The Civil Defence Act, 1968

Administered Ministry: Ministry of Home Affairs / Department of Internal Security

Act details

Short titleThe Civil Defence Act, 1968
Long titleAn Act to make provision for civil defence and for matters connected therewith.
Act number27 of 1968
Act year1968
Enactment date24 May 1968
MinistryMinistry of Home Affairs / Department of Internal Security
DepartmentDepartment of Internal Security
JurisdictionCentral (Parliament of India)
Sections24
StatusNot repealed
Last checked on India Code3 Nov 2026
SourceIndia Code, Government of India

Summary

Summary of The Civil Defence Act, 1968
Objective
Establish a legal framework for civil defence against hostile attacks and disasters.
Key Provisions
1. Constitution of Civil Defence Service
• State Governments may form a Civil Defence Service.
• Members can be deployed across states with equivalent powers and liabilities.
2. Appointments and Discipline
• Authorities can appoint members and officers based on fitness and willingness.
• Summary dismissal for misconduct or unsatisfactory performance.
3. Functions and Penalties
• Members must perform assigned civil defence functions.
• Penalty for neglecting orders: Up to ₹500 fine (with daily ₹50 for continuance).
4. Rule Making Authority
• Central Government empowered to make rules for civil defence.
• Broad scope including:
• Infrastructure protection (canals, transport, communications, utilities).
• Control of movements, communications, and resources.
• Penalties for contraventions (up to 3 years imprisonment or fine).
5. Disaster Management Integration
• Implicit through coordination with broader disaster management frameworks (as seen in referenced Disaster Management Act, 2005 contexts).
• Includes prevention, mitigation, response, and recovery measures.
6. Penal Provisions
• Enhanced penalties for serious offenses (up to 7 years imprisonment or fine for rule contraventions).
• Specific penalties for military law contraventions (context partially provided).
• Administration and Enforcement
Director and State Government Oversight: Manage Civil Defence Services.
Judicial and Administrative Enforcement: Courts and designated authorities handle prosecutions and penalties.

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Legislative history

Legislative History:

The Civil Defence Act, 1968

● Act Title - The Civil Defence Act, 1968

● Act Number / Year - 27 of 1968

● Act ID (India Code) - 196827

● Presidential Assent Date - May 24, 1968

● Enforcement Date - July 10, 1968

● Nodal Ministry - Ministry of Home Affairs

Precedent & Historical Rationale

● National Defense Preparedness - Enacted in the aftermath of the 1962 Sino-Indian War and the 1965 Indo-Pakistani War to establish a permanent legal framework for civil defense measures, safeguarding life, property, and vital installations during external aggression or hostile attacks.

● Statutory Civil Defence Corps - Formulated to provide for the creation and regulation of a voluntary Civil Defence Corps, granting statutory powers to authorities to implement measures such as blackouts, camouflage, evacuation, and emergency rescue operations.

Parliamentary Trajectory & Enactment

● Formulation - Introduced by the Ministry of Home Affairs to replace emergency executive orders and temporary defense regulations with a unified, nationwide statutory act.

● Parliamentary Passage - Debated and passed by both Houses of Parliament (Fourth Lok Sabha and Rajya Sabha) during the May 1968 session.

● Presidential Assent - Received Presidential Assent on May 24, 1968.

● Enforcement - Enforced on July 10, 1968.

Source - Official Record of Parliament, India Code, and Ministry of Home Affairs.