Section 39 in The Disaster Management Act, 2005

Title: Responsibilities of departments of the State Government

Description: It shall be the responsibility of every department of the Government of a State to— (a) take measures necessary for prevention of disasters, mitigation, preparedness and capacitybuilding in accordance with the guidelines laid down by the National Authority and the State Authority; (b) integrate into its development plans and projects, the measures for prevention of disaster and mitigation; (c) allocate funds for prevention of disaster, mitigation, capacity-building and preparedness; (d) respond effectively and promptly to any threatening disaster situation or disaster in accordance with the State Plan, and in accordance with the guidelines or directions of the National Executive Committee and the State Executive Committee; (e) review the enactments administered by it, its policies, rules and regulations with a view to incorporate therein the provisions necessary for prevention of disasters, mitigation or preparedness; (f) provide assistance, as required, by the National Executive Committee, the State Executive Committee and District Authorities, for— (i) drawing up mitigation, preparedness and response plans, capacity-building, data collection and identification and training of personnel in relation to disaster management; (ii) assessing the damage from any disaster; (iii) carrying out rehabilitation and reconstruction; (g) make provision for resources in consultation with the State Authority for the implementation of the District Plan by its authorities at the district level; (h) make available its resources to the National Executive Committee or the State Executive Committee or the District Authorities for the purposes of responding promptly and effectively to any disaster in the State, including measures for— (i) providing emergency communication with a vulnerable or affected area; (ii) transporting personnel and relief goods to and from the affected area; (iii) providing evacuation, rescue, temporary shelter or other immediate relief; (iv) carrying out evacuation of persons or live-stock from an area of any threatening disaster situation or disaster; (v) setting up temporary bridges, jetties and landing places; (vi)providing drinking water, essential provisions, healthcare and services in an affected area; (i) such other actions as may be necessary for disaster management.

Title: Disaster management plan of departments of State

Description: (1) Every department of the State Government, in conformity with the guidelines laid down by the State Authority, shall— (a) prepare a disaster management plan which shall lay down the following :— (i) the types of disasters to which different parts of the State are vulnerable; (ii) integration of strategies for the prevention of disaster or the mitigation of its effects or both with the development plans and programmes by the department; (iii) the roles and responsibilities of the department of the State in the event of any threatening disaster situation or disaster and emergency support function it is required to perform; (iv) present status of its preparedness to perform such roles or responsibilities or emergency support function under sub-clause (iii); (v) the capacity-building and preparedness measures proposed to be put into effect in order to enable the Ministries or Departments of the Government of India to discharge their responsibilities under section 37; (b) annually review and update the plan referred to in clause (a); and (c) furnish a copy of the plan referred to in clause (a) or clause (b), as the case may be, to the State Authority. (2) Every department of the State Government, while preparing the plan under sub-section (1), shall make provisions for financing the activities specified therein. (3) Every department of the State Government shall furnish an implementation status report to the State Executive Committee regarding the implementation of the disaster management plan referred to in sub-section (1).

Title: Functions of the local authority

Description: (1) Subject to the directions of the District Authority, a local authority shall— (a) ensure that its officers and employees are trained for disaster management; (b) ensure that resources relating to disaster management are so maintained as to be readily available for use in the event of any threatening disaster situation or disaster; (c) ensure all construction projects under it or within its jurisdiction conform to the standards and specifications laid down for prevention of disasters and mitigation by the National Authority, State Authority and the District Authority; (d) carry out relief, rehabilitation and reconstruction activities in the affected area in accordance with the State Plan and the District Plan. (2) The local authority may take such other measures as may be necessary for the disaster management.

Title: National Institute of Disaster Management

Description: (1) With effect from such date as the Central Government may, by notification in the Official Gazette appoint in this behalf, there shall be constituted an institute to be called the National Institute of Disaster Management. (2) The National Institute of Disaster Management shall consist of such number of members as may be prescribed by the Central Government. (3) The term of office of, and vacancies among, members of the National Institute of Disaster Management and manner of filling such vacancies shall be such as may be prescribed. (4) There shall be a governing body of the National Institute of Disaster Management which shall be constituted by the Central Government from amongst the members of the National Institute of Disaster Management in such manner as may be prescribed. (5) The governing body of the National Institute of Disaster Management shall exercise such powers and discharge such functions as may be prescribed by regulations. (6) The procedure to be followed in exercise of its powers and discharge of its functions by the governing body, and the term of office of, and the manner of filling vacancies among the members of the governing body, shall be such as may be prescribed by regulations. (7) Until the regulations are made under this section, the Central Government may make such regulations; and any regulation so made may be altered or rescinded by the National Institute of Disaster Management in exercise of its powers. (8) Subject to the provisions of this Act, the National Institute of Disaster Management shall function within the broad policies and guidelines laid down by the National Authority and be 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. (9) Without prejudice to the generality of the provisions contained in sub-section (8), the National Institute, for the discharge of its functions, may— (a) develop training modules, undertake research and documentation in disaster management and organise training programmes; (b) formulate and implement a comprehensive human resource development plan covering all aspects of disaster management; (c) provide assistance in national level policy formulation; (d) provide required assistance to the training and research institutes for development of training and research programmes for stakeholders including Government functionaries and undertake training of faculty members of the State level training institutes; (e) provide assistance to the State Governments and State training institutes in the formulation of State level policies, strategies, disaster management framework and any other assistance as may be required by the State Governments or State training institutes for capacity-building of stakeholders, Government including its functionaries, civil society members, corporate sector and people's elected representatives; (f) develop educational materials for disaster management including academic and professional courses; (g) promote awareness among stakeholders including college or school teachers and students, technical personnel and others associated with multi-hazard mitigation, preparedness and response measures; (h) undertake, Organise and facilitate study courses, conferences, lectures, seminars within and outside the country to promote the aforesaid objects; (i) undertake and provide for publication of journals, research papers and books and establish and maintain libraries in furtherance of the aforesaid objects; (j) do all such other lawful things as are conducive or incidental to the attainment of the above objects; and (k) undertake any other function as may be assigned to it by the Central Government.

Title: Officers and other employees of the National Institute

Description: The Central Government shall provide the National Institute of Disaster Management with such officers, consultants and other employees, as it considers necessary, for carrying out its functions.