THE CIVIL DEFENCE ACT, 1968 
______ 

ARRANGEMENT OF SECTIONS 
______ 

CHAPTER I 

PRELIMINARY 

SECTIONS 

1.  Short title, extent and commencement. 
2.  Definitions. 

POWER OF CENTRAL GOVERNMENT TO MAKE RULES FOR CIVIL DEFENCE 

3.  Power to make rules for civil defence. 

CHAPTER II 

CHAPTER III 

CIVIL DEFENCE CORPS 

4.  Constitution of Civil Defence Corps. 
5.  Appointment of members and officers.  
6.  Dismissal of members of Civil Defence Corps. 
7.  Appeal. 
8.  Functions of members of Civil Defence Corps. 
9.  Power to make regulations. 

CHAPTER IV 

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

the members of the Corps. 

11.  Penalties. 
12.  Effect of Act and rules, etc., inconsistent with other enactments. 
13.  Ordinary avocations of life to be interfered with as little as possible. 
14.  Savings as to orders. 
15.  Act not to apply to measures taken for the protection of the Armed Forces. 
16.  Limitation of prosecutions. 
16A. Power of the Central Government to delegate. 
16B. Effect of order made by the Central Government, etc. 
17.  Power to delegate. 
18.  Protection of action taken in good faith. 
19.  Authorised persons and members of the Corps to be public servants. 
20.  Rules and regulations to be laid before Parliament. 

1 

 
 
 
 
 
 
THE CIVIL DEFENCE ACT, 1968 

ACT NO. 27 OF 1968 

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:— 

[24th May, 1968.] 

CHAPTER I 

PRELIMINARY 

1. Short title, extent and commencement.—(1) This Act may be called the Civil Defence Act, 1968. 
(2) It extends1 to the whole of India. 
(3) It shall come into force in a State or part thereof on such date2, 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.  

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 attack3[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).] 

CHAPTER II 

POWER OF CENTRAL GOVERNMENT TO MAKE RULES FOR CIVIL DEFENCE 

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; 

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). 

2 

 
                                                           
(b)  instruction  of  members  of  the  public  regarding  civil  defence  and  their  equipment  for  the 

purposes 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 taking fire prevention and other measures; 

(g) securing of any buildings, premises or other structures from being readily recognisable in the 

event of a hostile attack; 

(h)  for  the  prevention  of  danger  to  life  or  property,  the  demolition,  destruction  or  rendering 

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 or articles, 

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 regulation of the 

conduct of evacuated persons accommodated in such area; 

(l) billeting of evacuated person or persons authorised to perform functions under this 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 associated with aerial 

navigation; 

(ii)  railways,  tramways,  roads,  bridges,  canals  and  all  other  means  of  transport  by  land  or 

water; 

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

(iv) sources and systems of water supply, works for the supply of water, gas or electricity 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 in particular; 

(viii)  laboratories  and  institutions  where  scientific  or  technological  research  or  training  is 

conducted or imparted; 

(ix) all works and structures being part of, or connected with, anything earlier mentioned in 

this clause; and 

3 

 
(x) 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)  control  of  any  road  or  pathway,  waterway,  ferry  or  bridge,  river,  canal  or  other  source  of 

water supply; 

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

(r)  preventing  or  controlling  any  use  of  uniforms,  whether  official  or  otherwise,  or  flags  or 
official decorations like medals, badges or other insignia or anything similar thereto, the wearing of 
which is calculated to deceive or to prejudice civil defence; 

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

(t) requiring  the  owner  or  occupier  of  any  building,  structure  or  premises  to  make  or  carry  out 

such arrangements as may be necessary for the purposes of detection 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  specified  area 
shall, between such hours as may be specified, be out of doors except under the authority of a written 
permit granted by a specified authority or person; 

(w)  (i)  prohibiting  the  printing  and  publication  of  any  newspaper,  news-sheet,  book  or  other 

document containing matters prejudicial to civil defence; 

(ii)  demanding  security  from  any  press  used  for  the  purpose  of  printing  or  publishing,  and 
forfeiting  the  copies  of,  any  newspaper,  news-sheet, book  or  other  document  containing  any  of  the 
matters referred to in sub-clause (i); 

(x)  regulating  the  conduct  of  persons  in  respect  of  areas  the  control  of  which  is  considered 

necessary or expedient, and removal of persons from such areas; 

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

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

(2) Any rule made under sub-section (1) may provide that orders with regard to the matters specified 

therein may be made by the State Government. 

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). 
“(3) Any rule made under sub-section (1) may provide that a contravention thereof or any order made or direction 
given thereunder shall be punishable with imprisonment for a term which may extend to three years, or with fine, or 
with both.”. 

4 

 
 
 
                                                           
 
CHAPTER III 

CIVIL DEFENCE CORPS 

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 purposes 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. 

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. 

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.  

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.  

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.  

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; 

5 

 
(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. 

CHAPTER IV 

MISCELLANEOUS 

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 reference 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. 

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. 

(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 of this Act in that area.  

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. 

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.  

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 

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). 

6 

 
                                                           
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 or stores.  

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. 

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.—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— 

(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.  

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. 

(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. 

19. Authorised persons and members of the Corps to be public servants.—Any person authorised 
by1[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, 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). 

7 

 
                                                           
