INTRODUCTION

The Disaster Management Act, 2005, (23 December 2005) No. 53 of 2005, was passed by the
Rajya Sabha, the upper house of the Parliament of India on 28 November, and by the Lok
Sabha, the lower house of the Parliament, on 12 December 2005. It received the assent of The
President of India on 9 January 2006. The Disaster Management Act, 2005 has 11 chapters and
79 sections. The Act extends to the whole of India. The Act provides for "the effective
management of disasters and for matters connected therewith or incidental thereto.

The Disaster Management Act, 2005 has been enacted as the central Act to deal with the
management of disasters. This act envisaged a three tier Disaster Management structure in
India at National, States and District levels. Under the act, the NDMA, SDMA, NEC, NDRF,
NIDM and disaster related funds were established.

National Disaster Management Authority

The Disaster Management Act mandates the Central Government to establish NDMA as nodal
authority with prime minister as its ex-officio chairperson. Further, it has maximum nine
members nominated by Chairman (Prime Minister). The Chairman can nominate any of the nine
members also as Vice-chairman of NDMA. The NDMA meetings are presided by the Chairman
and such meetings are called for as and when PM thinks fit. If Chairman is not available for
presiding the NDMA meeting, this job is to be done by Vice President. Officers, employees and
consultants to the authority are provided by the Central Government.

Powers and Functions of NDMA

The key responsibilities of NDMA include laying down the policies, plans and guidelines for
disaster management for ensuring timely and effective response to disaster. It lays down the
policies on disaster management, approve the national plan, and approve plans developed by
various ministries of the union, lay down the guidelines to be followed by the state authorities in
drawing up state plans. NDMA also is mandated to recommend guidelines for the minimum
standards of relief to be provided to persons affected by disaster. The minimum standards are
as follows:

Minimum requirements to be provided in the relief camps in relation to shelter, food,

drinking water, medical cover and sanitation;

Special provisions to be made for widows and orphans;

Ex gratia assistance on account of loss of life as also assistance on account of damage

to houses and for restoration of means of livelihood;

Such other relief as may be necessary.

In case of a disaster of severe magnitude, the NDMA is empowered to recommend relief in
repayment of loans or for grant of fresh loans to the persons affected by disaster.

Responsibilities of the Central Government

The DM Act puts on central government the obligation to take all measures necessary and
expedient for the purpose of disaster management including coordination between ministries
and department, state governments, various domestic and international agencies etc. It is also
obliged to make proper allocation of funds.

National Executive Committee

Apart from NDMA, the central government also constitutes a National Executive Committee
which is responsible for assisting NDMA in execution of various functions for disaster
management. The secretary of the ministry which is responsible for disaster management is
chairperson of NEC. The secretaries in the ministries of agriculture, atomic energy, defence,
drinking water supply, environment and forests, finance (expenditure), health, power, rural
development, science and technology, space, telecommunication, urban development, water
resources and the Chief of the Integrated Defence Staff of the Chiefs of Staff Committee will be
members of the NEC.

Powers and Functions of NEC

Assist NDMA in its functions

Implementing the plans and policies of NDMA

Ensuring compliance with the directives of Central Government.

To act as a coordinating and monitoring body for disaster management

Prepare the National Plan to be approved by the NDMA

Prepare guidelines for different ministries with respect to disaster management.

Provide technical assistance to state governments and authorities.

Monitor the implementation of the National Plans and plans of various ministries

Monitor implementation of the guidelines laid down by the NDMA

Coordinate response in case of a disaster.

Advise and assist various ministries and departments.

National Plan

The National Plan is a Disaster Management Plan for the entire country. It is prepared by the
NEC in consultation with the state governments and various bodies in the field of disaster
management. Once prepared, NDMA approves it. The basic things to be included in national
plan are as follows:

What measures are to be taken for the prevention of disasters, or the mitigation of their
effects?

What measures are to be taken for the integration of mitigation measures in the
development plans?

What measures are to be taken for preparedness and capacity building?

What will be the roles and responsibilities of different Ministries or Departments?

A National Plan has to be reviewed and updated annually. The central government would
finance the measures to be carried out as per the plan. The copies of the plan shall be
distributed to all ministries and departments and using this plan, the ministries would develop
their own plans.

State Disaster Management Authority

A state Disaster Management Authority is to be established by every state government. The
Chief Minister of the state is the chairperson of SDMA. There are maximum 9 members other
than the chairperson. In case of a Union Territory with no assembly (Delhi and Puducherry), the
Lieutenant Governor or the Administrator is the chairman of the SDMA. The SDMA will meet as
and when the chairperson (CM) decides. Other employees and staff of the SDMA are
appointed by the State Government.

Powers and Functions of SDMA

To lay down the disaster management policies and plans for state

To lay down state disaster management policy

Approve state plans as per guidelines of national plans.

To lay down guidelines to be followed by departments of the state.

The act maintains that the CM , in case of emergency, would have the power to exercise
all or any of the powers of the State Authority but the exercise of such powers shall be
subject to ex post facto ratification of the State Authority.

State Executive Committee

The state government also creates a State Executive Committee to assist the State Authority in
the performance of its functions and to coordinate action in accordance with the guidelines laid
down by the State Authority and ensure the compliance of directions issued by the State
Government under this Act.
Its powers and functions are almost a replica of the NEC at state level. Further, it can also
among others can:

Control and restrict, vehicular traffic to, from or within, the vulnerable or affected area

Control and restrict the entry of any person into, his movement within and departure
from, a vulnerable or affected area;

Remove debris, conduct search and carry out rescue operations; provide shelter, food,
drinking water, essential provisions, healthcare and services in accordance with the
standards laid down by the National Authority and State Authority;

State Disaster Management Plan

Every State Executive Committee prepares a state disaster management plan as per the
guidelines of the NDMA. State plan are approved by the State DM Authority. The state plan
would comprise various vulnerabilities, measures to be adopted for prevention and mitigation,
Capacity building measures, roles and responsibilities of various departments etc. The state
plan has to be reviewed every year. The state government will finance the measures listed out
in state plans.

District Disaster Management Authority

The DDMA are set up by state government via a notification in the state budget. It consists of
Chairperson and seven members. The collector or District Magistrate or Deputy Commissioner
would be the chairman. The Co-chairperson will be elected members of the local government. In
the Sixth Schedule areas, the Chief Executive Member of the district council of autonomous
district, shall be the co-Chairperson. The members will include Superintendent of the Police,
Chief Medical Officer and other district level officers as nominated by the state government.

Powers and Functions of DDMA

The DDMA works as a district planning, coordinating and implementing body for disaster
management. It will coordinate with the upper two tiers of the structure and will plan the
implementation of the prevention, mitigation and preparedness at local level.

National Institute of Disaster Management

National Institute of Disaster Management has been established as a statutory body under DM
Act. This institute is 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. Its
key functions include:

Development of training material

 Formulate a comprehensive human resource plan

Provide inputs to governments

Develop educational materials for disaster management including academic and

professional courses

Promote awareness

Conduct study courses

National Disaster Response Force

The act envisages constitution of the National Disaster Response Force for the purpose of
specialist response to a threatening disaster situation or disaster. The general superintendence,
direction and control of the Force shall be vested and exercised by NDMA.

National Disaster Response Fund

The DM Act 2005 calls upon the central government to constitute the National Disaster
Response Fund for meeting any threatening disaster situation or disaster. The central
government will be able to use the money from this fund to meet expenses for emergency
response, relief and rehabilitation. Here we note that the erstwhile National Calamity
Contingency Fund (NCCF) which was constituted as per the recommendations of the 11th
Finance Commission has been merged into National Disaster Response Fund (NDRF) in line
with the recommendation of the 13th Finance Commission. The amount collected from National
Calamity Contingent Duty (NCCD) is transferred to the NDRF.

National Disaster Mitigation Fund

The act also calls upon the government to constitute a National Disaster Mitigation Fund for
projects exclusively for the purpose of mitigation. They money from this fund is to be used by
the NDMA for mitigation purposes.

The Disaster Management Structure in India

As per mandate of the Disaster Management Act 2005, the government created the NDMA as
opposed to a separate ministry recommended by the Pant Committee. The disaster
management set up was structured at three levels viz. national, state and district. The NDMA
was set up as the apex body at the national level, while at the state level State Disaster
Management Authorities (SDMA) were set up. These were headed by the Chief Ministers. At
the district level District Disaster Management Authorities (DDMA) were set up. These were
headed by the District Collectors and co-chaired by elected representatives of the local
authorities. All these authorities were charged with the responsibility of formulating holistic and
integrated plans for disaster management and ensuring the implementation of these plans when
required.
The executive committee of the NDMA is called National Executive Committee (NEC). It
coordinates the response on behalf of the NDMA. It consists of 14 Secretaries of the
government of India as well as the Chief of the Integrated Defence Staff. To assist the NDMA
two other bodies have been created called the National Institute of Disaster Management
(NIDM) and the National Disaster Response Force (NDRF). The structure of the NDMA, evolved
for disaster management at the national level, is shown in the adjacent graphics.

A
Disaster can be defined as a catastrophe, mishap, calamity or grave occurrence in any area,
arising from natural or man-made causes, or by accident or negligence which results in
substantial loss of life or human suffering or damage to, and destruction of, property, or damage
to, or degradation of, environment, and is of such a nature or magnitude as to be beyond the
coping capacity of the community of the affected area1. Disaster occurs when the dimension of
an emergency situation grows to such an extent that the impact of the hazard is beyond the
coping capability of the local community and/or the concerned local authority. Indias
geographical condition is such that it is vulnerable to a number of natural disasters. 55 per cent
of the countrys total area is in Seismic Zones III-V and is vulnerable to earthquakes, 68 per cent
of net sown area is vulnerable to drought, 4 crore hectare mass is vulnerable to floods, sub-
Himalayan/Western Ghat is vulnerable to landslides and the coastal States are vulnerable to
cyclones.2 Even other than natural disasters, the country is also prone to man- made disasters.

The high susceptibility of the country makes it imperative to have thorough disaster
management plan in place. Disaster Management is not expressly mentioned in any of the
entries in Schedule VII of the Constitution (List I). However, the State Governments are provided
financial assistance for meeting expenditure on identified natural calamities on the basis of the
recommendations of the Finance Commission.

The two entries in the State List that are remotely related to the subject of disaster management
are entry 14, which deals with agriculture, including protection against pests and plant diseases,
and entry 17 which deals with water, including water supply, drainage and embankments. The
High Power Committee appointed by the Government of India, strongly felt that this is grossly
inadequate, and that Disaster Management needs to be included in the 7th schedule of the
Constitution under which ever list is felt most appropriate. However, the legislation on disaster
management has been related to entry 23 (social security and social insurance) in the
Concurrent list of the Constitution and the States would also be able to make their own
legislation on the subject3.
A number of constitutional provisions provide for States obligation to provide relief and
rehabilitation. Article 21 of the Indian Constitution guarantees every person right to life and
personal liberty. It casts a positive obligation on the State to take all possible steps for
prevention, preparedness and mitigation of disasters. Article 21 has been liberally interpreted by
the Supreme Court to expand the scope of life and can be said to be the repository of all
important human rights. Besides, this Article 38 directs State to promote the welfare of the
people. Article 51 directs State to honour the international treaty obligations. India is a party to a
number of international treaties on environment which contain specific provision on disaster
management.

Even other than this, State is responsible under the doctrine of parens patriae.4 Doctrine of
parens patriae imposes an obligation on the State or sovereign authority to protect persons
under disability. This doctrine which was originally applicable to the king has been applied by
Courts in a number of cases to make the State responsible for providing relief to victims of
disaster.

In B.J. Diwan vs. State of Gujarat (2001) the Gujarat High Court rejected the governments
argument that the court doesnt have jurisdiction to adjudicate upon a case, which claims the
enforcement of relief and rehabilitation. The court went on to hold that the right to relief and
rehabilitation is a guaranteed right under Article 21 of the Constitution and the state is duty
bound to ensure the same. Again in Kishen Pattnayak and Anr. vs. State of Orissa (AIR 1989
SC 677), the Honble Supreme Court considered a letter written to the Honble Chief Justice of
India, highlighting the miserable condition of the inhabitants of the district of Kalahandi in the
State of Orissa on account of extreme poverty, by the petitioners as a writ petition. This writ
petition was taken along with another writ petition filed by Indian People's Front alleging
starvation deaths, drought diseases and famine in the districts of Koraput and Kalahandi due to
utter negligence and callousness of the administration and the Government of Orissa. In order
to ascertain the correct state of affairs, the Honble Court was pleased to direct the District
Judge of Kalahandi to enquire as to whether the State Government has, in fact, implemented
the social welfare measures in the district of Kalahandi and whether such measures were
adequate to meet the needs of the people there. The Honble Supreme Court held that a district-
level Natural Calamities Committee consisting of the Collector, other officials and the popular
representatives like MPs and MLAs of the district, who are required to review the progress of
relief work and the measures taken to meet the drought conditions from time to time was
sufficient and no new committee was required to be formed. The Committee was to hold at least
one meeting every two months and the function of the Committee would not be confined only to
the cases of starvation deaths, but it shall be responsible for looking after the welfare of the
people of the district. In M.K. Balakrishnan (2) And Others vs . Union Of India And Others (2009
5 SCC 511) the Honble Supreme Court while suo motu expanding the scope of writ petition
originally filed for protection of wetlands in the country for preservation of the environment and
maintaining the ecology underlined the terrible water shortage faced by people in India. Court
held that acute shortage of clean drinking water was one of the stark realities today which
threaten the guaranteed fundamental right to get water as a part of right to life under Art.21 of
the constitution of India.

The Venkatachaliah Committee (The National Commission to Review the Working of the
Constitution) was set up by the Central Government to review the working of the Indian
Constitution. The Commission submitted its report on 31st March, 2002. As part of areas of
concern of the Commission, one of the areas was the state of disaster management
preparedness in the country. The Commission noted that mechanisms for adequate and
immediate state responses to emergencies and disaster management are wholly inadequate.
Commission examined a suggestion made by the Union Ministry of Agriculture that
Management of Disasters and Emergencies, Natural or Man-Made be included in List III of
the Seventh Schedule, and agreed to the suggested inclusion. Commission recommended that
disaster mitigation should be linked with development as without disaster preparedness,
development itself is at risk. The Commission observed that Food Assistance is a powerful tool
in tackling hunger at times of natural disasters and effort should be directed to ensure that
distributions is in accord with the demands of development. The Government of India set up a
commission on Centre-State relations on April 27, 2007 to look into the new issues of Centre-
State relations. The commission was chaired by Justice Madan Mohan Punchhi, former Chief
Justice of India. The commission made number of recommendations in its seven volume report
presented to Government on March 30, 2010. The Commission analyzed the scope of
emergency and the concept of localized emergency in particular. It noted that it is necessary
that a legal framework for exercising the power of "localized emergency" be provided by an
independent Statute borrowing the model of the Disaster Management Act, 2005 and the
Prevention of Communal Violence and Rehabilitation Bill, 2006. As per the Commission
recommendation, only exceptional situations should be considered for the purposes of a
separate legislation. Exceptional situations includes amongst others, natural or man-made
disasters of such dimensions which are beyond the capacity of the State to cope with and fall
within the scope of "external aggression" or "internal disturbance". The Commission has
provided a detailed list of specific conditions to be considered for such a framework legislation
enabling invocation of "localized emergency". The Commission stressed that it is important that
legislation provides for appropriate administrative co-ordination between the Union and the
States concerned.

Under Article 51 India is under an obligation to honour its international commitments as

discussed earlier. India is a party to a number of international Conventions which highlight its
obligation to protect its people from disasters. The United Nations General Assembly designated
the 1990s as the International Decade for Natural Disaster Reduction (IDNDR). Its basic
objective was to decrease the loss of life, property destruction and social and economic
disruption caused by natural disasters, such as earthquakes, tsunamis, floods, landslides,
volcanic eruptions, droughts, locust infestations, and other disasters of natural origin. A
significant step in this regard was the 1st World Conference held on 23 27 May 1994 wherein
the Yokohama Strategy and Plan of Actionwas given effect. The plan aims to reduce societal
vulnerability and therewith decrease consequences of natural disasters. Stress is laid on
devising a global strategy aiming at reducing the impacts of natural hazards. UN-member
states were asked to establish National Platforms which would facilitate the adjustment of
general disaster risk reduction objectives to national/local conditions, implement the agreed
policies and expand the understanding and perception of the importance of disaster risk
reduction on national levels. Under the same resolution the second Wednesday of October was
designated as the International Day for Natural Disaster Reduction. The IDNDR was replaced
and continued by the International Strategy for Disaster Reduction (ISDR). The ISDR aims to
pursue the initiatives and cooperation agreed on during the IDNDR, and developing new
mechanisms as well as pushing for further commitments from policy-makers. The overriding
goal is to reduce human, social, economic and environmental losses due to natural hazards
(and related technological and environmental disasters). The 2002 World Summit on
Sustainable Development re-enforced awareness of the need for risk and vulnerability reduction
in order to secure sustainable development.

Traditionally the approach towards disaster management was on relief and rehabilitation post
disaster and very little effort was concentrated on disaster mitigation and preparedness. This
approach has witnessed a sea change now with the Tenth Five Year Plan (2002-07) recognizing
disaster management as a development issue for the first time. The Tenth Five Year Plan
prescribed a number of policy guidelines at the macro level, operational guidelines for
incorporating disaster management practices into development plans and specific schemes for
prevention and mitigation of disasters. Post it, the Eleventh Five Year Plan also came up with a
number of guidelines and disaster management continuum today comprises of six elements i.e.,
Prevention, Mitigation and Preparedness in pre-disaster phase, and Response, Rehabilitation
and Reconstruction in post-disaster phase.5The Eleventh Five Year Plan 20072012 (Planning
Commission 20008) states, The development process needs to be sensitive towards disaster
prevention, preparedness and mitigation. Disaster management has therefore emerged as a
high priority for the country. Going beyond the historical focus on relief and rehabilitation after
the event, there is a need to look ahead and plan for disaster preparedness and mitigation in
order to ensure that periodic shocks to our development efforts are minimized.

Keeping in mind this approach, S. 2 (e) of the Disaster Management Act defines disaster
management as a continuous and integrated process of planning, organizing, coordinating
and implementing measures which are necessary or expedient for- (i) prevention of danger or
threat of any disaster; (ii) mitigation or reduction of risk of any disaster or its severity or
consequences; (iii) capacity-building; (iv) preparedness to deal with any disaster; (v) prompt
response to any threatening disaster situation or disaster; (vi) assessing the severity or
magnitude of effects of any disaster; (vii) evacuation, rescue and relief; (viii) rehabilitation and
reconstruction.6
The Tenth Five Year Plan has specified the authorities in charge of disaster management. At the
central level, it comprises of the Union Cabinet, headed by the Prime Minister, the Empowered
Group of Ministers, headed by the Deputy Prime Minister, the National Crisis management
Committee (NCMC) under the chairmanship of the Cabinet Secretary, the Crisis Management
Group (CMG) under the chairmanship of the Central Relief Commissioner7, Technical
Organizations such as the Indian Meteorological Department (cyclone/earthquake), Central
Water Commission (floods), Building and Material Promotion Council (construction laws),
Bureau of Indian Standards (norms), Defense Research & Development Organization
(nuclear/biological), Directorate General Civil Defense (provide specific technical support to
coordination of disaster response ) and the National Disaster Management Authority (NDMA)8.

At the State level, a state level committee headed by the Chief Secretary of State overseas the
relief operations. Relief Commissioners are in charge of relief and rehabilitation measures, a
function overseen in a number of States by the Secretary, Department of Revenue. States will
also have a State Crisis Management Group (SCMG) headed by the Chief Secretary/ Relief
Commissioner comprising of officers from the departments of revenue/relief, home, civil
supplies, power, irrigation, water supply, panchayat (local selfgovernment), agriculture, forests,
rural development, health planning, public works and finance.

At the district level, the primary responsibility lies upon the Collector/ District Magistrate/ Deputy
Commissioner. Usually there will be a district level relief committee. Panchayati Raj Institutions
also play a vital role. A district is further sub-divided into sub-divisions and tehsils or talukas. The
head of a sub-division, the Sub-Division Officer (SDO) and the head of a tehsil, the tehsildar
(talukdar or manlatdar in some states), Village officer or patwari along with the Collector have a
key role to play in case of threat or occurrence of any disaster.

A contingency plan for the district for different disasters is drawn up by the Collector / Deputy
Commissioner and approved by the state government. Relief measures are reviewed by the
district level relief committee. A control room is set up in district for day to day monitoring of
rescue and relief operations in case of a threat or occurrence of disaster. Efforts of the district
administration are supported and complemented by central government authorities present in
the district which includes army, air force, navy etc. Police and Paramilitary forces, civil defense
and home-guards, fire services, ex-servicemen, nongovernment organizations (NGOs), public
and private sector enterprises, media and HAM operators are also involved in disaster
management.

The Disaster Management Act, 2005 also provides for constitution of a number of institutions at
national, state and district levels. At the national level, the Act establishes the National Disaster
Management Authority headed by the Prime Minister. The model is replicated at the State level
with State Disaster Management Authorities. National Disaster Management Authority is
responsible for laying down policies and guidelines on disaster management. State Disaster
Management Authorities also lays down policies and plans for disaster management in their
respective states. District Disaster Management Authorities are the planning, coordinating and
implementing bodies for disaster management in the district. The Act also provides for a
National Institute of Disaster Management for human resource development in the field of
disaster management. Besides these, a National Disaster Response Force has been
constituted. As part of it, ten battalions of National Disaster Response Force (NDRF) comprising
144 specialized teams trained in various types of natural, man-made and non-natural disasters
have been set up. National Fire Service College at Nagpur trains personnel of State fire
services/brigades in fire engineering. National Civil Defense College, Nagpur acts as one of the
chief centres for disaster relief and management training. It is also a nodal centre for
radiological, nuclear, biological and chemical emergency response. Depending upon the type of
disaster, different ministries have been designated as the nodal ministry.

The Ministry of Home Affairs is the nodal ministry for natural disasters. Drought relief comes
upon the operation of Ministry of Agriculture, Air Accidents are looked upon by Ministry of Civil
Aviation while Ministry of Railways is responsible for handling railway accidents. Chemical
disasters are handled by Ministry of Environment & Forests. Department of Atomic Energy is
responsible for handling nuclear disasters while biological disasters come under the purview of
Ministry of Health9. While depending upon the type of disaster, different departments/ Ministries
have been made responsible for handling it, disasters generally can be divided into natural
hazards and unnatural or man- made disasters. Natural disasters will include earthquake,
cyclone, tsunami, hailstorms, flood, drought, glacial movements etc. Manmade disasters
include chemical, industrial and nuclear disasters. A brief discussion of the different types of
disasters affecting India is provided 1. Earthquake: An earthquake is a series of vibrations on
the earths surface caused by the generation of elastic (seismic) waves due to sudden rupture
within the earth during release of accumulated strain energy.10 As per figures available almost
59% of Indias geographic al area is vulnerable to earthquake. The large number of casualties
occurring as a result of earthquake is mainly due to building collapse. Absence of knowledge in
earthquake resistant construction and non-compliance of appropriate building and town
planning regulation is the root cause behind Indias poor response plan to earthquake. National
Disaster Management Authority has come up with guidelines for management of earthquakes.
The guidelines provide a broad overview of the disaster management plans which are required
to be prepared by the Central and State government. As per the present scenario, the State
Executive Committees (SECs) of the State Disaster Management Authorities s are responsible
for developing their disaster management plans. A techno-legal framework comprising of model
Bye-laws to be introduced by respective States has been issued by MHA in 2007. The
framework lays stress on compliance of earthquake-resistant design. State governments are
required to review, revise and update the town and country planning Acts, land use and zoning
regulations, building bye-laws and DCRs at least once every five years. upon States to take
steps to deal with it. The National Disaster Management Authority has come up with model
guidelines in this regard.12 Flood management is intricately linked with transport services
making it imperative that construction of roads and rail lines in flood prone areas are done in
such a manner that there are less susceptible to flood scenarios.

3. Cyclones: India has an extensive coast line which is vulnerable to tropical cyclones. To
minimize loss effort is required both through environmental legislations and building laws.
Coastal Zone Management which involves proper planning of coastal areas while ensuring and
continuation and restoration of bio-shields is very vital for checking disastrous impact of
cyclones. The primary Act in this regard is the Environment Protection Act, 1986. Moreover, in
1991 Coastal Regulation Zone notification was issued.

4. Tsunami: The term Tsunami comes from the Japanese term meaning "harbour wave".
Indias coastal areas are vulnerable to tsunami and India has in past been a witness to massive
loss of life and property due to it. The management plan of both cyclone and tsunami are similar
with emphasis of coastal zone regulation. States are duty bound to come up with proper
technolegal framework for adopting tsunami-safe zoning, planning and construction practices.13

5. Landslides and Avalanches: Landslides & Avalanches are one of the major
hydro-geological hazards affecting India both in magnitude and frequency.14 Landslides are
downward and outward movement of slope materials such as rock debris and earth, under the
influence of gravity15. Snow avalanche is a slide of snow mass down a mountainside16. MHA
has prescribed model town and country planning acts, land use and zoning regulations,
Development Control Regulations (DCRs) and building bye-laws to be followed by States .The
codes and guidelines related to landslides which have been published by the BIS are - i) IS
14496 (Part 2): 1998 Guidelines for the preparation of LHZ maps in mountainous terrain: Part 2:
Macro Zonation ii) IS 14458: Guidelines for Retaining Walls for Hilly Areas. a. Part 1: Selection
of the Type of Walls. b. Part 2: Design of Retaining/Breast Walls. c. Part 3: Construction of Dry
Stone Walls. iii) IS 14680:1999: Guidelines for Landslide Control. iv) IS 14804:2000: Guidelines
for Siting, Design and Selection of Materials for Residential Buildings in Hilly Areas. v) National
Building Code (NBC) 200517.

6. Nuclear and Radiological Disasters: When the impact of a nuclear or

radiological emergency, caused by a nuclear attack or largescale release of radioactivity from
nuclear/radiological facilities is very high, it assumes the dimension of a nuclear disaster leading
to mass casualties and destruction of large areas and property18. Atomic Energy Act, 1962 is
the main law dealing with development, control and use of atomic energy.
7. Chemical Disaster: Chemic disasters are a by- product of industrialization. The
Bhopal gas tragedy and is effect is still visible making it clear that though the frequency of
chemical disasters may be low, it can have a very negative effect of huge magnitude having
both long and short term effects. Management of chemical disasters is primarily the domain of
Ministry of Environment and Forests. Ministry of Home Affairs, Ministry of Health and Family
Welfare, Ministry of Labour, Ministry of Surface Transport and Highways, Ministry of Defense,
Department of Atomic Energy, Ministry of Chemicals and Fertilizers, Ministry of Petroleum and
Gas, Central and State Pollution Control and State Governments.19 Chemical Disasters can
have origin in terrorist activities. The National Disaster Management Authority20 has come up
with model guidelines in this regard to deal with both types of chemical disasters- both being
part of terrorist activities and other occurring due to other reasons. A number of legislations exist
providing a comprehensive legal framework.

8. Biological Disasters-
Biological disasters are scenarios involving disease, disability or death on a large scale among
humans, animals and plants due to toxins or disease caused by live organisms or their
products.21 The Acts primarily dealing with it are the Epidemic Diseases Act, provisions under
Indian Penal Code (IPC) and Criminal Procedure Code (CrPC), The Water (Prevention and
Control of Pollution), Water (Prevention and Control of Pollution) Rules,1975, Air (Prevention
and Control of Pollution)Act, 1981, and the Rules (1983), Environmental (Protection) Act, 1986,
and the Rules (1986).

9. Fire : Fire tragedy has been a major source of disaster ranging from fire in schools and
other public places such as cinema halls to more commercial form of fire explosions in chemical
factories, mines, oil fields and industries. Depending upon the nature of fire out-break different
regulations have been laid down to deal with the situation. A number of legislations are in place
to deal with fire safety provisions in cinema halls and other public places including schools,
residential and commercial buildings. Different and more stringent parameters are applicable to
deal with fires resulting from commercial origins.