The Civil Defence Act, 1968

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

A1968-27.pdf

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Section

Section 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).

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

Section 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 ¹ [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. Subs. by Act 20 of 1983, s. 2 and the Schedule, for certain words (w.e.f. 15-3-1984).

Section 11A Adjudication of penalties.

¹[11A. Adjudication of penalties.—(1) For the purpose of adjudicating penalties under sub-sections (1) and (2) of section 11, the State Government may appoint the Controller of Civil Defence as an adjudicating officer for holding an inquiry and imposing penalties in such manner as may be prescribed:

Provided that the State Government may appoint as many adjudicating officers as may be required:

Provided further that no such penalty shall be imposed without giving the person concerned a reasonable opportunity of being heard.

(2) Any person aggrieved by an order of the adjudicating officer under sub-section (1), may, within thirty days from the date of receipt of such order, prefer an appeal to such officer, at least one rank higher than the adjudicating officer, as may be appointed by the State Government as an appellate authority, in

such form and manner as may be prescribed.

(3) An appeal may be admitted after the expiry of the period of thirty days if the appellant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within that period.

(4) The appellate authority may, after giving the parties to the appeal an opportunity of being heard, pass such order as he may think fit.

(5) An appeal under sub-section (2) shall be disposed of within sixty days from the date of filing.

(6) If a penalty imposed by the adjudicating officer under sub-section (1) or by an order of the appellate authority under sub-section (4), as the case may be, is not deposited, the amount shall be recovered as an arrear of land revenue.]

1. Ins. by Act 8 of 2026, s. 2 and Sch. (w.e.f. 15-5-2026).

Section 19A Power of Central Government to make rules.

¹[19A. Power of Central Government to make rules.—(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--

(a) the manner of holding an inquiry and imposing penalties under sub-section (1) of section 11A;

(b) the form and manner of preferring appeal to the appellate authority against the order of adjudicating officer under sub-section (2) of section 11A.]

1. Ins. by Act 8 of 2026, s. 2 and Sch. (w.e.f. 15-5-2026)