Civil Defence Act 1952

CIVIL DEFENCE ACT, 1952

(XXXI OF 1952)

CONTENTS

1. Short title and Commencement

1-A. Definition

2. Power to make Rules

3. Ordinary avocations of life to be interfered with as little as possible

4. Saving as to orders

5. Prosecution of action taken under the Act

6. Compensation to be paid in accordance with certain principles for compulsory acquisition

of immovable property, etc

7. Power to acquire requisitioned property

8. Released from requisition

9. Delegation of powers under the Act

10. Repeal of Ordinance VIII of 1951

TEXT

CIVIL DEFENCE ACT, 1952

(XXXI OF 1952)

[29th April, 1952]

An

Act

to provide for powers to secure the Civil Defence of Pakistan

WHEREAS it is necessary to provide for powers to secure the Civil Defence of Pakistan;

It is hereby enacted as follows:-

1. Short title and commencement.– (1) This act may be called the Civil Defence,

(Amendment) Act, 1993

(2) It extends to the whole of Pakistan.

(3) It shall come into force at once.

1-A. Definition.– In this Act, unless there is anything repugnant in the subject of context:-

(1) “Civil Defence includes any measures not amounting to actual combat, for

affording defence against any form of hostile attack by a foreign power or for depriving any form of

hostile attack by a foreign power of its effect wholly or in part, whether such measures are taken

before during or after the time of the attack. It also includes remedial measures against natural or

man-made disaster in peace time”.

(2) “Civil Defence Services” means the services formed wholly or mainly to meet

the needs of Civil Defence.

2. Power to make Rules.– (1)

The Central Government may

by notification in the Official

Gazette make such rules as

appear to it to be necessary

or expedient for securing the

civil Defence of Pakistan.

(2) Without prejudice to the generality of the powers conferred by Sub- Section (1)

such rules may provide for or may empower any authority to make orders providing for all or any

of the following matters, namely:-

(a) the constitution, enrolment, discipline, powers, duties, privileges and protection of

Civil Defence Services;

(b) Preventing or prohibiting anything likely to assist the enemy or to prejudice the

successful conduct of civil defence including acts publications or communications

prejudicial to Civil Defence;

(c) Requiring any person or class of persons to comply with any scheme of Civil

Defence.

(d) Ensuring the safety of any place or things used are intended to be used for the

purposes of Government or a local authority, the protection of which is considered

necessary or expedient for securing Civil Defence;

(e) The control of lights, sounds, and vehicles;

(f) The control of trade or industry 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 connection with the conduct of Civil

Defence;

(g) The provision, storage and maintenance of commodities and material required for

the conduct of Civil Defence;

(h) The provision, construction, maintenance or alteration of building, premises or other

structures required for the conduct of Civil Defence;

(i) The measures for preventing and dealing with the outbreak of fire;

(j) Preventing or controlling any use of uniforms, whether official or otherwise flags,

official decorations, like medals, badges and other insignia and anything similar

thereto, where such use is calculated or likely to deceive the public or to prejudice

Civil Defence;

(k) The salvage of damaged buildings and property and disposal of the dead;

(l) The evacuation of areas and the removal of property or animals there from;

(m) The accommodation in any area of persons evacuated from another area and the

regulation of the conduct of evacuated persons accommodated in such area;

(n) The billeting of evacuated persons;

(o) The instruction of members of the public in Civil Defence;

(p) The entry into, and search of any place reasonably suspected of being used for any

purpose prejudicial to civil defence and for the seizure and disposal of anything

found there and reasonably suspected of being used for such purposes;

(q) The requisition of property and acquisition thereof.

(3) The rules made under sub-section (1) may further –

(a) provide for the arrest and trial of persons contravening any of the rules or

any order issued there under;

(b) provide that any contravention of or any attempt to contravene, and any

abetment of , or attempt to abet, the contravention of any of the provisions of the

rules or any order issued under any such provision shall 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;

(c) provide for the seizure, detention and forfeiture of any property in respect of

which such contravention, attempt or abetment as is referred to in clause (b) has

been committed;

(d) prescribe the duties and powers of public servants and other persons as

regards preventing the contravention of , or securing the observance of, the rules or

any order issued thereunder;

(e) provide for preventing the obstruction and deception of, and disobedience to,

any person, acting and interfering with any notice issued, in pursuance of the rules

or of any order issued there under;

(f) make provision prohibiting attempts to screen from punishment any person

contravening any of the rules or any order issued thereunder;

3. Ordinary avocations of life to be interfered with as little as possible.– Authority or a

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 interest and the defence of Pakistan.

4. Saving 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.

(1) 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, I of 1872 the

evidence Act, 1872, presume that such order was so made by that authority.

5. Prosecution of action taken under the Act.– (1) No suit protection or other legal

proceeding shall lie against any persons for anything which is in good faith done or intended to be

done in pursuance of this Act of any rules made there under or any order issued under any such

rule.

(2) Save as otherwise expressly provided under this Act no suit or other legal

proceeding shall lay against the Government for any damage caused or likely to be caused by

anything in good faith done or intended to be done in pursuance of this Act, or any rules made

there under or any order issued under any such rule.

6. Compensation to be paid in accordance with certain principles for compulsory

acquisition of immovable property, etc.– Where under section 7 by or under any rule made

under this Act any action is taken of there the nature described in paragraph 14 of Rights under

Article 6 shall be paid compensation, the amount of which shall be determined in the manner, and

in accordance with the principles, hereinafter set out, that is to say:-

(a) Where the amount of compensation can be fixed by agreement, it shall be paid in

accordance with such agreement.

(b) Where no such agreement can be reached, the Central Government shall appoint

as arbitrator a person qualified for appointment as a Judge of a High Court.

(c) The Central Government may, in any particular case, nominate a person having

expert knowledge of the kind of property which has been acquired, to be an

assessor to assist the arbitrator, and where such nomination is made; the person to

be compensated may also nominate an assessor for the said purpose.

(d) At the commencement of the proceedings before the arbitrator, the Central

government and the person to be compensated shall state what in their respective

opinions a fair amount of compensation.

(e) The arbitrator in making his award shall have regarded to:-

(i) the provisions of sub-section (1) of section 23 of the Land Acquisition I

of 1894 Act, 1894 so far as the same can be made applicable; and

(ii) Whether the acquisition is of a permanent or temporary character:

Provided that where any property requisitioned under any rule made under this Act is

subsequently acquired under Section 7 or any such rule, the arbitrator in any proceedings in

connection with such acquisition shall, for the purpose of the provisions of the said section 23,

take into consideration the market value of the property at the date of its requisition as aforesaid

and not at the date of its subsequent acquisition.

(f) An appeal shall lie to the High Court against any award of an arbitrate except in

cases where the amount awarded does not exceed an amount prescribed in this

behalf by rule made by the Central Government.

(g) Save as provided in this section and in any rules made there under, nothing in any

law for the time being in force shall apply to arbitrations under this section.

(2) The Central Government may make rules for the purpose of carrying into effect the

provisions of this section.

(3) In particular and without prejudice to the generality of the foregoing power such

rules may prescribe:-

(a) the procedure to be followed in arbitrations under this section;

(b) the principles to be followed in apportioning the costs of proceeding before the

arbitrator and on appeal;

(c) the maximum amount of an award against which no appeal shall lie.

7. Power to acquire requisitioned property.– (1) without prejudice to any power to acquire

property conferred by any rule made under this Act, any immovable property which has been

requisitioned under any rule so made in the manner provided by any such rules for the acquisition

of property, be acquired in the circumstances and by the Government hereinafter specified,

namely:-

(a) where any works have, during the period of requisition, been constructed, in or over

the property wholly or partly at the expense of Government by the Government if it

decides that the value, of or the right to use, such works shall, by means of the

acquisition of the property, be preserved or secured for the purposes of any

Government; or

(b) where the cost to any Government of restoring the property to its condition 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 at that time, by that

Government and at the beginning of the day on which notice of such acquisition is

served or published under the aforesaid rules, the immoveable property shall vest

in the acquiring Government free from any mortgage, pledge, lien or similar

encumbrance, and the period of the requisition there of shall end.

(2) Any decision of determination of a Government under Sub-section (1) shall be final,

and shall not be called in question in any Court.

(3) For the purposes of this section “works” includes buildings, constructions and

improvements of the property of every description.

8. Released from requisition.– (1) Where any property requisitioned under any rules made

under this Act is to be released from such requisition the Government by which or under whose

authority the property was requisitioned or any person generally or punctually authorised by it in

this behalf may, after 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.

(2) The delivery of possession of the property to the person specified in an order under

sub-section (I) shall be a full discharge of the Government from all liabilities in respect of the

property, but shall not prejudice any rights in respect of the property which any other person may

be entitled by due process of law to enforce against the property shall be given.

9. Delegation of powers under the Act.– The Central Government may by notification in the

Official Gazette, direct that all or any of the power or duties which under the provisions of this Act

or rules made there under are conferred or imposed upon the Central Government shall be

exercised or discharged by any officer or authority sub-ordinate to it or by the Provincial

Government; and the Provincial Government may by a like notification, direct that all or any of the

powers or duties as aforesaid, to be exercised or discharged by it, shall be exercised and

discharged by any officer or authority sub -ordinate to it.

10. Repeal of Ordinance VIII of 1951.– (1) The Civil Defence Ordinance, 1951 is hereby

repealed.

(2) Every appointment, order or rule made under the Civil Defence (Special Powers)

Ordinance, 1951 and maintained in force under the Civil Defence Ordinance, 1951, or made,

under Civil Defence Ordinance, 1951, shall, if in force immediately before the commencement of

this Act, and so far as it is not inconsistent with the provisions of this Act, be deemed to have

been made under the provisions of the Act, and have effect accordingly subject to the provisions

of this Act.