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provisions of this Act, continue to be in force until it is rescinded or altered under this Act, and be deemed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).
7
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.