The Rest of the Act: Requisition, Immunity and Rules

In one line

The last nineteen sections contain the Act's real teeth: a power to direct anybody, a power to requisition property, a bar on the civil courts, and an overriding effect over every other law.

In the wording a student can write in an examination: Chapter XI of the Disaster Management Act 2005 is headed Miscellaneous; section 61 prohibits discrimination in providing relief; section 62 empowers the Central Government to issue binding directions; section 63 requires officers to be made available for rescue; section 64 permits the amendment of rules and bye-laws for prevention or mitigation; section 65 provides for requisition of resources, premises and vehicles and section 66 for compensation; section 67 for directions to the media; sections 68 to 70 for authentication, delegation and the annual report; section 71 bars the jurisdiction of every court except the Supreme Court and a High Court; section 72 gives the Act overriding effect; sections 73 and 74 provide immunity; sections 75 to 78 the rule and regulation making powers; and section 79 the power to remove difficulties.

Section 61, no discrimination

The provision as it now stands. While providing relief to the victims of disaster, there shall be no discrimination on the ground of sex, caste, community, descent or religion.

What changed on 9 April 2025. The words compensation and were omitted by section 37 of the Disaster Management (Amendment) Act 2025. The section previously read: while providing compensation and relief to the victims of disaster, there shall be no discrimination.

State that accurately and without exaggeration. No citizen has lost a constitutional remedy, because discrimination in awarding compensation remains open to challenge under Articles 14 and 15. What has gone is the statutory statement, inside the disaster statute itself, that compensation must be distributed without regard to sex, caste, community, descent or religion. It is the only equality provision in the Act and the amendment narrowed it.

Sections 62 to 64, the powers to command

Section 62, directions by the Central Government. Notwithstanding anything contained in any other law for the time being in force, it is lawful for the Central Government to issue directions in writing to the Central Ministries and Departments, the National Executive Committee, a State Government, a State Authority, a State Executive Committee, statutory bodies or any of their officers or employees, to facilitate or assist in disaster management, and every one of them shall be bound to comply.

This is the widest direction power in the Act. It reaches State Governments and statutory bodies, it overrides every other law, and non-compliance is an offence under section 51(b).

Section 63, officers for rescue. Any officer or authority of the Union or a State, when requested by the National or a State Executive Committee, a District Authority, an Urban Authority or a person authorised by them, shall make available such officers and employees as requested to perform functions connected with prevention, mitigation, rescue or relief.