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Section78
The Disaster Management Act, 2005

Power of State Government to make rules

In force From 28 Jul 2006 Act 53 of 2005 As on 17 Oct 2026

Act 53 of 2005 Ministry Home Affairs Enacted 23 Dec 2005 In force 28 Jul 2006 Instruments 4

Section 78 of the Disaster Management Act, 2005 deals with power of State Government to make rules. The State Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act. The Act came into force on 28 Jul 2006.

(1) The State Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:---

(a) the composition and number of the members of the State Authority under sub-section (2), and the term of office and conditions of service of the members of the State Authority under sub-section (5), of section 14;

(b) the allowances to be paid to the members of the advisory committee under sub-section (2) of section 17;

(c) the powers and functions of the Chairperson of the State Executive Committee under sub-section (3), and the procedure to be followed by the State Executive Committee in exercise of its powers and discharge of its functions under sub-section (4) of section 20;

(d) allowances to be paid to the persons associated with the sub-committee constituted by the State Executive Committee under sub-section (3) of section 21;

(e) the composition and the number of members of the District Authority under sub-section (2), and the powers and functions to be exercised and discharged by the Chief Executive Officer of the District Authority under sub-section (3) of section 25;

(f) allowances payable to the persons associated with any committee constituted by the District Authority as experts under sub-section (3) of section 28;

1[(fa) the powers, functions and other matters relating to Urban Authority under sub-section (6) of section 41A;

(fb) the manner of constitution of State Disaster Response Force, its functions and the terms and conditions of service of members of such Force under sub-section (2) of section 44A;]

(g) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made by rules.

(3) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House before that House.

Section 78, 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.

This section refers to

  1. s. 14 Establishment of State Disaster Management Authority
  2. s. 17 Constitution of advisory committee by the State Authority
  3. s. 20 Constitution of State Executive Committee
  4. s. 21 Constitution of sub-committees by State Executive Committee
  5. s. 25 Constitution of District Disaster Management Authority
  6. s. 28 Constitution of advisory committees and other committees
  7. s. 41A Urban Disaster Management Authority
  8. s. 44A State Disaster Response Force

Made under this section, and citing it

4 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 78

What does Section 78 of the Disaster Management Act deal with?

Section 78 of the Disaster Management Act is headed "Power of State Government to make rules". The State Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.

How do I find court cases under Section 78 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 78, section 78 Disaster Management Act 2005, section 78 of the Disaster Management Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.

What should I read with Section 78 of the Disaster Management Act, and has it changed?

Its own text turns on section 14 (Establishment of State Disaster Management Authority), section 17 (Constitution of advisory committee by the State Authority), section 20 (Constitution of State Executive Committee), section 21 (Constitution of sub-committees by State Executive Committee), and on 4 further provisions, so none of them can safely be read on its own. The rules and notifications made under it are where it actually bites, and there are 4: most recently बिहार राज्य आपदा प्रबंधन प्राधिकरण (कृत्य एवं प्रबंधन) नियमावली, 2012 (2013), then बिहार राज्य आपदा प्रबंधन प्राधिकरण (कृत्य एवं प्रबंधन) नियमावली, 2012 (2013), and 2 more.

When did Section 78 of the Disaster Management Act come into force?

Section 78 of the Disaster Management Act, cited as Disaster Management Act 2005 78, 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 17 Oct 2026. This page is not a substitute for legal advice.