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Date - 01.07.2020
Day - Day 2
Legal Legislation

THE CIVIL DEFENCE ACT, 1968

INTRODUCTION
The Civil Defence Act, 1968 was enacted by the Parliament of India on 24th of May, 1968 to
formulate the provisions for the various topics connected with civil defence. This Act of Civil
Defence contains 4 chapters namely, Preliminary, Powers of Central Government to make
rules for Civil Defence, Civil Defence Corps and Miscellaneous. The 4 chapters are further
subdivided into 20 sections. By the virtue of this Act civil defence has been properly defined
and given a specified meaning. It means any method used or in use for the safety of any
person, the property of a person, place or article situated or placed in India or within any part
of the Indian territory against any hostile violence but does not include real combat or battle
or fight. In simpler terms, it can also be defined as efforts to protect the citizens of India.
The Civil Defence Act, 1968 defines civil defence as any measure which is taken that
protects persons, property and places in India from hostile attack and not amounting to an
actual fight. It includes measures which deprive such attacks of its effect. The measures may
be taken before, after or during such an attack has taken place.

STATEMENT OF OBJECTS AND REASONS

1. In the year 1962, after the invasion of Chinese in India, to minimise the loss of lives,
maintain continuity of prohibition and to restore the disrupted services quickly it was
felt that Civil Defence measures should be adopted. Especially, such measures were
needed in places which were the most likely targets of enemy air attack. To provide
the legal cover, a Chapter on this subject was included in the Defence of India Act,
1962 and rules for Civil Defence services were framed.
2. However, this law ceased to be operative six months after the revocation of the
emergency. But the Civil Defence Organisation continued providing the necessary
machinery or equipment for raising and training the volunteers to make the various
Civil Defence services stronger. Moreover, the Civil Defence Organisation made
other necessary preparations to enable the authorities to adopt Civil Defence
measures at a short notice wherever in need.
3. The Bill aims at continuous maintenance of Civil Defence services which are already
in position in the States and Union territories. It also enables the Central Government
of India and the State Governments of India to extend their scope of Civil Defence if
and when it may become necessary to do so.
4. This Bill incorporates all the provisions of Chapter 111,5f the Defence of India
Act,1962 and other relevant provisions which are spread over other Chapters of the
Defence of India Act and Rules. It also provides for payment of compensation to Civil
Defence volunteers for injuries sustained while they were on duty.
THE AMENDMENT BILL
The Civil Defence Amendment Bill, 2009 expands the definition of the term ‘Civil Defence’ to
include “any measure taken for disaster management before, during, at or after any
disaster”. The Bill defines “disaster” and “disaster management” as defined in the Disaster
Management Act, 2005.
This Bill makes amendments in the Civil Defence Act, 1968 to enable the provisions of that
Act to be applied during disasters. Currently, these provisions may be used only at times of a
hostile attack.
Two key issues need to be considered-
● Is it proper to equate the measures which are needed to combat or fight a disaster
with those who need to combat or fight hostile attack during the war, external
aggression or internal disturbances?
● For disaster management, should the Central Government of India be given the
power to frame rules such as those listed under the Civil Defence Act, 1968? Does
this comply with the spirit of federalism anticipated or envisaged in the Constitution?
LATEST CONTRIBUTION OF CIVIL DEFENCE ORGANISATION
● 50,000+ Civil Defence volunteers are assisting in the implementation of measures
undertaken to stop the spread of Covid-19.
● The Central Government has made arrangements for Personal Protective Equipment
for the workers.
● Civil Defence volunteers are continuously arranging for hunger help and elder
citizens.
● Civil Defence volunteers are making a continuous supply of essential materials in the
household available.
● Civil Defence volunteers are distributing PPEs, masks and sanitisers.
● Civil Defence volunteers are setting up community kitchens and shelter homes for
stranded citizens.
EXPLANATION OF SECTIONS
Section 1 → Short title, extent and commencement
This section states that this Act extends to the whole of India and is named as The Civil
Defence Act, 1968.
Section 2→ Definition
This Act defines the terms - civil defence, civil defence corps, hostile attack, notification,
state government and disaster.
(a) The term ‘civil defence’ means any measures which are taken to protect any person,
person's property, place or thing in India against any hateful attack either via air, land
or sea, not amounting to actual fighting;
(b) The term ‘civil defence corps’ includes the corps which are mainly formed for the
purpose to meet the needs of civil defence;
(c) The term ‘hostile attack’ means any attack by any individual or group of individuals,
whether during a war or external hatred or internal clashes which puts the security of
the nation in danger;
(d) The term ‘notification’ is referred to the one which is published in the Official Gazette;
(e) The term ‘personal service injury’ is defined in the Personal Injuries (Emergencies
Provisions) Act, 1962;
(f) The term ‘state government’ is used about the administrators of the union territories.
(g) The term ‘disaster’ is defined in Section 2(d) of the Disaster Management Act, 2005
(h) The term ‘disaster management’ is defined in Section 2(e) of the Disaster
Management Act, 2005
Section 3→ Powers to make rules for Civil Defence
(1) To secure civil defence the Central Government holds the power to make rules
by notification in regards to the matters stated below-
(a) The Central Government can prevent the prosecution of any kind of work
which creates fear or hatred towards civil defence;
(b) The Central Government can provide the public with instructions regarding
civil defence and the purpose of such civil defence;
(c) The Central Government can make provisions, storages and maintenance
of the commodities and other necessary items required for civil defence;
(d) The Central Government can prohibit or regulate the traffic rules, the use
of vessels, lights, buoys and signals in ports, territorial, tidal and inland
waters;
(e) The Central Government can control the lights and sounds;
(f) The Central Government holds the power to protect lives and property by
taking various measures of fire prevention and other steps;
(g) The Central Government can secure any building or premises or other
structures in the event of a hostile attack;
(h) The Central Government holds the power to prevent the danger to life and
property by demolition, destruction of any structure;
(i) The Central Government can prohibit the use, possession and disposal of
explosives, inflammable, arms & ammunition, vessels, aircraft, wireless
traffic apparatus, photographic & signalling apparatus and any other
dangerous substances;
(j) The Central Government holds the power to evacuate the areas and
remove the property or animals from a place;
(k) The Central Government can accommodate any individual who has been
evacuated from another area in any area;
(l) The Central Government can billet evacuated people who are authorised
to perform functions under this Act;
(m)The Central Government can salvage damaged buildings, structures and
property and disposal of the dead;
(n) The Central Government can seize, take into custody or destroy the
unclaimed or dangerous animals;
(o) The Central Government ensures the safety of ports, dockyard,
lighthouses, aerodromes and facilities which are associated with aerial
navigation; railways, tramways, roads, bridges, canals and all other means
of transportation by land, water; telegraphs, post offices, signalling
apparatus and all other means of communication; sources and systems of
water supply, works for the supply of water, gas or electricity and all other
works for public purposes; vessels, aircraft, transport vehicles as defined
in the Motor Vehicles Act, 1939 and rolling stocks of railways and
tramways; warehouses and all other places used or intended to be used
for storage purposes; mines, oilfields, factories or industrial or commercial
undertakings generally, or any mine, oilfield, factory or industrial or
commercial undertaking in particular; laboratories and institutions where
scientific or technological research or training is conducted; all works and
structures being part of, or connected with, anything earlier mentioned in
this clause; and any other place or thing used or intended to be used for
the purposes of Government or a local authority or a semi-Government or
autonomous organisation, the protection of which is considered necessary
or expedient for securing civil defence;
 (p) The Central Government can control any roadway or waterway and any
other source of water supply;
(q) The Central Government can take any precautionary measures
concerning any personnel employed by them;
(r) The Central Government can prevent the use of any uniform, flags or
other decorations which deceive civil defence;
(s) The Central Government can take precautions against the dangers
involving hostile attack;
(t) The Central Government can make necessary arrangements for the
detection and prevention of fire;
(u) The Central Government can take certain specified measures to deal with
outbreaks of fire;
(v) The Central Government can direct that no person present in any area
shall between specifies hours be out of the doors without the written grant
and permit from specified authority;
(w) The Central Government can prohibit printing and publication of any
newspaper, book, etc and demand security from any press;
(x) The Central Government can regulate the conduct of persons od certain
areas and remove them from that particular area;
(y) The Central Government can require any person to abide by the scheme
of civil defence;
(z) The Central Government can create any other provision for civil defence.
(2) Any rule which is made under the sub-section (1) may provide that orders
concerning the matters specified therein may be made by the State Government.
(3) Any rule made which is under the sub-section (1) may provide that a
contravention thereof or any order made thereunder shall be punishable with fine
which may extend to Rs.500/- and where the contravention is the one which is
continuing with a further fine which may extend to Rs.50/- per day, after the first,
during which such contravention continues.
Section 4 → Constitution of Civil Defence Corps.
(1) The State Government can constitute, for any area within the State, a body of
persons who are to be called as the Civil Defence Corps and may appoint a person
below the rank of a District Magistrate to command such Corps
(2) The State Government can for the sole purpose of coordinating the activities of the
Controllers or District Magistrate 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 can appoint as members of the Corps persons who are fit
and are willing to serve 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 the position.
(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 the Civil Defence Corps.
(1) Where any member of the Corps fails in discharging his duties, the Controller
after gives him a reasonable opportunity to be heard and then puts charges
against him by issuing an order or dismissing that member from the Corps.
 (2) Where the Controller is of opinion that the continued presence of any member of
the Corps is undesirable, he has the authority to without assigning any reason to
dismiss that member from the Corps.
Section 7 → Appeal.
Under section 6 if a member of the Corps who is dismissed from the Corps has the right to
prefer an appeal to the State Government within thirty days from the date of such discharge
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 the Civil Defence Corps.
(1) The members of the Corps can practise such functions concerning 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) It is by the order that the State Government or the Controller may call out a member
of the Corps for training or for discharging such functions concerning the carrying out
of measures for civil defence as may be specified in such order.
(3) As a subject to such orders, the Central Government may make in this behalf, any
member of the Corps of any State at any time being required, by order, to discharge
functions concerning 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
entrusted with the powers, functions and the privileges and be subject to the liabilities
of a member of the Corps in that other State.

Section 9 → Power to make regulations.

1) Hereby the Central Government has the right to, by notification, make regulations for
carrying out the purposes of this Chapter.
2) In particular, and without preconception to the generality of the foregoing power such
regulations may—
(a) authorize the functions of the members of the Corps and regulate how they may be
called out for service;
(b) regulate and manage the organisation, appointment, conditions of service, discipline,
accoutrement and clothing of members of any or all of the Corps;
(c) and as a part of it prescribe the form of certificates of membership of any or all of the
Corps.
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 under this shall apply, so far as may be, to every personal service
injury suffered by any person appointed to be a member of the Corps as they apply to
personal service injury sustained by a volunteer of civil defence is subject to the
modifications, i.e,-
(a) any reference to a civil defence volunteer under that Act or any other scheme made
under this shall be interpreted as a reference to a member of the Corps; and
(b) any reference that is to the period of emergency shall, concerning a member of the
Corps, be construed as the period during which this Act is in power.
Section 11 → Penalties.
(1) If any member of the Corps is being called out by an order under sub-section (2) of
section 8 refuses without a sufficient excuse to obey such order or to discharge his
functions as a 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 exceed to a
sum of rs. 500/- and incase the refusal or neglect continues from his side there would
be a fine charged further which may extend to rs. 50/- per day, after the first
collection, during which such a breach continues.
(2) In case of any person neglects or fails without any rational excuse to obey any
direction given to him or to any order that is made under this Act or rules made
thereunder, he shall be punishable with fine which may extend to a sum of rs. 500/-,
 and where such negligence or failure continues there would be fine charged further
which may again extend to rs.50/- per day, after the first, during which such
negligence or failure continues.
Section 12 → Effect of Act and rules, etc., inconsistent with other enactments.
(1) The provisions of this Act or any rules under this or any order which is made under this
Act or any such rule shall affect despite anything inconsistent therewith contained in any
enactment other than this Act or any instrument affecting a result of 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 canceled or
altered under this Act, and be considered to have been made under the correlative
provisions of this Act.
Section 13 → Ordinary avocations of life to be interfered with as little as possible.
Any person or authority acting in the execution of this Act shall interfere with the ordinary
avocations of life and the enjoyment of property as little as may be following the purpose of
ensuring the safety of public and civil defence.
Section 14 → Savings as to orders
(1) No court can call into question any order made by the exercise of powers granted in
this Act to question it.
(2) Where an order is falsely released and signed by any authority in the affecting
granted under or according to this Act, a Court shall presume that such an order was
made by that authority under the scope of the Indian Evidence Act.
Section 15 → Act not to apply to measures taken for the protection of the Armed
Forces
The Armed Forces of the Union and any action taken by any of the authorities regulated by
Union Armed forces to ensure the civil security or health of these powers, or to secure any
naval, military or aerial power base or supplies, shall not be subject to anything found in this
Law or any other statute, legislation or order made thereunder.
Section 16 → Limitation of prosecutions
No prosecution shall be instituted against anyone other than by, or by agreement with, the
Controller or anyone authorized by the Controller on this behalf for an offence punishable
under this Act.
Section 16A → Power of the Central Government to delegate
The Central Government can by order direct any subordinate officer or authority to also
discharge or exercise the powers or duty that might be conferred upon the Central
Government by this Act, or by any rule made under it.
Section 16B → Effect of an order made by the Central Government, etc
An order rendered in respect of a matter to which this Act or any law under it applies by the
Central Government or an officer or authority allowed under Section 16(A) shall,
notwithstanding any order given by any other authority to the State Government in this
regard, take effect.
Section 17 → Power to delegate
The State government by notification can direct that:
(a) In certain circumstances and conditions, as may be specified in that notification, all or
any of the powers which it may exercise under this Act shall also be exercised by any
official who is not inferior, as specified in the said notification, to that of a District
Magistrate.
(b) In the circumstances and on such terms, all or any powers which the controller may
exercise under this Act shall be exercised, wherever they exist, also by that officer,
which the State Government considers is not, in the rank of a sub-divisional
magistrate as may be specified in that notice.
Section 18 → Protection of action taken in good faith
 (1) The government, the Director or the controller or anyone allowed by a government or
controller shall not be responsible, charged, or otherwise responsible to any act of
good faith or supposed to be performed under the present Act or any laws or
instructions thereof, or any decree given under any such law.
(2) The government, the director or the Controller, or any person allowed by the
government or the Controller, shall not be responsible for any harm or damages that
are caused or likely to be caused by any act or by any regulation or order made
under this Act in good faith or planned to take place under this statute.
Section 19 → Authorised persons and members of the Corps to be public servants
Every member of the Corps or any person authorised by the Central or the State
Government to function as such under this Act will be, as per Section 21 of the Indian Penal
Code (45 of 1860), treated as public servants.
Section 20 → Rules and regulations to be laid before Parliament
The Central Government shall present every law and regulation made under this Act to both
the Houses of the parliament as soon as possible while the Parliament is in session for 30
days. 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 effect only in such modified form or be of no effect.

By Sneha Mahawar, Anshika Raj Singh and Deb Zyoti Das, Content Board, All India
Legal Forum.
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