% 4952 : Act XI]. Civil Defence at ‘THE CIVIL DEFENCE ACT, 1952 ‘Act No. XXXI oF 1952 rAMended upto *Bo4) (eg am ene [29th April, 1952} ‘An Act (o provide for powers to secure the civil defence of 2(Pakistan). ‘WurcncAs it is necessary to provide for powers to secure the civil defence of *{Pakistan]; It is hereby enacted as follo 1.—(1) This Act may be called the Civil Defence Act, 1952, Shert tle, (@) It extends to the whole of Pakistan, commencee (3) It shall come into force at once, [Aen this Act, unless there is anything repugnant ia Definitions the subject o context— a (1) “Civil Defence” includes any measures not amounting to actual combat, for affording defence against any form of hostile attack bya foreign power or for depriving any form 6f hostile attack by a foreign power of its effect, whether such measures are taken before, during or after the time of the | | (2) ‘Civil Defence Services’ means the services formed wholly or mainly to meet the necds of civil . Fo tar. ‘The Act has beta spplod to— (i) Baluchistan, with certain sodieaion, wih effect on and from {hett day of Apr, 1982, see Gab. of Ps 1982, Pe, plOt Sea os Oates Ae Sani eas (Lava) Ordo 3.01980); and api inthe Fer” Aesn of Bash, ace Gas of Fy BBD, PB i the Chivagons Hilliracts and to the partially excluded areas of the Mymensingh diatriet, with effect 1983, fre Dacca Gast BSE; aa dane PE 1 has also been extended to— (0 the Baluchistan States Union, by the Baluchistan Stat Union (Federal Laws) (Extension) Seder, "383 (6. ©: 0, 4 af 5, Gi) Khaiepur State: by the, Kh Grdzr 1983 (G: Ge On 5 of sce FAS ee dal ecg ae rou nk ovee in Gaur wih soe fom the Ath Senter u (Apptcaion of Cena wr) Ordinance, 1963 (7 of 1960), 2200 2 Subs. by A.O., 1964, Art. 2 and Sch, Zor “the Federation”, 2,3 Seton 14 is, oy he Ci Deen Ama) Act, 196 10 of 1966) ory ye (Vera Laws) (Extensoo)Power to 332 Civil Defence [1982 : Act XXXI 2.—(1) The Central Gaveroment may by notifeation in ‘maserules ithe official Gazette make such rules! as appear to it to be neces+ ‘SiTY oF expedient for sceuring the civil defence of *[Pukistan}, (2) Without prejudice {o the generality of the powers conferred by sub-section (1) such rules may provide for, o¢ :nay ‘empower any authority to make orders providing for, all of any of the following matiers, namely:— 3{(@) the constitution, enrolment, discipline, powers, ‘duties, privileges and protection of Civil Defence Services; () proventing or prohibiting anything likely to assist the enemy or to prejudice the successful conduct of civil defence including acts, publica tions or communications prejudicial to civil defence; (©) requis ply with any seheme of ci any person ot class of persons to come il defences (@ ccosuring the sus vs any place oF cing used oF intended (0 be used for the purposes of Governe ment or.a Jocal authority, the protection: of which is considered necessary or expedient for securing civil defence; ~ (@) the contol of lights, sounds and vehicles; {(f) the control of trade or fidustry for the purposes of regulating or increasing the supply of, and the obtaining of information with regard to, articles ‘or things of any description whatsoever which may be used in gonneetion with the conduc of civil defence; G) the provision, storage and maintenance of com- modities and material required for the’ couidutt of civil defence; (#) the provision, construction, ma alteration of buildings, promises tures required for the conduct of “Ta” Gikd etenes Rien Jost, Gee i pp. G60 62S and oe he Rah A Hat Prosalons Services Iles, 985, ee Dacea Gass 1984, Pc pps, 12 Subs. by A, 0. 1964, Art and hy fer “the Fedsration s. by the Civil Defers (Amadt,) Act, 1966 (10 of 1966), s. 3, for1952 # Act XXXI] Civil Defence 333 the measures for preventing and: dealing with the ‘Quibreakioffirey=. - G) preventing or controllingZany use of. uniforms, whether official or otherwise, flags, official deco- rations like medals, badges and other insi, ‘and anything sitnilar thefeto, where such use is calculated oF likely to deceive the public or to Prejudice civil defence; (&) the salvage of damaged buildings and property and disposal of the dead; A 0 the evacution of areas and the removal of prow perty or animals therefiom; én) te wecornodtion in any ars of persons ova cuated from another area and the regulation of the conduct of evacuated perséns accommodated in such areas (x) the billeting of evacuated persons; (0) the instruction of members of the public in civil defence; (2) the entry into, and searchrofy-any place reasonably suspectediof being used for any purpose prejudicial to civil defence and for the scizure and disposal of anything found there and reasonably suspected - of being used for such ‘Purpose; ©) theequisition of propesty and acquisition thereof) wy The rules made under sub-section (1) may further— @) provide for the arrest and trial of persons con- travening any of the rules or any order issued thereunder ©) provide that auy contravention of, or any attempt to contravene, and ciny’abetment of, ot attempt to abet, the contravention of any of the Provisions of the rules, or any order issued under any such Provi Il be punishable with imprisonment for a term which may extend to five years, or with fine which may extend to five thousand rupees, or with both 1f;] 1 Subs. by the Civil Defence (Amdt.) Act, 1966 (10 of 196 {he full-stop, ee | 3, for334 Civil Defence [1952 | Act XXXT (©) provide for the seizure, detention and forfeiture ‘of any property in respect of which such con- ‘ravention, attempt or abetment as is referred 10 in clause (B) has been committed; (@) prescribe the duties and powers of public servants and other persons as regards preventing the con- travention of, or sceuring the observance of, the rules or any order issued thereunder; (© provide for preventing the obstruction and de ception of, and disobedience to, any person acting, and interfering with any notice issued, in pursuance of the rules oF of any ordet issued thereunder; (/) make provision prohibiting attempts to screen from punishment any person contcaver ‘of the rules o any order issued ther onsiary 3, An authority oF a person a4 are bs Act shall interfere with the ordinary avocations of life and the Ineceed | enjoyment of property"as litle as may be consonant with the ‘as possible, - purpose of ensuring the public safety and interest and the defence of Pakistan, Savings a8 4,1) 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 an authority in exercise of any power conferred by or under this Act, the Court shall, within the meaning of the Evidence ‘Act, 1872, presume that such order was so made by that authority, feattn 5.—(1) No suit, prosecution or other legal proceeding shal! ‘aston ie against any petson for anything which is in good faith done oF the Aste” intended fo be done in pursuance of this Act or any rules made ‘hereunder or any order issued under any such rule, (2) Save as otherwise expressly provided under this Act, ‘no suit or other legal proceeding shall ie against the *[Govera- sent] for any damage eaused or likely to be caused by anything in good faith done or intended to be done in pursuance of this ‘Act of ‘any rules made thereunder or any order issued under ‘any such rule 1 Navy cst () 10 (f) added by ihe Gil Dance (Amid Ast, 1966 0001965), 5.3 ‘Sabe by A.., 1961, Ar. 2, for \Crowa® (wth effect fom ths 23d ‘Mare, 1998) of iW,(1932: Act XXX1] il Defence 333 6.—(1) Where wader section 7 by or under any rule made under this Act any action is taken of the nature described in pai Mparagraph. 14 of Rights under Article 6 of the Constitution), ‘there shall be paid compeusation, the amount of which shall be 1 dctermined in the raanner, and in accordance with the prineiples, hereinafter sct out, wat is to say -— , (@) Where the amount of compensation can be fixed by agreement, it shall be paid in accordariee with such agreement, @ Where no, such agreement can be reached, the Central Government shall appoint as arbitrator a person qualified 2¢ * * for appointment as a Judge of'@ High Court. (©) The Central Government may, in any particular se, nominate 11 person having expert knowledge of the hind of property whieh has been sequired, to be an assessor to assist the arbitrator, ‘sind ‘where such nomination is made, the’ person to be compensated may also nominate an assessor for the said purpose. (@) At the commencément of the proceedings before the arbitrator, the Central Government and the person to be compensated shall state what in their respective opinions is a fair 2mount of com- pensation. {@) The-arbitrator in making his award shall have regard to— (i) the provisions‘of sub-section (1) of section 23 ae of the Land Acquisition Act, 1894. so far as 1 the same can be made applicable; and (ji) whether ‘the acquisition is of a permanent or temponiry character: Provided that where any properly requisitioned under y rule: made under this Act, is subsequently acquired under section 7 oF any such rule, the ¥ al worl, Inachets a Jes “aul section 2) of section ayy of hetGangrnnent oF nin Aci 1255" ere ft aul, by A Oe Pa eZ ant Soh hen amended bj 0, 9H A 3 ‘bh 10 rad 2 The origin section () of elton a0 ef the Goverment of India Act, 1938," omitted ‘yA, 0. 1961, Art. 2and Sch (witheffect from the 23rd March, 1956). verde, bracket figures and commas “user sabe336 Civil Defewe arbitrator in any proceedings in conneetion with such acquisition shall, for the purposes of. the provisions of the said section 23, take into, cone sideration the market-value of the property at the date of ils requisition as aforesaid and not at the date ofits subsequent acquisition, (A An appeal shall lie to-the, High Court against any award of an arbitrator except in cases where: the anvous awarded does not exceed an amount prescribed in this behalf by rule. made by the Central Government. G) Save 0 provided in this section and in any’ rules made vi«seunder, nothing ia any law for the time Deing sm sive shall apply fo arbitrations under this. section. @) The Central Government may make rules for the purpose of currying into effet the provisions of ths section, @) In particular and without prejudice (o the generality of the foregoing power, such rules may preseribe— (@ the procedure to be followed in arbitrations uader this section; (6) the principles t0 be followed in, apportioning the costs of proceedings before the arbitrator and on appeal; (© the maximum amoung of an award against which no appeal shall Power to ‘7—(1) Without prejudice to any power to acquire property SEGUE: conferred by any rule made under this Act, any immovable Hropeniy.” property which has been requisitioned under any rule so made ‘may in the manner provided by any such rules forthe acquisition of property, be acquired in the circumstances and by the Govern- rent hereinafter specified, namely :— (@ where any works have, during the petiod of requisition, been constructed on, in or over the propeyty wholly or parily at the expensé of any Governinent, by that Government if it decides that the value of, othe right to use, such works shall, by micans of the aequsition of the property, be preserved or secured for jhe purposes of any Government or1982 : Act XNXT] Chil Defenc> 337 (H) where the cost 0 any Government of restoring Me properly to its’ candition at the time of its requisition as aforesaid Would, in the determination of that Government, be excessive having regard to the value of the property al that time, by that Government; and at the beginning of the day n wliich notice of such acquie sition is served or jublished under the aforesaid rules, the immove able property shall yest in the acquiring. Government free from ‘any mortgage, pledge, lien or similar encumbrance, and the period of the requisition thereof shall end, (2) Any deci subsection (1) sha in any Court, iow’or determibiation af a Government under be final, andl shall not be called in question 2) For the purpases. of this section, “works includes buildings, constructions and iniprovements af the property, of every description, 8.—(1) Where any property requisitioned under any rule tule under this Act is t0 be released from such requisition, tho Government by which or under whose authority the property was requisitioned or any person generally or specially authorised by it in this behalf may, afier such enquiry, if any, as it or he may in any case consider it necessary to make or cause to be made, specify by order in writing the person to whom possession of the property shall be given, 7 (2) The delivery of possession of the properly to the Person specified in an order under sub-scetion (1) shall be a full discharge of the Goverament from sil liabilides in respect of the properiy, but shall not prejudice any rights in respe¢s of the property which any other person may be entitled by due Process of law to enforce against the person to whom possession of the property‘ given, ‘The Central Government may, by tnotification in the ollicial Gazette, direct that all or any of thé powers or duties which under the provisions of this Act or rules made thereunder are conferred or imposéd upon the Central Government shall bbe exercised or discharged by any officer of authority subordinate $0 it or by the Provincial Government; and the Provincial Govern« ment may, by a like notification, direct that all or any of the ' For such notification, sre Gaz. of P, Ext, 1981, p. $82, Dota orp der the new.Repeal of Sruinanee, Sia of 5, 338 Civil Defence [1952 : Act XKXT Security of Pakistan [1952 + Act XXXV powers or duties as aforesaid, to be oxercised or discharged by it, shall bo exercised and discharged by any officer or authority subordinate to 10,—(1) The Civil Defence ‘Ordinance, 1951, is hereby repealed. © Every appointment, order or rile made under the Civil Defence (Special Powers) Ordinance, 1951, and maintained in force under the Civil Defence Ordinance, 1951 or made under the Civil Defence Ordinance, 1951, shall, if in force immediately bofore the commencement of this Act, and so far as it is not inconsistent with the provisions of this Act, be deemed to have teen made under the provisions of this Act, and have effect evordingly sobjeet 19 the provisions of this Act, Ord, Vist ssi, le