S.1 Short title, extent and commencement

       (1) This Act may be called the Civil Defence Act, 1968."
       (2) It extends to the whole of India.
       (3) It shall come into force in a State or part thereof on such date1, not being a date earlier than the date of the expiry of the Defence of India Act, 1962 (51 of 1962), as the Central Government may, by notification, appoint and different dates may be appointed for different States or different parts thereof.
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       1. Came into force on 10-7-1968 (in the whole of India), vide S.O. 2435, dated 5th July, 1968, published in the Gazette of India, 1968, Extra., Pt. II, Sec. 3(ii), p. 761.

S.2 Definitions

       In this Act, unless the context otherwise re­quires,—
       (a) “civil defence” includes any measures, not amounting to actual combat, for affording protection to any person, property, place or thing in India or any part of the territory thereof against any hostile attack, whether from air, land, sea or other places, or, for depriving any such attack of the whole or part of its effect, whether such measures are taken before, during, at or after the time of such attack;
       (b) “Civil Defence Corps” means the Corps formed wholly or mainly to meet the needs of civil defence and includes an organisation deemed to be a Corps under the proviso to sub-section (1) of section 4;
       (c) “hostile attack” means any attack by any person or body of persons, whether during any war, external aggression, internal

S.3 Power to make rules for civil defence

       (1) The Central Gov­ernment may, for securing civil defence, by notification, make rules providing for all or any of the following matters, namely:—
       (a) preventing the prosecution of any work likely to prejudice civil defence;
       (b) instruction of members of the public regarding civil defence and their equipment for the purpose of such defence;
       (c) provision, storage and maintenance of commodities and things required for civil defence;
       (d) prohibiting or regulating traffic, and the use of vessels, buoys, lights and signals in ports and territorial, tidal and inland waters;
       (e) control of lights and sounds;
       (f) protection of life and property by

S.4 Constitution of Civil Defence Corps

       (1) The State Government may constitute, for any area within the State, a body of persons to be called the Civil Defence Corps (hereinafter referred to as the “Corps”) and may appoint a person, not being, in its opinion, below the rank of a District Magistrate (to be known as the “Controller”) to command such Corps:
       Provided that if there is in existence in any area in a State, immediately before the commencement of this Act in that area, an organisation which, in the opinion of the State Government, may be entrusted with the functions of the Corps, the State Govern­ment may, instead of constituting a separate Corps for such area, call upon that organisation to take over or discharge the functions of the Corps in that area, and thereupon such organisa­tion shall be deemed, for the purpose of this Act, to be the Corps for that area.
       (2) T

S.5 Appointment of members and officers

       (1) The State Govern­ment may appoint as members of the Corps persons who are fit and willing to serve as such and the Controller may appoint any member so appointed to such office or command in the Corps, as such member is, in the opinion of the Controller, fit to hold.
       (2) Every person appointed to be a member of the Corps shall be given a certificate of membership in such form as may be pre­scribed.

S.6 Dismissal of members of Civil Defence Corps

       (1) Where any member of the Corps fails or has failed, in the opinion of the Controller, to discharge his duties as such member satisfactorily or is or has been found guilty of any misconduct in the discharge of his duties as such member, the Controller may, after an in­quiry in which such member of the Corps has been given a reason­able opportunity of being heard in respect of the charges against him, by an order, dismiss such member from the Corps.
       (2) Where the Controller is of opinion that the continued pres­ence of any member of the Corps is undesirable, he may, without assigning any reason, summarily dismiss such member from the Corps.

S.7 Appeal

       A member of the Corps who is dismissed from the Corps under section 6 may prefer an appeal to the State Govern­ment within thirty days from the date of such dismissal and that Government may, on such appeal, confirm, modify or reverse the order made by the Controller or other authority.

S.8 Functions of members of Civil Defence Corps

       (1) The members of the Corps shall perform such functions in relation to the carrying out of measures for civil defence as may be assigned to them by rules made under this Act or by any other law for the time being in force.
       (2) The State Government or the Controller may, by order, call out a member of the Corps for training or for discharging such functions in relation to the carrying out of measures for civil defence as may be specified in such order.
       (3) Subject to such orders as the Central Government may make in this behalf, any member of the Corps of any State may at any time be required, by order, to discharge functions in relation to civil defence in any other State and shall while discharging such functions, be deemed to be a member of the Corps of that other State and be vested with the powers, functions and privileges and be s

S.9 Power to make regulations

       (1) The Central Government may, by notification, make regulations for carrying out the purposes of this Chapter.
       (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may—
       (a) prescribe the functions of the members of the Corps and regulate the manner in which they may be called out for service;
       (b) regulate the organisation, appointment, conditions of service, discipline, accoutrement and clothing of members of any or all of the Corps;
       (c) prescribe the form of certificates of membership of any or all of the Corps.

S.10 Provisions of the Personal Injuries (Emergency Provisions) Act to apply to injuries sustained by the members of the Corps

       The provisions of the Personal Injuries (Emergency Provisions) Act, 1962 (59 of 1962), and of every scheme made thereunder shall apply, so far as may be, to every personal service injury sustained by any person appointed to be a member of the Corps as they apply to personal service injury sustained by a civil defence volunteer, subject to the modifications that--
       (a) any reference to a civil defence volunteer under that Act or any scheme made thereunder shall be construed as raeference to a member of the Corps; and
       (b) any reference therein to the period of emergency shall, in relation to a member of the Corps, be construed as the period during which this Act is in force.

S.11 Penalties

       (1) If any member of the Corps on being called out by an order under sub-section (2) of section 8 neglects or refuses without sufficient excuse to obey such order or to discharge his functions as such member or to obey any lawful order or direction given to him for the performance of his functions, he shall be punishable with fine which may extend to five hundred rupees, and where such neglect or refusal is a continuing one, with a further fine which may extend to fifty rupees for every day, after the first, during which such contravention continues.
       (2) If any person neglects or fails without any reasonable excuse to obey any order made or direction given to him under this Act or rules made thereunder, he shall be punishable with fine which may extend to five hundred rupees, and where such negligence or failure is a continuing one, with a further fine which may extend to fifty rup

S.12 Effect of Act and rules, etc., inconsistent with other enactments

       (1) The provisions of this Act or any rules made thereunder or any order made under this Act or any such rule shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or in any instrument having effect by virtue of any enactment other than this Act.
       (2) Every appointment, order or rule made in relation to civil defence before the commencement of this Act by or under any law relating to civil defence shall, in so far as it is not inconsistent with the provisions of this Act, continue to be in force until it is rescinded or altered under this Act, and be deemed to have been made under the corresponding provisions of this Act.
       Explanation.--"Commencement of this Act", in relation to any provision or area, means the commencement of that provision or, as the case may be, the commencement

S.13 Ordinary avocations of life to be interfered with as little as possible

       Any authority or person acting in pursuance of this Act shall interfere with the ordinary avocations of life and the enjoyment of property as little as may be consonant with the purpose of ensuring the public safety and civil defence.

S.14 Savings as to orders

       (1) No order made in exercise of any power conferred by or under this Act shall be called in question in any court.
       (2) Where an order purports to have been made and signed by any authority in exercise of any power conferred by or under this Act, a court shall, within the meaning of the Indian Evidence Act, 1872 (1 of 1872), presume that such order was so made by that authority.

S.15 Act not to apply to measures taken for the protection of the Armed Forces

Nothing contained in this Act or any rule, regulation or order made thereunder shall apply to the Armed Forces of the Union or to any measures taken by any of the authorities in control of the Armed Forces of the Union for the purpose of securing civil defence or safety of such forces or for the protection of any naval, military or air force installations of stores.

S.16 Limitation of prosecutions

       No prosecution for any offence punishable under this Act shall be instituted against any person except by, or with the consent of, the Controller or any person authorised by the Controller in this behalf.

S.17 Power to delegate

       The State Government may, by notifica­tion, direct that—
       (a) all or any of the powers which may be exercised by it under this Act shall, in such circumstances and under such conditions, if any, as may be specified in that notification, be exercised also by such officer, not being, in the opinion of the State Government, inferior in rank to that of a District Magistrate, as may be specified in the said notification;
       (b) all or any of the powers which may be exercised by the Controller under this Act shall, in such circumstances and under such conditions, if any, as may be specified in that notification, be exercised also by such officer, not being, in the opinion of the State Government, inferior in rank to that of a Sub-Divisional Magistrate, as may be specified in the said notifica­tion.

S.18 Protection of action taken in good faith

       (1) No suit, prosecution or other legal proceeding shall lie against the Government, the Director or the Controller or any person, authorised by the Government or the Controller, for anything which is in good faith done or intended to be done under this Act or any rules or orders made thereunder or any order issued under any such rule.
       (2) No suit or other legal proceeding shall lie against the Government, the Director or the Controller or any person, authorised by the Government or the Controller, for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this Act or any rule made thereunder or any order issued under any such rule.

S.19 Authorised persons and members of Corps to be public serv­ants

       Any person authorised by the Controller or the State Government under this Act and every member of the Corps, while functioning as such, shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, (45 of 1860).

S.20 Rules and regulations to be laid before Parliament

       Every rule and every regulation made by the Central Government under this Act shall be laid as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or 1[in two or more successive sessions, and if, before the expiry of the session immediately following the session or the succes­sive sessions aforesaid] both Houses agree in making any modifi­cation in the rule or regulation or both Houses agree that the rule or regulation, as the case may be, should not be made, the rule or regulations shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, howev­er, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.
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