata Roy said the Bill would lead to further multiplicity of authorities.

The Bill further aims to provide statutory status to certain pre-Act organisations like the National Crisis Management Committee and the High Level Committee. Rai said there is no interference in the rights of the states and that disaster management is their (states’) first responsibility. The Bill was later introduced by a voice vote.

According to the Bill’s statement of objects and reasons, it also aims to empower the National Disaster Management Authority (NDMA) and state disaster management authorities to prepare the disaster plan at national and state levels, instead of the National Executive Committee and the State Executive Committee doing so. It will provide for creation of disaster database at the national and state levels.

According to the Bill’s objects and reasons, the Disaster Management Act, 2005 was enacted to provide for effective management of disasters. Its main purpose 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 the 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.

For achieving this, certain authorities and committees were established at the national level, state level and district level. In addition, the law mandated that every ministry or department would carry out the nodal responsibilities in respect of disaster management.

The Bill’s objects and reasons stated that the Centre has endeavoured to mainstream disaster management in the development plans, aligning with the recommendations of the Fifteenth Finance Commission, lessons from past disasters, and experience gained during the implementation of the existing law, which has been reviewed in consultation with all stakeholders, including state governments. “In view of above, it has become necessary to amend certain provisions” of the 2005 Act, the Bill says.