PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA—————————SRI LANKA DISASTER MANAGEMENT
ACT, No. 13 OF 2005—————————[Certified on 13th May, 2005]

Printed on the Order of Government—————————

Published as a Supplement to Part II of the Gazette of the Democratic
Socialist Republic of Sri Lanka of May 13, 2005
PRINTED AT THE DEPARTMENT OF GOVERNMENT PRINTING, SRI LANKA
TO BE PURCHASED AT THE GOVERNMENT PUBLICATIONS BUREAU, COLOMBO 1

Price : Rs. 16.25

Postage : Rs. 7.50

Sri Lanka Disaster Management
Act, No. 13 of 2005

1

[Certified on13th May, 2005]
L. D. —O. 56/90.
AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF THE NATIONAL COUNCIL
FOR DISASTER MANAGEMENT; THE DISASTER MANAGEMENTCENTRE; THE APPOINTMENT OF TECHNICAL ADVISORY COMMITTEES;
THE PREPARATION OF DISASTER MANAGEMENT PLANS; THE
DECLARATION OF A STATE OF DISASTER; THE AWARD OF COMPENSATION
AND FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO.
WHEREAS human life, property and the environment of
Sri Lanka is being threatened and endangered due to certain
disasters taking place within the territory of Sri Lanka:

Preamble.

AND WHEREAS it has become necessary to protect humanlife and property of the people and the environment of Sri
Lanka from the consequence of these disasters, by effectively
dealing with them from a national perspective by the
preparation of a national policy and a plan and by theappointment of centrally co-ordinated committees andinstitutions to give effect to such policy and plan :NOW THEREFORE be it enacted by the Parliament of the
Democratic Socialist Republic of Sri Lanka as follows :—1. This Act may be cited as the Sri Lanka Disaster
Management Act, No. 13 of 2005, and shall come into
operation on such date (hereinafter referred to as the“appointed date”) as the Minister may appoint by Orderpublished in the Gazette.

Short title.

2. (1) There shall be established a body called the
National Council for Disaster Management (hereinafter inthis Act referred to as the “Council”).

Establishment of
the National
Council for
DisasterManagement.

(2) The Council shall by the name assigned to it bysubsection (1), be a body corporate and shall have perpetual
succession and a common seal and may sue and be sued insuch name.
2 – PL 000093 — 5650 (02/2005)

2

Constitution of
the Council.

Sri Lanka Disaster Management
Act, No. 13 of 2005
3. (1) The Council shall consist of —(a) the President, who shall be the Chairman of theCouncil (hereinafter referred to as the “Chairman”);(b) the Prime Minister, who shall be the Vice-Chairmanof the Council;(c) the Leader of the Opposition;(d) the Ministers in charge of the following subjects :—
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
(ix)
(x)
(xi)
(xii)
(xiii)
(xiv)
(xv)
(xvi)
(xvii)(xviii)(xix)(xx)

Social Welfare ;Rehabilitation and Reconstruction ;Environment ;Home Affairs ;Health ;Science and Technology ;Housing ;Coast Conservation ;Irrigation ;Power ;
Defence ;Police ;Finance ;Land;
Fisheries and Aquatic Resources ;Foreign Affairs;
Water Supply;
Highways;
Urban Development
Education;(e) the Chief Ministers of every Provincial Council
established by Article 154A of the Constitution :Provided that in case where the Provincial Council is notelected for any Province, the Governor appointed for such
Province; andSri Lanka Disaster Management
Act, No. 13 of 2005

3(f) the persons referred to in subsection (3).
(2) The Council shall appoint a person to be the Secretary
to the Council, and the person so appointed shall also be amember of the Council.
(3) The Speaker shall in consultation with the Leader of
the Opposition, nominate five persons from amongst the
opposition Members of Parliament to be members of theCouncil.
(4) The Council may from time to time co-opt as a memberof the Council, any Minister in charge of any other subject
for such period as it may consider necessary.
(5) Where a subject referred to in subsection (1) is a subject
which the President has assigned to himself or is a subject
which has been assigned to the Prime Minister, a person
nominated by the President or the Prime Minister, as the casemay be, shall represent the President or the Prime Minister at
the Council.
4.

The functions of the Council shall be—(a) to formulate a national policy and program on the
management of disasters which shall providefor —(i) the protection of life of the community andenvironment from disaster and themaintenance and development of disaster
affected areas ;(ii) the effective use of resources for preparedness,prevention, response, relief, reconstruction
and rehabilitation ;(iii) the enhancement of public awareness andtraining to help people to protect themselvesfrom disasters ;Functions of theCouncil.

4

Sri Lanka Disaster Management
Act, No. 13 of 2005(iv) capacity building, among persons living inareas vulnerable to disaster, in relation to risk
management and the application of disastermanagement and mitigation practices ; and(v) pre-disaster planning, preparedness andmitigation while sustaining and further
improving post-disaster relief, recovery andrehabilitation capabilities ;(b) to prepare and formulate the National Disaster
Management Plan and the National Emergency
Operation Plan based on the national policy andprogram formulated under paragraph (a), in order toensure —(i) preparedness for disasters and any otheremergencies ;(ii) risk prevention ; and(iii) the prevention and mitigation of disaster ;(c) to monitor the implementation of the National
Disaster Management Plan and the National
Emergency Operation Plan and to submit such plans
to the Cabinet of Ministers for its approval ;(d) to facilitate emergency response, recovery, relief,
rehabilitation and reconstruction in the event of any
disaster ;(e) where it considers appropriate, to take all steps
necessary to counter any disaster or impending
disaster, in accordance with the National Disaster
Management Plan or in accordance with suchmeasures as may be decided by the Council for such
purposes ;Sri Lanka Disaster Management
Act, No. 13 of 2005

5(f) to direct, co-ordinate and monitor the activities of
the Disaster Management Centre established under
section 8 and the appropriate organizations
designated under section 21, and to ensure thatavailable resources are used effectively by such
Centre and organizations in the discharge of theirfunctions ;(g) to ensure that adequate publicity is given to the
National Disaster Management Plan and the National
Emergency Operation Plan;(h) to specify guidelines to be complied with by every
Ministry, Government Department and public
corporation in the preparation of Disaster
Management Plans under section 10;(i) to facilitate and support local and community self
reliance in the event of any potential or actual
disaster ;(j) to promote public awareness campaigns relating todisaster management and funding of research anddevelopment on disaster management ;(k) to facilitate liaison with organizations and persons
pursuing hazard, vulnerability and risk reduction
studies and implementing action programmes andcommissioning such studies and action programmes;(l) to assign functions and responsibilities to theDisaster Management Centre established under
section 8;(m) to initiate programmes relating to prevention andmitigation of disaster and the provision of relief,
rehabilitation and reconstruction;

6

Sri Lanka Disaster Management
Act, No. 13 of 2005(n) to appraise the Cabinet of Ministers on all relevant
matters connected with any potential and actual
disasters;(o) to recommend the allocation of funds for disastermanagement from the relevant authorities and bodies
and the Reconstruction and Rehabilitation Fund,established by the Reconstruction andRehabilitation Fund Act, No. 58 of 1993.

Meeting of theCouncil.

5. (1) The Council shall meet as often as may benecessary, but not less than once in every three months.
(2) The Chairman shall, if present preside at all meetingsof the Council. In the absence of the Chairman from any
such meeting of the Council, the Vice-Chairman shall presideat such meeting.
(3) Where both the Chairman and the Vice-Chairman are
not present at any meeting of the Council a member electedby the members present at the meeting from among
themselves, shall preside at such meeting.

Quorum atmeetings.

6. (1) The quorum for any meeting of the Council shallbe one-third of its total membership.
(2) The Council may regulate the procedure in regard to
the meetings of the Council and the transaction of businessat such meetings.

Seal of theCouncil.

7. (1) The seal of the Council shall be determined anddevised by the Council and may be altered in such manner as
may be determined by the Council.
(2) The seal of the Council shall be in the custody of theSecretary to the Council.
(3) The Seal of the Council shall not be affixed to any
instrument or document except with the sanction of theCouncil and in the presence of two members of the Council
who shall sign the instrument or document in token of theirpresence.

Sri Lanka Disaster Management
Act, No. 13 of 2005

7(4) The Council shall maintain a register of the
instruments and documents to which the seal of the Council
has been affixed.
8. (1) There shall be established for the purposes of thisAct, a Disaster Management Centre headed by a DirectorGeneral and such number of other directors as may be
determined by the Council. The Director-General and other
Directors shall be appointed by the Council in consultation
with the Minister.
(2) The functions of the Centre established undersubsection (1) shall be as assigned by the Council, and shall
include the following :—(a) assisting the Council in the preparation of the
National Disaster Management Plan and the National
Emergency Operation Plan and proposals for
upgrading the same when it becomes necessary ;(b) taking responsibility for the implementation of the
National Disaster Management Plan and the National
Emergency Operation Plan, and upon the
declaration of a state of disaster to direct and coordinate the implementation of the National
Emergency Operation plan;(c) ensuring that the various Disaster Management Plans
prepared by Ministries, Government Departmentsor public corporations conforms to the National
Disaster Management Plan ;(d) based on Disaster Management Plans prepared byvarious Ministries, Government Departments andpublic corporations under section 10, preparing andimplementing programmes and plans for disaster
preparedness, mitigation, prevention, relief,
rehabilitation and reconstruction activities andcoordinating of organizatins which implement such

Establishment ofDisasterManagement
Centre.

8

Sri Lanka Disaster Management
Act, No. 13 of 2005
programmes and plans and obtain financial
assistance form the Treasury for such activities andrelease the same to the relevant regions and monitor
and evaluate these activities ;(e) issuing instructions and guidelines to appropriateorganizations, non-governmental organizations,district secretaries and divisional secretaries on
activities relating to disaster management andinitiating and implementing work programmes inco-ordination with such organizations andsecretaries ;(f) promoting research and development programmes
in relation to disaster management and setting up
and maintaining a data base on disaster management;and(g) submitting reports to the Council from time to time
and whenever required by the Council in regard toits activities.

Appointment ofTechnical
Advisory
Committees.

9. (1) In the discharge of their functions under this Act,
the Council and the Disaster Management Centre shall be
assisted by such number of Techincal Advisory Committees
as shall be deemed necessary by the Council, consisting ofprofessionals and experts having expertise in relation to therespective functions and responsibilities, as the case may be,of the Council.
(2) The members of the Technical Advisory Committees
shall be appointed by the Council.
(3) The Chairmen of the Technical Advisory Committees
constituted under subsection (1), shall be appointed by theCouncil.

DisasterManagementPlan.

10. (1) It shall be the duty of every Ministry,
Government Department and public corporation to prepare a
Disaster Management Plan with respect to such Ministry,

Sri Lanka Disaster Management
Act, No. 13 of 2005

9

Government Department, or public corporation, to counterany disaster or impending disaster, based on the National
Disaster Management Plan and in accordance with suchguidelines as may be specified by the Council.
(2) The Disaster Management Centre shall, if requested
by a Ministry, Government Department or public corporationreferred to in subsection (1), extend all necessary assistanceto such Ministry, Department or Corporation, as the case may
be, in the preparation of its Disaster Management Plan.
(3) Every Ministry, Government Department and public
corporation shall on or before such date as shall be determinedby the Council by Order published in the Gazette, submit to
the Centre, a detailed Disaster Management Plan relating to
the disaster counter-measures proposed to be taken by such
Ministry, Government Department, public corporation, as thecase may be, to counter any disaster or impending disaster.
(4) The Centre shall submit every Disaster Management
Plan received by such Centre under subsection (3), to theCouncil for its approval.
11. (1) If at any time, the extent or severity of a disasteror impending disaster is or is likely to be so great, that any
counter-measures that may become necessary to counter suchdisaster or impending disaster are beyond the resources ormeans normally available to the administration, the President
may, on President’s own motion or on the advice of theCouncil, by Proclamation declare that a state of disasterexists, either in respect of any area or areas specified in suchproclamation, or of the whole country.
(2) Subject to the provisions of subsection (3), a
Proclamation made under subsection (1) shall come into
force on the date on which such Proclamation is made andshall, remain in force for a period of two months from the dateof the making of the Proclamation, and may thereafter, if
necessary, be extended for further periods not exceeding twomonths at a time.

Declaration ofstate of disaster.

10

Sri Lanka Disaster Management
Act, No. 13 of 2005

(3) A Proclamation made under subsection (1), shall beplaced before Parliament at its first sitting immediately after
the date of declaration of the Proclamation, to be approvedby a resolution of Parliament.
(4) If Parliament does not approve any Proclamation
placed before it, such Proclamation shall, immedately uponsuch disapproval, cease to be valid and have no force in law,
but without prejudice to anything lawfully done thereunder.
Procedure to befollowed upon
the declarationof a state ofdisaster.

12. (1) Upon the declaration of a state of disaster by the
President, the President shall direct any one or more
appropriate organizations designated by the Council under
section 21, to take immediate action to —(a) direct, co-ordinate and use all available resources
as may be necessary within the area or areas inrespect of which a Proclamation has been madeunder subsection (1) of section 11, to counter theefffect of the disaster or the impending disaster orto mitigate the effect of such disaster or impending
disaster ;(b) direct, co-ordinate and use additional resources, if
and when they become available, in accordance withsuch arrangements as may be made in respect of its
allocation ; and(c) take all necessary measures provided for in the
National Disaster Management Plan or the National
Emergency Operation Plan as the case may be, andin accordance with such directions that may be
issued to such appropriate organzation by the
President.
(2) Notwithstanding the provisions of subsection (1), upon
the declaration of a state of disaster by President under section
11, it shall be the duty of every Ministry, Government
Department or public corporation, to take all measures necessary
for the immediate implementation of their Disaster
Management Plans prepared under section 10 within theirrespective Ministry, Department, or Corporation, as the casemay be.

Sri Lanka Disaster Management
Act, No. 13 of 2005

11

13. (1) Notwithstanding the provisions contained in
section 12, where a state of disaster is declared under section
11, the Council may, wherever it considers necessary or
appropriate, obtain the assistance of any Non-Governmentalorganization, being a non-governmental organization whose
activities are not detrimental to national independence andsovereignty, to assist any appropriate organization in the
discharge of its duties under section 12.

Council to obtainassistance of
nongovernmentalorganizations.

(2) Where any assistance is obtained under subsection (1)from a non-governmental organization, such organization
shall act in accordance with instructions issued by theappropriate organization it is assisting and shall, for service
rendered be paid by the Council out of the Fund of theCouncil, such amount as shall be determined by the Council.
14. (1) It shall be the duty of an appropriate organization
directed to take any action under section 12, to —(a) enter any place where such appropriate organization
believes on reasonable grounds that it is necessary
to enter for the purpose of saving human life or forthe prevention of injury to human life or for the
rescuing of persons whose lives are endangered or
to facilitate the carrying out of any other urgent
measures with respect to relief from suffering anddistress of affected persons ;(b) evacuate people, property and animals from affectedor vulnerable areas ;(c) close traffic on any road, street (whether public or
private) right of way or in any public place, for the
implementation of disaster counter-measures until
the police and the armed forces arrive ;(d) remove any obstruction impeding theimplementation of disaster counter-measures withthe assistance of the police or the armed forces ; andDuties of an
appropriateorganization.

12

Sri Lanka Disaster Management
Act, No. 13 of 2005(e) do any other act as such appropriate organization
may consider reasonably necessary for the purposeof implementing effectively any disaster countermeasures or to perform any act preliminary or
incidental to any action directed to be taken bysuch appropriate organization under section 12.

(2) The duties entrusted under subsection (1) on any
appropriate organization shall be performed by suchorganization only within the area or areas in which suchorganization has been authorized to operate by theCouncil, in performing its duties under subsection (1) ofsection 12.
Award ofcompensation.

15. (1) Any person who suffers loss or damage to his or
its property by reason of any act, omission or default in taking
any action by an appropriate organization under subsection(1) of section 12 or in the perfomance of its duties under
section 14 or by a non-governmental organization assisting
an appropriate organization under section 13, or a police
officer or member of the armed forces, shall be entitled tocompensation in respect of any loss or damage caused, of anamount determined by the Divisional Secretary of theDivision within which such property is situated.
(2) The Divisional Secretary may, for the purpose ofdetermining the compensation payable under subsection (1),obtain the assistance of a government assessor.
(3) The amount of compensation paid for any loss ordamage caused to property shall, in case of dispute, be
determined by the District Court within the jurisdiction ofwhich the property is situated, on application made in thatbehalf by the person who suffered such loss or damage, by
way of summary procedure.

Sri Lanka Disaster Management
Act, No. 13 of 2005

13

16. The initial capital of the Council shall be ten million
rupees. The amount of this initial capital shall be paid out of
the Consolidated Fund and shall be credited to the Fundestablished under section 17.

Capital of theCouncil.

17. (1) The Council shall have its own Fund. There shallbe credited to the Fund of the Council—

Fund of theCouncil.

(a) money received from the Consolidated Fund, as
initial capital of the Council ;(b) all such sums of money as may be received by theCouncil in the discharge of its functions ; and(c) all such sums of money as may be received by theCouncil by way of loans, donations, gifts or grants
from any lawful source whatsoever, whether in or
outside Sri Lanka.
(2) There shall be paid out of the Fund of the Council all
such sums of money as may be required to defray any
expenditure incurred by the Council in the discharge of its
functions under this Act.
18. (1) The financial year of the Council shall be thecalendar year.

Accounts andaudit.

(2) The Council shall cause proper books of accounts tobe kept of the income and expenditure, assets and liabilities
and all other transactions of the Council.
(3) The provisions of Article 154 of the Constitution
relating to the audit of the accounts of public corporations
shall apply to and in relation to the audit of the accounts of
the Council.
19. The provisions of Part II of the Finance Act, No. 38
of 1971, shall mutatis mutandis, apply to the financial control
and accounts of the Council.

Application ofPart II of the
Finance Act, No.
38 of 1971.

14
Staff of theCouncil.

Sri Lanka Disaster Management
Act, No. 13 of 2005

20. (1) The Council may appoint such number ofofficers, servants and agents as it considers necessary for thedischarge of its functions and for the administration andimplementation of this Act.
(2) The officers, servants and agents appointed undersubsection (1) shall be remunerated in such manner and atsuch rates and shall be subject to such conditions of service
as may be determined by the Council.
(3) At the request of the Council, any officer in the public
service may with the consent of that officer and the Secretary
to the Ministry of the Minister in charge of the subject of
Public Administration, be temporarily appointed to the staffof the Council for such period as may be determined by theCouncil with like consent or be permanently appointed tosuch staff with like consent.
(4) Where any officer in the public service is temporarily
appointed to the staff of the Council, the provisions ofsubsection (2) of section 14 of the National Transport
Commission Act, No. 37 1991 shall, mutatis mutandis, apply
to and in relation to him.
(5) Where any officer in the public service is permanently
appointed to the staff of the Council, the provisions ofsubsection (3) of section 14 of the National Transport
Commission Act, No. 37 of 1991 shall, mutatis mutandis,
apply to and in relation to him.
(6) Where the Council employs any person who hasentered into a contract with the Government by which he has
agreed to serve the Government for a specified period, any
period of service with the Council by that person shall be
regarded as service to the Government for the purpose ofdischarging the obligations of such contract.

Designation of
appropriateorganizations.

21. (1) Whenever the Council considers it appropriate,
the Council may designate any Ministry, Government
Department, Public Corporation or the Disaster Management

Sri Lanka Disaster Management
Act, No. 13 of 2005

15

Centre as an appropriate organization (in this Act referred toas an “appropriate organization”) which will be required tocarry out and implement the National Disaster Management
Plan or the National Emergency Operation Plan, as the casemay be, and generally assist the Council in the discharge ofits functions.
(2) Notwithstanding the provisions of subsection (1), an
appropriate organization shall also be required to perform
any duties that it may be called upon to do under subsection(1) of section 12, and in general to assist the Council in the
discharge of its functions under this Act.
(3) The Council shall determine and specify the functions
which an appropriate organization should discharge in orderto carry out and implement the respective plans referred toin subsection (1), and where necessary issue guidelines forthe same.
(4) Where an appropriate organization is designated by
the Council under subsection (1), the Council shall by Orderpublished in the Gazette, specify the area or areas in which
each such appropriate organizations, shall carry out its
implementation activities.
(5) An appropriate organization may exercise its powers
under this Act, only through such of its officers as areespecially assigned in writing in that behalf by suchorganization.
22. (1) The Chairman may, subject to such conditions as
may be specified in writing delegate all or any of his powers,
duties or functions under this Act to any member or officer of
the Council.
(2) Notwithstanding any such delegation undersubsection (1) , the Chairman may exercise, perform ordischarge any power, duty or function so delegated.

Delegation of
powers, duties
and functions by
the Chairman.

16

Sri Lanka Disaster Management
Act, No. 13 of 2005

(3) A member or an officer of the Council to whom any
power, duty or function has been delegated under subsection(1) shall, in the exercise, performance or discharge of such
power, duty or function, comply with such directions orconditions as the Chairman may from time to timecommunicate in writing to such member or officer, as thecase may be.
(4) A member or an officer of the Council to whom any
power, duty or function has been delegated under subsection(1) shall have the power to do, all acts and things that are
incidental to the power, duty or function that is so delegated.
Protection foraction taken ingood faith.

23. No suit shall lie against a member of the Council or
any appropriate organization authorized by the President
under section 12, or police officer or a member of the armed
forces for any action which is done in good faith, in theperformance of any duty imposed upon such member,appropriate organization, police officer or a member of thearmed forces as the case may, under this Act.

Offences andpenalties.

24. Every person who assaults, obstructs, threatens,
intimidates, abuses or insults any person exercising any power
or discharging any duty conferred on or imposed on such
person by this Act, shall be guilty of an offence under this Act
and shall on conviction after summary trial before a
Magistrate be liable to imprisonment of either description
for a term not exceeding two years or to a fine not exceeding
twenty five thousand rupees, or to both such imprisonment
and fine.

Interpretation.

25.

In this Act, unless the context otherwise requires —“disaster” means the actual or imminent ocurrence of anatural or man-made event, which endangers or
threatens to endanger the safety or health of any
person or group of persons in Sri Lanka, or which
destroys or damages or threatens to destroy ordamage any property, and includes—(a) a landslide;(b) a cyclone;Sri Lanka Disaster Management
Act, No. 13 of 2005
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
(t)
(u)

17

a flood;a drought,
an industrial hazard;
a tsunami (seismic wave);
an earthquake;an air hazard;
a maritime hazard;
a fire;an epidemic;
an explosion;
air raids ;civil or internal strife ;chemical accident;
radiological emergency;
oil spills including inland and marine oilspills;nuclear disaster;urban and forest fire;
coastal erosion; andtornados, lightening strikes and severe
thunder storms;“disaster counter-measures” means measures that arenecessary or desirable to avert, minimize or counterthe effect of an impending disaster or consequent
to a disaster, to mitigate the effect of such disasteron members of the public or any property belonging
to an individual or the State, and includes the
conduct of, or participation in, training for such
purposes ;“public corporation” means any corporation, board orother body which was or is established by or under
any written law with funds or capital wholly or
partly provided by the Government from theConsolidated Fund by way of grant, loan orotherwise; and18

Sri Lanka Disaster Management
Act, No. 13 of 2005
“resources” includes manpower or animals, vehicles,boats, plant, appratus, implements, earthmoving
eqipment or other equipment of any kind, finance,storage facilities, movable and immovable property
considred essential for the life of the community.

Sinhala text toprevail in caseof inconsistency.

26. In the event of any inconsistency between the Sinhala
and Tamil texts of this Act, the Sinhala text shall prevail.

Sri Lanka Disaster Management
Act, No. 13 of 2005

19

Annual subscription of English Bills and Acts of the Parliament Rs. 885 (Local), Rs. 1,180(Foreign), payable to the SUPERINTENDENT, GOVERNMENT PUBLICATIONS BUREAU, NO. 32, TRANSWORKS
HOUSE, LOTUS ROAD, COLOMBO 01 before 15th December each year in respect of the year following.