CANTONMENTS ACT, 1924
(1) This Act may be called the Cantonments Act, 1924.
(2) It extends to the whole of India 1 [***] 2 [***]
(3) The Central Government may, by notification in the Official Gazette, direct that this Act, or any provisions thereof which it may specify, shall come into force on such date 3 [***]as it may appoint in this behalf.
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1. The words "except Part B States" omitted by Act 53 of 1950, section 4.
2. The words "including British Baluchistan" rep. By the A.O. 1948.
3. 1st May, 1924; see Gazette of India, 1924, Pt. I, pg. 217.
In this Act, unless there is anything repugnant in the subject or context,--
(i) "Assistant Health Officer" means the medical officer appointed by the1 [Officer Commanding-in-Chief, the Command,]to be the Assistant Health Officer for a cantonment;
(ii) "Board" means a Cantonment Board constituted under this Act;
2 [(iia) "boundary wall" means a wall which abuts on a street and which does net exceed 3 [two and a half metres in height];
4 [***]
5 [(iv) "building" means a house, outhouse, stable, latrine, shed, hut or other roofed structure whether of masonry, brick, wood, mud, metal or other material, and part thereof, and includes a well and a wall 6 [(other than a boundary wall)] but does not include a
[Rep. by the Cantonments (Amendment) Act, 1954 (2 of 1954), section 3.]
(1) The1[Central Government]2[* * *] may, by notification in the Official Gazette, declare any place or places in which any part of3[the Forces] is quartered or which, being in the vicinity of any such place or places, is or are required for the service of such forces to be a cantonment for the purpose of this Act and of all other enactments for the time being in force, and4[* * *] may, by a like notification, declare that any cantonment shall cease to be a cantonment.
(2) The1[Central Government]2[***] may, by a like notification, define the limits of any cantonment for the aforesaid purposes.
5[(3) When any place is declared a cantonment for the first time, the Central Government may, until a Board is constituted in accordance with the provisions of this Act, by order make any provision which appears necessary to it either for the admi
(1) The1[Central Government]2[* * *] may3[after consulting the State Government and the Board concerned], by notification in the Official Gazette, declare its intention to include within4[the cantonment] any to cal area situated in the5[* * *] vicinity thereof or to exclude from4[the cantonment] any to cal area comprised therein.
(2) Any inhabitant of a cantonment or to cal area in respect of which a notification has been published under sub-section (1) may, within six weeks from the date of the notification, submit in writing to the1[Central Government] through the Officer Commanding-in-Chief, the Command, an objection to the notification and the1[Central Government] shall take such objection into consideration.
(3) On the expiry of six weeks from the date of the notification, the1[Central Government] may2[* * *] after considering the o
When, by a notification under section 4, any local area is included in a cantonment, such area shall thereupon become subject to this Act and to all other enactments for the time being in force throughout the cantonment and to all notifications, rules, regulations, bye-laws, orders and directions issued or made thereunder.
(1) When, by a notification under section 3, any cantonment ceases to be a cantonment and the local area comprised therein is immediately placed under the control of a local authority, the balance of the cantonment fund and other property vesting in the1[Board] shall vest in such local authority, and the liabilities of the1[Board] shall be transferred to such local authority.
(2) When, in like manner, any cantonment ceases to be a cantonment and the local area comprised therein is not immediately placed under the control of a local authority, the balance of the cantonment fund and other property vesting in the1[Board] shall vest in Government, and the liabilities of the1[Board] shall be transferred to the2[the Central Government].
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1. Substituted by Act 24 of 1936, se
(I) When, by a notification under section 4, any to cal area forming part of a cantonment ceases to be under the control of a particular1[Board] and is immediately placed under the control of some other to cal authority, such portion of the cantonment fund and other property vesting in the1[Board] and such portion of the liabilities of the1[Board], as the Central Government may, by general or special order, direct, shall be transferred to that other to cal authority.
(2) When, in like manner, any to cal area forming part of a cantonment ceases to be under the control of a particular2[Board] and is not immediately placed under the control of some other to cal authority; such portion of the cantonment fund and other property vesting in the2[Board] shall vest in Government, and such portion of the liabilities of the2[Board] shall be transferred to the3[Central Government], as the Cent
Any cantonment fund or portion of a cantonment fund or other property of a1[Board] vesting in Government under the provisions of section 6 or section 7 shall be applied in the first place to satisfy any liabilities of the1[Board] transferred under such provisions to the2[Central Government], and in the second place for the benefit of the inhabitants of the to cal area which has ceased to be a cantonment or, as the case may be, part of a cantonment.
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1. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority".
2. Substituted by the A.O. 1937, for "Secretary of State in Council".
The 1 [Central Government] may, 2 [* * *] by notification in the Official Gazette, exclude from the operation of any part of this Act the whole or any part of a cantonment, or direct that any provision of this Act shall, in the case of any cantonment-
3 [(a) situated within the limits of a Presidency-town; or
(b) in which the Board is superseded under section 54,]
apply with such modifications as may be so specified.
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1. Substituted by the A.O. 1937, for "L.G.".
2. The words "with the previous section of the G.G. in C," rep. by the A.O. 1937.
3. Substituted by Act 24 of 1936, section 4, for
1[10. Cantonment Board and Executive Officer--
For every cantonment there shall be a Cantonment Board2[* * *].]
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1. Substituted by Act 24 of 1936, section 5, for original section.
2. The words "and an Executive Officer" omitted by Act 15 of 1983, section 4 w.e.f. 1-10-1983.
Every Board shall, by the name of the place by reference to which the cantonment is known, be a body corporate having perpetual succession and a common seal with power to acquire and hold property both movable and immovable and to contract and shall by the said name, sue and be sued.]
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1. Substituted by Act 24 of 1936, section 5, for original section.
[Rep. by the Cantonments (Amendment) Act, 1983 (15 of 1983). section5 (w.e.f. 1-10-I983).]
(1) Cantonments shall be divided into three classes, namely:--
(i) Class I Cantonments, in which the civil population exceeds ten thousand;
(ii) Class II Cantonments, in which the civil population exceeds two thousand five hundred, but does not exceed ten
thousand; and
(iii) Class III Cantonments, in which the civil population does not exceed two thousand five hundred.
2[***]
(2) For the purposes of sub-section (1), the civil population shall be calculated in accordance with the latest official census, or, if the Central Government, by general or special order, so directs, in accordance with a special census taken for the purpose.
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(1) Notwithstanding anything contained in section 13, if the Central Government is satisfied--
(a) that, by reason of military operations, it is necessary, or
(b) [* * *] that, for the administration of the cantonment, it is desirable,
to vary the constitution of the Board in any cantonment under this section, the Central Government may, by notification in the Official Gazette, make a declaration to that effect.
(2) Upon the making of a declaration under sub-section (1), the Board in the cantonment shall consist of the following members, namely :--
(a) the Officer Commanding the station;
(b) one military officer nominated-by name by the Officer Commanding the s
(1) Save as otherwise provided in this section, the term of office of a member of a Board shall be 1 [five years] and shall commence from the date of the notification of his election or nomination under 2 [sub-section (7) of section 13], or from the date on which the vacancy has occurred in which he is elected or nominated, whichever date is later:
3 [Provided that the Central Government may, when satisfied that it is necessary in order to avoid administrative difficulty, extend the term of office of all the elected members of a Board by such period, not exceeding one year, as it thinks fit:]
4 [Provided further that a member whose term of office has been so extended, shall cease to hold office on the date of the notification of the election of his successor under sub-section (7) of section 13].
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(1) Vacancies arising by efflux of time in the office of an elected member of a Board shall be filled by an ordinary election to be held on such date as the1[Central Government] may, by notification in the Official Gazette, direct.
(2) A casual vacancy shall be filled by a casual election the date of which shall be fixed by the1[Central Government] by notification in the Official Gazette, and shall be, as soon as may be, after the occurrence of the vacancy:
Provided that no casual election shall be held to fill a vacancy occurring within2[six months] of any date on which the vacancy will occur by efflux of time, but such vacancy shall be filled at the next ordinary election.
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1. Substituted by the A.O. 1937, for "L.G.".
(1) If from any cause at an ordinary election no member is elected, or if the elected member is unwilling to serve on the Board, the outgoing member shall, if qualified and willing to serve, be deemed to have been re-elected:
1 [Provided that where there are more outgoing members qualified and willing to serve than there are vacancies to be filled under this sub-section, the outgoing members so deemed to have been re-elected shall, failing agreement amongst such members, be determined by lot under the supervision of the President of the Board and in such manner as he may decide.]
2 [(1A) If a person is elected to more than one seat in a Board, then, unless he resigns all but one of the seats within fourteen days from the date on which he is declared elected, or where the dates on which he is declared elected are different in respect of d
(1) Every person who is by virtue of his office, or who is nominated or elected to be, a member of the Board shall, before taking his seat, make and subscribe at a meeting of the Board an oath or affirmation of his allegiance to the Constitution of India in the following form, namely:--
"I. A., B., having become/been elected / been nominated a member of this Board, do. swear in the name/solemnly affirm of God that I will bear true faith and allegiance to the Constitution of India as by law established and that I will faithfully discharge the duty upon which I am about to enter".
(2) If any such person fails to make and Substituted cribe the oath or affirmation at one of the first two meetings held after the date of commencement of his term of office, the Central Government shall, by notification in the Official Gazette, declare his seat
1[(1) (a) Any elected member of a Board who wishes to resign his office may give his resignation in writing to the President of the Board who shall forward it for orders to the Central Government under intimation to the Officer Commanding-in-Chief, the Command.
(b) Any nominated member of a Board who wishes to resign his office may forward his resignation in writing through the President of the Board to the Officer Commanding-in-Chief, the Command for orders.]
(2) If the2[Central Government or the Officer Commanding-in-Chief, the Command, as the case may be,]accepts the resignation, such acceptance shall be communicated to the Board, and thereupon the seat of the member resigning shall become vacant.
3[(3) Notwithstanding anything contained in sub-section (2), the resignation of any person ele
(1)The 1 [Officer Commanding the station] 2 [if amemberof the Board]shall be the President of the Board:
3 [Providedthat when a military officer holding the office of the President ceases to bethe Officer Commanding the station merely by reason of a 4 [temporaryabsence from the station for a period not exceeding thirty consecutive days],he shall not vacate the office of President.]
5 [(2)Where the Officer Commanding the station is not a member of (heBoard,the military officer nominated in his place under clause (a) ofsub-section (3),sub-section (4)or sub-section (5) of section 13 shall be President of the Board.
(3)In every Boardin which there is more than one elected member, there shall be aVice-President elected by the elected members only and from among theirnumber 6 [in accordance with suc
1[((1) The term of office of a Vice-president shall be2[five years] or the residue of his term of office as a member, whichever is less.]
(2) A Vice-President may resign his office by notice in writing to the President and, on the resignation being accepted by the Board, the office shall become vacant.
3[(3) A Vice-President may be removed from his office, at a special meeting convened for the purpose on a requisition for the same by not less than one-half of the elected members of the Board holding office, by a resolution passed by a majority of not less than two-thirds of the total number of elected members then holding office and attending and no member, other than an elected member, shall have the right to vote on the resolution.]
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(1) It shall be the duty of the President of every Board--
(a) unless prevented by reasonable cause, to convene and preside at all meetings of the Board and to regulate the conduct of business thereat;
(b) to 1 [control, direct and supervise] the financial and executive administration of the Board;
(c) to perform all the duties and exercise all the powers specifically imposed or conferred on the President by or under this Act; and
(d) subject to any restrictions, limitations and conditions imposed by this Act, to exercise executive power for the purpose of carrying out the provisions of this Act and to be directly responsible for the fulfilment of the purposes of this Act.
(2) The President may, by order
It shall be the duty of the Vice-President of every Board-
(a) in the absence of the President and unless prevented by reasonable cause, to preside at meetings of the Board and when so presiding to exercise the authority of the President under sub-section (1) of section 22;
(b) during the incapacity or temporary absence of the President or pending his appointment or succession, to perform any other duty and exercise any other power of the President; and
(c) to exercise any power and perform any duty of the President which may be delegated to him under sub-section (2) ofsection 22.
(1) For every cantonment there shall be an Executive Officer appointed by the Central Government or by such person as the Central Government may authorise in this behalf:
Provided that the Board may empower any of its members or officers to exercise or perform in the absence of the Executive Officer from the cantonment all or any of such powers or duties of an Executive Officer under this Act as the Central Government may, by notification in the Official Gazette, specify in this behalf.
Explanation.--In this proviso, the word "officers" shall mean any of the supervisory staff of the Board as may be specified by the Board.
(2) Not less than one-half of the cost of the salary of the Executive Officer shall be paid by the Central Government and the balance from the cantonment fund.
Subject to the Provisions of clause (b) and clause (d) of sub-section (1) of section 22, the Executive Officer shall--
(a) exercise all the powers and perform all the duties conferred or imposed upon him by or under this Act or any other law for the time being in force;
(b) prescribe the duties of and exercise supervision and control over the acts and proceedings of officers and other employees of the Board, other than medical officer-in-charge of the cantonment general hospital or dispensary;
(c) be responsible for the custody of all records of the Board;
(d) arrange for the performance of such duties relative to the proceedings of the Board or of any Committee of the Board or of any Committee of Arbitration constituted under this Act, as those bod
The Executive Officer may, in cases of emergency, direct the execution of any work or the doing of any act which would ordinarily require the sanction of the1[Board] and the immediate execution or doing of which is, in his opinion, necessary for the service or safety of the public, and may direct that the expense of executing such work or doing such act shall be paid from the cantonment fund:
Provided that--
(a)2[* * *] he shall not act under this section without the previous sanction of the President or, in his absence, of the Vice-President;
(b) he shall not act under this section in contravention of any order of the1[Board] prohibiting the execution of any particular work or the doing of any particular act; and
(c) he shall report forthwith the
(1) 1 [* * *] 2 [The Board or, where a Board is not constituted in any place declared by notification under sub-section (1) of section 3 to be a cantonment, the Officer Commanding the station], shall prepare and publish an electoral roll showing the names of persons qualified to vote at elections to the Board. Such roll shall be prepared, revised and finally published in such manner and on such date in each year as the 3 [Central Government] may by rule prescribe.
(2) Every person whose name appears in the final electoral roll shall, so long as the roll remains in force, be entitled to vote at an election to the Board, and no other person shall be so entitled.
(3) When a cantonment has been divided into wards, 4 [* * *] the electoral roll shall be divided into separate lists for each ward [* * *].
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[(1) Every person who, on such date as may be fixed by the Central Government in this behalf by notification in the Official Gazette (hereinafter in this section referred to as "the qualifying date"), is not less than1[eighteen years] of age and who has resided in the cantonment for a period of not less than six months immediately preceding the qualifying date shall, if not otherwise disqualified, be entitled to be enrolled as an elector.
Explanation--When any place is declared a cantonment for the first time, or when any to cal area is first included in a cantonment, residence in the place or area comprising the cantonment on the aforesaid date shall be deemed to be residence in the cantonment for the purposes of this sub-section.]
(2) A person, notwithstanding that he is otherwise qualified, shall not be entitled to be enrolled as an e
(1)Save as hereinafter, provided, every person, not being 1 [a person[holding any office of profit under the Government]], whose name is entered onthe electoral roll of a cantonment shall be qualified for election as a memberof the Board in that cantonment.
2 [(1A)No person shall be qualified for nomination as a member of a Board if he issubject to any of the disqualification specified in sub-section (2) of section27.]
(2)No person shall be qualified for 3 [being chosen (whether by electionor nomination) as, and for being] a member of a Board, if he-
(a)has been dismissed from 4 [the service of the Government] and isdebarred from re-employment therein, or is a dismissed servant of 5 [aBoard or an authority which, before the commencement of the Cantonments(Amendment) Act, 1936 (24 of 1936), exe
(1) For the purposes of sections 26,27 and 28, "person" means an individual human being.
(2) The following shall be deemed to be corrupt practices within the meaning of clause (g) of sub-section (2) of section 28 :--
(1) "Bribery", that is to say,--
(A) any gift, offer or promise by a candidate or his agent or by any other person with the consent of a candidate or his agent of any gratification, to any person whomsoever, with the object, directly or indirectly of inducing--
(a) a person to stand or not to stand as, or to withdraw or not to withdraw from being, a candidate at an election, or
(b) an elector to vote or refrain from voting at an election, or as a reward to--
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[Rep. by the Cantonments (Amendment) Act, 1954 (2 of 1954), section 8.]
The 1 [Central Government] may, either generally or specially for any cantonment or group of cantonments, after previous publication, make rules consistent with this Act to regulate all or any of the following matters for the purpose of the holding of elections under this Act, namely :--
(a) the division of a cantonment into wards 2 [* * *];
(b) the determination of the number of members to be elected by each ward 3 [* * *];
4 [***]
(d) the preparation, revision and final publication of electoral rolls;
(e) the registration of electors, the nomination of candidates, the time and manner of holding elections and the method by
which votes shall be recorded;
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1[(1)] No member of a Board shall vote at a meeting of the Board2[or of any Committee of the Board] on any question relating to his own conduct or3[vote or take part in any discussion] on any matter, other than a matter affecting generally the inhabitants of the cantonment, which affects his own pecuniary interest or the valuation of any property in respect of which he is directly or indirectly interested, or of any property of or for which he is a manager or agent.
3[(2) Where any member of the Board present at the meeting of the Board or any committee of the Board believes that the person presiding over such meeting has pecuniary or other interest in any matter under discussion and moves a motion to that effect, the person so presiding-
(a) shall not be entitled to vote on such motion, and
(
Every member of a Board shall be liable for the loss, waste or misapplication of any money or other property1[belonging to, vested in, or entrusted to the management of, the Board] if such loss, waste or misapplication is a direct consequence of his neglect or misconduct while such member; and a suit for compensation for the same may be instituted against him either by the Board or by the2[Central Government].
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1. Substituted by Act 15 of 1983, section 21, for "belonging to the Board" w.e.f. 1-10-1983.
2. Substituted by the A.O. 1937, for "Secretary of state for India in Council".
1[(1) The [Central Government] may remove from a Board any member thereof who-
(a) becomes2[or is found to have been at the time of his election or nomination] subject, to any of the disqualifications specified in sub- section (2) of section 273[or in section 28]; or
(b) has absented himself for more than three consecutive months from the meetings of the Board and is unable to explain such absence to the satisfaction of the Board.
4[Explanation.--In computing the aforesaid period of three consecutive months, no account shall be taken of any period of absence with the leave of the Board]; or
(c) has knowingly contravened the provisions of section 32; or
(d) being a legal practitioner, acts or appears on be
(1) A member removed under clause(b) of sub-section (1) [or under sub-section (2A)] of section 34 shall, if otherwise qualified, be eligible for re-election or re-nomination.
(2) A member removed under clause (c) or clause (d) of sub-section (1) of section 34 shall not be eligible for re-election or nomination for the period during which, but for such removal, he would have continued in office.
(3) A member removed under sub-section (2) of section 34 shall not be eligible for re-election or nomination until the expiry of three years from the date of his removal.]
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1. Substituted by Act 26 of 1927, section 5, for the original section 35.
Every member of the Board shall be deemed to be a public servant within the meaning of the Indian Penal Code, (45 of 1860) and in the definition of "legal remuneration" in section 161 of that Code, the word "Government" shall, for the purposes of this section, be deemed to include a Board.]
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1. Inserted by Act 15 of 1983, section 23 w.e.f. 1-10-1983.
(1) No person who has directly or indirectly by himself or his partner any share or interest in a contract with, by or on behalf of a1[Board], or in any employment under, by or on behalf a1[Board], otherwise than as a servant of the1[Board], shall become or remain a servant of such1[Board].
(2) A servant of a1[Board] who knowingly acquires or continues to have directly or indirectly by himself or his partner any share or interest in a contract with, by or on behalf of the1[Board] or, in any employment under, by or on behalf of, the1[Board], otherwise than as a servant of the1[Board], shall be deemed to have committed an offence under section 168 of the Indian Penal Code (45 of 1860).
(3) Nothing in this section shall apply to any share or interest in any contract with, by or on behalf of, or employment under, by or on behalf of a1[Board]
Every officer or servant, permanent or temporary, of a [Board] shall be deemed to be a public servant within the meaning of the Indian Penal Code (45 of 1860), and in the definition of "legal remuneration" in section 161 of that Code the word "Government" shall, for the purposes of this section, be deemed to include a2[Board].]
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1. Inserted by Act 7 of 1925, section 5.
2. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority".
(1) Every Board shall ordinarily hold at least one meeting in every month on such day as may be fixed, and of which notice shall be given in such manner as may be provided, by regulations made by the Board under this Chapter.
(2) The President may, whenever he thinks fit, and shall, upon a requisition in writing by not less than one-fourth of the members of the Board, convene a special meeting.
(3) Any meeting may be adjourned until the next or any subsequent day, and an adjourned meeting may be further adjourned in like manner.
Subject to any regulation made by the Board under this Chapter, any business may be transacted at any meeting:
Provided that no business relating to the imposition, abolition or modification of any tax shall be transacted at a meeting unless notice of the same and of the date fixed therefore has been sent to each member not less than seven days before that date.
(1) The quorum necessary for the transaction of business at a meeting of a Board 1 [in which there is more than one elected member] shall be five or one-half of the number of members of the Board actually holding office at the time, whichever is the greater number:
2 [***]
1 [(1A)The quorum necessary for the transaction of business at a meeting of a Board constituted under sub-section (5) of section 13 or under sub-section (1) of section 14, shall be two.]
(2) If a quorum is not present, the President, 3 [ or in the absence of the President, the Vice-President, or in the absence of both the President and the Vice-President, the Secretary] shall adjourn the meeting and the business which would have been brought before the original meeting if there had been a quorum present thereat shall be brou
In the absence of--
(a) both the President and the Vice-President from any meeting of a Board in which there is more than one elected member,
(b) the President from a meeting of a Board constituted under sub-section (5) of section 13 or sub-section (1) of section 14,
the members present shall elect one from among their own number to preside.]
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1. Substituted by Act 24 of 1936, section 15, for the original section.
(1) Minutes of the proceedings of each meeting shall be recorded in a book and shall be signed by1[the person presiding over the meeting] before the close of the meeting and shall, at such times and in such place as may be fixed by the Board, be open to inspection free of charge by any inhabitant of the cantonment.
(2) Copies of the minutes shall, as soon as possible after each meeting, be forwarded for information to2[the Officer Commanding-in-Chief, the Command],1[the Officer Commanding the Area, the Officer Commanding the sub-area, the District Magistrate and the Defence Estates Officer and in cantonments where Navy or Air Force stations are located, copies of the minutes shall be forwarded for information to the Command Headquarters of the Navy or, as the case may be, the Air Force].
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Every meeting of a Board shall be open to the public unless in any case the1[person presiding over the meeting], for reasons to be recorded in the minutes, otherwise directs.
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1. Substituted by Act 15 of 1983, section 27, for "President" w.e.f. 1-10-1983.
(1) All questions coming before a meeting shall be decided by the majority of the votes of the members present and voting.
(2) In the case of equality of votes, the1[person presiding over the meeting], shall have a second or casting vote.
(3) The dissent of any member from any decision of the Board shall, if the member so requests, be entered in the minutes, together with a short statement of the ground for such dissent.
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1. Substituted by Act 15 of 1983, section 27, for "President" w.e.f. 1-10-1983.
(1) Every Board constituted under section 13 in a Class I Cantonment or Class II Cantonment shall appoint a committee consisting of the elected members of the Board, the Health Officer and the Executive Engineer for the administration of such areas in the cantonment as the Central Government may, by notification in the Official Gazette, declare to be [civil areas], and may delegate its powers and duties to such committee in the manner provided in clause (e) of sub-section (1) of section 44.
(2) The Vice-President of the Board shall be the Chairman of the committee appointed under sub-section (1).]
2[(3) The powers, duties and functions of the Board under section 126, section 127, sub-section (1) of section 134, section 137, section 139, section 142, section 144, section 189 and section 195 shall be exercised or discharged in respect of a
(1) A Board may make regulations consistent with this Act and with the rules made there under to provide for all or any of the following matters, namely:--
(a) the time and place of its meetings;
(b) the manner in which notice of the meeting shall be given;
(c) the conduct of proceedings at meetings and the adjournment of meetings;
(d) the custody of the common seal of the Board and the purposes for which it shall be used; and
(e) the appointment of committees for any purpose and the determination of all matters relating to the constitution and procedure of such committees, and the delegation to such committees, subject to any conditions which the Board thinks fit to impose, of any of the powers or duties
(1) A1[Board] may-
(a) join with any other to cal authority-
(i) in appointing a joint committee for any purpose in which they are jointly interested and in appointing a chairman of such committee;
(ii) in delegation to such committee power to frame terms binding on the1[Board] and such other to cal authority as to the construction and future maintenance of any joint work or to exercise any power which might be exercised by2[the Board or by such other to cal authority]; and
(iii) in making rules for regulating the proceedings of any such committee relating to the purposes for which it has been appointed; or
(b) with the previous sanction of3[the Officer Commanding-in-Chief, the Command, and] the4[State Go
Every Board shall, as soon as may be after the close of the year and not later than the date fixed in this behalf by the Central Government, submit to the Central Government through the Officer Commanding-in-chief, the Command, a report on the administration of the cantonment during the preceding financial year, in such form and containing such details as the Central Government may direct. The comments, if any, of the Officer Commanding-in-chief, the Command, on such report shall be communicated by him to the Board which shall be alto wed a reasonable time to furnish a reply thereto, and the comments together with the reply, if any, shall be forwarded to the Central Government along with the report.]
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1. Inserted by Act 24 of 1936, section 19.
The Central Government1[or such officer or authority as may be authorised by the Central Government in this behalf]2[* * *] may at any time require a3[Board]-
(a) to produce any record, correspondence, plan or other document in its possession or under its control;
(b) to furnish any return, plan, estimate, statement, account or statistics relating to its proceedings, duties or works;
(c) to furnish or obtain and furnish any report.
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1. Inserted by Act 15 of 1983, section 31 w.e.f. 1-10-1983.
2. The words "or the L.G." rep. by the A.O. 1937.
3. Substituted by Act 24 of 1936, section 69, for "Ca
The1[Central Government or the Officer Commanding-in-Chief, the Command]2[or the Director or such other officer or authority as may be authorised by the Central Government in this behalf]], may depute any person in the service of the Government to inspect or examine any department of the office of, or any service or work undertaken by, or thing belonging to, a3[Board], and to report thereon, and the3[Board] and its officers and servants shall be bound to afford the person so deputed access at all reasonable times to the premises and property of the3[Board] and to all records, accounts and other documents the inspection of which he may consider necessary to enable him to discharge his duties.
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1. Substituted by Act 35 of 1926, section 4, for "Officer Commanding the District".
1[The Officer Commanding-in-chief, the Command [or the Director]], may, by order in writing,--
(a) call for any book or document in the possession or under the control of the2[Board];
(b) require the2[Board] to furnish such statements, accounts, reports and copies of documents relating to its proceedings, duties or works as he thinks fit.
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1. The words "G.G. in C. or the Officer Commanding-in-Chief, the Command" Substituted for the words "Officer Commanding the District" by Act 35 of 1926, section 4 and the words "The G.G. in C. or" rep. by Act 24 of 1936, section 24.
2. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority".
If, on receipt of any information or report obtained1[under section 46 or section 47] or section 48, the2[Central Government or the Officer Commanding-in-chief, the Command,] is of opinion-
(a) that any duty imposed on a3[Board] by or under this Act has not been performed or has been performed in an imperfect, inefficient or unsuitable manner, or
(b) that adequate financial provision has not been made for the performance of any such duty,
4[it or] he may5[* * *] direct the6[Board], within such period as4[it or] he thinks fit, to make arrangements to4[its or] his satisfaction for the proper performance of the duty, or, as the case may be, to make financial provision to4[its or] his satisfaction for the performance of the duty:
provided that, unless i
If, within the period fixed by a direction made under section 49, any action the taking of which has been directed under that section has not been duly taken, the1[Central Government or the Officer Commanding-in-chief, the Command, as the case may be,] may make arrangements for the taking of such action, and may direct that all expenses connected therewith shall be defrayed out of the cantonment fund.
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1. Substituted by Act 35 of 1926, section 6, for "Officer Commanding the District".
(1) If the President dissents from any decision of the Board which he considers prejudicial to1[the health, welfare, discipline or security of the Forces] in the cantonment, he may, for reasons to be recorded in the minutes, by order in writing, direct the suspension of action thereon for any period not exceeding one month and, if he does so, shall forthwith refer the matter to the Officer Commanding-in-chief, the Command,2[the reference being made, save in cases where the Officer Commanding the [Area] is himself the Officer Commanding-in-Chief, the Command, for me purposes of this Act], through the Officer Commanding the3[Area], who may make such recommendations thereon as he thinks fit.
(2) If the District Magistrate considers any decision of a4[Board] to be prejudicial to the public health, safety or convenience, he may, after giving notice in writing of his intention to the4[Bo
The CentralGovernment may, at any time, review any decision or order of the Board or theOfficer Commanding-in-Chief, the Command, and pass such orders thereon as it maydeem fit:
Provided that where it is proposed to modify a decision or order of theBoard, reasonable opportunity shall be given to the Board to show cause why thedecision or order in question should not be modified.]
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1.Inserted by Act 15 of 1983, section 35 w.e.f. 1-10-1983.
(1) The Officer Commanding-in-Chief, the Command, may at any time1[* * *]-
(a) direct that any matter or any specific proposal other than one which has been referred to the2[Central Government]
under sub-section (2) of section 51 be considered or reconsidered by the3[Board]; or
(b) direct the suspension, for such period as may be stated in the order, of action on any decision of a3[Board], other than a decision which has been referred to him under sub-section (1) of section 51, and thereafter cancel the suspension or4[after giving the Board a reasonable opportunity of showing cause why such direction should not be made], direct that the decision shall not be carried into effect or that it shall be carried into effect with such modifications as he may specify.
&
When any decision of a1[Board] has been referred to the2[Central Government] under sub-section (2) of section 51, the2[Central Government] may, after consulting the Officer Commanding-in-Chief, the Command, by order in writing,--
(a) direct that no action be taken on the decision; or
(b) direct that the decision be carried into effect either without modification or with such modifications as it may specify.
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1. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority".
2. Substituted by the A.O. 1937, for "L.G.".
(1) If, in the opinion of the 1 [Central Government], any Board is not competent to perform or persistently makes default in the performance of the duties imposed on it by or under this Act or otherwise by law, or exceeds or abuses its powers, the 1 [Central Government] may 2 [* * *] by an order published, together with the statement of the reasons therefor, in the Official Gazette, declare the Board to be incompetent or in default or to have exceeded or abused its powers, as the case may be, and supersede it for such period as may be specified in the order:
Provided that no Board shall be superseded unless a reasonable opportunity has been given to it to show cause against the supersession.
(2) When a Board is superseded by an order under sub-section (1)--
(a) all members of the Board shall,
Validity of proceedings
(1) No act or proceeding of a Board or of any committee of a Board shall be invalid by reason only of the existence of a vacancy in the Board or committee.
(2) No disqualification or defect in the election, nomination or appointment of a person acting as the President or a member of a Board or of any such committee shall vitiate any act or proceeding of the Board or committee if the majority of the persons present at the time of the act being done or the proceeding being taken were duly qualified members thereof.
(3) Any document or minutes which purport to be the record of the proceedings of a Board or of any committee of a Board shall, if made and signed Substituted tantially in the manner prescribed for the making and signing of the record of such proceedings, be pre
If within acantonment, or within such limits adjoining a cantonment as the 1 [CentralGovernment] may, by notification in the Official Gazette, define, any person notsubject to 2 [Army, Navy or Air Force law] or any person subject to 2 [Army,Navy or Air Force law] otherwise than as a military officer or a soldierknowingly barters, sells or supplies, or offers or attempts to barter, sell orsupply, any spirituous liquour or intoxicating drug to or for the use of anysoldier or follower or soldier's wife or minor child without the writtenpermission of the 3 [Officer Commanding the station] or of some personauthorised by the 3 [Officer Commanding the station] to grant suchpermission, he shall be punishable with fine which may extend to 4 [fivehundred rupees], or with imprisonment for a term which may extend to three 'months, or with both.
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If within a cantonment, or within any limits defined under section 56,--
(a) any person subject to1[Army, Navy or Air Force law] otherwise than as a military officer or a soldier, or
(b) the wife or servant of any such person or of a soldier,
has in his or her possession, except on behalf of the2[Central Government] or for the private use of a military officer, more than one quart of any spirituous liquor, other than fermented malt-liquor, without the written permission of the3[Officer Commanding the station] or of some person authorised by the3[Officer Commanding the station] to grant such permission, he or she shall be punishable, in the case of a first offence, with fine which may extend to4[two hundred and fifty rupees] and, in the case of a subsequent offence, with imprisonment for a term
(1) Any police officer or excise officer may, without an order from a1[Judicial Magistrate] and without a warrant, arrest any person whom he finds committing an offence under section 56 or section 57, and may seize and detain any spirituous liquor or intoxicating drag in respect of which such an offence has been committed and any vessels or coverings in which the liquor or drag is contained.
(2) Where a person accused of an offence under section 56 has been previously convicted of an offence under that section, an officer in charge of a police station may, with the written permission of a1[Judicial Magistrate] seize and detain any spirituous liquor or intoxicating drug within the cantonment or within any limits defined under that section which, at the time of the alleged commission of the subsequent offence, belonged to, or was in the possession of, such person.
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The foregoing provisions of this Chapter shall not apply to the saleor supply of any article in good faith formedicinalpurposes by a medical practitioner, chemist or druggist authorised in thisbehalf by a general or special order of the 1 [Officer Commanding thestation].
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1.Substituted by Act 7 of 1925, section 14, for "Commanding Officer ofthe Cantonment".
(1) The Board may, with the previous sanction of the Central Government], impose in any cantonment any tax which, under any enactment for the time being in force, may be imposed in any municipality in the State wherein such cantonment is situated.
2[* * *]
(2) Any tax imposed under this section shall take effect from the date of its notification in the Official Gazette3[or where any later date is specified in this behalf in the notification, from such later date].
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1. Substituted by Act 24 of 1936, section 23, for the original section.
2 The proviso to sub-section (1) rep. by the A.O. 1937.
3 Inserted by Act 15 of 1983, section 39
When a resolution has been passed by the Board proposing to impose a tax under section 60, the Board shall in the manner prescribed in section 255 publish a notice specifying--
(a) the tax which it is proposed to impose;
(b) the persons or classes of persons to be made liable and the description of the property or other taxable thing or circumstance in respect of which they are to be made liable; and
(c) the rate at which the tax is to be levied.
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1 Sections 61, 62 and 63 Substituted by Act 24 of 1936, section 24, for the original sections.
(1) Any inhabitant of the cantonment may, within thirty days from the publication of the notice under section 61, submit to the Board an objection in writing to all or any of the proposals contained therein and the Board shall take such objection] into consideration and pass orders thereon by special resolution.
1[(2) Unless the Board decides to abandon its proposals contained in the notice published under section 61, it shall submit to the Central Government through the Officer Commanding-in-Chief, the Command, all such proposals along with the objections, if any, received in connection therewith together with its opinion thereon and any modifications proposed in accordance with such opinion and the notice published under the said section.]
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1. Substituted by Act
The1[Central Government] may authorise the Board to impose the tax either in the original form or, if any objection has been submitted, in that form or any such modified form as it thinks fit.
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1. Substituted by the A.O. 1937, for "L.G.".
(1) Where the Central Government is of opinion that for securing adequate financial provision for the efficient discharge of the duties and functions of a Board it is necessary so to do, it may issue directions to the Board requiring it to impose within the cantonment area any tax specified in the direction which it is empowered under this Act to impose and which is not already imposed within the said area or to enhance any existing tax in such manner or to such extent as the Central Government considers fit and the Board shall, in accordance with the direction, forthwith impose or enhance such tax in accordance with the provisions of this Chapter:
Provided that--
(a) no such directions shall be issued without giving the Board and the inhabitants of the cantonment area, an opportunity of showing cause why such directions should not be i
For the purposes of this Chapter, "annual value" means--
(a) in the case of railway stations, hotels, colleges, schools, hospitals, factories and any other buildings which a1[Board] decides to assess under this clause, one-twentieth of the sum obtained by adding the estimated present cost of erecting the building to the estimated value of the land appertaining thereto, and
(b) in the case of building or land not assessed under clause (a), the gross annual rent for which such building (exclusive of furniture or machinery therein) or such land is actually let or, where the building or land is not let or in the opinion of the1[Board] is let for a sum less than its fair letting value, might reasonably be expected to let from year to year:
Provided that, where the annual value of any building is, b
(1) Save as otherwise expressly provided in the notification imposingthe tax, every tax 1 [assessed] on the annual value of buildings orlands or of both shall be leviable primarily upon the actual occupier of theproperty upon which the said tax is assessed, if he is the owner of thebuildings or lands or holds them on a building or other lease 2 [grantedby or on behalf of the Government or] the 3 [Board]or on a building lease from any person.
(2) In any other case, the tax shall be primarily leviable as follows,namely:--
(a)if the property is let, upon the lessor;
(b)if the property is sub-let, upon the superior lessor;
(c)if the property is unlet, upon the person in whom the right to let the samevests.
4
When a tax1[assessed] on the annual value of buildings or lands or both is imposed, the2[Executive Officer] shall cause an assessment list of all buildings or lands in the cantonment, or of both, as the case may be, to be prepared3[in such form and in such manner] as the4[Central Government] may by rule prescribe.
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1. Inserted by Act 26 of 1927, section 8.
2. Substituted by Act 15 of 1983, section 43, for "Board" w.e.f. 1-10-1983.
3. Substituted by Act 15 of 1983, section 43, for "in such form" w.e.f. 1-10-1983.
4 Substituted by the AO. 1947, for "L.G.".
When the assessment list has been prepared, the1[Executive Officer] shall give public notice thereof, and of the place where the list or a copy thereof may be inspected, and every person claiming to be the owner, lessee or occupier of any property included in the list, and any authorised agent of such person, shall be at liberty to inspect the list and to make extracts therefrom free of charge.
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1. Substituted by Act 15 of 1983, Section 44, for "Board" w.e.f. 1-10-1983.
(1) The1[Executive Officer] shall, at the same time, give public notice of a date, not less than one month thereafter.2[when the Board will proceed] to consider the valuation and assessments entered in the assessment list, and, in all cases in which any property is for the first time assessed or the assessment is increased,3[the Executive Officer shall also give) written notice thereof to the owner and to any lessee or occupier of the property.
(2) Any objection to a valuation or assessment shall be made in writing to the Executive Officer] before the date fixed in the notice, and shall state in what respect the valuation or assessment is disputed, and all objections so made shall be recorded in a register to be kept for the purpose by the1[Executive Officer].
(3) The objections shall be inquired into and investigated, and the persons ma
(1) When all objections made under section 68 have been disposed of, and the revision of the valuation and assessment has been completed, the assessment list shall be authenticated by the signature of the members of the Assessment Committee who shall, at the same time, certify that they have considered all objections duly made and have amended the list so far as is required by their decisions oh such objections.
(2)The assessment list so authenticated shall be deposited in the office of the1[Board], and shall there be open, free of charge, during office hours to all owners, lessees and occupiers of property comprised therein or the authorised agents of such persons, and a public notice that it is so open shall forthwith be published.
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1. Substituted by Act 24 of 19
Subject to such alterations as may thereafter be made in the assessment list under the provisions of this Chapter and to the result of any appeal made thereunder, the entries in the assessment list authenticated and deposited as provided in section 69 shall be accepted as conclusive evidence--
(i) for the purpose of assessing any tax imposed under this Act, of the annual value or other valuation of all buildings and lands to which such entries respectively refer, and
(ii) for the purposes of any tax imposed on buildings or lands, of the amount of each such tax leviable thereon during the year to which such list relates.
1 [(1) The Boardmay amend the assessment list at any time--
(a)by inserting or omitting the name of any person whose name ought to have been orought to be inserted or omitted, or
(b)by inserting or omitting any property which ought to have been or ought to beinserted or omitted, or
(c)by altering the assessment on any property which has been erroneously valued orassessed through fraud, accident, or mistake,whether on the part of the Boardor of the Assessment Committee or of the assessee, or
(d)by revaluing or re-assessing any property the value of which has been increased,or
(e)in the case of a tax payable by an occupier, by changing the name of theoccupier:
Pr
The1[Executive Officer] shall prepare a new assessment list at least once in every three years, and for this purpose the provisions of sections 66 to 71 shall apply in like manner as they apply for the purpose of the preparation of an assessment list for the first time.
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1. Substituted by Act 15 of 1983, section 46, for "Board" w.e.f. 1-10-1983.
(1) Whenever the title of any person primarily liable for the payment of a tax on the annual value of any building or land to or over such building or land is transferred, the person whose title is transferred and the person to whom the same is transferred shall, within three months after the execution of the instrument of transfer or after its registration, if it is registered, or after the transfer is effected, if no instrument is executed, give notice of such transfer to the Executive Officer.
(2) In the event of the death of any person primarily liable as aforesaid, the person on whom the title of the deceased devolves shall give notice of such devolution to the Executive Officer within six months from the death of the deceased.
(3)The notice to be given under this section shall be in such form1[as may be determined by rules made und
(1) If any building is erected or re-erected within the meaning of section 179, the owner shall give notice thereof to the Executive Officer within thirty days from the date of its completion or occupation, whichever is earlier.
(2) Any person failing to give the notice required by sub-section (1) shall be punishable with fine which may extend to1[two hundred and fifty rupees] or ten times the amount of the tax payable on the said building, as erected or re-erected, as the case may be, in respect of a period of three months, whichever is greater.
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1. Substituted by Act 15 of 1983, section 46, for "fifty rupees" w.e.f. 1-10-1983.
If any building is wholly or partly demolished or destroyed or otherwise deprived of value, the1[Board] may, on the application2[in writing] of the owner3[or occupier], remit or refund such portion of4[any tax assessed on the annual value thereof] as it thinks fit5[but no remission or refund shall take effect in respect of any period commencing more than two months before the delivery of such application].
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1. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority".
2. Inserted by Act 7 of 1931, section 4.
3. Inserted by Act 24 of 1936, section 29.
4. Substituted by Act 26 of 1927, section 9, for "the tax payable thereon".
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In a cantonment1[* * *] when any building or land has remained vacant and unproductive of rent for2[sixty] or more consecutive days3[* * *] the4[Board] shall remit or refund, as the case may be,5[one-half of such portion of any tax] assessed on the annual value thereof6[* * *] as maybe proportionate to the number of days during which the said building or land has remained vacant and unproductive of rent:
7[Provided that in any cantonment which the Central Government, by notification in the Official Gazette, has declared to be a hill cantonment and in respect of which the Central Government by the same or a like notification has declared a portion of the year to be the season for the cantonment, when any building or land is leased for occupation through the season only, but the rent charged is the full annual rent, no remission or refund shall be admissible under this section in re
For the purpose of obtaining a partial remission or refund of tax, the owner of a building composed of separate tenements may request the 1 [Board], at the time of the assessment of the building, to enter in the assessment list, in addition to the annual value of the whole building, a note recording in detail the annual value of each separate tenement. When any tenement, the annual value of which has been thus separately recorded, has remained vacant and unproductive of rent for 2 [sixty] or more consecutive days 3 [***] 4 [one-half of such portion of any tax] assessed on the annual value of the whole building 5 [* * *] shall be remitted or refunded as would have been remitted or refunded if the tenement had been separately assessed.
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1. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority". <
2 [No remission or refund under 3 [ * * *] section 76 or section 77 shall be made unless notice in writing of the 4 [fact that the building, land or tenement has become vacant and unproductive of rent], has been given to the 5 [Executive Officer], and no remission or refund shall take effect in respect of any period commencing more than fifteen days before the delivery of such notice.
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1. Proviso to section 77 was re-numbered as section 77A by Act 26 of 1927, section 11.
2. Substituted by Act 26 of 1927, section 11, for "Provided that no such remission".
3. The words and figures "section 75" omitted by Act 7 of 1931, section 5.
4. Substituted by Act 7 of 1931, section 5, for "ci
(1) For the purposes of sections 76 and 77 no building, tenement or land shall be deemed vacant if maintained as a pleasure resort or town or country house or be deemed unproductive of rent if let to a tenant who has a continuing right of occupation thereof, whether he is actual occupation or not.
(2) The burden of proving all facts entitling any person to claim relief under section 75, or section 76 or section 77, shall be upon him.
(1) The owner of any building, tenement or land in respect of which a remission or refund of tax has been given under section 76 or section 77 shall give notice of the re-occupation of such building1[tenement] or land within fifteen days of such re-occupation.
(2) Any owner failing to give the notice required by sub-section (1) shall be punishable with fine which shall not be less than twice the amount of the tax payable on such building, tenement or land in respect of the period during which it has been re-occupied and which may extend to2[two hundred and fifty rupees], or to ten times the amount of the said tax, whichever sum is greater.
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1 Inserted by Act 24 of 1934, section 2 and Schedule I.
2. Substituted by Act 15
Charge on immovable property
A tax assessed on the annual value of any building or land shall, subject to the prior payment of the land-revenue, if any, due to the Government thereon, be a first charge upon the building or land.
Every person bringing or receiving any goods, vehicles or animals within the limits of any cantonment in which octroi or terminal tax or toll is leviable, shall when so required by an officer duly authorised by the1[Board] in this behalf, so far as may be necessary for ascertaining the amount of tax chargeable--
(a) permit that officer to inspect, examine or weigh such goods, vehicles or animals; and
(b) communicate to that officer any information, and exhibit to him any bill, invoice or document of a like nature, which such person may possess relating to such goods, vehicles or animals.
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1. Substituted by Act 24 of 1936, section 69 for "Cantonment Authority".
(1) Any person who takes or attempts to take past any octroi station or any other place appointed within a cantonment for the collection of octroi, terminal tax or toll any goods, vehicles or animals, on account of which octroi, terminal tax or toll is leviable and thereby evades, or attempts to evade, the payment of such octroi, terminal tax or toll and any person who abets any such evasion or attempt at evasion, shall be punishable with fine which may extend either to ten times the value of such octroi, terminal tax or toll, or to1[two hundred and fifty rupees], whichever is greater, and which shall not be less than twice the value of such octroi, terminal tax or toll, as the case may be.
(2) In case of non-payment of any octroi or terminal tax or toll on demand, the officer empowered to collect the same may seize any goods, vehicles or animals on which the octroi, terminal tax o
It shall be lawful for the1[Board], with the previous sanction of the2[Officer Commanding-in-Chief, the Command] to lease the collection of any octroi, terminal tax or toll for any period not exceeding one year; and the lessee and all persons employed by him in the management and collection of the octroi, terminal tax or toll shall, in respect thereof,--
(a) be bound by any orders made by the1[Board] for their guidance;
(b) have such powers exercisable by officers or servants of the1[Board] under this Act as the1[Board] may confer upon them; and
(c) be entitled to the same remedies and be subject to the same responsibilities as if they were employed by the1[Board] for the management and collection of the octroi, terminal tax or toll, as the case may be :
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1[( 1) An appeal against the assessment or levy of, or against the refusal to refund, any tax under this Act shall lie to the District Court.
(2) If the District Court, on the hearing of an appeal under this section, entertains reasonable doubt on any question as to the liability to, or the principle of assessment of, a tax, the Court may, either on its own motion or on the application of the appellant, draw up a statement of the facts of the case and the point on which doubt is entertained, and refer the statement with its opinion on the point for the decision of the High Court.]
(3) On a reference being made under sub-section (2), the subsequent proceedings in the case shall be, as nearly as may be, in conformity with the rules relating to references to the High Court contained in order XLV1 of the First Schedule to the Code of Civil P
In every appeal the costs shall be in the1[discretion of the District Court] hearing the appeal.
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1. Substituted by Act 15 of 1983, section 55, for "discretion of the officer" w.e.f. 1-10-1983.
1[(1)]If the2[Board] fails to pay any cost awarded to an appellant within ten days after the date of the order for payment thereof,3[the District Court] awarding the costs may order the person having the custody of the balance of the cantonment fund to pay the amount.
4[(2) Where the appellant fails to pay any costs awarded to the Board within ten days after the date of the order for payment thereof, the same shall be recoverable by the Board in the same manner as moneys recoverable by the Board under section 259.]
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1. Re-numbered as sub-section (1), by Act 15 of 1983, section 56 w.e.f. 1-10-1983.
2. Substituted by Act 24 of 1936, section 69, for "Cantonment Autority".
3. Substitut
No appeal shall be heard or determined under this Chapter unless--
(a) the appeal is, in the case of a tax assessed on the annual value of buildings or lands or both, brought within thirty days next after the date of the authentication of the assessment list under section 69 (exclusive of the time requisite for obtaining a copy of the relevant entries therein), or, as the case may be, within thirty days of the date on which an amendment is finally made under section 71, and, in the case of any other tax, within thirty days next after the date of the receipt of the notice of assessment or of alteration of assessment or, if no notice has been given, within thirty days next after the date of the presentation of the first bill in respect thereof:
Provided that an appeal may be admitted after the expiration of the period prescribed therefor b
The order of a1[District Court] confirming, setting aside or modifying an order in respect of any valuation or assessment or liability to assessment or taxation shall be final:
Provided that it shall be lawful for the1[District Court], upon application or on its own motion, to review any order passed by it in appeal if application in this behalf is made within three months from the date of the original order.
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1. Substituted by Act 15 of 1983, section 58, for "appellate authority" w.e.f. 1-10-1983.
Save as otherwise expressly provided under this Act, any tax imposed under the provisions of the Act shall be payable on such dates and in such instalments, if any, as the1[Board] may, by public notice, direct.
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1. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority".
(1) When any tax has become due, the Executive Officer shall cause to be presented to the person liable for the payment thereof a bill for the amount due.
(2) Every such bill shall specify the particulars of the tax and the period for which the charge is made.
(1) If the amount of the tax for which any bill has been presented is not paid to the1[Board] within thirty days from the presentation thereof, the Executive Officer may cause to be served upon the person liable for the payment of the same a notice of demand in the form set forth in Schedule I.
(2) For every notice of demand which the Executive Officer causes to be served on any person under this section, a fee of such amount "not exceeding2[two rupees], as shall in each case be fixed by the Executive Officer, shall be payable by the said person and shall be included in the costs of recovery.
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1. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority".
2. Substituted by Act 15 of 1983, section 59, for "one rupee
(1)If the person liable for the payment of any tax does not, within thirty days from the service of the notice of demand, pay the amount due, or show sufficient cause for non-payment of the same to the satisfaction of the Executive Officer, such sum, with all costs of recovery, may be recovered under a warrant, issued in the form set forth in Schedule II, by distress and sale of the movable property1[or attachment and sale of the immovable property] of the defaulter:
Provided that the Executive Officer shall not recover any sum the liability for which has been remitted an appeal under this Chapter:
1[Provided further that the sale of any immovable property attached under this subsection shall not be made, save under the orders of the Board.]
(2) Every warrant issued under this section shall be
(1) If a person or whom a notice of demand has been served under section 91, does not, within thirty days from the service of such notice, pay the sum demanded in the notice, he shall be liable to pay by way of interest, in addition to the sum and other charges due,--
(a) one-half per cent, of the sum due for each complete month for the first six months, from the date of the expiry of the period of thirty days aforesaid; and
(b) one per cent of the sum due for each complete month thereafter, during the time he continues to make default in the payment of the sum due.
(2) The amount of interest shall be recoverable in the same manner as moneys recoverable by the Board under section 259 :
Provided that--
(a)
(1) It shall be lawful for any servant of the1[Board] to whom a warrant issued under section 92 is addressed to distrain, wherever it may be found2[in the cantonment], any movable property of2[or standing timber, growing crops or grass belonging to] the person therein named as defaulter, subject to the following conditions, exceptions and exemption, namely :--
(a) the following property shall not be distrained :--
(i) the necessary wearing apparel and bedding of the defaulter, his wife and children,
(ii) tools of artisans
(iii) books of account, or
(iv) when the defaulter is an agriculturist, his implements of husbandry, seed-grain, and such cattle as may be
ne
(1) When the property seized is subject to speedy and natural decay, or when the expense of keeping it in custody is, when added to the amount to be recovered, likely to exceed its value, the Executive Officer shall give notice to the person in whose possession the property was at the time of seizure that it will be sold at once, and shall sell it accordingly by public auction unless the amount mentioned in the warrant is forthwith paid.
(2) If the warrant is not in the meantime suspended by the Executive Officer, or discharged, the property seized shall, after the expiry of the period named in the notice served under sub-section(2) of section 93, be sold by public auction by order of the Executive Officer.
(3) The surplus of the sale proceeds, if any, shall forthwith be credited to the cantonment fund, and notice of such credit shall be
(1) When a warrant is issued for the attachment and sale of immovable property, the attachment shall be made by an order prohibiting the defaulter from transferring or charging the property in any way, and all persons from taking any benefit from such transfer or charge, and declaring that such property would be sold unless the amount of tax due with all costs of recovery is paid in the office of the Board within fifteen days from the date of attachment.
(2) An order under sub-section (1) shall be proclaimed at some place on or adjacent to such property by beat of drum or other customary mode and a copy of the holder shall be fixed on a conspicuous part of the property and upon a conspicuous part of the office of the Board and also, when the property is land paying revenue to the Government, in the office of the Collector.
(3) Any transf
(1) If the Executive Officer has reason to believe that any person from whom any sum is due1[or is about to become due] on account of any tax is about to2[move from the cantonment], he may direct the immediate payment by such person of the sum so due or about to become due, and cause3[a notice of demand] for the same to be served on such person.
4[(2) If, on the service of such notice, such person does not forthwith pay the sum so due or about to become due, the amount shall be leviable by distress and sale of movable property or attachment and sale of immovable property in the manner hereinbefore provided in this Chapter, and the warrant of such distress and sale or attachment and sale may be issued and executed without any delay.]
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1. Inserted by Act 8 of 1930, sectio
Instead of proceeding against a defaulter by1[distress and sale of movable property or attachment and sale of immovable property] as hereinbefore provided in this Chapter, or after a defaulter has been so proceeded against unsuccessfully or with only partial success, any sum due or the balance of any sum due, as the case may be, from such defaulter on account of a tax may be recovered from him by a suit in any court of competent jurisdiction.
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1. Substituted by Act 15 of 1983, section 65, for "distress and sale" w.e.f. 1-10-1983.
Every1[Board] shall be deemed to be a Municipal Committee for the purposes of the Municipal Taxation Act, 1881 (11 of 1881).
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1. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority".
A1[Board] may make special provisions for the cleansing of any factory, hotel, club or group of buildings or lands used for any one purpose and under one management, and may fix a special rate and the dates and other conditions for periodical payment thereof, which shall be determined by a written agreement with the person liable for the payment of the conservancy or scavenging tax in respect of such factory, hotel, club or group of buildings or lands :
Provided that, in fixing the amount, proper regard shall be had to the probable cost to the1[Board] of the services to be rendered.
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1. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority".
(1) When, in pursuance of section 98, a1[Board] has fixed a special rate for the cleansing of any factory, hotel, club or group of buildings or lands, such premises shall be exempted from the payment of any conservancy or scavenging tax imposed in the cantonment.
(2) The following buildings and lands shall be exempt from any tax on property2[other than a tax imposed to cover the cost of specific services rendered by the Board], namely:--
(a) places set apart for public worship and either actually so used or used for no other purpose;
(b) buildings used for educational purposes and public libraries, playgrounds and dharamshalas which are open to the public and from which no income is derived;
(c) hospitals and dispensaries maintained wholly by charit
The Central Government] may, by notification in the Official Gazette, exempt, either wholly or in part from the payment of any tax imposed under this Act, any person or class of persons or any property or goods or class of property or goods2[* * *].
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1. Inserted by Act 35 of 1926, section 7.
2. The words "belonging to the Secretary of State for India in Council" rep. by Act 7 of 1931, section 6.
A1[Board] may exempt, for a period not exceeding one year at a time from the payment of any tax or any portion of a tax imposed under this Act, any person who is in its opinion by-reason of poverty unable to pay the same.
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1. Substituted by Act 24 of 1936, section 69 for "Cantonment Authority".
(1) A1[Board] may, with the previous sanction of2[Officer Commanding-in-Chief, the Command,] allow any person to compound for any tax.
(2) Every sum due by reason of the composition of a tax under sub-section (1) shall be recoverable as if it were a tax.
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1. Substituted by Act 24 of 1936, section 69 for "Cantonment Authority".
2. Substituted by Act 35 of 1926, section 2, for "Officer Commanding the District."
A1[Board] may write off any sum due on account of any tax2[or rate] or of the costs of recovering any tax2[or rate] if such sum is, in its opinion, irrecoverable;
2[Provided that, where the sum written off in favour of any one person exceeds two hundred and fifty rupees], the sanction of the Officer Commanding-in-Chief, the Command, shall be first obtained.
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1. Substituted by Act 24 of 1936, section 69 for "Cantonment Authority".
2. Inserted by Act 24 of 1936, section 34.
(1) The Executive Officer may, by written notice, call upon any inhabitant of the cantonment to furnish such information as may be necessary for the purpose of ascertaining--
(a) whether such inhabitant is liable1[to pay, or has correctly paid, any tax] imposed under this Act;
(b) at what amount he should be assessed; or
(c) the annual value of the building or land which he occupies and the name and address of the owner or lessee thereof.
2[(2) If any person, when called upon under sub-section (1) to furnish information, neglects to furnish it within the period specified in this behalf by the Executive Officer or furnishes information which is not true to the best of his knowledge or belief, he shall be punishable with fine which may extend to five
No assessment and no charge or demand on account of any tax or fee shall be impeached or affected by reason only of any mistake in the name of any person liable to pay such tax or fee, or in the description of any property or thing, or any mistake in the amount of the assessment, charge or demand, if the directions contained in this Act and the rules and bye-laws made thereunder have in substance and effect been complied with; but any person who sustains any special damage by reason of any such mistake shall be entitled to recover compensation for the same by suit in a court of competent jurisdiction.
No1[distress levied or attachment made] under this Chapter shall be deemed unlawful, nor shall any person making the same be deemed a trespasser, on account only of any defect of form in the notice of demand,2[warrant of distress or attachment and sale] or other proceeding relating thereto; nor shall any such person be deemed a trespasser ab inilio on account of any irregularity afterwards committed by him; but any person who sustains any special damage by reason of any such irregularity shall be entitled to recover compensation for the same by suit in a court of competent jurisdiction.
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1. Substituted by Act 15 of 1983, section 69, for "distress levied" w.e.f. 1-10-1983.
2. Substituted by Act 15 of 1983, section 69, for "warrant of distress" w.e.f. 1-10-1983.
There shall be formed for every cantonment a cantonment fund, and there shall be placed to the credit thereof the following sums, namely:--
(a) the balance, if any, of the cantonment fund formed for the cantonment under the Cantonments Act, 1910 (15 of 1910);
(b) all sums received by or on behalf of the1[Board]2[* * *];
2[* * *]
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1. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority".
2. The word "and" clause (c) rep. by the A.O. 1937.
1[(1) Where in or near a cantonment there is a Government treasury or sub-treasury or a branch of the State Bank of India or a subsidiary bank or a nationalised bank, the cantonment fund shall be kept in such treasury, sub-treasury or bank as the Board may deem fit.
Explanation.--In this section,--
(i) "nationalised bank" means a corresponding new bank specified in the First Schedule to the Banking Companies
(Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970) or the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (40 of 1980);
(ii) "State Bank of India" means the State Bank of India constituted under the State Bank of India Act, 1955 (23 of 1955);
(iii) "subsidiary bank
Subject to any special reservation made by the Central Government 1 [***]all property of the nature hereinafter in this section specified which has been acquired or provided or is maintained by a 2 [Board] shall vest in and belong to that 2 [Board], and shall be under its direction, management and control, that is to say,--
(a) all markets, slaughter-houses, manure and night-soil depots, and buildings of every description;
(b) all water-works for the supply, storage or distribution of water for public purposes and all bridges, buildings, engines, materials, and things connected therewith or appertaining thereto;
(c) all sewers, drains, culverts and water-courses, and all works, materials and things appertaining thereto;
(d) all dust, dirt, dung, ash
The cantonment fund and all property vested in a1[Board] shall be applied for the purposes, whether express or implied, for which, by or under this Act or any other law for the time being in force, powers are conferred or duties or obligations are imposed upon the1[Board]:
Provided that the1[Board] shall not incur any expenditure for acquiring or renting land beyond the limits of the cantonment or for constructing any work beyond such limits except-
(a) with the sanction of the2[Central Government], and
(b) on such terms and conditions as the2[Central Government] may impose:
Provided, further, that priority shall be given in the order hereafter set forth to the following liabilities and obligations of a1[Board], that is to say,--
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When there is any hindrance to the permanent or temporary acquisition upon payment of any land required by a1[Board] for the purposes of this Act, the2[Central Government] may, at the request of the1[Board],3[procure the acquisition thereof] under the provisions of the Land Acquisition Act, 1894 (1 of 1894), and, on payment by the1[Board] of the compensation awarded under that Act and of the charges incurred by the Government in connection with the proceedings, the land shall vest in the1[Board].
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1. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority".
2. Substituted by the A.O. 1937, for "L.G.".
3. Substituted by the A.O. 1937, for "proceed to acquire it".
The Central Government may make rules consistent with this Act to provide for all or any of the following matters, namely:--
(a) the conditions on which property may be acquired1[Boards] or on which property vested in a2[Board] may be transferred by sale, mortgage, lease, exchange or otherwise; and
(b) any other matter relating to the cantonment fund or cantonment property in respect of which no provision or insufficient provision is made by or under this Act, and provision is, in the opinion of the Central Government, necessary.
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1. Substituted by Act 24 of 1936, section 69, for "Cantonment Authorities".
2. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority".
Subject to the provisions of this Chapter, every1[Board] shall be competent to enter into and perform any contract necessary for the purposes of this Act.
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1. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority".
(1) Every contract--
(a) for which budget provision does not exist, or
(b) which involves a value or amount exceeding1[one thousand rupees], shall require the sanction of the2[Board].
(2) Every contract other than a contract such as is referred to in sub-section (1) shall be sanctioned by the2[Board] or by the Executive Officer on behalf of the2[Board].
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1. Substituted by Act 15 of 1983, section 72, for "two hundred rupees" w.e.f. 1-10-1983.
2. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority".
(1) Every contract made by or on behalf or a1[Board],, the value or amount of which exceeds2[five hundred rupees], shall be in writing, and every such contract shall,3[* * *] be signed by two members, of whom the President or the Vice-President shall be one, and be countersigned by the Executive Officer and be sealed with the common seal of the Board:4[* * *].
Provided that5[***] the Executive Officer may in a case of urgency, with the previous sanction of the President of the Board, execute on behalf of the Board any contract the value or amount of which does not exceed6[two thousand and five hundred rupees],
(2) Where an Executive Officer executes a contract on behalf of a Board, under subsection (1), he shall submit a report of his action and of the reasons therefor to the Board at its next meeting.
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If any contract is executed by or on behalf of a1[Board], otherwise than in conformity with the provisions of this Chapter, it shall not be binding on the1[Board].
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1. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority".
It shall be duty of every1 [Board], so far as thefunds at its disposal permit, to make reasonable provision within the cantonmentfor-
(a) lighting streets and other publicplaces;
(b) watering streets and other publicplaces;
(c) cleansing streets, public places anddrains, abating nuisances and removing noxious vegetation;
(d) regulating offensive, dangerous orobnoxious trades, callings and practices;
(e) removing, on the ground of publicsafety, health or convenience, undesirable obstructions and projections instreets and
other public places;
(f) securing or removing dangerousbuildings and places;
A2[Board] may, subject to any conditions imposed by the Central Government, manage any property entrusted to its management by the Central Government on such terms as to the sharing of rents and profits accruing from such property as may be determined by rule made under section 280.]
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1. Inserted by Act 7 of 1925, section 6.
2. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority".
1 [(1)]A2 [Board] may, within the cantonment, make provision for-
(a)laying out in areas, whether previously built upon or not, new streets, andacquiring land for that purpose and for the construction of buildings, andcompounds of buildings, to abut on such streets;
(b) constructing, establishing ormaintaining public parks, gardens, offices, dairies, bathing or washing places,drinking fountains, tanks, wells and other works of public utility;
(c) reclaiming unhealthy localities;
(d) furthering educational objects bymeasures other than the establishment and maintenance of primary schools;
(e) taking a census and granting rewardsfor information which may tend to secure the correct registration of vitalstati
A2[Board] may make provision for educational objects outside the cantonment if it is satisfied that the interests of the residents of the cantonment will be served thereby.]
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1. Inserted by Act 35 of 1926, section 8.
2. Substituted by Act 24 of 1936, section 69 for "Cantonment Authority"
General Nuisances
(1) Whoever-
(a) in any street or other public place within a cantonment,--
(i) is drunk and disorderly or drunk and incapable of taking care of himself; or
(ii) uses any threatening, abusive or insulting words, or behaves in a threatening or insulting manner with intent to provoke a breach of the peace, or whereby a breach of the peace is likely to be occasioned; or
(iii) cases himself, or willfully or indecently exposes his person; or
(iv) loiters, or begs importunately, for alms; or
(v) exposes or exhibits, with the object of exciting charity, any deformity or disease or any offensive sore or wou
Dogs
(1) A1[Board] may make bye-laws to provide for the registration of all dogs kept within the cantonment.
(2) Such bye-laws shall--
(a) require the registration, by the Officer Commanding each military2[unit or establishment or detachment], of all dogs kept in the lines occupied by that2[unit or establishment or detachment];
(b) require that every registered dog shall wear a collar to which shall be attached ametal token to be issued by the registration authority, and fix the fee payable for the issue thereof;
(c) require that any dog which has not been registered or which is not wearing such token shall, if found in any public place, be detained at a place set apart for the purpose; and
Traffic
Whoever in driving, leading or propelling a vehicle along a street fails, except in a case of actual necessity,-
(a) to keep to the left when passing a vehicle coming from the opposite direction, or
(b) to keep to the right when passing a vehicle going in the same direction as himself, shall be punishable with fine which may extend to fifty rupees.
(1) A1[Board] may, by public notice, direct that within such limits in the cantonment as may be specified in the notice, the roofs and external walls of huts or other buildings shall not, without the permission in writing of the1[Board] be made or renewed of grass, mats, leaves or other inflammable materials, and may, by notice in writing, require any person who has disobeyed any such direction as aforesaid to remove or alter the roofs or walls so made or renewed.
(2) A1[Board] may, by notice in writing, require the owner of any building in the cantonment which has an external roof or wall made of any such material as aforesaid to remove such roof or wall within such time as may be specified in the notice, notwithstanding that a public notice under sub-section (1) has not been issued or that such roof or wall was made with the consent of the1[Board] or before the issue of such publ
A1[Board] may, by public notice, prohibit in any case where such prohibition appears to it to be necessary for the prevention of danger to life or property, the stacking or collecting of wood, dry grass, straw or other inflammable materials, or the placing of mats or thatched huts or the lighting of fires in any place in the cantonment, or within any limits therein, which may be specified in the notice.
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1. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority".
No person shall set a naked light on or near any building in any street or other public place in a cantonment in such manner as to cause danger of fire:
Provided that nothing in this section shall be deemed to prohibit the use1[* * *] of lights for purposes of illumination on the occasion of a festival or public or private entertainment.
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1. Certain words omitted by Act 15 of 1983, section 79 w.e.f. 1-10-1983.
(1) Notwithstanding anything contained in1[any other law relating to sanctioning of cinematograph films for exhibition], no exhibition of pictures or other optical effects by means of a cinematograph or other like apparatus for the purpose of which inflammable films are used, and no public dramatic performance2[ pantomime, circus, carnival, exhibition, dance or other similar show for public recreation or amusement,] shall be given in any cantonment elsewhere than in premises for which a licence has been granted by the3[Board] under this section.
(2) If the owner of a cinematograph or other apparatus uses the apparatus or allows it to be used, or if any person takes any part in any public dramatic performance2[, pantomime, circus, carnival, exhibition, dance or other similar show for public recreation or amusement,] in contravention of the provisions of this section, or if the occup
Whoever in a cantonment discharges any fire-arm or lets off fire-works or fire-balloons,1[or detonates or engages in any game or carries on works such as quarries, blasts, timber cutting or building operation in such manner as to cause] or to be likely to cause danger to persons passing by or dwelling or working in the neighbourhood or risk of injury to property shall be liable to fine which may extend to2[two hundred and fifty rupees].
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1. Substituted by Act 15 of 1983, section 81, for certain words w.e.f. 1-10-1983.
2. Substituted by Act 15 of 1983, section 81, for "fifty rupees" w.e.f. 1-10-1983.
Where in a cantonment any building, or wall, or anything affixed thereto, or any well, tank, reservoir, pool, depression, or excavation, or any bank or tree, is, in the opinion of the1[Board],2[in a ruinous state or] for want of sufficient repairs, protection or enclosure,2[a nuisance or] dangerous to persons passing by or dwelling or working in the neighbourhood, the1[Board]3[by notice in writing may] require the owner4[or part-owner or person claiming to be the owner or part-owner thereof, or, failing any of them, the occupier] thereof5[to remove the same or may require him to repair],6[or to protect or to enclose] the same in such manner as it thinks necessary; and, if the danger is, in the opinion of the1[Board], imminent, it shall forthwith take such steps as it thinks necessary to avert the same.
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1. Substit
A1[Board] may, by notice in writing, require the owner or part-owner, or person claiming to be the owner or part-owner, of any building or land in the cantonment, or the lessee or the person claiming to be the lessee of any such land, which, by reason of disuse or disputed ownership or other cause, has remained unoccupied and has become the rest of idle and disorderly persons or of persons who have no ostensible means of subsistence or cannot give a satisfactory account of themselves, or is used for gaming or immoral purposes, or otherwise occasions or is likely to occasion a nuisance, to secure and enclose the same within such time as may be specified in the notice.
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1. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority".
The following officers shall, for the purposes of sanitation, have control over, and be responsible for maintaining in a sanitary condition, those parts of a cantonment, respectively, which are specified in the case of each, that is to say:--
1[(a) the Officer Commanding the army in the cantonment--all buildings and lands which are occupied or used for army
purposes;
(b) the Officer Commanding the navy in the cantonment--all buildings and lands which are occupied or used for naval purposes;
(c) the Officer Commanding the air force in the cantonment--all buildings and lands which are occupied or used for air force purposes;
(d) the Officer Commanding the station in the Command--all buildings and lands occu
(1) The Health Officer shall exercise a general sanitary supervision over the whole cantonment, and shall submit monthly to the 1 [Board] a report as to the sanitary condition of the cantonment, together with such recommendation in connection therewith as he thinks fit.
(2) The Assistant Health Officer shall perform such duties in connection with the sanitation of the cantonment as are, subject to the control of the 1 [Board], allotted to him by the Health Officer.
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1. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority".
All public latrines and urinals provided or maintained by a [Board] shall be so constructed as to provide separate compartments for each sex and not to be a nuisance, and shall be provided with all necessary conservancy establishments, and shall regularly be cleansed and kept in proper order.
(1) It shall be the duty of an occupier of a building or land--
(a) to make adequate arrangements for the house scavenging of the building or land;
(b) to provide receptacles of the type and in the manner prescribed by the Executive Officer for the collection therein of all filth, rubbish and other offensive matter from such building or land and to keep such receptacle in good condition and repair;
(c) to cause all filth, rubbish and other offensive matter collected in receptacles and to be removed and deposited in the public receptacles, depots or places provided or appointed under sub-section (1) of section 132.
(2) For the purpose of this section and section 131, "house scavenging" means the removal of film, rubbish or other offensive matter from
(1) On the application or with the consent of the occupier of any building or land, or, where the occupier of any building or land fails to make arrangements to the satisfaction of1[the Executive Officer] for the matters referred to in this section, without such consent, and after giving notice in writing to the occupier,1[the Executive Officer] may undertake the house scavenging of any building or land in the cantonment2[for such period as he thinks fit on such terms as he may specify]in this behalf.
(2) Where1[the Executive Officer] has undertaken the duties referred to in this section, all matter removed in the performance of such duties shall be the property of the3[Board].
4[***]
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1. Substituted by Act 15 of 1983, sec 84
(1) Every1[Board] shall provide or appoint, in proper and convenient situations, public receptacles, depots or places for the temporary deposit or disposal of household rubbish, offensive matter, car cases of dead animals and sewage.
(2) The2[Executive Officer] may, by public notice, issue directions as to the time at which, the manner in which, and the conditions subject to which, any matter referred to in sub-section (1) may be removed along a street or may be deposited or otherwise disposed of.
(3) All matter deposited in receptacles, depots or places provided or appointed under this section shall be the property of the1[Board].
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1. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority".
The Executive Officer of any cantonment may, by notice in writing,--
(a) require any person having the control whether as owner, lessee or occupier of any land or building in the cantonment--
(i) to close any cesspool appertaining to the land or building which is, in the opinion of the Executive Officer, a nuisance, or
(ii) to keep in a clean condition, in such manner as may be prescribed by the notice, any receptacle for filth or sewage accumulating on the land or in the building, or
(iii) to prevent the water of any private latrine, urinal, sink or bathroom or any other offensive matter, from soaking, draining or flowing, or being put, from the land or building upon any street or other public place, or into any water-course or into any drain not i
(1) Where any well, tank, cistern, reservoir, receptacle or other place in the cantonment where water is stored or accumulates, whether within any private enclosure or not, is in such a condition as to create a nuisance or, in the opinion of the Health Officer, or the Assistant Health Officer, is or is likely to be a breeding place for mosquitoes, the1[Board] may, by notice in writing, require the owner, lessee or occupier thereof within such period as may be specified in the notice, to fill up or cover the well, cistern, reservoir or receptacle, or to fill up the tank, or to drain off or remove the water, as the case may be.
(2) The1[Board] may, if it thinks fit, with the previous sanction of the2[Officer Commanding-in-Chief, of the Command3[or the Director],]meet the whole or any portion of the expenses incurred in complying with a requisition under sub-section( 1).
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1[The Executive Officer] may, by notice in writing, require the owner or lessee of any building or land in the cantonment to provide, in such manner as may be specified in the otice, any latrine, urinal, cesspool, dust-bin or other receptacle for filth, sewage, or rubbish, or any additional latrine, urinal, cesspool or other receptacle as aforesaid, which should,2[in his opinion], be provided for the building or land.
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1. Substituted by Act 15 of 1983, section 88, for "A Board" w.e.f. 1-10-1983.
2. Substituted by Act 15 of 1983, section 88, for "in its opinion" w.e.f. 1-10-1983.
Every person employing, whether on behalf of the Government or otherwise, more than ten workmen or labourers, and every person managing or having control of a market, school, theatre or other place of public resort, in a cantonment shall give notice of the fact to the1[Executive Officer], and shall provide such latrine and urinals, and shall employ such number of sweepers, as the1[Executive Officer] thinks fit, and shall cause the latrines and urinals to be kept clean and in proper order:
Provided that nothing in this section shall apply in the case of a factory to which the2[Factories Act, 194 (63 of 1948)], applies.
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1. Substituted by Act 15 of 1983, section 89, for "Board" w.e.f. 1-10-1983.
2. Substituted by Act 15 of 1983
A1[Board] may, by notice in writing,--
(a) require the owner or other person having the control of any private latrine, or, urinal in the cantonment not to put the same to public use; or
(b) where any plan for the construction of private latrines or urinals has been approved by the1[Board], and copies thereof may be obtained free of charge on application--
(i) require any person repairing or constructing any private latrine or urinal not to allow the same to be used until it has been inspected by or under the direction of the Health Officer and approved by him as conforming with such plan; or
(ii) require any person having control of any private latrine or urinal to re-build or alter the same in accordance with such plan; or
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(1) Where it appears to a1[Board] that any block of buildings in the cantonment is in an unhealthy condition by reason of the manner in which the buildings are crowded together, or of the narrowness or closeness of the street, or of the want of proper drainage or ventilation, or of the impracticability of cleansing the buildings or other similar cause, it may cause the block to be inspected by a committee consisting of-
(a) the Health Officer,
(b) the Civil Surgeon of the district, or, if his services are not available, some other medical officer2[in the service of the Government],
(c) the Executive Engineer or a person deputed by the Executive Engineer in this behalf, and
3[(d) Where the cantonment is a Class I or Class II cantonment, two non-offic
(1) Where it appears to a1[Board] that any building or part of a building in the cantonment which is used as a dwelling house is so overcrowded as to endanger the health of the inmates thereof, it may, after such inquiry as it thinks fit, by notice in writing require the owner or occupier of the building or part thereof, as the case may be, within such time not being less than one month as may be specified in the notice, to abate the over crowding of the same by reducing the number of lodgers, tenants, or other inmates to such number as may be specified in the notice.
(2) Any person who fails, without reasonable cause, to comply with a requisition made upon him under sub-section (1) shall be punishable with fine which may extend to2[two hundred and fifty rupees], and, in the case of a continuing offence, to an additional fine which may extend to3[twenty-five rupees] for every day a
(1) Where any building in a cantonment is so ill-constructed or dilapidated as to be, in the opinion of the1[Board], in an insanitary state, the1[Board] may, by notice in writing, require the owner, within such time as may be specified in the notice, to execute such repairs or to make such alterations as it thinks necessary for the purpose of removing such defects.
(2) A copy of every notice issued under sub-section (1) shall be conspicuously posted on the building to which it relates.
(3) A notice issued under sub-section (1) shall be deemed to have been complied with if the owner of the building to which it relates has, instead of executing the repairs or making the alterations directed by the notice, removed the building.
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(1) If any building or land, whether icnantable or otherwise, is--
(i) in an insanitary, filthy or unwholesome state; or
(ii) in the opinion of the Executive Officer, a nuisance to persons residing in the neighbourhood; or
(iii) overgrown with prickly-pear or rank and noisome vegetation;
the Executive Officer may, by notice in writing, require the owner, lessee or occupier of such building or land to clean, lime-wash internally or externally, clear, or otherwise put such building or land in a proper state within such period as may be specified in the notice.
(2) Any person who fails to comply with the notice issued under sub-section (1) shall be punishable with fine which may extend to five hundred rupees
If a1[Board] is satisfied that any building or part of a building in the cantonment which is intended for or used as a dwelling place is unfit for human habitation, it may cause a notice to be posted on some conspicuous part of the building prohibiting the owner or occupier thereof from using the building or room for human habitation, or allowing it to be so used, until it has been rendered fit for such use to the satisfaction of the1[Board].
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1. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority".
1[The Executive Officer] may, by notice in writing, require the owner, lessee, or occupier of any land in the cantonment to clear away and remove any thick or noxious vegetation or undergrowth which appears2[to him] to be injurious to health or offensive to persons residing in the neighbourhood.
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1. Substituted by Act 15 of 1983, section 92, for "A Board" w.e.f. 1-10-1983.
2. Substituted by Act 15 of 1983, section 92, for "to it" w.e.f. 1-10-1983.
Where, in the opinion of a1[Board], the cultivation in the cantonment of any description of crop or the use therein of any kind of manure or the irrigation of any land therein in any specified manner is likely to be injurious to the health of persons dwelling in the neighbourhood, the1[Board] may, by public notice, or may, by a like notice, direct that it shall be carried out subject to such conditions as the1[Board] thinks fit:
Provided that if, when a notice is issued under this section, any land to which it relates has been lawfully prepared for cultivation or any crop is sown therein or is standing thereon, the1[Board] shall, if it directs that the notice is to take effect on a date earlier than that by which the crop would ordinarily be sown or reaped, as the case may be, make compensation to all persons interested in the land or crop for the loss, if any, incurred by them res
1 [The Executive Officer] may, by notice in writing, require the owner or person in-charge of any burial or burning ground in the cantonment to supply such information as may be specified in the notice concerning the condition, management or position of such ground.
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1.Substitutedby Act 15 of 1983, section 93, for "A Board" w.e.f. 1-10-1983.
(1) No place in a cantonment which has not been used as a burial or burning ground before the commencement of this Act shall be so used without the permission in writing of the1[Board].
(2) Such permission may be granted subject to any conditions which the1[Board] thinks fit to impose for the purpose of preventing annoyance to, or danger to the health of, persons residing in the neighbourhood.
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1. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority"
(1) Where a1[Board], after making or causing to be made local inquiry, is of opinion that any burial or burning ground in the cantonment has become offensive to, or dangerous to the health of, persons living in the neighbourhood, it may, with the previous sanction of the2[Central Government], by notice in writing, require the owner or person in charge of such ground to close the same from such date as may be specified in the notice.
(2) Where the2[Central Government] sanctions the issue of any notice under sub-section (1) it shall declare the conditions on which the burial or burning ground may be re-opened, and a copy of such declaration shall be annexed to the notice.
(3) Where the2[Central Government] sanctions the issues of any such notice, it shall require anew burial or burning ground to be provided at the expense of the cantonment
The provisions of sections 145,146 and 147 shall not apply in the case of any burial ground which is for the time being managed by or on behalf of the Government.
1[Board] may, by public notice, prescribe notice, prescribe routes in the cantonment by which atone corpses may be removed to burial or burning grounds.
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1. Substituted by the Act 24 of 1936, section 69, for "Cantonment Authority."
(1) Any person being in charge of, or in attendance, whether as a medical practitioner or otherwise, upon any person in a cantonment whom he knows or has reason to believe to be suffering from a contagious or infections disease, or being the owner, lessee or occupier of any building in a cantonment in which he knows that any person is so suffering, shall forthwith give information to the Board respecting the existence of such disease.
(2) No person shall--
(a) knowing that he is suffering from a contagious or an infectious disease, expose other persons to the risk of infection by his presence or conduct in any public street or public place;
(b) having the care of a person whom he knows to be suffering from a contagious or an infecrious disease cause or permit that person to expose other person
(1) In the event of a cantonment being visited or threatened by an outbreak of any infectious or contagious disease among the inhabitants thereof or of any epidemic disease among any animals therein, the1[Officer Commanding-in-Chief, the Command], if he thinks that the provisions of this Act or of any law for the time being in force in the cantonment are insufficient for the purpose, may, with the previous sanction of the2[Central Government],--
(a) take such special measures, and
(b) by public notice, make such temporary regulations to be observed by the public or by any class or section of the public,
as he thinks necessary to prevent the outbreak or the spread of the disease:
Provided that, where in the opinion of the1[Officer Commanding-in-Chief
Where it is certified to the Executive Officer by a medical practitioner that the outbreak or spread of any infectious or contagious disease in the cantonment is, in the opinion of such medical practitioner, attributable to the milk supplied by any dairyman, the Executive Officer may, by notice in writing, require the dairyman, within such time as may be specified in the notice, to furnish him with a full and complete list of the names and addresses of all his customers within the cantonment, or to give him such information as will enable him to trace the persons to whom the dairyman has sold milk.
Where it is certified to the Executive Officer by the Health Officer that it is desirable, with a view to prevent the spread of any infectious or contagious disease in the cantonment, that the Health Officer should be furnished with a list of the customers of any washerman, the Executive Officer may, by notice in writing, require the washerman, within a time to be specified in the notice, to furnish the Health Officer with a full and complete list of the names and addresses of all owners within the cantonment of clothes and other articles which the washerman washes or has washed during the six weeks immediately preceding the date of the notice.
Where, after inspection, the Health Officer is of opinion that any infectious or contagious disease is caused or is likely to arise in the cantonment from the consumption of the milk supplied from a dairy or from the washing of clothes or other articles in any place, or from any process employed by a washerman, he shall report the matter to the Executive Officer.
Upon receipt of a report submitted by the Health Officer under section 154, the Executive Officer may, by notice in writing,--
(a) prohibit the supply of milk from the dairy until the notice has been withdrawn; or
(b) prohibit the washerman from washing clothes or other articles in any such place or by any such process as aforesaid until the notice has been withdrawn or unless he uses such place in such manner, or washes by such process, as the Executive Officer may direct in the notice.
The Health Officer may take possession of any milk, clothes, or other articles which are or have recently been in the possession of any dairyman on whom a notice has been served under section 152, or of any clothes or other articles which are or have recently been in the possession of any washerman, on whom a notice has been served under section 153, and may subject the same or cause the same to be subjected to such chemical or other process as he may think necessary; and the1[Board] shall pay from the cantonment fund all the costs of the process and shall also pay to the owner of the milk clothes or2[other] articles such sum as compensation for any loss occasioned by such process as may appear to it to be reasonable.
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1. Substituted by Act 24 of 1936, section 69, for
Whoever in a cantonment--
(a) uses a public conveyance while suffering from an infectious or contagious disease, or
(b) uses a public conveyance for the carriage of a person who is suffering from any such disease, or
(c) uses a public conveyance for the carriage of the corpse of a person who has died from any such disease,
shall be bound to take proper precautions against the communication of the disease to other persons using or who may thereafter use the conveyance and to notify such use to the owner, driver or person in charge of the conveyance, and further to report without delay to the Executive Officer the number of the conveyance and the name of the person so notified.
(1) Where any person suffering from, or the corpse of any person who has died from, an infectious or contagious disease has been carried in a public conveyance which ordinarily plies in a cantonment, the driver thereof shall forthwith report the fact to the Executive Officer who shall forthwith cause the conveyance to be disinfected if that has not already been done.
(2) No such conveyance shall be brought again into use until the Executive Officer has granted a certificate stating that it can be used without causing risk of infection.
Whoever fails to make to the Executive Officer any report which he is required to make by section 157 or section 158, shall be punishable with fine which may extend to1[five hundred rupees].
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1. Substituted by Act 15 of 1983, sec 95, for "one hundred rupees" w.e.f. 1-10-1983.
Notwithstanding anything contained in any law for the time being in force, no owner, driver or person in charge of a public conveyance shall be bound to convey or to allow to be conveyed in such conveyance in or in the vicinity of a cantonment any person suffering from an infectious or contagious disease or the corpse of any person who has died from such disease unless and until such person pays or tenders a sum sufficient to cover any loss and expense which would ordinarily be incurred in disinfecting the conveyance.
Where a1[Board] is, upon the advice of the Health Officer, of opinion that the cleansing and disinfection of any building or part of a building in the cantonment or of any articles in any such building or part which are likely to retain infection, or the renewal of the flooring of any such building or part of such building, would tend to prevent or check the spread of any infectious or contagious disease,2[the Board may ] by notice in writing, require the owner or occupier to cleanse and disinfect, the said building, part or articles, as the case may be, or to renew the said flooring, within such time as may be specified in the notice:
Provided that where, in the opinion of the1[Board] the owner or occupier is from poverty or any other cause unable effectually to carry out any such requisition, the1[Board] may, at the expense of the cantonment fund, cleanse and disinfect the buildi
(1) Where the destruction of any hut or shed in a cantonment is, in the opinion of the1[Board], necessary to prevent the spread of any infectious or contagious disease, the1[Board] may, by notice in writing, require the owner to destroy the hut or shed and the materials thereof within such time as may be specified in the notice.
(2) Where the President of a Board2[* * *] is satisfied that the destruction of any hut or shed in the cantonment is immediately necessary for the purpose of preventing the spread of any infectious or contagious disease, he may order the owner or occupier of the hut or shed to destroy the same forthwith, or may himself cause it to be destroyed after giving not less than two hours notice to the owner or occupier thereof.
(3) The1[Board] shall pay compensation to the owner of any hut or shed destroyed under this se
The1[Board] shall provide free of charge temporary shelter or house accommodation for the members of any family in which an infectious or contagious disease has appeared who have been compelled to leave their dwelling by reason of any proceedings taken under section 161 or section 162, and who desire such shelter or accommodation as aforesaid to be provided for them.
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1. Substituted by Act 24 of 1936, section 69, for "Cantonment Autority".
(1) Where in a cantonment any building or part of a building is intended to be let in which any person has, within the six weeks immediately preceding, been suffering from an infectious or contagious disease, the person letting the building or part shall before doing so disinfect the same in such manner as the1[Executive Officer] may, by public or special notice, direct, together with all articles therein liable to retain infection.
(2) For the purposes of this section, the keeper of an hotel, lodging house or sarai shall be deemed to let to any person who is admitted as a guest therein that part of the building in which such person is permitted to reside.
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1. Substituted by Act 15 of 1983, section 96, for "Board" w.e.f. 1-10-1983.
No person shall, without previous disinfection of the same, give, lend, sell, transmit or otherwise dispose of to another person any article or thing which he knows or has reason to believe has been exposed to contamination by any infectious or contagious disease and is likely to be used in, or taken into, a cantonment.
(1) Every1[Board] shall-
(a) provide proper place with necessary attendants and apparatus for the disinfection of conveyances, clothing, bedding or
other articles which have been exposed to infection;
(b) cause conveyances, clothing or other articles brought for disinfection to be disinfected either free of charge or on payment of such charges as it may fix.
(2) A1[Board] may notify places at which articles of clothing, bedding, conveyances or other articles which have been exposed to infection shall be washed, and, if it does so, no person shall wash any such thing at any place not so notified without having previously disinfected such thing.
(3) The President of a Board2[* * *] may direct the destructio
Whoever, while suffering from, or in circumstances in which he is likely to spread, any infectious or contagious disease,--
(a) makes, carries or offers for sale in a cantonment or takes any part in the business of making, carrying or offering for sale therein any article of food or drink or any medicine or drug for human consumption, or any article of clothing or bedding for personal use or wear, or
(b) takes any part in the business of the washing or carrying of clothes,
shall be punishable with fine which may extend to1[five hundred rupees],
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1. Substituted by Act 15 of 1983, section 97, for "one hundred rupees" w.e.f. 1-10-1983.
When a cantonment is visited or threatened by an outbreak of any infections or contagious disease, the1[Board] may, by public notice, restrict in such manner or prohibit for such period, as may be specified in the notice, the sale or preparation of any article of food or drink for human consumption specified in the notice or the sale of any flesh of any description of animals so specified.
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1. Substituted by Act 24 of 1936, section 69, for "Cantonment Autority"
(1) If a1[Board] is of opinion that the water in any well, tank or other place is likely, if used for drinking, to endanger, or cause the spread of, any disease, it may,--
(a) by public notice, prohibit the removal or use of such water for drinking;
(b) by notice in writing, require the owner or person having control of such well, tank or place to take such steps as may be directed by the notice to prevent the public from having access to or using such water; or
(c) take such other steps as it may consider expedient to prevent the outbreak or spread of any such disease,
(2) In the event of a cantonment or any part of a cantonment being visited or threatened by an outbreak of any infectious or contagious disease, the Health Officer or any person auth
Where any person has died in a cantonment from any infectious or contagious disease, the Executive Officer may, by notice in writing,--
(a) require any person having charge of the corpse to convey the same to a mortuary, thereafter to be disposed of in accordance with law; or
(b) prohibit the removal of the corpse from the place where death occurred except for the purpose of being buried or burned or of being conveyed to a mortuary.
(1) A1[Board] may-
(a) provide and maintain either within or without the cantonment as many hospitals and dispensaries as it thinks fit; or
(b) make, upon such terms as it thinks fit to impose, a grant-in-aid to any hospital or dispensary2[or veterinary hospital], whether within or without the cantonment, not maintained by it.
(2) Every hospital or dispensary maintained or aided under sub-section (1) shall have attached to it a ward or wards for the treatment of persons suffering from infectious or contagious diseases.
(3) A medical officer, appointed in such manner as the3[Central Government] may direct, shall be in-charge of every hospital or dispensary maintained or aided under this section.
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(1) Every hospital or dispensarymaintained or aided under section 171 shall be maintained in accordance with anygeneral or special orders of the Central Government 1 [* * *] for theconduct of hospitals and dispensaries or in accordance with the said ordersmodified in such manner as the Central Government 1 [***] 2 [***]think fit.
(2) The3 [Board]shall cause every such hospital or dispensary to be provided with all requisitedrugs, instruments, apparatus, furniture and appliances and with sufficientcots, bedding and clothing for in-patients.
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1.The words"or the L.G." rep. by the A.O. 1937.
2.The words"as the case may be" rep. by the A.O. 1937.
3.Substitutedby Act 24 of 1936, section
At every hospital or dispensary maintained or aided under section 171, the sick poor of the cantonment, and other inhabitants of the cantonment suffering from infectious or contagious diseases, and, with the sanction of the1[Board], any other sick persons, may receive medical2[or surgical] treatment free of cost, and, if treated as in-patients, shall be either dieted gratuitously or, if the medical officer in charge so directs, shall be granted subsistence allowance on such scale as the1[Board] may fix.
3[***]
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1. Substituted by Act 24 of 1936, section 69, for "Cantonment Autority".
2. Inserted by Act 24 of 1936, section 43.
3. The Proviso omitted by Act 15 of 1983, section 98 w.e.
Any sick person who is ineligible to receive medical1[or surgical] treatment free of cost in any hospital or dispensary under section 173 may be admitted to treatment therein upon such terms as the2[Board] thinks fit.
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1. Inserted by Act 24 of 1936, section 44.
2. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority".
(1) If the Health Officer or the medical officer in-charge of a hospital or dispensary maintained or aided under section 171 has reason to believe that any person living in the cantonment is suffering from an infectious or contagious disease, he may, by notice in writing, call upon such person to attend for examination at any such hospital or dispensary at such time as may be specified in the notice and not to quit it without the permission of the medical officer-in-charge; and, on the arrival of such person at the hospital or dispensary, the medical officer-in-charge thereof may examine him for the purpose of satisfying himself whether or not such person is suffering from an infectious or contagious disease:
Provided that, if, having regard to the nature of the disease or the condition of the person suffering therefrom, or the general environment and circumstances of such person,
(1) If the Health Officer or the medical officer in-charge of a hospital or dispensary maintained or aided under section 171 reports in writing to the1[Officer Commanding the station] that any person having received a notice under section 175 has refused or omitted to attend at the hospital or dispensary, specified in the notice, or that such person, having attended the hospital or dispensary, has quitted it without the permission of such medical officer, or that any person has failed to comply with any direction given to him under section 175 the1[Officer Commanding the station] may, by order in writing, direct such person to remove from the cantonment within twenty-four hours and not to re-enter it without his permission in writing.
(2) No person who has under sub-section (1) been ordered to remove from and not to re-enter a cantonment shall enter any other cantonment2[* * *] wit
Control of traffic for hygienic purposes
(1) A1[Board] may provide or prescribe suitable routes for the use of persons passing through the cantonment-
(a) on their way to or from fairs or places of pilgrimage or other places of public resort; or
(b) during times when an infectious or contagious disease is prevalent, and may, by public notice, require such persons as aforesaid to use such routes and no others.
(2) All routes provided or prescribed under sub-section (1) shall be clearly and sufficiently indicated by the1[Board].
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1. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority".
Special conditions regarding essential services
(1) Whoever, being a1[safaiwala] employed by a2[Board], in the absence of a written contract authorising him so to do and without reasonable cause, resigns his employment or absents himself from his duty without having given one month's notice to the2[Board], or neglects or refuses to perform his duties, or any of them, shall be punishable with imprisonment which may extend to one month.
(2) The3[Central Government] may, by notification in the Official Gazette, direct that on and from such date as may be specified in the notification, the provisions of this section shall apply in the case of any specified class of servants employed by a2[Board] whose functions intimately concern the public health or safety.
(3) For the purpose of this section4["s
No person shall erect or re-erect a building on any land in a cantonment--
(a) in an area, other than the civil area, except with the previous sanction of the Board;
(b) in a civil area, except with the previous sanction of the Executive Officer,
nor otherwise than in accordance with the provisions of this Chapter and of the rules and bye-laws made under this Act relating to the erection and re-erection of buildings.]
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1. Substituted by Act 15 of 1983, section 100, for section 178A w.e.f. 1-10-1983.
1[(1) Whoever intends to erect or re-erect any building in a cantonment shall apply for sanction by giving notice in writing of his intention,--
(a) where such erection or re-erection is in an area, other than the civil area, to the Board;
(b) where such erection or re-erection is in a civil area, to the Executive Officer.]
(2) For the purposes of this Act, a person shall be deemed to erect or re-erect a building who--
(a) makes any material alteration or enlargement of any building, or
(b) converts into a place for human habitation any building not originally constructed for human habitation, or
(c) converts into more than one place for human habitation a buil
(1) A person giving the notice required by section 179 shall specify the purpose for which it is intended to use the building to which such notice relates.
(2) No notice shall be valid until the information required under sub-section (1) and any further information and plans which may be required under bye-laws made under this Act have been furnished to the satisfaction of the1[Board or the Executive Officer, as the case may be,] along with the notice.
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1. Substituted by Act 15 of 1983, section 102, for "Board" w.e.f. 1-10-1983.
The powers, duties and functions of the Board under section 181, sub-section (1) of section 182, section 183, section 183 A and section 185 [excluding the provisions to subsection (1) and the proviso to sub-section (2) of the said section 185] shall be exercised or discharged in a civil area by the Executive Officer.]
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1. Inserted by Act 15 of 1983, section 103 w.e.f. 1-10-1983.
(1)The 1 [Board] may either refuse to sanction the erection orre-erection, as the case may be, of the building, or may sanction it eitherabsolutely or subject to such directions as it thinks fit to make in writing inrespect of all or any of the following matters, namely :--
(a)the free passage or way to be left in front of the building;
(b)the space to be left about the building to secure free circulation of air andfacilitate scavenging and the prevention of fire;
(c)the ventilation of the building, the minimum cubic area of the rooms and thenumber of height of the storeys of which the buildings may consist;
(d)the provision and position of drains, latrines, urinals, cesspools or otherreceptacles for fifth;
&nb
The Officer Commanding-in-Chief, the Command may sanction a general scheme of erection or re-erection of buildings within such limits as may be specified in the sanction for the prevention of over-crowding or for purpose of sanitation, or in the interest of persons residing within those limits or for any other purpose, and may, in pursuance of such scheme, impose restrictions on the erection or re-erection of buildings within those limits:
Provided that no such scheme shall be sanctioned by the Officer Commanding-in-chief, the Command, unless an opportunity has given by a public notice to be published locally by the Executive Officer requiring persons affected or likely to be affected by the proposed scheme, to file their objections or suggestions in the manner specified in the notice, within a period of fifteen days of the publication of such notice, and after considering such obj
(1) No compensation shall be claimable by any person for any damage or loss which he may sustain in consequence of the refusal of the1[Board] of sanction to the erection of any building or in respect of any direction issued by it under sub-section (1) of section 181.
(2) The1[Board] shall make compensation to the owner of any building for any actual damage or loss sustained by him in consequence of the prohibition of the re-erection of any building or of its requiring any land belonging to him to be added to the street:
Provided that the1[Board] shall not be liable to make any compensation in respect of the prohibition of the re-erection of any building which for a period of three years or more immediately preceding such refusal has not been in existence or has been unfit for human habitation.
Every sanction for the erection or re-erection of a building given or deemed to have been given by the1[Board] as hereinbefore provided shall be available for one year from the date on which it is given, and, if the building so sanctioned is not begun by the person who has obtained the sanction or some one lawfully claiming under him within that period, it shall not thereafter be begun2[unless the Board on application made therefor has allowed an extension of that period].
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1. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority".
2. Substituted by Act 24 of 1936, section 48, for "without fresh sanction obtained in the manner herein before provided".
A Board, when sanctioning the erection or re-erection of a building as hereinbefore provided, shall specify a reasonable period after the work has commenced within which the erection or re-erection is to be completed, and, if the erection or re-erection is not completed with the period so fixed, it shall not be continued thereafter without fresh sanction obtained in the manner hereinbefore provided, unless the Board on application made therefor has allowed an extension of that period:
Provided that not more than two such extensions shall be allowed by the Board in any case.]
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1. Inserted by Act 24 of 1936, section 49.
Every person to whom sanction for the erection or re-erection of any building in any area in a cantonment has been given or deemed to have been given under section 181 by the Board or the Executive Officer, as the case may be, shall, within thirty days after completion of the erection or re-erection of the building give a notice of completion in writing to the Board or the Executive Officer, as the case may be, and the Board or the Executive Officer shall on receipt of such notice cause the building to be inspected in order to ensure that the building has been completed in accordance with the sanction given by the Board of the Executive Officer, as the case may be.]
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1. Inserted by Act 15 of 1983, section 106 w.e.f. 1-10-1983.
Whoever begins, continues or completes the erection or re-erection of a building--
(a) without having given a valid notice as required by sections 179 and 180, or before the building has been sanctioned or is deemed to have been sanctioned, or
(b) without complying with any direction made under sub-section (1) of section 181, or
(c) when sanction has been refused, or has ceased to be available1[or has been suspended by the Officer Commanding-in-Chief, the Command, under clause (b) of sub-section (1) of section 52],
shall be punishable with fine which may extend to2[five thousand rupees].
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1. Inserted by Act 24 of 1936, section 50.
&nb
1[(1)]2[Board] may, at any time, by notice in writing, direct the owner, lessee or occupier of any land in the cantonment to stop the erection or re-erection of a building in any case in which the2[Board] considers that such erection or re-erection is an offence under section 184, and may in any such case3[or in any other case in which the Board considers that the erection or re-erection of a building is an offence under section 184, within4[twelve months] of the completion of such erection or re-erection] in like manner direct the alteration or demolition, as it thinks necessary, of the building, or any part thereof, so erected or re-erected:
Provided that the2[Board] may, instead of requiring the alteration or demolition of any such building or part thereof, accept by way of composition such sum as it thinks reasonable:
5[Provided furt
1[Board] may make bye-laws prescribing-
(a) the manner in which notice of the intention to erect or re-erect a building in the cantonment shall be given to the2[Board or the Executive Officer, as the case may be,] and the information and plans to be furnished with the notice;
3[(aa) the manner in which and the form in which a notice of completion of erection or re-erection of any building in the cantonment shall be given to the Board or the Executive Officer, as the case may be, and the information and plans to be furnished with the notice;]
(b) the type or description of buildings which may or may not, and the purpose for which a building may or may not, be erected or re-erected in the cantonment or any part thereof];
(c) the minimum cubic capacity
(1) No owner or occupier of any building in a cantonment shall, without the permission in writing of the1[Board] add to or place against or in front of the building any projection or structure overhanging, projecting into, or encroaching on, any street or any drain, sewer or aqueduct therein.
(2) The1[Board] may, by notice in writing, require the owner or occupier of any such building to alter or remove any such projection or encroachment as aforesaid:
Provided that, in the case of any projection or encroachment lawfully in existence at the commencement of this Act, the1[Board] shall make compensation for any damage caused by the removal or alteration.
(3) The1[Board] may, by order in writing, give permission to the owners or occupiers of buildings in any particular street to put up open veran
A1[Board] may, by notice in writing, require any person who has, without its permission in writing, newly erected or re-erected any2[structure] over any public sewer, drain, culvert, water-course or water-pipe in the cantonment to pull down or otherwise deal with the same as it thinks fit.
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1. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority".
2. Substituted by Act 31 of 1940, section 7, for "building".
(1) A1[Board] may, by notice in writing, require the owner or lessee of any building or land in any street, at his own expense and in such manner as the1[Board] thinks fit, to put up and keep in good condition, proper troughs and pipes for receiving and carrying rain water from the building or land and for discharging the same or to establish and maintain any other connection or communication between such buildings or land and an drain or sewer.
(2) For the purpose of efficiently draining any building or land in the cantonment, the1[Board] may, by notice in writing, require the owner or lessee of the building or land-
(a) to pave, with such materials and in such manner as it thinks fit, any courtyard, alley or passage between two or more buildings, or
(b) to keep any such paving in proper repa
1[The Executive Officer] may attach to the outside of any building, or to any tree in the cantonment, brackets for lamps in such manner as not to occasion injury thereto or inconvenience.
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1. Substituted by Act 15 of 1983, section 109, for "A Board" w.e.f. 1-10-1983.
1[1]2[The Executive Officer] may, by order in writing, permit the temporary occupation of any street, or of any land vested in the3[Board], for the purpose of depositing any building materials or making any temporary excavation therein or erection thereon, subject to such conditions4[as the Board may prescribe] for the safety or convenience of the public, and may charge a fee for such permission and may in its discretion withdraw such permission.
5[(2) Where any article or thing is placed on any street or land under the management of the Board or the Defence Estates Officer so as to form an obstruction thereto or any encroachment thereon, the Executive Officer or as the case may be, the Defence Estates Officer, may cause such article or thing to be removed and recover from the person who placed such article or thing the expenses incurred in that behalf in the same manner as moneys
(1) A1 [Board] shall not permanently closeany street or open any new street without the previous sanction of the 2 [OfficerCommanding-in-Chief, the Command 3 [or the Director]].
(2)4 [TheExecutive Officer] may, by public notice, temporarily close any street or anypart of a street for repair or for the purpose of carrying out any workconnected with drainage, water-supply or lighting or any other work which it isby or under this Act required or permitted to carry out:
Provided thatwhere, owing to any works or repairs or from any other cause, the condition ofany street or of any water-works, drain, culvert or premises vested in the 1 [Board],is such as to be likely to cause danger to the public, the 1 [Board]shall--
(a) take allreasonable means for the protection of the adjacent buildings and lan
1[(1) A Board may determine the name or number by which any area, street or public place in the cantonment shall be known, may cause name or number to be affixed on any building in the cantonment in such place as it thinks fit and may also cause a number to be affixed to any such building.]
(2) Whoever destroys, pulls down, defaces or alters any such name or number or puts up any name or number differing from that put up by the order of the2[Board] shall be punishable with fine which may extend to3[one hundred rupees.]
4[(3) When a5[name or number] has been affixed to any building under sub-section (1), the owner of the building shall maintain the5[name or number] in order, and shall replace it if removed or defaced, and if he fails to do so the6[Executive Officer] may by notice in writing require him to replace it].
(1) No boundary wall, hedge or fence of any material or description shall be erected in a cantonment without the permission in writing of the1[Executive Officer].
(2)2[The Executive Officer] may, by notice in writing, require the owner or lessee of any land in the cantonment--
(a) to remove from the land any boundary wall, hedge or fence which is in its opinion unsuitable, unsightly or otherwise objectionable; or
(b) to construct on the land sufficient boundary walls, hedges or fences of such material, description or dimensions as may be specified in the notice; or
(c) to maintain the boundary walls, hedges or fences of such lands in good order:
Provided that, in the case of any such boundary wall, hedge
(1) Where, in the opinion of a1[Board], the felling of any tree of nature growth standing in a private enclosure in the cantonment is necessary for any reason, the1[Board] may, by notice in writing, require the owner, lessee or occupier of the land to fell the tree within such time as may be specified in the notice.
(2) A1[Board] may-
(a) cause to be lopped or trimmed any tree standing on land in the cantonment which belongs to the Government; or
(b) by public notice require ail owners, lessees or occupiers of land in the cantonment, or by notice in writing require the owner, lessee or occupier of any such land, to lop or trim, in such manner as may be specified in the notice, all or any trees standing on such land or to remove any dead trees from such land.
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Whoever, without the permission in writing of the1[Board], digs up the surface of any open space in the cantonment, which is not private property, shall be punishable with fine which may extend to2[two hundred and fifty rupees], and, in the case of a continuing offence,3[with an additional fine] which may extend to4[fifty rupees] for every day after the first during which the offence continues.
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1. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority"
2. Substituted by Act 15 of 1983, section 114, for "twenty rupees" w.e.f. 1-10-1983.
3. Substituted by Act 8 of 1930, section 2, and Schedule I, for "to an additional fine".
4. Substituted by Act 15 of 1983, section 11
(1) If, in the opinion of a1[Board], the working of a quarry in the cantonment, or the removal of stone, earth or other material from the soil in any place in the cantonment, is dangerous to persons residing in or frequenting the neighbourhood of such quarry or place, or creates, or is likely to create, a nuisance, the1[Board] may, by notice in writing, prohibit the owner, lessee or occupier of such quarry of place or the person responsible for such2[working] or removal, from continuing or permitting the working of such quarry or the moving of such material, or require him to take such steps in the matter as the2[Board] may direct for the purpose of preventing danger or abating the nuisance arising or likely to arise therefrom.
(2) If, in any case referred to in sub-section (1), the2[Board] is of opinion that such a course is necessary in order to prevent imminent danger, it may, b
(1) A1[Board] may provide and maintain, either within or without the cantonment, public markets and public slaughterhouses, to such number as it thinks fit, together with stalls, shops, sheds, pens and other buildings or conveniences for the use of persons carrying on trade or business in or frequenting such markets or slaughter-houses, and may provide and maintain in any such market buildings, places, machines, weights, scales and measures for the weighment or measurement of goods sold therein.
(2) When such market or slaughter-house is situated beyond cantonment limits, the1[Board] shall have the same power for the inspection and proper regulation of the same as if it were situated within those limits.
(3) The1[Board] may at any time, by public notice, close any public market or public slaughter-house or any part thereof.
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(1) No person shall, without the general or special permission in writing of the1[Board], sell or expose for sale any animal or article in any public market.
(2) Any person contravening the provisions of this section, and any animal or article exposed for sale by such person, may be summarily removed from the market by or under the orders of the Executive Officer or any officer or servant of the1[Board] authorised by it in this behalf.
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1. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority"
The Board may transfer by public auction, for any period not exceeding three years at a time, the right to occupy or use any stall, shop, standing, shed or pen in a public market, or public slaughter-house, or the right to expose goods for sale in a public market or the right to weight or measure goods sold therein, or the right to slaughter animals in any public slaughter-house :
Provided that where the Board is of opinion that such transfer of the aforesaid rights by public auction is not considered desirable or expedient, it may, with the previous sanction of the General Officer Commanding-in-Chief of the Command2[or the Director],--
(a) either levy such stallages, rents or fees as it thinks fit; or
(b) farm the stallages, rents and fees leviable under clause (a) for any period not exceedin
A copy of the table of stallages, rents and fees, if any, leviable in any public market or public slaughter-house, and of the bye-laws made under this Act for the purpose of regulating the use of such market or slaughter-house, printed in the English language and in such other language or languages as the1[Board] may direct, shall be affixed in some conspicuous place in the market or slaughter-house.
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1. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority".
(1) No place in a cantonment other than a public market shall be used as a market, and no place in a cantonment other than a public slaughter-house shall be used as a slaughter-house, unless such place has been licensed as a market or slaughter-house, as the case may be, by the1[Board]:
Provided that nothing in this sub-section shall apply in the case of a slaughter-house established and maintained by the Government.
(2) Nothing in sub-section (1) shall be deemed--
(a) to restrict the slaughter of any animal in any place on the occasion of any festival or ceremony, subject to such conditions as to prior or subsequent notice as the Executive Officer with the previous sanction of the District Magistrate may, by public or special notice, impose in this behalf, or
(1) A1[Board] may charge such fees as it thinks fit to impose for the grant of a licence to any person to open a private market or private slaughter-house in the cantonment, and may grant such licence subject to such conditions, consistent with this Act and any bye-laws made thereunder, as it thinks fit to impose.
(2) The1[Board] may refuse to grant any such licence without giving reasons for such regisal.
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1. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority".
(1) Any person who keeps open for public use any market or slaughter-house in respect of which a licence is required by or under this Act, without obtaining licence therefor, or while the licence therefor is suspended, or after the same has been cancelled, shall be punishable with fine which may extend to1[two hundred and fifty rupees] and, in the case of a continuing offence, with an additional fine which may extend to2[twenty-five rupees] for every day after the first during which the offence is continued.
(2) When a licence to open a private market or private slaughter-house is granted or refused or is suspended or cancelled, the3[Board] shall cause a notice of the grant, refusal, suspension or cancellation to be posted in English, and in such other language or languages as it thinks necessary, in some conspicuous place by or near the entrance to the place to which the notice re
Whoever, knowing that any market or slaughter-house has been opened to the public without a licence having been obtained therefor when such licence is required by or under this Act, or that the licence granted therefor is for the time being suspended or that it has been cancelled, sells or exposes for sale any article in such market, or slaughters any animals in such slaughter-house, shall be punishable with fine which may extend to1[two hundred and fifty rupees] and, in the case of a continuing offence, with an additional fine which may extend to2[twenty-five rupees] for every day after the first during which the offence is continued.
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1. Substituted by Act 15 of 1983, section 118, for "fifty rupees" w.e.f. 1-10-1983.
2. Substituted by Act 15 of 1983, section 118, for
(1) Where, in the opinion of the1[Board], it is necessary on sanitary grounds so to do, it may, by public notice, prohibit for such period not exceeding one month, as may be specified in the notice, or for such further period not exceeding one month, as it may specify by a like notice, the use of any private slaughter-house specified in the notice, or the slaughter therein of any animal of any description so specified.
(2) A copy of every notice issued under sub-section (1) shall be conspicuously posted in the slaughter-house to which it relates.
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1. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority".
(1) Any servant of a1[Board], authorised by order in writing in this behalf by2[the President of the Board or the Executive Officer]3[***] or the Health Officer, may, if he has reason to believe that any animal has been, is being, or is about to be slaughtered in any place in contravention of the provisions of this Chapter, enter into and inspect any such place at any time, whether by day or by night.
(2) Every such order shall specify the place to be entered and the locality in which the same is situated and the period, which shall not exceed seven days for which the order is to remain in force.
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1. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority".
2. Substituted by Act 15 of 1983, section 119, for "the
A 1 [Board] may, with the approval of the 2 [Central Government], make bye-laws consistent with this Act to provide for all or any of the following matters, namely :--
(a) the days on, and the hours during, which any private market or private slaughterhouse may be kept open for use;
(b) the regulation of the design, ventilation and drainage of such markets and slaughterhouses, and the material to be used in the construction thereof;
(c) the keeping of such markets and slaughter-houses and lands and buildings appertaining thereto in a clean and sanitary condition, the removal of filth and refuse therefrom, and the supply therein of pure water and of a sufficient number of latrines and urinals for the use of persons using or frequenting the same;
(d)
(1) A1[Board] may provide suitable places for the exercise by washermen of their calling, and may require payment of such fees for the use thereof as it thinks fit.
(2) Where the1[Board] has provided such places as aforesaid it may, by public notice, prohibit the washing of clothes by washermen at any other place in the cantonment:
Provided that such prohibition shall not be deemed to apply to the washing by a washerman of his own clothes or of the clothes of any other person who is an occupier of the place at which they are washed.
(3) Whoever contravenes any prohibition contained in a notice issued under sub-section (2) shall be punishable with fine which may extend to2[one hundred rupees].
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(1) No person of any of the following classes, namely :--
(a) butchers and vendors of poultry, game or fish;
(b) persons keeping pigs for profit, and dealers in the flesh of pigs which have been slaughtered in India;
(c) persons keeping milch cattle or milch goats for profit;
(d) persons keeping for profit any animals other than pigs, milch cattle or milch goats;
(e) dairymen, buttermen and makers and vendors of ghee;
(f) makers of bread, biscuits or cake, and vendors of bread, biscuits or cake made in India;
(g) vendors of fruit or vegetables;
(h) manufacturers of aerated
A licence granted to any person under section 210 shall specify the part of the cantonment in which the licensee may carry on his trade, calling or occupation, and may regulate the hours and manner of transport within the cantonment of any specified articles intended for human consumption, and may contain any other conditions which the1[Board] thinks fit to impose in accordance with bye-laws made under this Act.
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1. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority"
If a1[Board] is satisfied that any place used under a licence granted under this Chapter is a nuisance or is likely to be dangerous to life, health or property, the1[Board] may, by notice in writing, require the owner, lessee or occupier thereof to discontinue the use of such place or to effect such alterations, additions, or improvements as will, in the opinion of the1[Board], render it no longer a nuisance or dangerous.
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1. Substituted by Act 24 of 1936, section 55, for "for one year".
Whoever carries any trade, calling or occupation for which a licence is required without obtaining a licence therefor or while the licence therefor is suspended or after the same has been cancelled, and whoever, after receiving a notice under section 212, uses or allows to be used any building or place in contravention thereof, shall be punishable with fine which may extend to1[five hundred rupees] and, in the case of a continuing offence, with an additional fine which may extend to2[fifty rupees] for every day after the first during which the offence is continued.
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1. Added by Act 2 of 1954, section 19.
2. Substituted by Act 15 of 1983, section 122, for "are unsuitable" w.e.f. 1-10-1983.
Whoever feeds or allows to be fed on filthy ordeleterious substances any animal, which is kept for the purpose of supplyingmilk to, or which is intended to be used as food for, the inhabitants of acantonment or allows it to graze in any place in which grazing has, for sanitaryreasons, been prohibited by public notice by the 1 [Board]shall be punishable with fine which may extend to 2 [two hundredrupees].
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1.Substitutedby Act 24 of 1936, section 55, for "for one year".
2.Substitutedby Act 15 of 1983, section 122, for "Indian Petroleum Act, 1899" w.e.f.1-10-1983.
Entry, inspection and seizure
(1) The President or the Vice-President1[* * *], the Executive Officer, the Health Officer, the Assistant Health Officer, or any other officer or servant of a2[Board] authorised by it in writing in this behalf,--
(a) may at any time enter into any market, building, shop, stall or other place in the cantonment for the purpose of inspecting, and may inspect, any animals, article or thing intended for human food or drink or for medicine, whether exposed or hawked about for sale or deposited in or brought to any place for the purpose of sale, or of preparation for sale, or any utensil or vessel for preparing, manufacturing or containing any such article, or thing, and may enter into and inspect any place used as a slaughter-house and may examine any animal or article therein;
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Import of cattle and flesh
(1)No person shall, without the permission in writing1[of the Executive Officer], bring into a cantonment any animal intended for human consumption, or the flesh of any animal slaughtered outside the cantonment otherwise than in a slaughter-house maintained by the Government or the2[Board]:
3[Provided that the Executive Officer shall not grant such permission unless recommended by the Health Officer.]
(2) Any animal or flesh brought into a cantonment in contravention of sub-section (1) may be seized by the Executive Officer or by any servant of the2[Board] and sold or otherwise disposed of as the4[President of the Board] may direct, and, if it is sold, the sale-proceeds may be credited to the cantonment fund.
(3) Whoever c
(1) In every cantonment where a sufficient supply of pure water for domestic use does not exist, the 1 [Board] shall provide or arrange for the provision of such a supply.
(2) The 1 [Board] shall, as far as possible, make adequate provision that such supply shall be continuous throughout the year, and that the water shall be at all times pure and fit for human consumption.
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1. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority".
(1) The 1 [Board] may, with the previous sanction of the 2 [Central Government], by public notice, declare any lake, stream, spring, well, tank, reservoir or other source, whether within or without the limits of the cantonment (other than a source of water-supply under the control of the 3 [Military Engineer] Services or the Public Works Department) from which water is or may be made available for the use of the public in the cantonment to be a source of public water-supply.
(2) Every such source shall be under the control of the 1 [Board].
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1. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority".
2. Substituted by The A.O. 1937, for "L.G.".
3. Substituted by Act 7
The 1 [Executive Officer] may, by notice in writing, require the owner or any person having the control of any source of public water-supply which is used for drinking purposes--
(a) to keep the same in good order and to clear it from time to time of silt, refuse and decaying vegetation, or
(b) to protect the same from contamination in such manner as the 1 [Executive Officer] may direct, or
(c) if the water therein is proved to the satisfaction of the 1 [Executive Officer] to be unfit for drinking purposes, to take such measures as may be specified in the notice to prevent the public from having access to or using such water:
Provided that, in the case of a well, such person as aforesaid may, instead of complying with the notice, signify in writing
(1) The 1 [Board] may permit the owner, lessee or occupier of any building or land to connect the building or land with a source of public water-supply by means of communication pipes of such size and description as it may prescribe for the purpose of obtaining water for domestic use.
(2) The occupier of every building so connected with the water-supply shall be entitled to have for domestic use, in return for the water tax, if any, such quantity of water as the 1 [Board] may determine.
(3) All water supplied in excess of the quantity to which such supply is limited under sub-section (2) and, in a cantonment in which a water tax is not imposed, all water supplied under this section, shall be paid for at such rate as the 1 [Board] may fix.
(4) The supply of water for domestic use shall not be d
If it appears to the 1 [Executive Officer] that any building or land in the cantonment is without a proper supply of pure water, the 1 [Executive Officer] may, by notice in writing, require the owner, lessee or occupier of the building or land to obtain from a source of public water-supply such quantity of water as is, adequate to the requirements of the persons usually occupying or employed upon the building or land, and to provide communication pipes of the prescribed size and description, and to take all necessary steps for the above purposes.
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1. Substituted by Act 15 of 1983, section 128, for "Board" (w.e.f. 1-10-1983).
(1) The 1 [Board] may, by agreement, supply, from any source of public water-supply, the owner, lessee or occupier of any building or land in the cantonment with any water for any purpose, other than a domestic purpose, on such terms and conditions, consistent with this Act and the rules and bye-laws made thereunder, as may be agreed upon between the 1 [Board] and such owner, lessee or occupier.
(2) The 1 [Board] may withdraw such supply or curtail the quantity thereof at any time if it should appear necessary to do so for the purpose of maintaining sufficient supply of water for domestic use by inhabitants of the cantonment.
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1. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority".
Notwithstanding any obligation imposed on 1 [Boards] under this Act, a 2 [Board] shall not be liable to any forfeiture, penalty or damages for failure to supply water or for curtailing the quantity thereof if the failure or curtailment, as the case may be, arises from accident or from drought or other unavoidable cause unless, in the case of an agreement for the supply of water under section 222, the 2 [Board] has made express provision for forfeiture, penalty or damages in the event of such failure or curtailment.
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1. Substituted by Act 15 of 1983, section 129, for "as the Board may appoint" (w.e.f. 1-10-1983).
2. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority".
Notwithstanding anything hereinbefore contained or contained in any agreement under section 222, the supply of water by a 1 [Board] to any building or land shall be, and shall be deemed to have been, granted subject to the following conditions, namely :--
(a) the owner, lessee or occupier of any building or land in or on which water supplied by the 1 [Board] is wasted by reason of the pipes, drains or other works being out of repair shall, if he has knowledge thereof, give notice of the same to such officer 2 [as the Executive Officer may appoint] in this behalf;
(b) the Executive Officer or any other officer or servant of the 1 [Board] 3 [authorised by him] in writing in this behalf may
enter into or on any premises supplied with water by the 1 [Board], for the purpose of examining all pip
A 1 [Board] may allow any person not residing within the limits of the cantonment to take or be supplied with water for any purpose from any source of public water on terms as it may prescribe, and may at any time withdraw or curtail such supply.
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1. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority".
Whoever--
(a) uses for other than domestic purposes any water supplied by a 1 [Board] for domestic use, or
(b) where water is supplied by agreement with a 1 [Board] for a specified purpose, uses that water for any other purposes,
shall be punishable with fine which may extend to 2 [two hundred and fifty rupees], and the 1 [Board] shall be entitled to recover from him the price of the water misused.
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1. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority".
2. Substituted by Act 15 of 1983, section 130, for "Fifty rupees" (w.e.f. 1-10-1983).
A 1 [Board] may carry any cable, wire, pipe, drain, sewer or channel of any kind,--
(a) for the purpose of carrying out, establishing or maintaining any system of water-supply, lighting, drainage, or sewerage, through, across, under or over any road or street, or any place laid out or intended as a road or street, or, after giving reasonable notice in writing to the owner or occupier, into, through, across, under or over any land or building, or up the side of any building, situated within the cantonment, or
(b) for the purpose of supplying water or of the introduction or distribution of outfall of water or for the removal or outfall of sewage, after giving reasonable notice in writing to the owner or occupier, into, through, across, under or over any land or building, or up the side of any building, situated outside the cantonment,
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In the event of any cable, wire, pipe, drain, sewer or channel being laid or carried above the surface of any land or through, over or up the side of any building, such cable, wire, pipe, drain sewer or channel shall be so laid or carried as to interfere as little as possible with the rights of the owner or occupier to the due enjoyment of such land or building, and compensation shall be payable by the1[Board] in respect of any substantial interference with the right to any such enjoyment.
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1. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority".
The Cantonments Act, 1924, is a comprehensive legislation governing the administration, management, and regulation of cantonments in India. Section 228 specifically addresses the laying and maintenance of wires, cables, pipes, drains, and channels above the ground within cantonment areas, highlighting concerns related to infrastructure and property rights.
Section 228 stipulates that any cable, wire, pipe, drain, sewer, or channel laid above the surface of the ground must be installed in a manner that minimizes interference with the rights of landowners or occupiers. It emphasizes the importance of proper placement to prevent damage or obstruction and ensures that such installations do not hinder property rights or access.
Section 228 applies to all utilities like cables, wires, pipes, drains, and sewers laid above the surface within cantonment areas. It encompasses the procedures and standards for installation, emphasizing the need to balance infrastructural development with property rights. The section is relevant for authorities, contractors, and property owners involved in laying or maintaining above-ground utilities.
The section itself does not specify direct punishments; however, violations may attract penalties under related provisions of the Cantonments Act or applicable laws. Penalties could include fines or orders for removal or reinstallation of improperly laid utilities, depending on the breach's nature and severity.
Note: The analysis is based on the available sources, primarily focusing on the scope, purpose, and legal implications of Section 228 within the Cantonments Act, 1924.
No person shall, for any purpose whatsoever, with out the permission of the1[Board] at any time make or cause to be made any connection or communication with any cable, wire, pipe, drain, sewer or channel constructed or maintained by, or vested in, a1[Board].
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1. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority".
1 [The Executive Officer] may prescribe the size of the ferrules to be used for the supply of gas, if any, and may establish meters or other appliances for the purpose of 2 [measuring the quantity of any water or gas or testing the quality thereof] supplied to any premises by the 3 [Board].
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1. Substituted by Act 15 of 1983, section 131, for "A Board" (w.e.f. 1-10-1983).
2. Substituted by Act 15 of 1983, section 131, for certain words (w.e.f. 1-10-1983).
3. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority".
The ferrules, communication pipes, connections, meters, stand pipes and all fittings thereon or connected therewith leading from water mains or from pipes, drains, sewers or channels into any house or land, to which water or gas is supplied by a 1 [Board], and the pipes, fittings, and works inside any such house or within the limits or any such land, shall in all cases be 2 [installed or] executed subject to the inspection and 3 [to the satisfaction of the Executive Officer].
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1. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority".
2. Inserted by Act 8 of 1930, section 2 and Schedule I.
3. Substituted by Act 15 of 1983, section 132, for "to the satisfaction of the Board" (w.e.f. 1-10-1983).
A 1 [Board] may fix the charges to be made for the establishment by them or through their agency of communications from, and connections with, mains, or pipes for the supply of water, or gas, or for meters or other appliances 2 [for measuring the quantity, or testing the quality thereof] supplied, and may levy such charges accordingly.
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1. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority".
2. Substituted by Act 15 of 1983, section 133, for certain words (w.e.f. 1-10-1983).
(1) Where in any cantonment there is a water-supply under the control of the 1 [Military Engineer] Services or the Public Works Department, the Officer of the 1 [Military Engineer] Services or of the Public Works Department, as the case may be, in charge of such water-supply (hereinafter in 2 [this Chapter] referred to as the Officer) may publish in the cantonment in such manner as he thinks fit a notice declaring that any lake, stream, spring, well, tank, reservoir or other source, whether within or without the limits of the cantonment (other than a source of public water-supply under the control of the 3 [Board]) is a source of public water-supply and may, for the purpose of keeping any such source in good order or of protecting it from contamination or from use, require the 3 [Board] to exercise any power conferred upon 4 [it] by section 219.
(2) In the case of any water-supply
In any case in which the provisions of section 233 apply 1 [and in which the Board is not receiving a bulk supply of water under section ,] the water-tax, if any, imposed in the cantonment and all other charges arising out of the supply of water which may be imposed under the provisions of this Chapter as applied by section 233 shall be recovered by the 2 [Board], and all monies so recovered, or such proportion thereof as the 3 [Central Government] may in each case determine, shall be paid by the 2 [Board] to the Officer.
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1. Inserted by Act 24 of 1936, section 58.
2. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority".
3. Substituted by the A.O. 1937, for "L.G.".
(1) Where in any cantonment there is a water-supply such as is referred to in sub-section (1) of section 233, the Board may 2 [and so long as the Board is unable to provide a water-supply of its own, it shall] receive from the Military Engineer Services or the Public Works Department, as the case may be, at such point or points as may be agreed upon between the Board and the Officer, a supply of water adequate to the requirements for domestic use of all persons in the cantonment other than entitled consumers.
(2) Any supply of water received under sub-section (1) shall be a bulk supply, and the Board shall make such payments to the Officer for all water so received as may be agreed upon between the Board and the Officer, or, in default of such agreement, as may be determined by the Central Government to be reasonable having regard to the actual cost of supplying the water in the ca
Where under the provisions of sub-section (1) of section 234A a bulk supply of water is received by the Board, the Board shall be solely responsible for the supply of water to all persons in the cantonment other than entitled consumers; and the provisions of this Act shall apply as if such bulk supply were a source of public water-supply under the control of the Board and as if the communications from and connections with such bulk supply for the purpose of supplying water to such persons were a system of water-supply established and maintained by the Board.]
The1[Officer Commanding the station]2[or the Board] may, on receiving information that any building in the cantonment is used as a brothel or for purposes of prostitution, by order in writing setting forth the substance of the information received, summon the owner, lessee, tenant or occupier of the building to appear before him2[or the Board, as the case may be] either in person or by an authorised agent, and, if the3[Officer Commanding the station]2[or the Board] is then satisfied as to the truth of the information,4[the Officer Commanding the station or, as the case may be, the Board may], by order in writing, direct the owner, lessee, tenant or occupier, as the case may be, to discontinue such use of the building with such period as may be specified in the order.
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1. Substituted by Act 7 of 1925, section 10,
(1) Whoever in a cantonment loiters for the purpose of prostitution or importunes any person to the commission of sexual immorality, shall be punishable with imprisonment which may extend to one month, or with fine which may extend to1[five hundred rupees].
(2) No prosecution for an offence under this section shall be instituted except on the complaint of the person importuned, or of a military officer in whose presence the offence was committed, or of a member of the Military2[, Naval] or Air Force Police, being employed in the cantonment and authorised in this behalf by the3[Officer Commanding the station], in whose presence the offence was committed, or of a police officer not below the rank of a sub-inspector4[or a sergeant] who is employed in the cantonment and authorised in this behalf by the3[Officer Commanding the station]4[with the concurrence of the District Magistrate].<
If the1[Officer Commanding the station]2[or the Board] is, after such inquiry3[as he or it thinks necessary], satisfied that any person residing in or frequenting the cantonment is a prostitute or has been convicted of an offence under section 236, or of the abetment of such an offence,4[he or, as the case may be, the Board may] cause to be served on such person an order in writing requiring such person to remove from the cantonment within such time as may be specified in the order, and prohibiting such person from re-entering it without the permission in writing of the5[Officer Commanding the station]2[or the Board].
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1. Substituted by Act 7 of 1925, section 10, for "commanding Officer of the cantonment".
2. Inserted by Act 2 of 1954, section 21.
&
(1) A1[Judicial Magistrate of first class] having jurisdiction in a cantonment, on receiving information that any person residing in or frequenting the cantonment --
(a) is a disorderly person who has been convicted more than once of gaming or who keeps or frequents a common gaming
house, a disorderly drinking shop or a disorderly house of any other description, or
(b) has been convicted more than once, either within the cantonment or elsewhere, of an offence punishable under Chapter
XVII of the Indian Penal Code (45 of I860), or
2[***]
(d) has been ordered under Chapter VIII of the3[Code of Criminal Procedure, 1973 (2 of 1974)], either within the cantonment
(1)If any person in a cantonment causes or attempts to cause or does any act whichhe knows is likely to cause disloyalty, disaffection or breaches of disciplineamongst any portion of the 1 [Forces] or is a person who the 2 [OfficerCommanding the station] has reason to believe, is likely to do any such act, the2 [Officer Commanding the station] may make an order in writingsetting forth the reasons for the making of the same and requiring such personto remove from the cantonment within such time as may be specified in the orderand prohibiting him from re-entering it without thepermission in writing of the 2 [Officer Commanding the station]:
Provided that no ordershall be made under this section against any person unless he has had areasonable opportunity of being informed of the grounds on which it is proposedto make the order and of showing cause why the order should not be made.
Whoever--
(a) fails to comply with an order issued under this Chapter within the period specified therein, or, whilst an order prohibiting
him from re-entering a cantonment without permission is in force, re-enters the cantonment without such permission, or
(b) knowing that any person has, under this Chapter, been required to remove from the cantonment and has not obtained the requisite permission to re-enter it, harbours or conceals such person in the cantonment,
shall be punishable with fine which may extend to1[five hundred rupees], and, in the case of a continuing offence, with an additional fine which may extend to2[fifty rupees] for every day after the first during which he has persisted in the offence.
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It shall be lawful for the President or the Vice-President of a Board, or the Executive Officer, or the Health Officer or Assistant Health Officer, or any person specially1[authorised by the Executive Officer, or the Health Officer] or the Assistant Health Officer, or for any other person authorised by general or special order of a2[Board] in this behalf, to enter into or upon any building or land with or without assistants or workmen in order to make any inquiry, inspection, measurement, valuation or survey, or to execute any work, which is authorised by or under this Act or which it is necessary to make or execute for any of the purposes or in pursuance of any of the provisions of this Act or of any rule, bye-law or order made thereunder:
Provided that nothing in this section shall be deemed to confer upon any person any power such as is referred to in section 207 or section 215
With the previous sanction of the President, any member of a Board may inspect any work or institution constructed or maintained, in whole or part, at the expense of the Board, and any register, book accounts or other documents belonging to, or in the possession of, the Board.
(1) A1[Board]2[or the Executive Officer] may, by general or special order, authorise any person--
(a) to inspect any drain, privy, latrine, urinal, cesspool, pipe, sewer or channel in or on any building or land in the
cantonment, and, in his discretion, to cause, the ground to be opened for the purpose of preventing or removing any
nuisance arising from the drain, privy, latrine, urinal, cesspool, pipe, sewer or channel, as the case may be;
(b) to examine works under construction in the cantonment, to take levels or to remove, test, examine, replace or read any
meter.
(2) If, on such inspection, the opening of the ground is found to be necessary for the prevent
(1) The Executive Officer of a cantonment may, with or without assistants or workmen, enter on any land within fifty yards of any work authorised by or under this Act for the purpose of depositing thereon any soil, gravel, stone or other materials, or of obtaining access to such work, or for any other purpose connected with the carrying on of the same.
(2) The Executive Officer shall, before entering on any land under sub-section (1), give the occupier, or, if there is no occupier, the owner not less than three days' previous notice in writing of his intention to make such entry, and shall state the purpose thereof, and shall, if so required by the occupier or owner, fence off so much of the land as may be required for such purpose.
(3) The Executive Officer shall, in exercising any power conferred by this section, do as little damage as
It shall be lawful for any person, authorised by or under this Act to make any entry into any place, to open or cause to be opened any door, gate or other barrier--
(a) if he considers the opening thereof necessary for the purpose of such entry; and
(b) if the owner or occupier is absent, or being present refuses to open such door, gate or barrier.
Save as otherwise expressly provided in this Act, no entry authorised by or under this Act shall be made except between the hours of sunrise and sunset.
Save as otherwise expressly provided in this Act, no building or land shall be entered without the consent of the occupier, or if there is no occupier, of the owner thereof, and no such entry shall be made without giving the said occupier or owner, as the case may be, not less than four hours' written notice of the intention to make such entry :
1[Provided that no such notice shall be necessary if the place to be inspected is a factory or workshop or trade premises or a place used for carrying on any trade, calling or occupation specified in section 210 or a stable for horses or a shed for cattle or a latrine, privy or urinal or a work under construction, or for the purpose of ascertaining whether any animal intended for human food is slaughtered in that place in contravention of this Act or any bye-law made thereunder.]
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When any place used as a human dwelling is entered under this Act, due regard shall be paid to the social and religious customs and usages of the occupants of the place entered, and no apartment in the actual occupancy of a female shall be entered or broken open until she has been informed that she is at liberty to withdraw and every reasonable facility has been afforded to her for withdrawing.
Whoever obstructs or molests any person1[acting on behalf of the Board], who is not a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860) or any person with whom the2[Board] has lawfully contracted, in the execution of his duty or of anything which he is empowered or required to do by virtue or in consequence of any of the provisions of this Act or any rule, bye-law or order made thereunder, or in fulfilment of his contract, as the case may be, shall be punishable with fine which may extend to3[five hundred rupees].
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1. Substituted by Act 15 of 1983, section 141, for "employed by a Board" (w/e/f/ 1-10-1983).
2. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority"
3. Substitut
Any member of the police force employed in a cantonment may, without a warrant, arrest any person committing in his view a breach of any of the provisions of this Act which are specified in Schedule IV :
Provided that--
(a) in the case of a breach of any such provisions as is specified in Pan B of Schedule IV no person shall be so arrested who
consents to give his name and address, unless there is reasonable ground for doubting the accuracy of the name or
address so given, the burden of proof of which shall lie on the arresting officer, and no person so arrested shall be
detained after his name and address have been ascertained; and
(b) no person shall be so ar
It shall be the duty of all police officers to give immediate information to the1[Board] of the2[commission of, or attempt to commit, any offence] against the provisions of this Act or of any rule or bye-law made thereunder, and to assist all cantonment officers and servants in the exercise of their lawful authority.
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1. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority".
2. Substituted by Act 15 of 1983, section 143, for "Commission of any offence" (w.e.f. 1-10-1983).
Where any notice, order or requisition made under this Act or any rule or bye-law made thereunder requires anything to be done for the doing of which no time is fixed in this Act or in the rule or bye-law, the notice, order or requisition shall specify a reasonable time for doing the same.
1[(1)] Every notice, order or requisition issued by a2[Board] under this Act or any rule or bye-law made thereunder shall be signed--
(a)3[* * *] either by the President of the Board or by the Executive Officer, or,4[* * *]
(b) by the members of any committee especially authorised by the2[Board] in this behalf.
5[(2) Whenever under this Act or any rule or bye-law made thereunder the doing of, or the omission to do, anything or the validity of anything depends upon the approval, sanction, consent, concurrence, declaration, opinion or satisfaction of the Board, a written document signed by any officer or member specified in sub-section (1) purporting to convey or set forth such approval, sanction, consent, concurrence, declaration, opinion or satisfaction, shall be sufficient evidence thereof.
(1) Every notice, order or requisition issued under this Act or any rule or bye-law made thereunder shall, save as otherwise expressly provided, be served or presented--
(a) by giving or tendering the notice, order or requisition, or sending it by post, to the person for whom it is intended; or
(b) if such person cannot be found, by affixing the notice, order or requisition on some conspicuous part of his last known
place of abode or business, if within the cantonment, or by giving or tendering the notice, order or requisition to some
adult male member or servant of his family, or by causing it to be affixed on some conspicuous part of the building or
land, if any, to which it relates.
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Every notice which, by or under this Act, is to be given or served as a public notice which is not required to be given to any individual therein specified shall, save as otherwise expressly provided be deemed to have been sufficiently given or served if a copy thereof is affixed in such conspicuous part of the office of the1[Board], or in such other public place, during such period, or is published in such local newspaper or in such other manner, as the1[Board] may direct.
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1. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority".
In the event of non-compliance with the terms of any notice, order or requisition issued to any person under this Act, or any rule or bye-law made thereunder, requiring such person to execute any work or to any act, it shall be lawful for the1[Board]2[or the civil area committee or the Executive Officer at whose instance the notice, order or requisition has been issued], whether or not the person in default is liable to punishment for such default or has been prosecuted or sentenced to any punishment therefor, after giving notice in writing to such person, to take such action or such steps as may be necessary for the completion of the act or work required to be done or executed by him, and all the expenses incurred on such account shall be3[recoverable by the Executive Officer on demand, and if not paid within ten days after such demand, shall be recoverable in the same manner as moneys recoverable by the Board under section
If the owner of any property in respect of which a notice as is referred to in section 256 has been given is prevented by the occupier from complying with such notice, the Board or the civil area committee or the Executive Officer at whose instance such notice has been given, may, by order, require the said occupier to permit the owner within eight days from the date of service of such notice to take all such action as may be necessary to comply with the said notice and such owner shall, for the period during which he is prevented as aforesaid, be exempt from any fine or penalty to which he might otherwise have become liable by reason of non-compliance with such notice.]
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1. Inserted by Act 15 of 1983, section 146 (w.e.f. 1-10-1983).
(1) If any such notice as is referred to in section 256 has been given to any person in respect of property of which he is the owner, the1[Board]2[or the civil area committee or the Executive Officer at whose instance such notice has been issued] may require any occupier of such property or of any part thereof to3[pay to it or him], instead of to the owner, any rent payable by him in respect of such property, as it falls due, upto the amount recoverable from the owner under section 256 :
4[Provided that, if the occupier, on application made to him by the Board or the civil area committee or the Executive Officer at whose instance such notice has been issued, refuses truly to disclose the amount of his rent or the name or address of the person to whom it is payable, the Executive Officer may recover from the occupier the whole amount recoverable under section 256 in the same manner
(1) Where any person, by reason of his receiving the rent of immovable property as an agent or trustee, or of his being as an agent or trustee the person who would receive the rent if the property were let to a tenant, would under this Act be bound to discharge any obligation imposed on the owner of the property for the discharge of which money is required, he shall not be bound to discharge the obligation unless he has, or but for his own improper act or default might have had, funds in his hands belonging to the owner sufficient for the purpose.
(2)The burden of proving any fact entitling an agent or trustee to relief under sub-section (1) shall lie upon him.
(3) Where any agent or trustee has claimed and established his right to relief under this section, the1[Board] may, by notice in writing, require him, to apply to the discharge of
(1) Notwithstanding anything elsewhere contained in this Act,2[arrears of any tax,3[and any other money recoverable, including rent on land and buildings due under leases or licences executed by or in favour of a Board or the Defence Estates Officer,] under this Act or the rules made thereunder] may be recovered together with the cost of recovery either by suit or, on application to a4[Judicial Magistrate] having jurisdiction in the cantonment or in any place where the person from whom such5[tax, rent or money] is recoverable may for the time being be residing,6[either by the distress and sale of movable property of such person, or by the attachment and sale of immovable property of that person, which is within the limits of the jurisdiction of such Judicial Magistrate, or by both these methods], and shall, if payable by the owner of any property as such, be a charge on the property until paid :
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In the event of any disagreement as to the liability of a1[Board] to pay compensation under this Act, or as to the amount of any compensation so payable, the person claiming such compensation may apply to the1[Board] shall for the reference of the matter to a Committee of Arbitration, and the1[Board] shall forthwith proceed to convene a Committee of Arbitration to determine the matter in dispute.
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1. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority".
(1) When a Committee of Arbitration is to be convened, the1[Board] shall cause a public notice to be published stating the matter to be determined, and shall forthwith send copies of the order to the District Magistrate, and to the other party concerned, and shall, as soon as may be, nominate such members of the Committee, as it is entitled to nominate under section 262, and, by notice in writing, call upon the other persons who are entitled to nominate a member or members of the Committee to nominate such member or members in accordance with the provisions of that section.
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1. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority".
(1) Every Committee of Arbitration shall consist of five members, namely :--
(a) a Chairman who shall be a person not in the service of the Government or the1[Board], and who shall be nominated by
the2[Officer Commanding the station];
(b) two persons nominated by the1[Board], and
(c) two persons nominated by the other party concerned,3[***]
(2) If the1[Board] or the other party concerned or the2[Officer Commanding the station] fails within seven days of the date of issue of the notice referred to in section 261 to make any nomination which it or he is entitled to make or if any member who has been so nominated neglects or refuses to act and the1[Board] or other person by whom such member was nominated fai
(1) No person who has a direct interest in the matter under reference, or whose services are not immediately available for the purposes of the Committee, shall be nominated a member of a Committee of Arbitration.
(2) If, in the opinion of the District Magistrate, any person who has been nominated has a direct interest in the matter under reference, or is otherwise disqualified for nomination, or if the services of any such person are not immediately available as aforesaid, and if the1[Board] or other person by whom any such person was nominated fails to nominate another member within seven days from the date on which it or he may be called upon to do so by the District Magistrate, such failure shall be deemed to constitute a failure to make a nomination within the meaning of section 262.
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(1) When a Committee of Arbitration has been duly constituted, the1[Board] shall, by notice in writing, inform each of the members of the fact, and the Committee shall meet as soon as may be thereafter.
(2) The Chairman of the Committee shall fix the time and place of meetings, and shall have power to adjourn any meeting from time to time as may be necessary.
(3) The Committee shall receive and record evidence, and shall have power to administer oaths to witnesses, and, on requisition in writing signed by the Chairman of the Committee, the District Magistrate shall issue the necessary processes for the attendance of witnesses and the production of documents required by the Committee, and may enforce the said processes as if they were processes for attendance or production before himself.
_____
(1) The decision of every Committee of Arbitration shall be in accordance with the majority of votes taken at a meeting at which the Chairman and at least three of the other members are present.
(2) If there is not a majority of votes in favour of any proposed decision, the opinion of the Chairman shall prevail.
(3) The decision of a Committee of Arbitration shall be final and shall not be questioned in any court.
1[(1)] Save as otherwise expressly provided in this Act, no court shall proceed to the trial of any offence made punishable by or under this Act, other than an offence specified in Schedule IV, except on the complaint of, or upon information received from, the2[Board] concerned or a person authorised by the2[Board] by a general or special order in this behalf.
3[***]
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1. Section 266 re-numbered as sub-section (1) of that section by Act 24 of 1936, section 63.
2. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority".
3. Omitted by the Act 15 of 1983, section 149 (w.e.f. 1-10-1983).
(1) A1[Board], or any person authorised by it, by general or special order in this behalf, may, either before or after the institution of the proceedings, compound any offence made punishable by or under this Act other than an offence under Chapter XIV :
Provided that no offence shall be compoundable which is committed by failure to comply with a notice, order or requisition issued by or on behalf of the1[Board], unless and until the same has been complied with in so far as compliance is possible.
(2) Where an offence has been compounded, the offender, if in custody, shall be discharged and no further proceedings, shall be taken against him in respect of the offence so compounded.
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1. Substituted by Act 24 of 1936, section 69
Whoever, in any case in which a penalty is not expressly provided by this Act, fails to comply with any notice, order or requisition issued under any provision thereof, or otherwise contravenes any of the provisions of this Act, shall be punishable with fine which may extend to1[five hundred rupees], and, in the case of a continuing failure or contravention, with an additional fine which may extend to2[fifty rupees] for every day after the first during which he has persisted in the failure or contravention.
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1. Substituted by Act 15 of 1983, section 150, for "two hundred rupees" (w.e.f. 1-10-1983).
2. Substituted by Act 15 of 1983, section 150, for "twenty rupees" (w.e.f. 1-10-1983).
(1) Where an offence under this Act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly :
Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (I) where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable
Where any person to whom a licence or written permissions has been granted under this Act or any agent or servant of such person commits a breach of any of the conditions thereof, or of any bye-law made under this Act for the purpose of regulating the manner or circumstances in, or the conditions subject to, which anything permitted by such licence or written permission is to be or may be done, or where the Board or the civil area committee, as the case may be, is satisfied that such licence or written permission has been secured by the holder through misrepresentation or fraud, the Board or the civil area committee, as the case may be, may, without prejudice to any other penalty which may have been incurred under this Act, by order in writing, cancel the licence or written permission or suspend it for such period as it thinks fit:
Provided that no such order shall be made unless a
Where any person has incurred a penalty by reason of having caused any damage to the property of a1[Board], he shall be liable to make good such damage, and the amount payable in respect of the damage shall, in case of dispute, be determined2[by the Judicial Magistrate] by whom the person incurring such penalty is convicted, and, on non-payment of such amount on demand, the same shall be recovered3[either by the distress and sale of the movable property of such person, or by the attachment and sale of the immovable property of that person, or by both these methods and the Judicial Magistrate shall recover the amount in accordance with the provisions of sections421 and 422 of the Code of Criminal Procedure, 1973 (2 of 1974) as if it were a fine recoverable under a sentence passed by him].
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1. Substituted by Act 24
No court shall try any person for an offence made punishable by or under this Act, after the expiry of six months from the date of the commission of the offence, unless complaint in respect of the offence has been made to a1[Judicial Magistrate] within the six months aforesaid.
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1. Substituted by Act 15 of 1983, section 154, for "Magistrate" (w.e.f. 1-10-1983)
No suit or prosecution shall be entertained in any court against any1[Board]
2[* * *] or against any3[Officer Commanding a station], or against any member of a Board, or against any officer or servant of a1[Board], for anything in good faith done, or intended to be done, under this Act or any rule or bye-law made thereunder.
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1. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority".
2. The words "or authority appointed under sub-section (2) of section 10" rep. by Act 24 of 1936, section 64.
3. Substituted by Act 7 of 1925, section 11, for "Commanding Officer of a cantonment".
(1) No suit shall be instituted against any1[Board] or against any member of a Board, or against any officer or servant of a1[Board], in respect of any act done, or purporting to have been done, in pursuance of this Act or of any rule or bye-law made thereunder, until the expiration of two months after notice in writing has been left at the office of the1[Board], and, in the case of such member, officer or servant, unless notice in writing has also been delivered to him or left at his office or place of abode, and unless such notice states explicitly the case of action, the nature of the relief sought, the amount of compensation claimed, and the name and place of abode of the intending plaintiff, and unless the plaint contains a statement that such notice has been so delivered or left.
(2) If the1[Board], member, officer or servant has, before the suit is instituted, tendered suffi
(1) Any person aggrieved by any order described in the1[third column] of Schedule V may appeal to the authority specified in that behalf in the1[fourth column] of the said Schedule.
(2) No such appeal shall be admitted if it is made after the expiry of the period specified in that behalf in the2[fifth column] of the said Schedule.
(3) The period specified as aforesaid shall be computed in accordance with the provisions of the3[Limitation Act, 1963 (36 of 1963)], with respect to the computation of periods of limitation thereunder.
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1. Substituted by Act 1`5 of 1983, section 155, for "second Column" and "Third Column" (w.e.f. 1-10-1983).
2. Substituted by Act 15 of 1983, section 155,
(1) Every appeal under section 274 shall be made by petition in writing accompanied by a copy of the order appealed against.
(2) Any such petition may be presented to the authority which made the order against which the appeal is made, and that authority shall be bound to forward it to the appellate authority, and may attach thereto any report which it may desire to make by way of explanation.
On the admission of an appeal from an order, other than an order contained in a notice issued under section 140, section 176, section 181, section 206 or section 238, where the appellate authority so directs, all proceedings to enforce the order and all prosecutions for any contravention thereof shall be held in abeyance pending the decision of the appeal, and, if the order is set aside on appeal, disobedience thereto shall not be deemed to be an offence.]
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1. Substituted by Act 15 of 1983, section 156, for section 276 (w.e.f. 1-10-1983).
1[(1)] Where an appeal from an order made by the2[Board] has been disposed of by the District Magistrate,3[either party to the proceedings] may, wilhin thirty days from the date thereof, apply, through the4[Officer Commanding-in-Chief, the Command], to the5[Central Government], or to such authority as the60[Central Government] may appoint in this behalf, for a revision of the decision.
1[(2)] The provisions of this Chapter with respect to appeals shall apply, as far as may be, to applications for revision made under this section.
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1. The original sub-section (1) omitted and sub-sections (2) and (3) re-numbered as sub-sections (1) and (2) by Act 35 of 1926, section 9.
2. Substituted by Act 24 of 1936, section 69, for "cantonme
Save as otherwise provided in section 277, every order of an appellate authority shall be final.
No appeal shall be decided under this Chapter unless the appellant has been heard, or has had a reasonable opportunity of being heard in person or through a legal practitioner.
(1) The Central Government may, after previous publication, make rules1to carry out the purposes and objects of this Act.
(2) In particulars, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :--
(a) the manner in which, and the authority to which, application for permission to occupy land belonging to the Government in a cantonment is to be made;
(b) authority by which such permission may be granted and the conditions to be annexed to the grant of any such permission;
2[(bb) the allotment to a3[Board] of a share of the rents and profits accruing from property entrusted to its management under the provisions of section 116A;]
&
(1) A rule under section 280 may be made either generally for all cantonments or for the whole or any part of any one or more cantonments.
1[(1 A) The power to make rules under clause (c) of sub-section (2) of section 280 shall include power to give retrospective effect from a date not earlier than the date of commencement of the Cantonments (Amendment) Act, 1983, to the rules or any of them but no retrospective effect shall be given to any rule so as to prejudicially affect the interests of any person to whom such rule may be applicable:
Provided that where any rule has to be given retrospective operation, the reasons there for and the effect of giving such retrospective operation shall be published along with the draft of the rules when such draft is published for eliciting public opinion under subsection (1) of section 280.]
Subject to the provisions of this Act and of the rules made thereunder a 1 [Board] may, in addition to any bye-laws which it is empowered to make by any other provision of this Act, make bye-laws to provide for all or any of the following matters in the cantonment namely :--
(1) the registration of births, deaths and marriages, and the taking of a census;
2 [(2)the enforcement of compulsory vaccination and inoculation and levy of fees where such vaccination or inoculation is carried out at the houses of residents;]
(3) the regulation of the collection and recovery of taxes, tolls and fees under this Act and the refund of taxes;
3 [(4) the regulation of any description of traffic in the streets and the enforcement of measures for the reduction of n
1[(1)] Any bye-law made by a2[Board] under this Act may provide that a contravention thereof shall be punishable--
(a) with fine which may extend to3[five hundred rupees]; or
(b) with fine which may extend to five hundred rupees] and, in the case of a continuing contravention, with an additional fine which may extend to4[fifty rupees] for every day during which such contravention continues after conviction for the first such contravention; or
(c) with fine which may extend to5[fifteen rupees] for every day during which the contravention continues after the receipt of a notice from the2[Board] by the person contravening the bye-law requiring such person to discontinue such contravention.
6[(2) Any such bye-law may also provide that a person contraven
(1) Any power to make bye-laws conferred by this Act is conferred subject to the condition of the bye-laws being made after previous publication and of their not taking effect until they have been approved and confirmed by the1[Central Government] and published in the Official Gazette.
(2) The1[Central Government] in confirming a bye-law may make any change therein which appears to it to be necessary.
(3) The1[Central Government] may, after previous publication of its intention, cancel any bye-law which it has confirmed, and thereupon the bye-law shall cease to have effect.
2[(4) Every bye-law under this Act and every order made under sub-section (3) shall be laid as soon as may be after it is made, before each House of Parliament while it is in session, for a total period of thirty days which
(1) A copy of all rules and bye-laws made under this Act shall be kept at the office of the1[Board] and shall, during office hours, be open free of charge to inspection by any inhabitant of the cantonment.
(2) Copies of all such rules and bye-laws shall be kept at the office of the1[Board]2[and shall be sold to the public at cost price singly, or in collection at the option of the purchaser].
________________________
1. Substituted by Act 14 of 1936, section 69, for "Cantonment Authority".
2. Substituted by act 24 of 1936, section 67, for "for sale to the public".
The1[Central Government) may, by notification in the Official Gazette, and subject to any conditions as to compensation or otherwise which it thinks fit to impose, extend to any area beyond a cantonment and in the vicinity thereof, with or without restriction or modification, any of the provisions of Chapters IX, X, XI, XII, XIII, XIV and XV or of any rule or bye-law made under this Act for the cantonment which relates to the subject-matter of any of those Chapters, and every enactment, rule or bye-law so extended shall thereupon apply to that area as if the area were included in the cantonment.
_____________________________
1. Substituted By The A.O. 1937, for "L.G.".
(1) The Board may, by a resolution passed in this behalf, delegate to the President, Vice-president, Executive Officer or Health Officer, subject to such conditions, if any, as may be specified in the resolution, all or any of its functions under clause (b) of sub-section (5) of section 119, section 161, section 163, section 168, section 169, section 196 and section 197.
(2) The civil area committee may, by passing a similar resolution, delegate subject to such conditions, if any, as may be specified in such resolution, all or any of its functions under section 189 and section 195 to the Vice-President, Executive Officer or Health Officer.]
_____________________________
1. Substituted by Act 15 of 1983, section 162, for Section 286A (w.e.f. 1-10-1983).
(1) Paragraphs 2 and 3 of section 54, and section 59, 107 and 123 of the Transfer of Property Act, 1 882 (4 of 1882), with respect to the transfer of property by registered instrument, shall, on and from the commencement of this Act, extend to every cantonment.
1[(2) The Registrar or Sub-Registrar of the district or sub-district formed for the purposes of the2[Registration Act], 1 908 (16 of 1908), in which any cantonment is situated, shall,3[when any document relating to immovable property within the cantonment is registered, send information of the registration] forthwith4[to the Executive Officer and the Defence Estates Officer and] such other authority as the Central Government may prescribe in this behalf.]
_____________________________
1. Substituted by Act 35 of 1926, section 11, for
No notice, order, requisition, licence, permission in writing or other such document issued under this Act shall be invalid merely, by reason of any defect of form.
A copy of any receipt, application, plan, notice, order or other document or of any entry in a register, in the possession of a1[Board] shall, if duly certified by the legal keeper thereof or other person authorised2[by the Executive Officer] in this behalf, be admissible in evidence of the existence of the document or entry, and shall be admitted as evidence of the matters and transactions therein recorded in every case where, and to the same extent to which, the original document or entry would, if produced, have been admissible to prove such matters.
_____________________________
1. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority".
2. Substituted by Act 15 of 1983, section 164, for "by the Board" (w.e.f. 1-10-1983).
No officer or servant of a1[Board] shall, in any legal proceeding to which the1[Board] is not a party, be required to produce any register or document the contents of which can be proved under section 289 by a certified copy, or to appear as a witness to prove any matter or transaction recorded therein save by order of the court made for special cause.
_____________________________
1. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority".
For the purposes of the Government Buildings Act, 1899, cantonments and1[Boards] shall be deemed to be municipalities and municipal authorities respectively2[and the references to the State Government in section 4 of that Act shall be construed as references to Central Government].
_____________________________
1. Substituted by Act 24 of 1936, section 69, for "Cantonment Authorities".
2. Inserted by Act 15 of 1983, section 165 (w.e.f. 1-10-1983).
[Rep. by the Repealing Act, 1927 (12 of 1927), section 2 and Sch.]
SCHEDULE I
NOTICE OF DEMAND
(See section 91)
To
residing at
Take notice that the1[Board] demands from........................the sum of........................due from........................on account of........................here describe the property, occupation, circumstance or thing in respect of which the sum is payable) leviable under ....................................for the period of....................................commencing on the........................ day of........................ 19........................ and ending on the........................ day of ........................19........................ and that if, within thirty days from the service of this notice, the said sum
SCHEDULE II
FORM OF WARRANT
(See section 92)
(Here insert the name of the officer charged with the execution of the warrant)
Whereas A. B. of...........................has not paid, and has not shown satisfactory cause for the non-payment of, the sum of........................due on account of........................ ........................ for the period of........................commencing on the day of........................19........................and ending with the........................ day of........................ 19........................ which sum is leviable under........................
And whereas thirty days have elapsed since the service on him of notice of deman d for the same; <
SCHEDULE III
FORM OF INVENTORY OF PROPERTY DISTRAINED AND NOTICE OF SALE
(See section 93)
To
residing at......
Take notice that I have this day seized the property specified in the inventory annexed hereto, for the value of........................due for the liability mentioned in the margin for the period commencing with the........................ day of........................ 19........................ and ending with the ........................ day of........................ 19............, together with Rs........................ due for service of notice of demand, and that, unless within seven days from the date of the service of this notice you pay to the1[Board] the said amount, together with
SCHEDULE IV
CASES IN WHICH POLICE MAY ARREST WITHOUT WARRANT
(See section 250)
Section Subject
1 2
PART A
118(1)(a)(i) Drunkenness, etc.
167 Making or selling of food, etc., or washing of clothes, by infected person.
PART B
118(1)(a)(ii) Using threatening or abusive words, etc.
118(1)(
SCHEDULE V
APPEALSFROM ORDERS
(Seesection 274)
S. No Section Executive Order Appellate Authority Time allowed for appeal
1 2 3 4 5
1 126 Notice to remove, repair, protect, or Officer Commanding-in-Chief, the Thirty days from service of notice.
enclose a building, wall or anything Command, or other authority
affixed thereto, or well, tank, reservoir, authorised in this behalf by the Central
pool, depression or excavation. Government.
2 134 Notice to fil
Schedule VI
Enactments repealed
[Rep. by the Repealing Act, 1927 [12 of 1927), section 2 and Sch.]
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