Section 10 in The Disaster Management Act, 2005
Title: Powers and functions of National Executive Committee
(1) The National Executive Committee shall assist the National Authority in the discharge of its functions and have the responsibility for implementing the policies and plans of the National Authority and ensure the compliance of directions issued by the Central Government for the purpose of disaster management in the country.
(2) Without prejudice to the generality of the provisions contained in sub-section (1), the National Executive Committee may—
(a) act as the coordinating and monitoring body for disaster management;
(b) prepare the National Plan to be approved by the National Authority;
(c) coordinate and monitor the implementation of the National Policy;
(d) lay down guidelines for preparing disaster management plans by different Ministries or Departments of the Government of India and the State Authorities;
(e) provide necessary technical assistance to the State Governments and the State Authorities for preparing their disaster management plans in accordance with the guidelines laid down by the National Authority;
(f) monitor the implementation of the National Plan and the plans prepared by the Ministries or Departments of the Government of India;
(g) monitor the implementation of the guidelines laid down by the National Authority for integrating of measures for prevention of disasters and mitigation by the Ministries or Departments in their development plans and projects;
(h) monitor, coordinate and give directions regarding the mitigation and preparedness measures to be taken by different Ministries or Departments and agencies of the Government;
(i) evaluate the preparedness at all governmental levels for the purpose of responding to any threatening disaster situation or disaster and give directions, where necessary, for enhancing such preparedness;
(j) plan and coordinate specialised training programme for disaster management for different levels of officers, employees and voluntary rescue workers;
(k) coordinate response in the event of any threatening disaster situation or disaster;
(l) lay down guidelines for, or give directions to, the concerned Ministries or Departments of the Government of India, the State Governments and the State Authorities regarding measures to be taken by them in response to any threatening disaster situation or disaster;
(m) require any department or agency of the Government to make available to the National Authority or State Authorities such men or material resources as are available with it for the purposes of emergency response, rescue and relief;
(n) advise, assist and coordinate the activities of the Ministries or Departments of the Government of India, State Authorities, statutory bodies, other governmental or non-governmental organisations and others engaged in disaster management;
(o) provide necessary technical assistance or give advice to the State Authorities and District Authorities for carrying out their functions under this Act;
(p) promote general education and awareness in relation to disaster management; and
(q) perform such other functions as the National Authority may require it to perform.
Title: National plan
(1) There shall be drawn up a plan for disaster management for the whole of the country to be called the National Plan.
(2) The National Plan shall be prepared by the National Executive Committee having regard to the National Policy and in consultation with the State Governments and expert bodies or organisations in the field of disaster management to be approved by the National Authority.
(3) The National Plan shall include—
(a) measures to be taken for the prevention of disasters, or the mitigation of their effects;
(b) measures to be taken for the integration of mitigation measures in the development plans;
(c) measures to be taken for preparedness and capacity building to effectively respond to any threatening disaster situations or disaster;
(d) roles and responsibilities of different Ministries or Departments of the Government of India in respect of measures specified in clauses (a), (b) and (c).
(4) The National Plan shall be reviewed and updated annually.
(5) Appropriate provisions shall be made by the Central Government for financing the measures to be carried out under the National Plan.
(6) Copies of the National Plan referred to in sub-sections (2) and (4) shall be made available to the Ministries or Departments of the Government of India and such Ministries or Departments shall draw up their own plans in accordance with the National Plan.
Title: Guidelines for minimum standards of relief
The National Authority shall recommend guidelines for the minimum standards of relief to be provided to persons affected by disaster, which shall include,—
(i) the minimum requirements to be provided in the relief camps in relation to shelter, food, drinking water, medical cover and sanitation;
(ii) the special provisions to be made for widows and orphans;
(iii) 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;
(iv) such other relief as may be necessary.
Title: Relief in loan repayment, etc
The National Authority may, in cases of disasters of severe magnitude, recommend relief in repayment of loans or for grant of fresh loans to the persons affected by disaster on such concessional terms as may be appropriate.
Title: Establishment of State Disaster Management Authority
(1) Every State Government shall, as soon as may be after the issue of the notification under sub-section (1) of section 3, by notification in the Official Gazette, establish a State Disaster Management Authority for the State with such name as may be specified in the notification of the State Government.
(2) A State Authority shall consist of the Chairperson and such number of other members, not exceeding nine, as may be prescribed by the State Government and, unless the rules otherwise provide, the State Authority shall consist of the following members, namely:—
(a) the Chief Minister of the State, who shall be Chairperson, ex officio;
(b) other members, not exceeding eight, to be nominated by the Chairperson of the State Authority;
(c) the Chairperson of the State Executive Committee, ex officio.
(3) The Chairperson of the State Authority may designate one of the members nominated under clause (b) of sub-section (2) to be the Vice-Chairperson of the State Authority.
(4) The Chairperson of the State Executive Committee shall be the Chief Executive Officer of the State Authority, ex officio:
Provided that in the case of a Union territory having Legislative Assembly, except the Union territory of Delhi, the Chief Minister shall be the Chairperson of the Authority established under this section and in case of other Union territories, the Lieutenant Governor or the Administrator shall be the Chairperson of that Authority:
Provided further that the Lieutenant Governor of the Union territory of Delhi shall be the Chairperson and the Chief Minister thereof shall be the Vice-Chairperson of the State Authority.
(5) The term of office and conditions of service of members of the State Authority shall be such as may be prescribed.