ORC, DM act and DM mechanism in Odisha

Odisha Relief Code,
Disaster Management
Act &
DM Mechanism in
Odisha

Sharing of Responsibility
 The primary responsibility for
undertaking rescue, relief and
rehabilitation measures during a
disaster lies with the State
Governments.
 The Union Government supplements
their efforts through logistic and financial
support during severe natural disasters

Guiding Documents for Disaster
Management
 Odisha Relief Code (ORC)
 Disaster Management Act, 2005
 Guidelines issued by NDMA
 State Disaster Management Plan
 District Disaster Management Plan
 Disaster Management Plan prepared by
Depts.
 Instructions issued from time to time by
Government & Special Relief Commissioner
 Practices & Precedents

Odisha Relief Code (ORC) -
Background & General Principles
 Serves as an operational guide in relief matters
 Supersedes Bihar & Orissa Famine Code 1930
 Applicable for administration of relief measures in the
entire state in respect of natural calamities and fire
hazards
 Loss of life & property due to animal menace kept
out of purview of Code for which separate law is
available
 Comprised of 17 Chapters
 Separate Chapters for each major calamity i.e.
Drought, Floods, Cyclone & Fire Accidents
 Forms for Reports and Returns
 Also contain Rules for Rainfall Registration

ORC -Objective of Relief Measures
 Ensure that no one dies of starvation
 Prevent physical deterioration and destitution
of the people and to enable them to resume
their ordinary pursuits of life on return of better
times and
 Simultaneously, to encourage the village
community in making concerted and
continuous efforts to fight a common
misfortune.
 Boosting of the morale of the public in times of
disasters
 Approach to relief to be both preventive as well
as maintenance of a common standard of

ORC - Principles of Relief
Measures
 Integration of development and relief planning of the
areas affected by natural calamity
 Shelf of projects to be kept ready to be switched into
operation on the occurrence of natural calamity
 Drought & flood proofing through relief work which will
take care of food & drinking water problem in the long
run
 Gratuitous relief only when absolutely necessary
 Assistance to farmers in shape of easy availability of
seeds and seedlings, irrigation facility, supply of credit,
eradication of pest attack, remission/ suspension of
land revenue/ collection of loans
 Policy is not to be relief centric
 Cash relief provision for repair/ restoration of damaged
houses, clearance of sand cast in agricultural land and

ORC - Administrative Relief
Organisation
• Relief management is a collective responsibility of the
State Government
• Revenue & DM Department and Special Relief
Commissioner coordinate the work of all the
Departments in regard to relief operations.
 Revenue Divisional Commissioners
 Other Heads of Departments
 Collectors
 Sub-Collectors
 Tahasildars, BDOs and other officers of Tahasil & Block
 Block is the unit of Relief Organisation with BDO i/c of
unit
 State level Committee on Natural Calamities
 District level Committee on Natural Calamities

Disaster Management Act 2005
 An Act to provide for the effective
management of disasters and for matters
connected therewith or incidental thereto.
 Enacted by Parliament
 Received assent of the President of India on
23rd December 2005
 Notified on 26.12.05
 Came into effect from 1st August, 2007
 Applicable to the whole of India

4 levels of Disaster
Management
 National level
 State level
 District level
 Local level

National Level
 National Disaster Management
Authority (NDMA) (Sec- 3)
 National Executive Committee (Sec-8)
 Advisory Committee (Sec-7)

National Disaster Management Authority
 Prime Minister is the chairman
 9 members nominated by the
chairman
 One of the members nominated as
vice chairman

Powers & functions of NDMA
 Lay down policies on Disaster Management
 Approve the national plan
 Approve plans made by Ministries and Depts.
of Govt. of India
 Lay down guidelines to be followed by State
Authorities in drawing up the State Plan
 Make guidelines for Depts. & Ministries
 Coordinate enforcement and implementation
of the policy and plan, etc.
 Recommend provision of funds for mitigation
 Provide support to other countries
 Capacity building; Make policies for NIDM

National Executive Committee (NEC)
 GoI will constitute the NEC to assist the NDMA
 Secy., MHA will be the ex-officio Chairperson
 Secy.s of Agriculture, Atomic Energy, Drinking
Water, Defence, Environment and Forest,
Finance, Health, Power, Rural Development,
Space, Urban Development, Water Resources,
Chief of the Integrated Defence Staff,
Telecommunication - Members
 Chairman can invite any other officer of GoI for
taking part in the meeting
 GoI will prescribe the powers and functions for
the NEC
 NEC can constitute one or more sub-committees
 Member of the NEC will be the chairman of the
sub-committee

Functions of NEC (1/2)
 Act as coordinating and monitoring body
 Prepare national plan
 Coordinate & monitor implement the national
policy
 Lay down guidelines for DM Plan of Ministries/
States
 Provide technical assistance to State
Government for preparing their DM plans
 Implement national plan and plans of ministries
of GoI
 Integrating preventive and mitigating measures
in the development plan of ministries
 Monitor and direct ministries and departments
and agencies of Govt.
 Evaluate preparedness at all Govt. levels.

 Coordinate response in the event of any
disaster
 Give directions to State Authorities GoI and
others for response
 Direct any agency/department of Govt. to make
available any resource or information.
 Advise, assist and coordinate
 Provide necessary assistance to state
authorities and district authorities for carrying
out the functions under the Act.
 Promote general education & awareness on
disaster management
 Perform any other function as National
Functions of NEC (2/2)

National Advisory Committee
 National Authority may constitute the
advisory committee consisting of
experts.
 Central Government will fix the
number of members in consultation
with national authority.

State level
 State Disaster Management Authority
(SDMA)(Sec-14)
 State Executive Committee (SEC) (Sec-
20)
 State Advisory Committee (Sec-17)

State Disaster Management Authority (SDMA
 State Government will constitute SDMA
 Chief Minister is the chairperson
 8 other members to be nominated by the
chairperson
 Chairman of the State Executive Committee
is the ex-officio member and Chief
Executive Officer
 Chairman may designate the Vice-chairman
from among the members

Function of SDMA
 Lay down the State DM Policy;
 Approve the State DM Plan and DM Plans of the Depts;
 Approve the DM Plans prepared by the departments;
 Lay down guidelines to be followed by the departments for
integration of measures for prevention of disasters and
mitigation in their development plans and projects;
 Coordinate the implementation of the State Plan;
 Recommend provision of funds for mitigation and
preparedness measures;
 Review the development plans of the different
departments;
 Review the measures taken by the Depts. for mitigation,
capacity building and preparedness and issue necessary
guidelines ;
 The Chairperson of SDMA shall, in the case of emergency,
have power to exercise all or any of the powers of the

State Executive Committee
 State Government shall constitute the state
executive committee to assist the state
authority.
 Chief Secretary will be the ex-officio
chairman of SEC.
 4 Secretaries of State Govt. will be
members ex-officio.
 The chairperson of SEC will be using
powers delegated by the state authority and
state Government

Functions of SEC (1/2)
 Coordinate/ monitor implement national policy & plan
and state plan
 Examine vulnerability of different parts of the state to
different forms of disasters & specify measures for
their prevention and mitigation.
 Make guidelines for preparation of DM plans by
Depts.
 Monitor implementation of DM plans made by Depts.
and District Authorities.
 Implement guidelines made by State Authority
 Evaluate preparedness at all government and non-
governmental levels
 Coordinate response in the event of any threatening
disaster situation & give directions to any Dept of
Govt./ any other authority/ body in the State regarding
action to be taken in response to such threatening

 Promote general education, awareness
 Advise, Assist and coordinate activities of the
departments of the government
 Provide technical assistance to district authorities
 Advise State Govt. on financial matters relating to
Disaster Management
 Examine the construction in any local area and if
standard laid down for such construction is found to
have not been not followed, direct DDMA or local
Authority to take action to secure compliance of such
standards.
 Review response plans at state and district level
 Ensure communication system and disaster
management drills
Functions of SEC (2/2)

State Advisory Committee
 State authority may constitute an
advisory committee consisting of
experts.
 Members of the advisory committee
will be paid allowances

District Disaster Management Authority
 State Government will constitute the DDMA
 The Collector will be the Chairperson
 President Zilla Parishad will be the Co-
chairperson
 Chief Executive Officer of the Zilla
Parishad, SP, CDMO will be the ex-officio
members
 2 other district officials can be nominated by
the state government.
 State government shall appoint an officer
not below the rank of ADM as the Chief

Powers & Functions of DDMA (1/2)
 Prepare DM plan for the district
 Implement national policy, state policy, national, state and
district plans.
 Identify vulnerable areas of district and take prevention
and mitigation measures
 Ensure that guidelines for prevention of disasters are
followed
 Give directions to different authorities at district level to
take up required prevention and mitigation measures
 Lay down guidelines for prevention of disaster.
 Monitor implementation of DM plans prepared by
departments.
 Prepare guidelines to be followed by departments.
 Review the preparedness and state of capability.
 Organise specialise training programmes
 Facilitate community training and awareness programmes.

 Coordinates response mechanism during any disaster.
 Ensure departments, prepare their response plans in
accordance with the district response plan
 Advise, assist and coordinate the activities of
departments.
 Provide necessary technical assistance and advise to the
local authorities for carrying out their functions.
 Review development plans.
 Examine the construction in any area in the district and if
standard laid down for such construction is found to have
not been followed, direct the concerned authority to take
action to secure compliance of such standards.
 Identify building and places which could be used for
disaster mitigation.
 Stock pile, relief and rescue materials
 Provide information to State Authority.
 Encourage involvement of NGOs
 Ensure that communication systems are in order
Powers & Functions of DDMA (2/2)

National plan
 Applicable for whole of the country
 Prepared by national executive committee.
 Approved by national authority.
Preventive measures
Integration of mitigation and
development
Preparedness and capacity building
Define roles and responsibilities

Minimum Standards of Relief
 NDMA may lay down guidelines on
minimum standards of relief
 Minimum requirements to be provided in
the relief camps in relation to shelter, food,
drinking water medical cover and sanitation
 Special provision for widows and orphans
 Ex-gratia assistance on account of loss of
life
 Assistance for damage to house and
restoration of livelihood.

Minimum Standard of Relief Prescribed by
NDMA
 Relief and Rehabilitation Camp:- Relief shelter and
Rehabilitation camps shall be set up in order to accommodate
people affected by a disaster.
First 3 days – To follow Basic norms to the possible extent
4 to 10 days - Efforts should be made to follow most of the
norms recommended by NDMA guidelines.
11 days and above - NDMA’s prescribed norms shall be
followed.
 Shelters in relief camps:- 3.5 sqm. of covered area per person
with basic lightning facilities shall be provided to the victims.
 Food in relief camps:- Sufficient quantity of food to the affected
people with provision of milk to children and lactating mothers.
 Hygiene at community and camp kitchens shall be
arranged.
 Minimum of 2400 Kcal per day for Men & women and 1700

 Water in relief camps:-
 Sufficient quantity of water for cleanliness and hand
wash
 A minimum of 3 ltrs. of drinking water per person per day
 Sanitation in relief camps:-
 One toilet for 30 persons, separate toilet for women with
15 ltrs. of water per person per day
 Toilets shall be within 15 mtrs. from relief camps.
 Medical cover in relief camps:- Arrangement for visit of
mobile medical teams, helpline facilities shall be arranged in
relief camps with basic facilities for pregnant women.
 Relief for Women and Orphans :-
 (i) Documentation of Widows and Orphans in relief
camps shall be made
 (ii) Special care shall be given to them

 The National Authority may in case of
disasters of severe magnitude
recommend relief in repayment of
loans or grant of fresh loans to the
persons affected by disaster on such
terms as may be appropriate.
Relief provision

State Plan
 State Executive Committee will
prepare the plan
 State Authority will approve it.

District Plan
 Prepared by the district authority and
approved by state authority
 Vulnerability index
 Response protocol
 Capacity building
 Procurement of essential resources
 Establishment of communication links
 Dissemination of information to the public
 Plan to be reviewed annually

Powers of district authority in the event
of a threatening disaster situation or
disaster
 May order any officer or department at the district level
or local authority to take required prevention and
mitigation measures or to effectively respond to a
disaster and such officer or department shall be bound
to carry out such order.
 Give directions for release and use of resources
available with any department of government and local
authority in the district for protecting or provide relief to
the community in any threatening disaster situation or
disaster.
 Control and restrict vehicular traffic
 Control and restrict movement of any person in the
vulnerable/ affected area

 Remove debris, conduct search and carry out rescue
operations
 Make arrangements for disposal of unclaimed dead
bodies.
 Recommend to any department of the government at
district level to take such measures as deemed to be
necessary in its opinion.
 Procure exclusive or preferential use of amenities from
any authority or person.
 Demolish structures which may be hazardous to public
or aggravate effects of disaster.
 Ensure NGOs carry out their activities in equitable and
non-discriminatory manner.
Powers of district authority ......
(Contd…)

 Work subject to the directions of the district authority
 Ensure its offices and employees are trained for
disaster management.
 Ensure resources are maintained and readily
available for use in disaster situation.
 Ensure all construction projects under it or within its
jurisdiction confirm to the standards and
specifications laid down for prevention of disasters by
national, state and district authority.
 Carry out relief, rehabilitation and reconstruction
activities in the affected area in accordance with the
state plan and district plan.
 Local authority may take such other measures as
may be necessary for disaster management.
Local Authorities (41, 1)

Financial Aspect – Central
Govt.
 National Disaster Response Fund (NDRF)
 National Disaster Mitigation Fund (NDMF) –
Not implemented
 Response fund will be made available to the
National Executive Committee to be applied
towards meeting the expenses for
emergency response, relief and
rehabilitation.
 The mitigation fund shall be applied by the
national authority

 State Disaster Response Fund
 District Disaster Response Fund Not
 State Disaster Mitigation Fund implemented
 District Disaster Mitigation Fund
 The State Disaster Response Fund will be
available to the State Executive Committee
 The State Disaster Mitigation Fund will be
available to state authority.
 The District Disaster Response & Mitigation
Funds will be available to district authority.
Financial Aspect – State Govt.

 Every Ministry / Department shall make
provisions in its annual budget for carrying
out activities and programmes in its disaster
management plan.
 The national, state or district authority if
satisfied can direct immediate procurement
of provisions.
 Standard procedure requiring invitation of
tenders shall be deemed to be waived.
 A certificate about utilisation of provision of
materials by the controlling office authorised
by the national, state or district authority as
the case may be shall be deemed to be a
valid document or voucher for the purpose of
Financial Aspect

Offences and Penalties
 Punishment for obstruction, refusal to comply direction
of government and authority (Imprisonment up to one
year or fine or both; If results in loss of life or imminent
danger, imprisonment up to 2 years).
 Punishment for false claim for obtaining any relief,
assistance, repair, reconstruction or other benefit
(Imprisonment up to two years and also fine).
 Punishment for misappropriation of money, materials,
etc. (Imprisonment up to two years or also fine).
 Punishment for false warning. (Imprisonment up to
one year or fine).
 Punishment for failure of officer on duty or his
connivance at the contravention of the provision of this
act. (Imprisonment up to one year or fine).
 Punishment for contravention of order made u/s 65
(Power to requisition resources, provisions, vehicle,
etc. for rescue operations, etc) (Imprisonment up to

 HOD of the departments or government will be
personally be liable to punishment unless he proves
otherwise.
 No prosecution for offences punishable under section-
55 & 56 shall instituted except with the previous
sanction of central government or state government
or any officer authorised in this behalf by general or
special order.
 No court of law shall take cognizance of an offence
under this act except on complaint made by the
national authority, state authority, district authority,
central government and statement or any authorised
person.
 A complaint made by a person can be entertained
Offences and Penalties.....
(Contd…)

Miscellaneous Powers
 No discrimination on the ground of sex, caste,
community, religion, etc in providing relief or
compensation to victims
 Central Govt. may issue directions to Ministries, NEC,
State Govt., SDMA, SEC,, statutory bodies or its officers
or employees to facilitate or assist in disaster
management
 Any officer or authority of the Union/ State Govt., when
requested by NEC or SEC or DDMA shall make
available its officers/ employees for rescue operation.
 Power of requisition of resources provisions, vehicles
etc. for rescue operations, relief work, etc.
 Direction to media for communication of warnings
 Only the Supreme Court and the High Court shall have
the jurisdiction to entertain any suit under the Act.
 Protection of action taken in good faith.
 Officers and employees of central/ state government
and authorities and executive committees shall

Nodal Ministry for Management / Mitigation
of Different Disasters

Institutional Arrangement
(State Level)
 State Government
 Revenue & Disaster management- Nodal
Department
 Special Relief Commissioner-cum-Secretary,
Disaster Management
 State Disaster Management Authority (SDMA)
chaired by Chief Minister
 State Executive Committee (SEC) chaired by
Chief Secretary of the State
 State level Committee on Natural Calamities
chaired by Chief Minister with representation of
MPs & MLAs
 Odisha State Disaster Management Authority
(OSDMA)
 Odisha Disaster Rapid Action Force (ODRAF)

Institutional Arrangement
(District Level)
 District Disaster Management Authority (DDMA)
 District level Committee on Natural Calamities
chaired by the Collector-All MPs & MLAs of the
district are members
 Collector & Dist Level officers
 Administrative machinery below Dist Level
OTHER STAKEHOLDERS
 Panchayati Raj Institutions
 Corporate and Industrial Houses
 Volunteer-based Organisations (NYK, NSS,
NCC, Civil Defence, etc.)
 Civil Society Organizations (NGO, CBO, SHG,
CSMMC, etc.)

Special Relief Commissioner
• Looks after preparedness, response, relief &
rehabilitation
• Responsible for emergency management in State
 Exercise complete control so far as relief operations are
concerned
• Timely provision of relief, rescue, rehabilitation
assistance
• Monitoring disaster response at district level
• Coordinating with Depts. for preventive/ response
measures
• Ensure correct/ proper assessment of damage
• Requisition personnel, material, building, vehicles,
vessels from any Govt. Org./ Dept./ PSU/ Pvt.
Companies/ Individuals

Special Relief Commissioner
contd…
• Advise State Govt. on disaster management
• Mobilizing support from govt. /non-govt. institutions
• Documentation and reporting to Govt.
• SRC administers funds (SDRF/ NDRF) as decided by
the State Executive Committee.
• SRC is a monitoring and funding agency
• The actual expenditure is made by the concerned
Collectors/ Line Departments/ Agencies
• After expenditure by Collectors/ Line Departments/
Agencies, SRC ensures collection of U.C.s from the
concerned recipients of SDRF/ NDRF

Collectors
• Prepare/update District DM Plans
• Coordinate with Depts./ Others for disaster response
• Issue timely warning to agencies/ Depts./ people
• Take all possible measures for management/
mitigation of calamity
• Accountable for proper utilisation of funds received
from SRC
• Seek/ mobilize support/ assistance from govt./ non-
govt. agencies for disaster response
• Coordinate/ monitor response at district level
• Furnish first information report to SRC
• Submit Reports and Returns

OSDMA
• Long term preparedness/ mitigation activities
• Capacity Building
• Community awareness
• Construction and maintenance of Flood/ Cyclone
Shelters
• Coordinate and implement reconstruction projects
• Assist in drawing up/ updating DM Plans at State/
district levels
• Advise Govt. on planning, policy aspects of DM, damage
assessment, evaluation, documentation for learning
• Coordination with non-state actors/other agencies in DM
• Link DM with community safety
• Communication Network

ORC, DM act and DM mechanism in Odisha

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