THE CIVIL DEFENCE ACT, 1968

1968 · State unknown · central · act_text

Sections (32)

1 · Short title, extent and commencement . — (1) This Act may be called the Civil Defence Act, 1968.

2 · Definitions . — In this Act, unless the context otherwise requires,—

1 · [(g) " disaster" means a disaster as defined in clause (d) of section 2 of the Disaster Management Act, 2005(53 of 2005);

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:—

1 · 1st October, 1975, vide notification No. S.O.478(E),dated 8th September, 1975, extended and brought into force in the State of Sikkim.

2 · . 10th July, 1968, vide notification No. S.O.2435(E), dated 5th July, 1968 , see Gazette of India, Extraordinary, Part II, sec. 3 (ii).

3 · Ins. by Act 3 of 2010, s. 2 (w.e.f. 21-1-2010).

1 · (3) Any rule made under sub-section (1) may provide that a contravention thereof or any order made thereunder shall be punishable with fine which may extend to five hundred rupees, and where the contravention 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.

1 · Subs. by Act 42 of 1971, s. 6 (during emergency and six months thereafter) (w.e.f.3-12-1971).

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:

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.

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 .

7 · Appeal . —A —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.

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.

9 · Power to make regulations . — (1) The Central Government may, by notification, make regulations for carrying out the purposes of this Chapter.

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—

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.

1 · (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 rupees for every day, after the first, during which such negligence or failure continues.

12 · Effect of Act and rules, etc., inconsistent with other enactments . — (1) The provisions of this Act or any rules 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.

13 · Ordinary avocations of life to be interfered with as little as possible . —A —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.

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.

15 · Act not to apply to measures taken for the protection of the Armed Forces . —N —Nothing contained in this Act or any rule, regulation or order made thereunder shall apply to the Armed Forces of

1 · Sub -section (2) omitted by Act 42 of 1971, s. 6 (during emergency and six months thereafter) and restored thereafter (w.e.f. 3-12-1971).

16 · Limitation of prosecutions . —N —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.

1 · [16A. Power of the Central Government to delegate . — The Central Government may, by order, direct that any power or duty, which by this Act or any rule made thereunder is conferred or imposed upon the Central Government shall, in such circumstances and under such conditions, if any, as may be specified in the direction, be exercised or discharged also by any officer or authority subordinate to the Central Government.

16B · Effect of order made by the Central Government, etc . —A —Any order made by the Central Government or the officer or authority authorised by it under section 16A in relation to a matter to which this Act or any rule made thereunder relates shall have effect, notwithstanding anything contained in any order made by the State Government or any other authority with regard to such matter.]

17 · Power to delegate . — The State Government may, by notification, direct that—

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 orders issued under any such rule.

19 · Authorised persons and members of the Corps to be public servants . —A —Any person authorised by 1 [the Central Government] 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).

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 2 [in two or more successive sessions, and if, f, 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 regulation 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.

1 · Ins. by Act 42 of 1971, s. 6 (during emergency and six months thereafter) (w.e.f. 3-12-1971).

2 · Subs. by Act 20 of 1983, s. 2 and the Schedule, for certain words (w.e.f. 15-3-1984).

Subordinates (4)

MINISTRY OF HOME AFFAIRS

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MINISTRY OF HOME AFFAIRS

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MINISTRY OF HOME AFFAIRS NOTIFICATION New Delhi, the I0th July. 1968 THE CIVIL DEFENCE REGULATIONS. 1968

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MINISTRY OF HOME AFFAIRS

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