Establishment of State Disaster Management Authority
Section 14 of the Disaster Management Act, 2005 deals with establishment of State Disaster Management Authority. 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 Governmen The Act came into force on 28 Jul 2006.
(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.
Section 14, The Disaster Management Act, 2005 (Act 53 of 2005).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Souvik Pal vs The State of West Bengal
Court's Decision & Legal Precedent
Deciding the batch challenge to the UGC's revised examination guidelines, the Court held that a State Disaster Management Authority established under the Act may, in a pandemic situation, defer the holding of final year university examinations, the Act's non obstante clause giving its measures overriding effect over inconsistent law; but the State Authority cannot direct the promotion of students without any examination, since prescribing examination standards remains the UGC's domain.
On this section: It marks the outer limit of what a State Authority constituted under Section 14 may do in exercise of its disaster-management powers when its decision collides with a central regulator's statutory function.
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Praneeth K vs University Grants Commission (ugc)
Court's Decision & Legal Precedent
The University Grants Commission has competence under Entry 66 of List I of the Seventh Schedule of the Constitution to issue guidelines regarding standards of examination as part of coordination and determination of standards in higher education. Such guidelines are statutory in nature and binding on universities. While the State Disaster Management Authority can take a decision not to hold final year examinations by the prescribed deadline in exercise of powers under the Disaster Management Act, 2005, the State cannot promote final year students without holding examinations as such promotion falls outside the jurisdiction of the Disaster Management Act and violates the UGC guidelines which have precedence under Entry 66 of List I.
On this section: Section 14 provides for establishment of State Disaster Management Authority with the Chief Minister as Chairperson. The Court noted that the State Disaster Management Authority is empowered to take measures for prevention and mitigation of a disaster.
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Chikithsaneethi vs State of Kerala
Court's Decision & Legal Precedent
Setting out Section 14 in full along with Sections 18, 20 and 23, the Division Bench held that a decision of the Chairperson of the State Executive Committee of the State Disaster Management Authority permitting 500 invitees at a swearing-in ceremony during a triple lockdown is amenable to judicial review; it declined to quash the order in its entirety but, noting that the order recorded no expert or medical opinion and that infections and deaths had not abated, directed that the lockdown guidelines be strictly adhered to and that the number of attendees be cut down.
On this section: It shows the State Authority constituted under Section 14, and its Executive Committee Chairperson acting for it, being held to the Act's own guidelines when relaxing restrictions for a government function.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… The Union of India, through the Chairperson and the Members of the National Disaster Management Authority constituted u/s 3 of the Disaster Management Act, 2005 South Block, New Delhi. - 2. The State of Bihar, through the Chairperson and the Members of the National Disaster Management Authority constituted u/s 14 of the Disaster Management Act, 2005 South Block, New Delhi. - 3. The District Magistrate, Bhagalpur, the Government of Bihar, Bhagalpur. - 4. The Collector, Bhagalpur the Government of Bihar, Bhagalpur. - 5. The Sub Divisional Officer, The S.D.O. Bhagalpur the Government of Bihar Bhagalpur. - 6. The Circle …
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… in the Official Gazette appoint; and different dates may be appointed for different provisions of the Act and for different States, and any reference to commencement in any provisions of this Act in relation to any State shall be construed as a reference to the commencement of that provision in that State. 13. Section 14 of the Disaster Management Act, 2005 reads thus: " 14. 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 …
Made under this section, and citing it
5 instruments name this provision in its title or its text without being made under it.
- Central Govt. appointed the 1st August. 2007 as the date on which the provisions of Sections 14-34, 38-41, 48. 51-69. 70(2), 71-74, 78 & 79 into force in the whole of India.Notification 2007
- Notification regarding Central Govt. appointed the 1st Aug, 2007 as the date on which the provisions of sections 14-34, 38-41, 48, 51-69, 70(2), 71-74, 78 & 79 into force in the whole of IndiaOrder 2007
- बिहार राज्य आपदा प्रबंधन प्राधिकरण (कृत्य एवं प्रबंधन) नियमावली, 2012Notification 2013
- बिहार राज्य आपदा प्रबंधन प्राधिकरण (कृत्य एवं प्रबंधन) नियमावली, 2012Rule 2013
- The Disaster Management (Notice of Alleged Offence) Rules, 2007Rule 2007
Questions about Section 14
What have the courts held on Section 14 of the Disaster Management Act?
Souvik Pal vs The State of West Bengal (28 Aug 2020) is the leading judgment on this section among those set out below: It marks the outer limit of what a State Authority constituted under Section 14 may do in exercise of its disaster-management powers when its decision collides with a central regulator's statutory function. Another 2 judgments on this section are set out below, 2 of them from the Supreme Court. They run from 2020 to 2021.
How do I find court cases under Section 14 of the Disaster Management Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Disaster Management Act 2005 14, section 14 Disaster Management Act 2005, section 14 of the Disaster Management Act. People searching for it also type disaster management act 2005 section 14. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Souvik Pal vs The State of West Bengal (28 Aug 2020).
What should I read with Section 14 of the Disaster Management Act, and has it changed?
Its own text turns on section 3 (Establishment of National Disaster Management Authority), so none of them can safely be read on its own. 4 other provisions in this corpus refer back to it. 5 instruments name it without being made under it, most recently Central Govt. appointed the 1st August. 2007 as the date on which the provisions of Sections 14-34, 38-41, 48. 51-69. 70(2), 71-74, 78 & 79 into force in the whole of India. (2007), then Notification regarding Central Govt. appointed the 1st Aug, 2007 as the date on which the provisions of sections 14-34, 38-41, 48, 51-69, 70(2), 71-74, 78 & 79 into force in the whole of India (2007).
When did Section 14 of the Disaster Management Act come into force?
Section 14 of the Disaster Management Act, cited as Disaster Management Act 2005 14, came into force on 28 Jul 2006, having been enacted on 23 Dec 2005. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions1200 words
- 30. Powers and functions of District Authority861 words
- 6. Powers and functions of National Authority703 words
- 42. National Institute of Disaster Management566 words
- 66. Payment of compensation533 words
- 18. Powers and functions of State Authority473 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 18 Oct 2026. This page is not a substitute for legal advice.