CIVIL DEFENCE ACT, 1952

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THE CIVIL DEFENCE ACT, 1952 
(XXXI of 1952) 
CONTENTS 
1. Short title, extent 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 
THE CIVIL DEFENCE ACT, 1952 
1
(XXXI of 1952) 
[29th April, 1952] 
An 
Act 
to provide for powers to secure the civil defence of 
2
[Pakistan]. 
 WHEREAS it is necessary to provide for powers to secure the civil defence of 
3
[Pakistan]; 
 It is hereby enacted as follows:– 
1. Short title , extent  and commencement.– (1) This Act may be called the 
Civil Defence Act, 1952. 
(2) It extends to the whole of Pakistan. 
(3) It shall come into force at once. 
4
[1A. Definitions.– In this Act, unless there is anything repugnant in the subject or 
context,– 
5
[(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, whether such measures are taken before , during or after the 
time of the attack , and includes remedial measures during calamity or 
disaster in peace time;] 
(2) „Civil Defence Services‟ means the services formed wholly or m ainly to 
meet the needs of civil defence.] 
2. Power to make rules.– (1) The 
6
[Federal Government] may by notification in 
the official Gazette make such
7
[rules] as appear to it to be necessary or expedient for 
securing the civil defence of 
8
[Pakistan]. 
                                                 
1For statement of Objects and Reasons, see Gazette of Pakistan (Extraordinary)  1952, p.287 
2Substituted for “the Federation” by the Central Adaptation of Laws Order, 1964, (P.O. No. I of 1964) w.e.f. 28.5.1964, Article.2 
and Schedule. 
3Substituted for “the Federation” by the Central Adaptation of Laws Order, 1964, (P.O. No. I of 1964) w.e.f. 28.5.1964, Article.2 
and Schedule. 
4Inserted by the Civil Defence (Amendment) Act, 1966 (X of 1966), w.e.f. 18.6.1966, s.2. 
5Substituted by the Civil Defence (Amendment) Act, 1994 (XXII of 1994), w.e.f. 4.12.1994, s.2. 
6Substituted, for “Central Government”, by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975) ) Article 2 & Table w.e.f 
1.8.1975; and published in Gazette of Pakistan, (Extraordinary) Part-I. 
7For the Civil Defence (Special Pow ers) Rules, 1951, see Gaz ette of Pakistan, 1951, (Extraordinary), pp. 571 -582; for the 
Railway Air Raid precautions Service Rules, 1951, see ibid., pp. 667-672. 
8Substituted for “the Federation” by the Central Adaptation of Laws Order, 1964, (P.O. No. I of  1964) w.e.f. 28.5.1964, Article.2 
and Schedule. 
(2) Without prejudice to the generality of  the powers conferred by sub -
section (1) such rules may pr ovide for , or may empower any authority to make 
orders providing for, all or any of the following matters, namely:– 
9
[(a) the constitution, enrolment, disciplin e, powers, duties, privileges and 
protection of Civil Defence Services; 
(b) preventing or prohibiting anything likely to ass ist 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 wi th any scheme of 
civil defence; 
(d) ensuring the safety of any place or  things used or 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, cons truction, maintenance or alteration of building s, 
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 off icial 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 proper ty and disposal of the 
dead; 
(l) the evacuation of areas and  the removal of property or animals 
therefrom; 
(m) the accommodation in an y 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 purpose; 
                                                 
9Substituted for the original clauses (a), (b), (c), (d), (e), (f), (g) and (h)  by the Civil Defence (Am endment) Act, 1966 (X of 
1966), w.e.f. 18.6.1966 s.3.  
(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 thereunder; 
(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 s uch 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
10
[;] 
11
[(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 thereunder; 
(f) make provision prohi biting 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.– An 
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. Savings as to orders .– (1) No order made in exercise of a ny 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 , (I of 1872 ), presume that such order 
was so made by that authority. 
5. Protection of action taken under the Act.– (1) No suit, prosecution or other 
legal proceeding shall lie against any person for anything which is in good faith done 
or intended to be done in pursuance of this Act or any rules made thereunder or any 
order issued under any such rule. 
(2) Save as otherwise expressly pro vided under this Act , no suit or  other 
legal proceeding shall lie against the 
12
[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 thereunder or any order issued under any such rule. 
                                                 
10Substituted for the full stop by the Civil Defence (Amendment) Act, 1966 (X of 1966), w.e.f. 18.6.1966 s.3. 
11Added by the Civil Defence (Amendment) Act, 1966 (X of 1966), w.e.f. 18.6.1966 s.3. 
12Substituted for “Crown” by the Central Laws Adaption Order, 1961, (P.O. No. 1 of 1961), w.e.f. 23.3.1956; and published in 
the Gazette of Pakistan (Extraordinary) dated 24.1.1961. 
6. Compensation to be paid in accordance with certain principles for 
compulsory acquisition of immovable property, etc .– (1) Where under section 7 
by or under any rule made under this Act any action is taken of the nature described 
in 
13
[
14
[Article 24] of the Constitution], there shall be paid compensation, the amount of 
which shal l 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 
15
[Federal Government] 
shall appoint as arbitrator a person  qualified 
16
[* * * * *] for appointment 
as a Judge of a High Court. 
(c) The 
17
[Federal 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 proceed ings before the arbitrator, the 
18
[Federal Government] and the person to be compensated shall state 
what in their respective opinions is a fair amount of compensation. 
(e) The arbitrator in making his award shall have regard to– 
(i) the provisions of sub -section (1) of section 23 of the Land 
Acquisition Act, 1894  (I of 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 s of the 
provisions of the  said section 23, take into consideration the market -value of the  
property at the date of its requisitio n 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 arbitrator 
except in cases where the amount awarded does not exceed an 
                                                 
13Substituted for  “sub-section (2) of section 299 of the Government of India Act, 1935” by the Central Laws Adaption Order, 
1961, (P.O. No. 1 of 1961), w.e.f. 23.3.1956; and published i n the Gazette of Pakistan (Extraordinary) dated 24.1.1961, Article 
2 and Schedule. 
14Firstly s ubstituted for “clause 2 of Article 15” by the Central Adaption of Laws Order, 1964, (P.O. No. 1 of 1964), w.e.f. 
28.5.1964 Article 2 and Schedule  and subsequently substituted for “paragraph 14 of Rights under Article 6”  by the Federal 
Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), w.e.f. 8.7.1981 s.3 and 2nd Schedule. 
15Substituted, for “Central Government”, by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975) Article 2 & Table w.e.f 
1.8.1975; and published in Gazette of Pakistan, (Extraordinary) Part-I. 
16Omitted by the original words, brackets, figures and commas “under sub-section (3) of section 220 of the Government of India 
Act, 1935 ” by Adaption Order, 1961 Article 2 and Schedule w.e.f. 23.3. 1956; and published in the Gazette of Pakistan 
(Extraordinary) dated 24.1.1961. 
17Substituted, for “Central Government”, by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975) Article 2 & Table w.e.f 
1.8.1975; and published in Gazette of Pakistan, (Extraordinary) Part-I. 
18Substituted, for “Central Government”, by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975) Article 2 & Table w.e.f 
1.8.1975; and published in Gazette of Pakistan, (Extraordinary) Part-I. 
amount prescribed in this behalf by rule made by the 
19
[Federal 
Government]. 
(g) Save as provided in this section and in any rules made  thereunder, 
nothing in any law for the time being in force shall apply to arbitrations 
under this section. 
(2) The 
20
[Federal 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 s 
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 may 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 on, in o r over the property wholly or partly at the expense 
of any Government, by that Government if it decides that the value of , 
or the right to use, such works shall, b y 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 sh all 
vest in the acquiring Government  free from any mortgage, pledge, lien 
or similar encumbrance, a nd the period of the requisition thereof shall 
end. 
(2) Any decision or 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 
rule made under this Act is to be released from such requisition , the Government by 
                                                 
19Substituted for “Central Government”, by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975) Article 2 & Table w.e.f 
1.8.1975; and published in Gazette of Pakistan, (Extraordinary) Part-I. 
20Substituted, for “Central Government”, by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975) Article 2 & Table w.e.f 
1.8.1975; and published in Gazette of Pakistan, (Extraordinary) Part-I. 
which or under whose authority the property was requisitioned or any person 
generally or specially 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 (1 ) 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 person to whom possession of the property is given.  
9. Delegation of powers under the Acts.– The 
21
[Federal Government] may, by 
22
[notification] in the official Gazette, direct that all or any of the power s or duties 
which under the provisions of this Act or rules made thereunder are  conferred or 
imposed upon the  
23
[Federal Government] shall be exercised or discharged by any 
officer or authority subordinate 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 subordinate 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 C ivil Defence 
Ordinance, 1951 or made under the 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 this Act, and have effect accordingly subject to the provisions of this Act. 
                                                 
21Substituted, for “Central Government”, by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975) Article 2 & Table w.e.f 
1.8.1975; and published in Gazette of Pakistan, (Extraordinary) Part-I. 
22For such notification, see Gazette of Pakistan (Extraordinary), 1951, p.582. 
23Substituted, for “Central Government”, by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975) Article 2 & Table w.e.f 
1.8.1975; and published in Gazette of Pakistan, (Extraordinary) Part-I.