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Union of India - Section

Section 11 in The Civil Defence Rules, 1968

11. Power to require local authorities to take precautionary measures .-(1) In this rule, "the appropriate Government" means in relation to cantonment authorities and in relation to port authorities in major ports, the Central Government, and in relation to other local authorities, the State Government.

(2)The appropriate Government may by order require any local authority to take, within such period as may be specified in the order, such measures as may be so specified, being measures which are in the opinion of that Government necessary for the protection of persons and property under the control or within the jurisdiction of such authority from injury or damage, or for ensuring the due maintenance of the vital services of the authority, in the event of hostile attack and thereupon-
(a)it shall be the duty of the local authority to comply with the order,
(b)the funds of the local authority shall be applicable to the payment of charges and expenses incidental to such compliance, and
(c)priority shall be given to such compliance over all other duties and obligations of the local authority.
(3)If in the opinion of the appropriate Government any local authority which has been ordered under sub-rule (2) to take any measures has failed to take or is unlikely to complete, the measures within the period specified in the order, then, without prejudice to any other proceedings which may be taken in respect of the contravention of the order, the appropriate Government may authorise any person to take or complete the said measures; and any person so authorised may, for the purpose of taking or completing the said measures, exercise all or any of the powers of the local authority or of its officers, issue such directions as he thinks fit to the officers or servants of the local authority and employ an outside agency, and all charges and expenses incurred by him shall, except to such extent, if any, as the appropriate Government may direct to be paid out of its Consolidated Fund be paid out of the funds of the local authority.
(4)Any person authorised in this behalf by the appropriate Government may if he considers it necessary or expedient so to do,-
(a)by order direct a local authority or any of its officers or servants to take such action as may be specified in the order, being action which is in his opinion necessary for the protection of persons and property under the control or within the jurisdiction of the local authority from the danger involved in or resulting from an actual or apprehended hostile attack;
(b)impress and use or cause to be used for the aforesaid purpose any property belonging to or in the possession of the local authority in such manner as he thinks fit and it shall be the duty of the local authority and of its officers and servants to comply forthwith with any order made under this rule, and the funds of the local authority shall be applicable to the payment of any charges and expenses incidental to such compliance.
(5)The appropriate Government may, if it considers it necessary or expedient so to do, by order authorise any person to take over from a local authority and administer in accordance with such directions as may be issued from time to time by that Government such of the services of the local authority as may be specified in the order; and any person so authorised may, for the purpose of administering the said services, exercise all or any of the powers of the local authority or of any Committee or officer of the local authority, issue such directions as he thinks fit to the officers or servants of the local authority and employ any outside agency, and all charges and expenses incurred by him shall, except to such extent, if any, as the appropriate Government may direct to be paid out of its Consolidated fund be paid out of the funds of the local authority.