Sections 33, 34 and 35: District Authority Powers and Central Government Measures

Section 33 - Requisition by the District Authority

Meaning: Section 33 authorises the District Authority, by order, to require an officer, a district-level Government Department or a local authority to take measures necessary for disaster prevention, mitigation or effective response. The officer or department concerned is legally bound to carry out the order.

This provision gives the District Authority a direct coordination mechanism at district level. It is designed to ensure that public authorities and available administrative machinery can be mobilised without avoidable delay when preventive, mitigating or response measures are required.

Section 34 - Powers and functions of District Authority during a threatening disaster situation or disaster

Purpose: Section 34 empowers the District Authority to take specified operational measures for assisting, protecting and providing relief to the community when there is a threatening disaster situation or an actual disaster.

The District Authority may, among other things:

1. direct the release and use of resources available with Government Departments and local authorities in the district;
2. control or restrict vehicular traffic to, from and within vulnerable or affected areas;
3. control or restrict entry into, movement within, and departure from vulnerable or affected areas;
4. remove debris, conduct searches and carry out rescue operations;
5. provide shelter, food, drinking water, essential provisions, healthcare and services;
6. establish emergency communication systems in affected areas;
7. arrange for disposal of unclaimed dead bodies;
8. recommend necessary measures to State Government Departments, authorities or bodies operating at district level;
9. require experts and consultants in relevant fields to advise and assist;
10. procure exclusive or preferential use of amenities from an authority or person;
11. construct temporary bridges or other necessary structures and demolish structures that may endanger the public or aggravate the disaster;
12. ensure that non-governmental organisations carry out activities equitably and without discrimination; and
13. take other steps required or warranted by the situation.

Section 35 - Central Government to take measures

General duty under sub-section (1): Subject to the Act, the Central Government must take measures it considers necessary or expedient for disaster management.

Measures presently specified in Section 35(2)

Without limiting the general power in Section 35(1), the Central Government may take measures concerning:

1. coordination and monitoring of actions of Union Ministries or Departments, State Governments, the National Authority, State Authorities, and governmental and non-governmental organisations in relation to disaster management;
3. appropriate allocation of funds by Union Ministries or Departments for disaster prevention, mitigation, capacity-building and preparedness;
5. cooperation and assistance to State Governments, whether requested by them or otherwise considered appropriate;
6. deployment of naval, military and air forces, other armed forces of the Union, or civilian personnel as required for the purposes of the Act;
7. coordination with United Nations agencies, international organisations and foreign governments for purposes of the Act;
8. establishment of institutions for research, training and developmental programmes in disaster management;

Clause (ha): The Central Government may notify the Union Ministries or Departments responsible for monitoring, early warning, prevention, mitigation, preparedness and capacity-building for disasters arising from different hazards.

Clause (i): It may also deal with other matters considered necessary or expedient for effective implementation of the Act.

Section 35(3): The Central Government may extend support, as it considers appropriate, to other countries affected by a major disaster.

Official legal sources

For the authoritative and updated statutory text, refer to the India Code consolidated Disaster Management Act, 2005. The Ministry of Home Affairs - Disaster Management Division Acts also provides official access to the Act and related rules.

This article is an explanatory guide. In case of any difference, the text published in the Gazette of India and the official consolidated statute should be relied upon.