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  "title": "CIVIL DEFENCE ACT, 1952",
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  "text": "THE CIVIL DEFENCE ACT, 1952 \r\n(XXXI of 1952) \r\nCONTENTS \r\n1. Short title, extent and Commencement  \r\n1-A. Definition \r\n2. Power to make rules \r\n3. Ordinary avocations of life to be interfered with as little as possible \r\n4. Saving as to orders  \r\n5. Prosecution of action taken under the Act  \r\n6. Compensation to be paid in accordance with certain principles for \r\ncompulsory acquisition of immovable property, etc \r\n7. Power to acquire requisitioned property \r\n8. Released from requisition  \r\n9. Delegation of powers under the Act \r\n10. Repeal of Ordinance VIII of 1951 \r\n \r\nTEXT \r\nTHE CIVIL DEFENCE ACT, 1952 \r\n1\r\n(XXXI of 1952) \r\n[29th April, 1952] \r\nAn \r\nAct \r\nto provide for powers to secure the civil defence of \r\n2\r\n[Pakistan]. \r\n WHEREAS it is necessary to provide for powers to secure the civil defence of \r\n3\r\n[Pakistan]; \r\n It is hereby enacted as follows:– \r\n1. Short title , extent  and commencement.– (1) This Act may be called the \r\nCivil Defence Act, 1952. \r\n(2) It extends to the whole of Pakistan. \r\n(3) It shall come into force at once. \r\n4\r\n[1A. Definitions.– In this Act, unless there is anything repugnant in the subject or \r\ncontext,– \r\n5\r\n[(1) civil defence includes any measures not amounting to actual combat, \r\nfor affording defence against any form of hostile attack by a foreign \r\npower or for depriving any form of hostile attack  by a foreign power of \r\nits effect, whether such measures are taken before , during or after the \r\ntime of the attack , and includes remedial measures during calamity or \r\ndisaster in peace time;] \r\n(2) „Civil Defence Services‟ means the services formed wholly or m ainly to \r\nmeet the needs of civil defence.] \r\n2. Power to make rules.– (1) The \r\n6\r\n[Federal Government] may by notification in \r\nthe official Gazette make such\r\n7\r\n[rules] as appear to it to be necessary or expedient for \r\nsecuring the civil defence of \r\n8\r\n[Pakistan]. \r\n                                                 \r\n1For statement of Objects and Reasons, see Gazette of Pakistan (Extraordinary)  1952, p.287 \r\n2Substituted 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 \r\nand Schedule. \r\n3Substituted 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 \r\nand Schedule. \r\n4Inserted by the Civil Defence (Amendment) Act, 1966 (X of 1966), w.e.f. 18.6.1966, s.2. \r\n5Substituted by the Civil Defence (Amendment) Act, 1994 (XXII of 1994), w.e.f. 4.12.1994, s.2. \r\n6Substituted, for “Central Government”, by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975) ) Article 2 & Table w.e.f \r\n1.8.1975; and published in Gazette of Pakistan, (Extraordinary) Part-I. \r\n7For the Civil Defence (Special Pow ers) Rules, 1951, see Gaz ette of Pakistan, 1951, (Extraordinary), pp. 571 -582; for the \r\nRailway Air Raid precautions Service Rules, 1951, see ibid., pp. 667-672. \r\n8Substituted 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 \r\nand Schedule. \r\n(2) Without prejudice to the generality of  the powers conferred by sub -\r\nsection (1) such rules may pr ovide for , or may empower any authority to make \r\norders providing for, all or any of the following matters, namely:– \r\n9\r\n[(a) the constitution, enrolment, disciplin e, powers, duties, privileges and \r\nprotection of Civil Defence Services; \r\n(b) preventing or prohibiting anything likely to ass ist the enemy or to \r\nprejudice the  successful conduct of civil defence including acts , \r\npublications or communications prejudicial to civil defence; \r\n(c) requiring any person or class of persons to comply wi th any scheme of \r\ncivil defence; \r\n(d) ensuring the safety of any place or  things used or intended to be used \r\nfor the purposes of Government or a local authority, the protection of \r\nwhich is considered necessary or expedient for securing civil defence; \r\n(e) the control of lights, sounds and vehicles; \r\n(f) the control of trade or industry for the purposes of regulating or \r\nincreasing the supply of , and the obtaining of information with regard \r\nto, articles or things of any description whatsoever which may be used \r\nin connection with the conduct of civil defence; \r\n(g) the provision, storage and  maintenance of commodities and material \r\nrequired for the conduct of civil defence; \r\n(h) the provision, cons truction, maintenance or alteration of building s, \r\npremises or other structures required for the conduct of civil defence;  \r\n(i) the measures for preventing and dealing with the outbreak of fire; \r\n(j) preventing or controlling any use of uniforms, whether off icial or \r\notherwise, flags, official decorations like medals, badges and other \r\ninsignia and anything similar thereto, where such use is calculated or \r\nlikely to deceive the public or to prejudice civil defence; \r\n(k) the salvage of damaged buildings and proper ty and disposal of the \r\ndead; \r\n(l) the evacuation of areas and  the removal of property or animals \r\ntherefrom; \r\n(m) the accommodation in an y area of persons evacuated from another \r\narea and the regulation of the conduct of evacuated persons \r\naccommodated in such area; \r\n(n) the billeting of evacuated persons; \r\n(o) the instruction of members of the public in civil defence; \r\n(p) the entry into, and search of , any place reasonably suspected of being \r\nused for any purpose prejudicial to civil defence and for the seizure and \r\ndisposal of anything found there and reasonably suspected of being \r\nused for such purpose; \r\n                                                 \r\n9Substituted for the original clauses (a), (b), (c), (d), (e), (f), (g) and (h)  by the Civil Defence (Am endment) Act, 1966 (X of \r\n1966), w.e.f. 18.6.1966 s.3.  \r\n(q) the requisition of property and acquisition thereof.] \r\n(3) The rules made under sub-section (1) may further– \r\n(a) provide for the arrest and trial of persons  contravening any of the rules \r\nor any order issued thereunder; \r\n(b) provide that any contravention of , or any attempt to contravene, and \r\nany abetment of , or attempt to abet, the contravention of any of the \r\nprovisions of the rules , or any order issued under any s uch provision, \r\nshall be punishable with imprisonment for a term which may extend to \r\nfive years, or with fine which may extend to five thousand rupees, or \r\nwith both\r\n10\r\n[;] \r\n11\r\n[(c) provide for the seizure, detention and forfeiture of any property in \r\nrespect of which such contravention, attempt or abetment as is referred \r\nto in clause (b) has been committed; \r\n(d) prescribe the duties and powers of public servants and other persons \r\nas regards preventing the contravention of, or securing the observance \r\nof, the rules or any order issued thereunder; \r\n(e) provide for preventing the obstruction and deception of, and \r\ndisobedience to, any person acting , and interfering with any notice \r\nissued, in pursuance of the rules or of any order issued thereunder; \r\n(f) make provision prohi biting attempts to screen from punishment any \r\nperson contravening any of the rules or any order issued thereunder.] \r\n3. Ordinary avocations of life to be interfered with as little as possible.– An \r\nauthority or a person acting in pursuance of this Act shall interfere with the ordinary \r\navocations of life and the enjoyment of property as little as may be consonant with \r\nthe purpose of ensuring the public safety and interest and the defence of Pakistan. \r\n4. Savings as to orders .– (1) No order made in exercise of a ny power \r\nconferred by or under this Act shall be called in question in any Court. \r\n(2) Where an order purports to have been made and signed by an \r\nauthority in exercise of any power conferred by or under this Act, the Court shall, \r\nwithin the meaning of  the Evidence Act, 1872 , (I of 1872 ), presume that such order \r\nwas so made by that authority. \r\n5. Protection of action taken under the Act.– (1) No suit, prosecution or other \r\nlegal proceeding shall lie against any person for anything which is in good faith done \r\nor intended to be done in pursuance of this Act or any rules made thereunder or any \r\norder issued under any such rule. \r\n(2) Save as otherwise expressly pro vided under this Act , no suit or  other \r\nlegal proceeding shall lie against the \r\n12\r\n[Government] for any damage caused or likely \r\nto be caused by anything in good faith done or intended to be done in pursuance of \r\nthis Act or any rules made thereunder or any order issued under any such rule. \r\n                                                 \r\n10Substituted for the full stop by the Civil Defence (Amendment) Act, 1966 (X of 1966), w.e.f. 18.6.1966 s.3. \r\n11Added by the Civil Defence (Amendment) Act, 1966 (X of 1966), w.e.f. 18.6.1966 s.3. \r\n12Substituted for “Crown” by the Central Laws Adaption Order, 1961, (P.O. No. 1 of 1961), w.e.f. 23.3.1956; and published in \r\nthe Gazette of Pakistan (Extraordinary) dated 24.1.1961. \r\n6. Compensation to be paid in accordance with certain principles for \r\ncompulsory acquisition of immovable property, etc .– (1) Where under section 7 \r\nby or under any rule made under this Act any action is taken of the nature described \r\nin \r\n13\r\n[\r\n14\r\n[Article 24] of the Constitution], there shall be paid compensation, the amount of \r\nwhich shal l be determined in the  manner, and in accordance with  the principles, \r\nhereinafter set out, that is to say:– \r\n(a) Where the amount of compensation can be fixed by agreement, it shall \r\nbe paid in accordance with such agreement. \r\n(b) Where no such agreement can be reached, the \r\n15\r\n[Federal Government] \r\nshall appoint as arbitrator a person  qualified \r\n16\r\n[* * * * *] for appointment \r\nas a Judge of a High Court. \r\n(c) The \r\n17\r\n[Federal Government ] may, in any particular case, nominate a \r\nperson having expert knowledge of the kind of property which has been \r\nacquired, to be an assessor to assist the arbitrator, and where such \r\nnomination is made, the person to be compensated may also nominate \r\nan assessor for the said purpose. \r\n(d) At the commencement of the proceed ings before the arbitrator, the \r\n18\r\n[Federal Government] and the person to be compensated shall state \r\nwhat in their respective opinions is a fair amount of compensation. \r\n(e) The arbitrator in making his award shall have regard to– \r\n(i) the provisions of sub -section (1) of section 23 of the Land \r\nAcquisition Act, 1894  (I of 1894),  so far as the same can be \r\nmade applicable; and  \r\n(ii) whether the acquisition is of a permanent or temporary \r\ncharacter: \r\nProvided that where any property requisitioned under any rule made  under \r\nthis Act, is subsequently acquired under section 7 or any  such rule, the arbitrator in \r\nany proceedings in connection with such acquisition shall, for the purpose s of the \r\nprovisions of the  said section 23, take into consideration the market -value of the  \r\nproperty at the date of its requisitio n as aforesaid and not at the date of its \r\nsubsequent acquisition. \r\n(f) An appeal shall lie to the High Court against any award of an arbitrator \r\nexcept in cases where the amount awarded does not exceed an \r\n                                                 \r\n13Substituted for  “sub-section (2) of section 299 of the Government of India Act, 1935” by the Central Laws Adaption Order, \r\n1961, (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 \r\n2 and Schedule. \r\n14Firstly 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. \r\n28.5.1964 Article 2 and Schedule  and subsequently substituted for “paragraph 14 of Rights under Article 6”  by the Federal \r\nLaws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), w.e.f. 8.7.1981 s.3 and 2nd Schedule. \r\n15Substituted, for “Central Government”, by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975) Article 2 & Table w.e.f \r\n1.8.1975; and published in Gazette of Pakistan, (Extraordinary) Part-I. \r\n16Omitted by the original words, brackets, figures and commas “under sub-section (3) of section 220 of the Government of India \r\nAct, 1935 ” by Adaption Order, 1961 Article 2 and Schedule w.e.f. 23.3. 1956; and published in the Gazette of Pakistan \r\n(Extraordinary) dated 24.1.1961. \r\n17Substituted, for “Central Government”, by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975) Article 2 & Table w.e.f \r\n1.8.1975; and published in Gazette of Pakistan, (Extraordinary) Part-I. \r\n18Substituted, for “Central Government”, by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975) Article 2 & Table w.e.f \r\n1.8.1975; and published in Gazette of Pakistan, (Extraordinary) Part-I. \r\namount prescribed in this behalf by rule made by the \r\n19\r\n[Federal \r\nGovernment]. \r\n(g) Save as provided in this section and in any rules made  thereunder, \r\nnothing in any law for the time being in force shall apply to arbitrations \r\nunder this section. \r\n(2) The \r\n20\r\n[Federal Government] may make rules for the purpose of carrying \r\ninto effect the provisions of this section. \r\n(3) In particular and without prejudice to the generality of the foregoing \r\npower, such rules may prescribe– \r\n(a) the procedure to be followed in arbitrations under this section; \r\n(b) the principles to be followed in apportioning the costs of proceeding s \r\nbefore the arbitrator and on appeal; \r\n(c) the maximum amount of an award against which no appeal shall lie. \r\n7. Power to acquire requisitioned property .– (1) Without prejudice to any \r\npower to acquire property conferred by any rule made under this Act, any immovable \r\nproperty which has been requisitioned under any rule so made may in the manner \r\nprovided by any such rules for the acquisition of property, be acquired in the \r\ncircumstances and by the Government hereinafter specified, namely:– \r\n(a) where any works have, during the period of requisition, been \r\nconstructed on, in o r over the property wholly or partly at the expense \r\nof any Government, by that Government if it decides that the value of , \r\nor the right to use, such works shall, b y means of the acquisition of the  \r\nproperty, be preserved or secured for the purposes of any \r\nGovernment; or  \r\n(b) where the cost to any Government of restoring the property to its \r\ncondition at the time of its requisition as aforesaid would, in the \r\ndetermination of that Government, be excessive having  regard to the \r\nvalue of the property at that time, by that Government ; and at the \r\nbeginning of the day on which notice of such acquisition is served or \r\npublished under the aforesaid rules, the immoveable  property sh all \r\nvest in the acquiring Government  free from any mortgage, pledge, lien \r\nor similar encumbrance, a nd the period of the requisition thereof shall \r\nend. \r\n(2) Any decision or determination of a Government under sub-section (1) \r\nshall be final, and shall not be called in question in any Court. \r\n(3) For the purposes of this section “works” includes buildings, \r\nconstructions and improvements of the property, of every description. \r\n8. Released from requisition.– (1) Where any property requisitioned under any \r\nrule made under this Act is to be released from such requisition , the Government by \r\n                                                 \r\n19Substituted for “Central Government”, by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975) Article 2 & Table w.e.f \r\n1.8.1975; and published in Gazette of Pakistan, (Extraordinary) Part-I. \r\n20Substituted, for “Central Government”, by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975) Article 2 & Table w.e.f \r\n1.8.1975; and published in Gazette of Pakistan, (Extraordinary) Part-I. \r\nwhich or under whose authority the property was requisitioned or any person \r\ngenerally or specially authorised by it in this behalf may, after such enquiry, if any, as \r\nit or he may in any case consider it necessary to make or cause to be made, specify \r\nby order in writing the person to whom possession of the property shall be given. \r\n(2) The delivery of possession of the property to the person specified in an \r\norder under sub -section (1 ) shall be a full discharge of the Government from all \r\nliabilities in respect of the property, but shall not prejudice any rights in respect of the \r\nproperty which any other person may be entitled by due process of law to enforce \r\nagainst the person to whom possession of the property is given.  \r\n9. Delegation of powers under the Acts.– The \r\n21\r\n[Federal Government] may, by \r\n22\r\n[notification] in the official Gazette, direct that all or any of the power s or duties \r\nwhich under the provisions of this Act or rules made thereunder are  conferred or \r\nimposed upon the  \r\n23\r\n[Federal Government] shall be exercised or discharged by any \r\nofficer or authority subordinate to it or by the Provincial Government; and the \r\nProvincial Government may, by a like notification, direct that all or any of the  powers \r\nor duties as aforesaid, to be exercised or discharged by it, shall be exercised and \r\ndischarged by any officer or authority subordinate to it. \r\n10. Repeal of Ordinance VIII of 1951.– (1) The Civil Defence Ordinance, 1951 is \r\nhereby repealed. \r\n(2) Every appointment, order or rule made under the Civil Defence \r\n(Special Powers) Ordinance , 1951, and maintained in force under the C ivil Defence \r\nOrdinance, 1951 or made under the Civil Defence Ordinance, 1951, shall, if in force \r\nimmediately before the commencement of this Act, and so far as it is not inconsistent \r\nwith the provisions of this Act, be deemed to have been  made under the provisions \r\nof this Act, and have effect accordingly subject to the provisions of this Act. \r\n                                                 \r\n21Substituted, for “Central Government”, by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975) Article 2 & Table w.e.f \r\n1.8.1975; and published in Gazette of Pakistan, (Extraordinary) Part-I. \r\n22For such notification, see Gazette of Pakistan (Extraordinary), 1951, p.582. \r\n23Substituted, for “Central Government”, by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975) Article 2 & Table w.e.f \r\n1.8.1975; and published in Gazette of Pakistan, (Extraordinary) Part-I.",
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