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CIVIL DEFENCE ACT

Ministry of Law and Justice

Act nº 27 of 1968


  • Chapter I
  • Chapter II
  • Chapter III
  • Chapter IV
  • Act nº 27 of 1968

Preamble

THE CIVIL DEFENCE ACT, 1968

[Act, No. 27 of 1968]

[24th May, 1968]

PREAMBLE

An Act to make provision for civil defence and for matters connected, therewith.

Be it enacted by Parliament in the Nineteenth Year of the Republic of India as follows:--

Chapter I

Section 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.

1. Came into force on 10-7-1968 (in the whole of India) : vide Notification No. 2435, dated 5th July, 1968. Published in the Gazette of India, 1968, Extra., Pt. II, Sec. 3(ii), p. 761.


Section 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 1[or any measure taken for the purpose of disaster management, before, during, at, or after any disaster];

(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 disturbance or otherwise which endangers the security of any life, property, place or thing in India or any part of the territory thereof;

(d) "notification" means a notification published in the Official Gazette;

(e) "personal service injury" has the meaning assigned to it in the Personal Injuries (Emergency Provisions) Act, 1962 (59 of 1962);

(f) "State Government", in relation to a Union territory, means the Administrator of the Union territory.

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

(h) "disaster management" means the disaster management as defined in clause (e) of section 2 of the Disaster Management Act, 2005(53 of 2005).]

1. Inserted by the Civil Defence (Amendment) Act, 2009.


Chapter II

Section 3. Power to make rules for civil defence

(1) The Central Government: may, forsecuring civil defence, by notification, makerules providing for all or any of the following matters, namely:--

(a)preventingthe prosecution of any work likely to prejudice civil defence;

(b)instructionof members of the public regarding civil defence and their equip ment for thepurpose of such defence;

(c)provision,storage and maintenance of commodities and things required for civil defence;

(d)prohibitingor regulating traffic, and the use of vessels, buoys, lights and signals inports and territorial, tidal and inland waters;

(e)controlof lights and sounds;

(f)protection of life and property by taking fire prevention and other measures;

(g)securing of any buildings, premises or other structures from being readily recognisablein the event of a hostile attack;

(h)for the prevention of danger to life or property, the demolition, destruction orrendering useless, of any building, premises or other structures or any other property;

(i)prohibiting or regulating the possession, use or disposal of--

(i)explosives, inflammable substances, corrosive and other dangerous substances orarticles, arms and ammunition;

(ii)vessels;

(iii)wireless telegraphic apparatus;

(iv)aircraft; and

(v)photographic and signalling apparatus and any means of recording information;

(j)evacuation of areas and the removal of property or animals therefrom;

(k)accommodation in any area of persons evacuated from another area and the regulationof the conduct of evacuated persons accommodated in such area;

(l)billeting of evacuated persons or persons authorised to perform functions underthis Act;

(m)salvage of damaged buildings, structures and property and disposal of the dead;

(n)seizure and custody or destruction of injured, unclaimed or dangerous animals;

(o)ensuring the safety of---

(i)ports, dockyards, lighthouses, lightships, aerodromes and facilities associatedwith aerial navigation;

(ii)railways, tramways, roads, bridges, canals and all other means of transport byland or water;

(iii) telegraphs, post offices, signallingapparatus and all other means of communication;

(iv)sources and systems of water supply, works for the supply of water, gas orelectricity and all other works for public purposes;

(v)vessels, aircraft, transport vehicles as defined in the Motor Vehicles Act,1939 (4 of 1939), and rolling stocks of railways and tramways;

(vi)warehouses and all other places used or intended to be used for storage purposes;

(vii)mines, oilfields, factories or industrial or commercial undertakings generally,or any mine, oilfield, factory or industrial or commercial undertaking inparticular;

(viii)laboratories and institutions where scientific or technological research or trainingis conducted or imparted;

(ix)all works and structures being part of, or connected with, anything earlier mentionedin this clause; and

(x)any other place or thing used or intended to be used for the purposes ofGovernment or a local authority or a semi-Government or autonomous organisation,the protection of which is considered necessary or expedient for securing civildefence;

(p)control of any road or pathway, waterway, ferry or bridge, river, canal orother source of water supply;

(q)precautionary measures, which the Government or any department thereof or anylocal authority, members of police force, fire brigade and members of any otherservice or authority employed primarily for purposes other than civil defencepurposes should be required to take within their respective jurisdictions orwith respect to any personnel employed by them:

(r)preventing or controlling any use of uniforms, whether official or otherwise, orflags or official decorations like medals, badges or other insignia or anythingsimilar thereto, the wearing of which is calculated to deceive or to prejudicecivil defence;

(s)precautions to be taken or action to be taken by persons or authorities with aview to protecting or acquainting the general public or any members thereofagainst the dangers involved in any apprehended hostile attack;

(t)requiring the owner or occupier of any building, structure or premises to makeor carry out such arrangements as may be necessary for the purposes ofdetection and prevention of fire;

(u)taking of specified measures for dealing with outbreaks of fire;

(v)directing that, subject to any specified exemption, no person present in any specifiedarea shall, between such hours as may be specified, be out of doors, exceptunder the authority of a written permit granted by a specified authority orperson;

(w)(i) prohibiting the printing and publication of any newspaper, news-sheet, bookor other document containing matters prejudicial to civil defence;

(ii) demanding security from any press usedfor the purpose of printing or publishing, and forfeiting the copies of, anynewspaper, news-sheet, book or other document containing any of the mattersreferred to in sub-clause (i);

(x)regulating the conduct of persons in respect of areas the control of which isconsidered necessary or expedient, the removal of persons from such areas;

(y)requiring any person or class of persons to comply with any scheme of civildefence;

(z)any other provision which may be necessary for the purposcs of civil defence.

(2)Anyrule made under sub-section (1) may provide that orders with regard to the mattersspecified therein may be made by the State Government.

(3)Anyrule made under sub-section (J) may provide that a contravention thereof or anyorder made thereunder shall be punishable with fine which may extend to fivehundred rupees, and where the contravention is a continuing one, with a furtherfine which may extend to fifty rupees for every day, after the first, duringwhich such con travention continues.

Chapter III

Section 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) The State Government may, for the purpose of co-ordinating the activities of the Controllers within the State, appoint a Director of Civil Defence and every Controller shall comply with the directions given by such Director.

Section 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.

Section 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.

Section 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.

Section 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 subject to the liabilities of a member of the Corps in that other State.

Section 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 o'f the Corps;

(c) prescribe the form of certificates of membership of any or all of the Corps.

Chapter IV

Section 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.