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Section72
The Disaster Management Act, 2005

Act to have overriding effect

In force From 28 Jul 2006 Act 53 of 2005 As on 16 Oct 2026

Act 53 of 2005 Ministry Home Affairs Enacted 23 Dec 2005 In force 28 Jul 2006 Instruments 2

Section 72 of the Disaster Management Act, 2005 deals with act to have overriding effect. The provisions of this Act, shall have effect, notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act. The Act came into force on 28 Jul 2006.

The provisions of this Act, shall have effect, notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.

Section 72, The Disaster Management Act, 2005 (Act 53 of 2005).

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.

  1. Praneeth K vs University Grants Commission (ugc)

    Supreme Court of India 28 Aug 2020 Binding (Supreme Court) Reportable

    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 72 provides that 'The provisions of this Act, shall have effect, notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.' The Court held that this non-obstante clause gives overriding effect to the provisions of the Disaster Management Act, 2005 over any inconsistent provisions in other laws, and therefore the decision of the State Disaster Management Authority not to hold examinations by 30.09.2020 shall override the UGC guidelines regarding the deadline.

    Read the full order on eCourts India

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.

Made under this section, and citing it

2 instruments state that it was made under this provision — the power to make it comes from here, so a change to any of them changes what this section requires in practice. Newest first.

All subordinate legislation

Questions about Section 72

What have the courts held on Section 72 of the Disaster Management Act?

Praneeth K vs University Grants Commission (ugc) (28 Aug 2020) is the leading judgment on this section among those set out below: Section 72 provides that 'The provisions of this Act, shall have effect, notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.' The Court held that this non-obstante clause gives overriding effect to the provisions of the Disaster Management Act, 2005 over any inconsistent provisions in other laws, and therefore the decision of the State Disaster Management Authority not to hold examinations by 30.09.2020 shall override the UGC guidelines regarding the deadline.

How do I find court cases under Section 72 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 72, section 72 Disaster Management Act 2005, section 72 of the Disaster Management Act. People searching for it also type section 72 of disaster management act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Praneeth K vs University Grants Commission (ugc) (28 Aug 2020).

What should I read with Section 72 of the Disaster Management Act, and has it changed?

The rules and notifications made under it are where it actually bites, and there are 2: 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 72 of the Disaster Management Act come into force?

Section 72 of the Disaster Management Act, cited as Disaster Management Act 2005 72, 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

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 16 Oct 2026. This page is not a substitute for legal advice.