ACT
No.2 OF 1924 [AS ON 1955]
An Act to consolidate and
amend law relating to the administration of
cantonments.
[16th February, 1924.]
WHEREAS it
is expedient to consolidate and amend the law relating to the
administration of cantonments; It is hereby enacted as
follows:-
CHAPTER I PRELIMINARY
1.Short title, extent and
commencement:- (1) This Act may be called the Cantonments
Act, 1924.
(2) It extends to the whole of India {The
words " except Part B States " were omitted by Act 53 of 1950,
s.4} {The words " including British Baluchistan " were rep.by
the A.O.1948.}
(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 (1st May, 1924; see Gazette of India, 1924,
Pt.I.p.217.) date as it may appoint in this behalf.
2.Definitions.-In
this Act, unless there is anything repugnant in the subject or
context,-
(i) " Assistant Health Officer " means the
medical officer appointed by the { Subs.by Act 35 of 1926,
s.2, for " Officer Commanding the District ".} [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;
{Ins.by
Act 2 of 1954, s.2.} [(iia) "boundary wall" means a wall which
abuts on a street and which does not exceed eight feet in
height ;]
(iii) " brigade area" means one of the
brigade areas, whether occupied by a brigade or not, into
which India is for military purposes for the time being
divided, and includes for all or any of the purposes of this
Act any area which the Central Government may, by notification
in the Official Gazette, declare to be a brigade area for such
purpose or purposes;
{Subs.by Act 24 of 1936, s.2, for
the original clause.} [(iv) " building " means a house,
outhouse, stable, latrine, shed, hut or other roofed structure
whether of masonry, bricks, wood, mud, metal or other
material, and any part thereof, and includes a well and a wall
{Subs.by Act 2 of 1954, s.2, for " (other than a boundary wall
not exceeding eight feet in height and not abutting on a
street)".} [(other than a boundary wall)] but does not include
a tent or other portable and temporary shelter
;]
{Cl.(v) was rep.by Act 24 of 1936, s.2.}
(vi)
" casual election " means an election held to fill a casual
vacancy;
(vii) " casual vacancy " means a vacancy
occurring otherwise than by efflux of time in the office of an
elected member of a Board;
(viii) " Command " means one
of the Commands into which India is for military purposes for
the time being divided, and includes any area which the
Central Government may, by notification in the Official
Gazette, declare to be a Command for all or any of the
purposes of this Act;
{Cl.(ix) was rep.By Act 12 of
1935, s.2 and Sch.I.}
(x) "dairy " includes any farm,
cattle-shed, milk-store, milk shop or other place from which
milk is supplied or in which milk is kept for purposes of sale
or is manufactured for sale into butter, ghee, cheese or
curds, and, in relation to a dairyman who does not occupy any
premises for the sale of milk, includes any place in which he
keeps the vessels used by him for the storage or sale of
milk;
(xi) " dairyman " includes the keeper of a cow,
buffalo, goat, ass or other animal, the milk of which is
offered or is intended to be offered for sale for human
consumption, and any purveyor of milk and any occupier of a
dairy;
{(Ins.by Act 24 of 1936, s.2.} [(xia) ' entitled
consumer " means a person in a cantonment who is paid from the
Defence Services Estimates and is authorised by general or
special order of the Central Government to receive a supply of
water for domestic purposes from the Military Engineer
Services or the Public Works Department on such terms and
conditions as may be specified in the order ]
(xii) "
Executive Engineer " means the Public Works officer of that
grade, or the {Subs.by Act 7 of 1925, s.2, for " Military
Works Officer ".} [Officer of the Military Engineer Services]
of the corresponding grade, having charge of the military
works in a cantonment {Ins.by Act 24 of 1936, s.2.} [or where
more than one such officer has charge of the military works in
a cantonment such one of those officers as the Officer
Commanding the station may designate in this behalf], and
includes the officer of whatever grade in immediate executive
engineering charge of a cantonment;
(xiii) " Executive
Officer " means the person appointed under this Act to be the
Executive Officer of a cantonment;
(xiv) " Health
Officer " means the senior executive medical officer in
military employ on duty in a cantonment;
{Cl.(xv) was
rep.by Act 24 of 1936, s.2}
(xvi) " hut " means any
building, no material portion of which above the plinth level
is constructed of masonry or of squared timber framing or of
iron framing;
(xvii) " infectious or contagious disease
" means cholera, leprosy, enteric fever, small-pox,
tuberculosis, diphtheria, plague, influenza, venereal disease,
and any other epidemic, endemic or infectious disease which
the {Subs.by the A.O.1937, for " L.G."} [Central Government]
may, by notification in the Official Gazette, declare to be,
an infectious or contagious disease for the purposes of this
Act;
(xviii) " inhabitant ", in relation to a
cantonment, or local area, means any person ordinarily
residing or carrying on business or owning or occupying
immovable property therein, and in case of a dispute means any
person declared by the District Magistrate to be an
inhabitant;
(xix) " intoxicating drug " means opium;
ganja, bhang, charas and any preparation or admixture thereof,
and includes any other intoxicating substance, or liquid which
the {Subs.by the A.O.1937, for " L.G."} [Central Government]
{The words " with the previous sanction of the G.G.in C." were
rep.by Act 7 of 1925, s.2} may by notification in the Official
Gazette, declare to be an intoxicating drug for the purposes
of this Act;
(xx) " market " includes any place where
persons assemble for the purpose of selling meat, fish, fruit,
vegetable, livestock or any other article of
food;
{Ins.by Act 24 of 1936, s.2.}[(xxa) "Military
Estates Officer" means the officer appointed by the Central
Government to perform the duties of the Military Estates
Officer under rules made under clauses (a) and (b) of
sub-section (2) of section 280 ;]
(xxi) " Military
officer " means-
(a) a person who, being an officer
within the meaning of {The words " the Army Act or " were
omitted by the A.O.1950.} the {See now the Army Act, 1950 (46
of 1950}.Indian Army Act, 1911, {The words " or the Air Force
Act, " were omitted by the A.O.1950.} {Ins.by Act 24 of 1936,
s.2.} [or 8 the Indian Air Force Act, 1932, {See now the Air
Force Act, 1950 (45 of 1950).}] is commissioned and in pay as
an officer doing military or air force duty with {The words "
His Majesty's " were omitted by the A.O.1950.} military or air
forces, or is an officer doing such duty in any arm, branch or
part of those forces; or
(b) a person doing military or
air force duty as a warrant officer with either or those
forces or with any arm, branch, or part thereof, whether he is
or is not an officer within the meaning of {The words " the
Army Act or " were omitted by the A.O.1950.} the {See now the
Army Act, 1950 (46 of 1950} Indian Army Act, l911, {The words
" or the Air Force Act, " were omitted by the A.O.1950.}
{Ins.by Act 24 of 1936, s.2.} [or the Indian Air Force Act,
1932 {See now the Air Force Act, 1950 (45 of 1950).}
;]
(xxii) " nuisance " includes any act, omission,
place or thing which causes or is likely to cause injury,
danger, annoyance or offence to the sense of sight, smell or
hearing, or which is or may be dangerous to life or injurious
to health or property;
(xxiii) " occupier " includes an
owner in occupation of, or otherwise using his own land or
building;
(xxiv) " Officer Commanding the District "
means the Officer Commanding any one of the districts into
which India is for military purposes for the time being
divided, or any brigade area which does not form part of any
such district, or any area which the Central Government may,
by notification in the Official Gazette, declare to be such a
district for all or any of the purposes of this
Act;
{Ins.by Act 12 of 1935, s.2 and Sch.I.}(xxiva) "
Officer Commanding the station " means the military officer
for the time being in command of the forces in a cantonment,
or, if that officer is the Officer Commanding the District or
Officer Commanding-in-Chief, the Command, the military officer
who would be in command of those forces in the absence of the
Officer Commanding the District and Officer
Commanding-in-Chief, the Command ;]
(xxv) " ordinary
election " means an election held to fill a vacancy in the
office of: an elected member of a Board arising by efflux of
time;
(xxvi) " owner" includes any person who is
receiving or is entitled to receive the rent of any building
or land whether on his own account or on behalf of himself and
others or an agent or trustee, or who would so receive the
rent or be entitled to receive it if the building or land were
let to a tenant;
(xxvii) " party wall " means a wall
forming part of a building and used or constructed to be used
for the support or separation of adjoining buildings belonging
to different owners, or constructed or adapted to be occupied
by different persons;
(xxviii) "private market " means
a market which is not maintained by a {Subs.by Act 24 of 1936,
s.69, for " Cantonment Authority ".} [Board] and which is
licensed by a {Subs.by Act 24 of 1936, s.69, for " Cantonment
Authority ".} [Board] under the provisions of this
Act;
(xxix) " private slaughter-house " means a
slaughter-house which is not maintained by a {Subs.by Act 24
of 1936, s.69, for " Cantonment Authority".} [Board] and which
is licensed by a {Subs.by Act 24 of 1936, s.69, for "
Cantonment Authority ".} [Board] under the provisions of this
Act;
(xxx) " public market" means a market maintained
by a {Subs.by Act 24 of 1936, s.69, for " Cantonment Authority
".} [Board];
(xxxi) " public place " means any place
which is open to the use and enjoyment of the public, whether
it is actually used or enjoyed by the public or
not;
(xxxii) " public slaughter-house "means a
slaughter-house maintained by a {Subs.by Act 24 of 1936, s.69,
for " Cantonment Authority ".} [Board];
{Ins.by s.2,
ibid} [(xxxiia) a person is deemed to reside in a cantonment
if he maintains therein a house or a portion of a house which
is at all times available for occupation by himself or his
family even though he may himself reside elsewhere, provided
that he has not abandoned all intention of again occupying
such house either by himself or his family;]
(xxxiii) "
shed " means a slight or temporary structure for shade or
shelter;
(xxxiv) "slaughter-house" means any place
ordinarily used for the slaughter of animals for the purpose
of selling the flesh thereof for human
consumption;
(xxxv) " soldier " means a person who is a
soldier or airman within the meaning of the Army Act or the
Air Force Act, or is subject to the Indian Army Act, l911{See
now the Army Act, 1950 (46 of 1950).} , and who is not a
military officer;
(xxxvi) "spirituous liquor" means any
fermented liquor, any wine, or any alcoholic liquid obtained
by distillation or the sap of any kind of palm tree, and
includes any other liquid containing alcohol which the
{Subs.by the A.O.1937, for " L.G." } [Central Government] {The
words " with the previous sanction of the G.G.in C." were
rep.by Act 7 of 1925, s.2.} may by notification in the
Official Gazette, declare to be a spirituous liquor for the
purposes of this Act;
(xxxvii) " street " includes any
way, road, lane, square, court, alley {Subs.by Act 24 of 1936,
s.2, for " passage or open space ".} [or passage] in a
cantonment, whether a thoroughfare or not and whether built
upon or not, over which the public have a right-of-way and
also the road-way or footway over any bridge or
causeway;
(xxxviii) " vehicle " means a wheeled
conveyance of any description which is capable of being used
on a street, and includes a motor-car, motor lorry, motor
omnibus, cart, locomotive, tram-car, hand-cart, truck,
motor-cycle, bicycle, tricycle and rickshaw; {The word " and "
was rep.by s.2, ibid.}
(xxxix) " water-works " includes
all lakes, tanks, streams, cisterns, springs, pumps, wells,
reservoirs, aqueducts, water-trucks, sluices, mains, pipes,
culverts, hydrants, stand-pipes, and conduits, and all
machinery, lands, buildings, bridges and things, used for, or
intended for the purpose of, supplying water to a
cantonment,{Ins.by s.2, ibid.} [and
(xi) "year " means
the year commencing on the first day of
April.]
2A.[Rule of construction.] Rep.by the
Cantonments (Amendment) Act, 1954 (2 of 1954).s.3.
CHAPTER
II
DEFINITION AND DELIMITATION OF
CANTONMENTS
3.Definition of
cantonments:- (1) The {Subs.by the A.O.1937, for " L.G."}
[Central Government] {The words " with the previous sanction
of the G.G.in C." were rep.by the A.O.1937.} may, by
notification in the Official Gazette, declare any place or
places in which any part of {Subs.by the A.O.1950, for " His
Majesty's regular forces or regular air force"} [the Indian
Army or the Indian Air Force] 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
purposes of this Act and of all other enactments for the time
being in force, and {The words " with the like sanction " were
rep.by the A.O.1937.} may, by a like notification, declare
that any.cantonment shall cease to be a cantonment.
(2)
The (Subs.by the A.O.1937, for " L.G.") [Central Government]
{The words " with the like sanction " were rep.by the
A.O.1937.} may, by a like notification, define the limits of
any cantonment for the aforesaid purposes.
{(Ins.by Act
24 of 1936, s.3.} [(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 administration of the cantonment or for the
constitution of the Board.]
{(Ins.by Act 8 of 1944,
s.2.}[(4) The Central Government may, by notification in the
Official Gazette, direct that in any place declared a
cantonment under subsection (1) the provisions of any
enactment relating to local self-government other than this
Act shall have effect only to such extent or subject to such
modifications, or that any authority constituted under any
such enactment shall exercise authority only to such extent,
as may be specified in the notification.]
4.Alteration of limits of
cantonments:- (1) The {Subs.by the A.O.1937, for " L.G."}
[Central Government] {The words " with the previous sanction
of the G.G.in C." were rep.by the A.O.1937.} may {Ins.by Act 2
of 1954, s.4.} [after consulting the State Government and the
Board concerned], by notification in the Official Gazette,
declare its intention to include within {Subs., ibid., for " a
cantonment ".} [the cantonment] any local area situated in the
{Subs., ibid., for " a cantonment ".} vicinity thereof or to
exclude from {Subs., ibid., for " a cantonment ".} [the
cantonment] any local area comprised therein
(2) Any
inhabitant of a cantonment or local 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 the {Subs.by the A.O.1937, for " L.G."} [Central
Government] through the Official Commanding-in-Chief, the
Command, an objection to the notification, and the {Subs.by
the A.O.1937, for " L.G."} [Central Government] shall take
such objection into consideration.
(3) On the expiry of
six weeks from the date of the notification, the {Subs.by the
A.O.1937, for " L.G."} [Central Government] may after
considering the objections, if any, which have been submitted
under sub-section (2), by notification in the Official
Gazette, include the local area in respect of which the
notification was published under sub-section (1), or any part
thereof, in the cantonment or, as the case may be, exclude
such area or any part thereof from the cantonment.
5.The effect of including
area in cantonment:-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.
6.Disposal of
cantonment fund when area ceases to be a cantonment:- (1)
When, by a notification under section 3, any cantonment at
ceases to be a cantonment and the local area comprised therein
is s immediately placed under the control of a local
authority, the balance of the cantonment fund and other
property vesting in the {Subs.by Act 24 of 1936, s.69, for "
Cantonment Authority ".} [Board] shall vest in such local
authority, and the liabilities of the {Subs.by Act 24 of 1936,
s.69, for " Cantonment Authority ".} [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 the {Subs.by Act 24 of
1936, s.69, for " Cantonment Authority ".} [Board] shall vest
in Government, and the liabilities of the {Subs.by Act 24 of
1936, s.69, for " Cantonment Authority ".} [Board] shall be
transferred to the {Subs.by the A.O.1937, for " Secretary of
State in Council ".} [Central Government].
7.Disposal of
cantonment fund when area ceases to be included in a
contonment:-(1) When, by a notification under section 4,
any local area forming part of a cantonment ceases to be under
the control of particular {Subs.by Act 24 of 1936, s.69, for "
Cantonment Authority ".} [Board] and is immediately placed
under the control of some other local authority, such portion
of the cantonment fund and other property vesting in the
{Subs.by Act 24 of 1936, s.69, for " Cantonment Authority ".}
[Board] and such portion of the liabilities of the {Subs.by
Act 24 of 1936, s.69, for " Cantonment Authority ".} [Board],
as the Central Government may, by general or special order,
direct, shall be transferred to that other local
authority.
(2) When, in like manner, any local area
forming part of a cantonment ceases to be under the control of
a particular {Subs.by Act 24 of 1936, s.69, for "Cantonment
Authority".} [Board] an is not immediately placed under the
control of some other local authority, such portion of the
cantonment fund and other property vesting in the {Subs.by Act
24 of 1936, s.69 for " Cantonment Authority".} [Board] shall
vest in Government, and such portion of the liabilities of the
{Subs.by Act 24 of 1936, s.69 for " Cantonment Authority ".}
[Board] shall be transferred to the {Subs.by the A.O.1937, for
" Secretary of State in Council"} [Central Government], as the
Central Government may, by general or specific order,
direct.
8.Application of funds
and property transferred under sections 6 and 7:-Any
cantonment fund or portion of a cantonment fund or other
property of a {Subs.by Act 24 of 1936, s.69 for " Cantonment
Authority ".} [Board] vesting in Government under the
provision of section 6 or section 7 shall be applied in the
first place to satisfy any liabilities of the {Subs.by Act 24
of 1936, s.69 for " Cantonment Authority"}) [Board]
transferred under such provisions to the {Subs.by the
A.O.1937, for " Secretary of State in Council"} [Central
Government], and in the second place for the benefit of the
inhabitants of the local area which has ceased to be a
cantonment or, as the case may be, part of a
cantonment.
9.Limitation of operation
of Act.:-The {Subs.by the A.O.1937, for " L.G."} [Central
Government may, {The words " with the previous sanction of the
G.G.in C." were rep.By the A.O.1937} 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-
{Subs.by Act 24 of 1936, s.4, for
"specified in the notification in which there is no Board".}
[(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.
CHAPTER
III
[CANTONMENT BOARDS]
{Subs.by Act 34 of
1939, s.2 and Sch.I, for "Boards and Cantonment
Board".}
Boards
10.Cantonment Board and
Executive Officer:-For every cantonment there shall be a
Cantonment Board and an Executive Officer.]
11.Incorporation of
Cantonment Board:-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.]
12.Appointment of
Executive Officer:- (1) The Executive Officer of every
cantonment shall be appointed by the Central Government, or by
such Person as the Central Government may authorise in this
behalf, from the {Subs by Act 50 of 1948, s.2.} [Military
Lands and Cantonments Service] constituted by rules made under
section 280:
[Provided that where a
member of the Military Lands and Cantonments Service is not
readily available for such appointment, a Military Officer may
be appointed as the Executive Officer for a period not
exceeding three months:
Provided further that] an
Executive Officer appointed before the commencement {The
Cantonments (Amendments) Act, 1936 (24 of 1936), came into
force on the 31st October, 1936.} of the Cantonments
(Amendment) Act, 1936, shall, unless the Central Government
otherwise directs in any case, be deemed to have been duly
appointed in accordance with this sub-section.(24 of
1936.)
(2) Not less than half the cost of the salary of
the Executive Officer shall be paid {Subs.by the A.O.1937, for
" by Government ".} [by the Central Government] and the
balance from the cantonment fund:
Provided that the
salary of an Executive Officer appointed before the
commencement of the Cantonments (Amendment) Act, 1936, 2
shall, until the Central Government otherwise directs,
continue to be paid from the source from which it was being
paid at the commencement of the said Act.(24 of
1936.)
(3) The Executive Officer shall be the Secretary
of the Board and of every committee of the Board, but shall
not be a member of the Board or of any such
committee.]
13.Constitution of
Cantonment Boards:- (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:
{The proviso was rep.by the
A.O.1948.}
(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.
(3) In Class I
Cantonments, the Board shall consist of the following members,
namely:-
(a) the Officer Commanding the station or, if
the Central Government so directs in respect of any
cantonment, such other military officer as may be nominated in
his place by the Officer Commanding-in-Chief, the
Command;
(b) a Magistrate of the first class nominated
by the District Magistrate;
(c) the Health
Officer;
(d) the Executive Engineer;
(e) four
military officers nominated by name by the Officer Commanding
the station by order in writing;
(f) seven members
elected under this Act.
(4) In Class II Cantonments,
the Board shall consist of the following members,
namely:-
(a) the Officer Commanding the station, or, if
the Central Government so directs in respect of any
cantonment, such other military officer as may be nominated in
his place by the Officer Commanding-in-Chief, the
Command
(b) a Magistrate of the first class nominated
by the District Magistrate;
(c) the Health
Officer;
(d) the Executive Engineer;
(e) (i) in
cantonments of which the civil population exceeds seven
thousand five hundred, three military officers,
(ii) in
cantonments of which the civil population exceeds five
thousand, but does not exceed seven thousand five hundred, two
military officers,
{Subs.by the A.O.1950, for the
former clause.}[(iii) in cantonments of which the civil
population does not exceed five thousand, one military
officer,]
nominated by name by the Officer Commanding
the station by order in writing;
(f) such number of
members elected under this Act as is equal to the number of
members constituted or nominated by or under clauses (b) to
(e).
(5) In Class III Cantonments, the Board shall
consist of the following members, namely:-
(a) the
Officer Commanding the station, or if the Central Government
so directs in respect of any cantonment, such other military
officer as may be nominated in his place by the Officer
Commanding-in-Chief, the Command;
(b) one military
officer nominated by name by the Officer Commanding the
station by order in writing;
(c) one member elected
under this Act.
(6) The Officer Commanding the station
may, if he thinks fit, with the sanction of the Officer
Commanding-in-Chief, the Command, nominate in place of any
military officer whom he is empowered to nominate under clause
(e) of sub-section (3), clause (e) of sub-section (4) or
clause (b) of sub-section (5), any person, whether in the
service of the Government or not, who is ordinarily resident
in the cantonment or in the vicinity thereof.
(7) Every
election or nomination of a member of a Board and every
vacancy in the membership thereof shall be notified by the
{Subs.by the A.O.1937, for " L.G."} [Central Government] in
the Official Gazette.]
{Subs.by Act 24 of 1936, s.5,
for the former section.}[14.Power to vary constitution of
Boards in special circumstances:-(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) {The words " after consultation
with the L.G." were rep.by the A.O 1937.} 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 station by
order in writing;
(c) one member, not being a person in
the service of the Government, nominated by the Officer
Commanding the station.
(3) Every nomination of a
member of a Board constituted under this section, and every
vacancy in the membership thereof, shall be notified by the
{Subs.by the A.O.1937, for " L.G.".} [Central Government] in
the Official Gazette.
(4) The term of office of a Board
constituted by a declaration under sub-section (1) shall not
ordinarily extend beyond one year
Provided that the
Central Government may from time to time by a like
declaration, extend the term of office of such a Board by an
period not exceeding one year at a time:
Provided also
that the Central Government shall forthwith direct that the
term of office of such a Board shall cease if, in the opinion
of the Central Government, the reasons stated in the
declaration whereby such Board was constituted, or its term of
office was extended, have ceased to exist.
(5) When the
term of office of a Board constituted under this section has
expired or ceased, the Board shall be replaced by the former
Board which, but for the declaration under sub-section (1),
would have continued to hold office, or, if the term of office
of such former Board has expired, by a Board constituted under
section 13.]
15.Term of office of members:-( 1) Save as
otherwise provided in this section, the term of office of a
member of a Board shall be three years and shall commence from
the date of the notification of his election or nomination
under {Subs.by Act 24 of 1936, s.6, for "sub-section (2) of
section 14".} [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:
{Ins.By s.6,
ibid.} [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.]
{The proviso which had
been inserted by Act 8 of 1944, s.3, was rep.By Act 2 of 1948,
s.2 and Sch.}
(2) The term of office of an ex-officio
member of a Board shall continue so long as he holds the
office in virtue of which he is such member.
(3) The
term of office of a member elected to fill a casual vacancy
shall commence from the date of election and shall continue so
long only as the member in whose place he is elected would
have been entitled to hold office if the vacancy had not
occurred.
(4) An outgoing member shall, unless the
{Subs.by Act 24 of 1936, s.69, for " Cantonment Authority ".}
[Central Government otherwise directs, continue in office
until the election or nomination o his successor is notified
under {Subs.by Act 24 of 1936, s.6, for "sub-section (2) of
section 14".}[sub-section (7) of section 13].
5) Any
outgoing member may, if qualified, be re-elected or
renominated.
16.Filling of vacancies:-(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 the {Subs.by the A.O.1937, for " L.G." }
[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 the
{Subs.by the A.O.1937, for " L.G." } [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 within three 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.
17.Vacancies in special
cases:-(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:
{Ins.by
Act 15 of 1942, s.2.} [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.]
{Subs., ibid., for the former
sub-section (2).}[(2) Vacancies arising in any of the
following cases shall be filled by nomination by the Central
Government after consultation with the Officer
Commanding-in-Chief, the Command, namely :-
(a) where
at a casual election no member is elected;
(b) where at
an ordinary election no member or an insufficient number of
members is elected, or an elected member is unwilling to serve
on the Board and the outgoing member is not qualified or is
not willing to serve or is dead or cannot be found within a
reasonable time;
(c) where at an election held when a
Board is constituted for the first time no member or an
insufficient number of members is elected or an elected member
is unwilling to serve on the Board.]
{Sub-section
(3) has inserted and the original sub-section (3) re-numbered
(4) by s.2, Act 15 of 1942} [(3) For the purposes of
sub-section (2) of section 16, a member nominated in pursuance
of sub-section (2) of this section shall, where there has been
a division of the cantonment into wards or of the inhabitants
thereof into classes, be deemed to have been elected by such
ward or class, as the case may be, as the Central Government
may at the time of making the nomination or at any time
thereafter declare.]
{Sub-section (3) has inserted and
the original sub-section (3) re-numbered (4) by s.2, Act 15 of
1942.} [(4)] The term of office of a member nominated or
deemed to have been re-elected under this section shall expire
at the time at which it would have expired if he had been
elected at the ordinary or casuaI election, as the case may
be.
18.Oath or affirmation:-(1) Every person who is by
virtue of his office, or who nominated or elected to be, a
member of a Board shall, before taking his seat, make at a
meeting of the Board an oath or affirmation of his allegiance
to the {Subs.by the A.O.1948, for "Crown".} [Constitution of
India] in the following form namely :-
"I, A.B., having
become/been elected/been nominated a member of this Board,
do
solemnly swear (or affirm) that I will be faithful
an bear true allegiance to {Subs.by the A.O.1948, for "His
Majesty the King Emperor of India, his heirs and successors".}
[the Constitution of India a 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 the oath
or affirmation within such time as the {Subs.by the A.O.1937
for " L.G."} [Central Government] considers reasonable, the
{Subs.by the A.O.1937 for " L.G.") [Central Government] shall,
by notification in the Official Gazette declare his seat to be
vacant.
19.Resignation:- (1) Any nominated or elected
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 who shall
forward it for orders to the {Subs.by the A.O.1937 for "
L.G."} [Central Government].
(2) If the {Subs.by the
A.O.1937 for " L.G."} [Central Government] accepts the
resignation, such acceptance shall be communicated to the
Board, and thereupon the seat of the member resigning shall
become vacant.
20.President and Vice-President:- (1)
The {Subs.by Act 7 of 1925 s.14, for Commanding Officer of the
Cantonment"} [Officer Commanding the station] (Ins.by Act 24
of 1936, s.7.) [if a member of the Board] shall be the
President of the Board:
{Ins.by Act 26 of 1927, s.3.}
[Provided that when a military officer holding the office of
President ceases to be the Officer Commanding the station
merely by reason of a temporary absence from the station on
duty or on station leave, or during the transfer of his
headquarters to a hill station, he shall not vacate the office
of President.]
{Subs.by Act 24 of 1936, s.7, for the
original sub-section.} [(2) Where the Officer Commanding the
station is not a member of the Board, the military officer
nominated in his place under clause (a) of sub-section (3),
sub-section (4) or sub-section (5) of section 13 shall be
President of the Board.
(3) In every Board in which
there is more than one elected member, there shall be a
Vice-President elected by the elected members only and from
among their number {Ins.by Act 15 of 1942, s.3.} [in
accordance with such procedure as the Central Government may
by rule prescribe.] ]
21.Term of office of
Vice-President:- {Subs.by s.8, ibid., for the original
sub-section.} [(1) The term of office of a Vice-President
shall be three 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.
22.Duties of President:-(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 exercise
supervision and control over 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 fulfillment of the purposes
of this Act.
(2) The President may, by order in
writing, empower the Vice-President to exercise all or any of
the powers and duties referred to m clause (c) of sub-section
(1) other than any power, duty or function which he is by
resolution of the Board expressly forbidden to
delegate.
(3) The exercise or discharge of any powers,
duties or functions delegated by the President under this
section shall be subject to such restrictions, limitations and
conditions, if any, as may be laid down by the President and
to the control of, and to revision by, the
President.
(4) Every order made under sub-section (2)
shall forthwith be communicated to the Board and to the
{Subs.by Act 35 of 1926, s.2, for " Officer Commanding the
District".} [Officer Commanding-in-Chief, the
Command].
23.Duties of Vice-President:-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 subsection (2) of section
22.
24.Duties of the Executive Officer:-The Executive
Officer shall perform all the duties imposed upon him by or
under this Act, and shall be responsible for the; custody of
all the records of the {Subs.by Act 24 of 1936, s.69, for "
Cantonment Authority ".} [Board], and shall 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 bodies may
respectively impose on him, and shall comply with every
requisition of the {Subs.by Act 24 of 1936, s.69, for "
Cantonment Authority".} [Board], on any matter pertaining to
the administration of the cantonment.
25.Special Power
of the Executive Officer:-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 the
{Subs.by Act 24 of 1936, s.69, for " Cantonment Authority".}
[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) {The words "where there
is a Board " was rep.by s.9, ibid.} 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 the {Subs.by Act 24 of 1936, s.69, for " Cantonment
Authority".} [Board] prohibiting the execution of any
particular work or the doing of any particular act;
and
(c) he shall report forthwith the action taken
under this section and the reasons therefor to the {Subs.by
Act 24 of 1936, s.69, for " Cantonment Authority "}
[Board].
Elections
26.Electoral rolls:- (1) {The
words " Where a Board is to be constituted in any cantonment
otherwise than in accordance with the proviso to sub-section
(1) of section 14 rep.by s.10, ibid} {Subs.by s.10, ibid., for
" the Cantonment Authority".} [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 {Subs.by the A.O.1937, for " L.G.".} [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, {The words " or the inhabitants into classes " omitted
by Act 2 of 1954, s.6.} the electoral roll shall be divided
into separate lists for each ward {The words " or class, as
the case may be " omitted, ibid.} . (4) If a new
electoral roll is not published in any year on the date
prescribed, the {Subs.by the A.O.1937, for " L.G.".} [Central
Government] may direct that the old electoral roll shall
continue in operation until the new roll is
published.
CHAPTER
IV
SPIRITUOUS LIQUORS AND INTOXICATING
DRUGS
56.Unauthorised sale of spirituous liquor or
intoxicating drug:-If within a cantonment, or within such
limits adjoining a cantonment as the {Subs.by the A.O.1937,
for " L.G."} [Central Government] may, by notification in the
Official Gazette define, any person not subject to military or
air-force law or any person subject to military or air-force
law otherwise than as a military officer or a soldier
knowingly barters, sells or supplies, or offers or attempts to
barter, sell or supply, any spirituous liquor or intoxicating
drug to or for the use of any soldier or follower or soldier's
wife or minor child without the written Permission of the
{Subs.by Act 7 of 1925, s.14 for " Commanding Officer of the
Cantonment "} [Officer Commanding the station] or of some
person authorised by the {Subs.by Act 7 of 1925, s.14 for "
Commanding Officer of the Cantonment "} '[Officer Commanding
the station] to grant such permission, he shall be punishable
with fine which may extend to one hundred rupees, or with
imprisonment for a term which may extend to three months, or
with both.
57.Unauthorised possession of spirituous
liquor:- If within a cantonment, or within any limits defined
under section 56,-
(a) any person subject to military
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 the {Subs.by the A.O.1937, for " Govt."} [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 the {Subs.by Act
7 of 1925, s.14 for " Commanding Officer of the Cantonment "}
[Officer Commanding the station] or of some person authorised
by the {Subs.by Act 7 of 1925, s.14 for " Commanding Officer
of the Cantonment "} [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 to fifty
rupees and, in the case of a subsequent offence, with
imprisonment for a term which may extend to three months, or
with fine which may extend to one hundred
rupees.
58.Arrest of persons and Seizure and
confiscation of things for offences against the two last
foregoing sections:-(1) Any police officer or excise officer
may, without an order from a 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 drug in respect of which
such an offence has been committed and any vessels or
coverings in which the liquor or drug 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 a 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 sub sequent offence, belonged
to, or was in the possession of, such person.
(3) The
court convicting a person of an offence under section 56 or
section 57 may order the confiscation of the whole or any part
of any thing seized under sub-section (1) or sub-section
(2).
(4) Subject to the provisions of Chapter XLIII of
the Code of Criminal Procedure, 1898, anything, seized under
sub-section (1) ors sub-section (2) and not confiscated under
sub-section (3) shall be restored to the person from whom it
was taken.
59.Saving of articles sold or suppllied for
medicinal purposes:-The foregoing provisions of this Chapter
shall not apply to the sale or supply of any article in good
faith for medicinal purposes by a medical practitioner,
chemist or druggist authorised in this behalf by a general or
special order of the {Subs by Act 7 of 1925, s.14, for "
Commanding Officer of the Cantonment ".} [Officer Commanding
the station].
CHAPTER
V
TAXATION
Imposition of
taxation
{Subs by Act 24 of 1936, s.23, for the
original section.} [60.General power of taxation:-(1) The
Board may, with the previous sanction of the {Subs.by the
A.O.1937 , for " L.G." } [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:
{The proviso
to sub-section (1) was rep.by the A.O.1937.}
(2) Any
tax imposed under this section shall take effect from the date
of its notification in the Official Gazette.]
Comment: Municipality could levy a
tax on Motor Vehicles entering the limits of the Municipality,
the same could be levied by the Cantonment Board exercise of
its power under section 60 of the Cantonments Act with the
previous sanction of the Central Government. Consequently,
notifications issued by the Cantonment Boards of Mhow,
Jabalpur and Saugar were valid notifications issued under
Section 60 of the Cantonments Act and imposition of tax on
Motor Vehicles entering into the limits of the Cantonment
Boards cannot be said to be invalid or inoperative. Cantonment
Board, Mhow v. M. P. State Road Transport Corpn., AIR 1997
SUPREME COURT 2013
{Ss.61, 62 and 63
were subs.by Act 24 of 1936, s.24, for the original sections.}
[61.Framing of preliminary proposals:- 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 circumstance in respect of
which they are to be made liable; and
(c) the rate at
which the tax is to be levied.
62.Objections and
disposal thereof:-(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 any objection into consideration and pass orders thereon
by special resolution.
(2) If the Board decides to
modify its proposals or any of the it shall re-publish the
modified proposals in the manner provided by section 61
indicating that the proposals are in modification of the
proposals previously published; and the provisions of
sub-section of this section shall apply to such modified
proposals.
(3) When the Board has finally settled the
proposals, it shall submit them along with the objections, if
any, made in connection there with to the {Subs.by the
A.O.1937, for " L.G."} [Central Government] through the
Officer Commanding in-Chief, the Command.
63.Imposition
of tax:-The {Subs.by the A.O.1937, for " L.G."} [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
]
64.Definition of annual value.-For the purposes of
this Chapter, " annual value " means
(a) in the case of
railway stations, hotels, colleges, school hospitals,
factories and any other buildings which {Subs.by Act 24 of
1936, s.69, for " Cantonment Authority ".} [Board] decides to
assess under this clause, one twentieth of the sum obtained by
adding the estimate present cost of erecting the building to
the estimate value of the land appertaining thereto,
and
(b) in the case of a 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 the {Subs.by Act 24 of 1936, s.69, for "
Cantonment Authority ".} [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 by reason of exceptional
circumstances, in the opinion of the {Subs.by Act 24 of 1936,
s.69, for " Cantonment Authority ".} [Board ] excessive if
calculated in the aforesaid manner, the {Subs.by Act 24 of
1936, s.69, for " Cantonment Authority ".} [Board] may fix the
annual value at any less amount which appears to it to be
just.
65.Incidence of taxation:-(1) Save as otherwise
expressly provided in the notification imposing the tax, every
tax {Ins.by Act 26; of 1927, s.7.} [assessed] on the annual
value of buildings or lands or of both shall be leviable
primarily upon the actual occupier of the property upon which
the said tax is assessed, if he is the owner of the buildings
or lands or holds them on a building or other lease {Subs.by
Act 24 of 1936, s.25, for "from the Secretary of State in
Council or from".} [granted] by or on behalf of the Government
or the {Subs.by s.69, ibid., for "Cantonment Authority ".}
[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 same vests.
(3) On
failure to recover any sum due on account of such tax from the
person primarily liable, there may be recovered from the
occupier of any part of the buildings or lands in respect of
which the tax is due such portion of the sum due as bears to
the whole amount due the same ratio which the rent annually
payable by such occupier bears to the aggregate amount of rent
so payable in respect of the whole of the said buildings or
lands, or to the aggregate amount of the letting value
thereof, if any, stated in the authenticated assessment
list.
(4) An occupier who makes any payment for which
he is not primarily liable under this section shall, in the
absence of any contract to the contrary, be entitled to be
reimbursed by the person primarily liable for the payment,
and, if so entitled, may deduct the amount paid from the
amount of any rent from time to time becoming due from him to
such person.
Assessment list
66.Assessment
list:-When a tax {Ins.by Act 26 of 1927, s.8.} [assessed] on
the annual value of buildings or lands or both is imposed, the
{Subs.by s.69, ibid., for "Cantonment Authority ".} [Board]
shall cause an assessment list of all buildings or lands in
the cantonment, or of both, as the case may be to be prepared
in such form as the {Subs.by the A O.193,, for " L.G."}
[Central Government] may by rule prescribe Assessment
list.
67.Publication of assessment list:-When the
assessment list has been prepared, the {Subs.by s.69, ibid.,
for "Cantonment Authority ".} [Board] shall give public notice
thereof, and of the place where the list or a copy thereof may
be inspected and every person 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.
68.Revision of
assessment list:-(1) The {Subs.by Act 24 of 1936, s.69.for "
Cantonment Authority ".} [Board] shall, at the same time, give
public notice of a date not less than one month thereafter
when it will proceed to consider the valuations 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, it 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 {Subs.by Act 24 of
1936, s.69.for " Cantonment Authority ".} [Board] 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
the {Subs.by Act 24 of 1936, s.69.for " Cantonment Authority
".} [Board].
(3) The objections shall be inquired into
and investigated, and the persons making them shall be allowed
an opportunity of being heard either in person or by
authorised agent, by an Assessment Committee appointed by the
{Subs.by Act 24 of 1936, s.69.for " Cantonment Authority ".}
[Board].
(4) The Assessment Committee shall consist of
not less than three persons.and, {The words " where there is a
Board " were rep.by s.26, ibid.} it shall not be necessary to
appoint to the Assessment Committee any member {Subs.by s.26,
ibid, for " thereof ".} [of the
Board].
69.Authentication of assessment list:-(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 on such objections.
(2) The
assessment list so authenticated shall be deposited in the
office of the {Subs.by Act 24 of 1936, s.69.for " Cantonment
Authority ".} [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.
70.Evidential value of
assessment list:-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.
Amendment of assessment.
71.Amendment
of assessment list:-{Subs.by Act 24 of 1936, s.27, for the
original sub-section.} [(l) The Board may amend the
assessment list at any time-
(a) by inserting or
omitting the name of any person whose name ought to have been
or ought to be inserted or omitted, or
(b) by inserting
or omitting any property which ought to have been or ought to
be inserted or omitted; or
(c) by altering the
assessment on any property which has been erroneously valued
or assessed through fraud, accident or mistake, whether on the
part of the Board or 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 the occupier:
Provided that no person shall by
reason of any such amendment become liable to pay any tax or
increase of tax in respect of any period prior to the
commencement of the year in which the assessment is
made.]
{Ins.by s.27, ibid.} [(1A) Before making any
amendment under sub-section (1) the Board shall give to any
person affected by the amendment notice of not less than one
month that it proposes to make the amendment.]
(2) Any
person interested in any such amendment may tender an
objection to the {Subs.by s.69, ibid., for "Canontment
Authority".} [Board] in writing before the time fixed in the
notice, and shall be allowed an opportunity of being heard in
support of the same in person or by authorised
agent.
72.Preparation of new assessment list:-The
{Subs.by s.69, ibid., for " Cantonment Authority ".} [Board]
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.
73.Notice of transfers:-(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 affected, 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 form {Subs.by Act 2 of 1954, s.12.for " as
the Executive Officer may direct } [as may be determined by
rules made under section 280,] and the transferee or other
person on whom the title devolves shall, if so required, be
bound to produce before the Executive Officer any documents
evidencing the transfer or devolution.
(4) Every person
who makes a transfer as aforesaid without giving such notice
to the Executive Officer shall continue liable for the payment
of all taxes assessed on the property transferred until he
gives notice or until the transfer has been recorded in the
registers of the {Subs by Act 24 of 1936, s.69, for "
Cantonment Authority "} [Board], but nothing in this section
shall be held to affect the liability of the transferee for
the payment of the said tax.
{Ins.By s.28 ibid.} [(5)
The Executive Officer shall record {Subs.by Act 32 of 1940,
s.8 and Sch.II, for " every transfer on devolution".} [every
transfer or devolution] of title notified to him under
sub-section (1) or subsection (2) in the assessment list and
other tax registers of the Board.]
74.Notice of
erection of buildings:-(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 to fifty rupees or ten times the amount of
the tax payable on the said buildings, as erected or
re-erected, as the case may be, in respect of a period of
three months, whichever is greater.
Remission and
refund
75.Demolition etc., of buildings:- If any
building is wholly or partly demolished or destroyed or
otherwise deprived of value, the {Subs.by Act 24 of 1936,
s.69.for "Cantonment Authority".} may, on the application {Ins
by Act 7 of 1931, s.4.} [in writing] of the owner {Ins.by Act
24 of 1936, s.29.} [or occupier], remit or refund such portion
of {Subs.by Act 26 of 192'.7, s.9; for " the tax payable
thereon ".} [any tax assessed on the annual value thereof] as
it thinks fit.
76.Remission of tax:- In a cantonment
{The words " other than a hill cantonment " omitted by Act 24
of 1936, s.30} when any building or land has remained vacant
and unproductive of rent for {Subs by s.30, ibid, for
"ninety".} [sixty] or more consecutive days {The words "during
any year " were omitted by s.30 ibid.,} the {Subs.By s.69 ibid
for " Cantonment Authority".} [Board] shall remit or refund,
as the case may be, such portion of {Subs.by Act 26 of 1927,
s.10, for " the tax -payable thereon." of 1936, s.30.} [any
tax assessed on the annual value thereof {The words "and
payable in respect of that year" were omitted by Act 24 of
1936, s.30.}] {The words "and payable in respect of that year"
were omitted by Act 24 of 1936, s.30.} as may be proportionate
to the number of days during which the said building or land
has remained vacant and unproductive of rent.
{Ins.by
Act 15 of 1942, s.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 of or refund shall be
admissible under this selection in respect of any time outside
the season during which the building or land remains vacant,
but in respect of any time, not being less than sixty
consecutive days during which within the season such building
or land has remained vacant and unproductive of rent, the
Board shall remit or refund such portion of any tax assessed
on the annual value thereof as bears to the whole of the tax
so assessed the same proportion as the remainder vacant and
unproductive of rent bears to the total length of the
season.]
77.Power to require entry in assessment list
of details of buildings:-For the purpose of obtaining a
partial remission or refund of tax the owner of a building
composed of separate tenements may request the {Subs.by s.69,
ibid., for "Cantonment Authority".}[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 {Subs By Act 24 of 1936 s.36 for "ninety".}
[sixty] or more consecutive days {The words " during any year
" were omitted ibid.} portion of {Subs.By Act 26 of 1927 s.11
for "the tax payable in respect of that year on the whole
building".} [any tax assessed on the annual value of the whole
building ] {The words " and payable in respect of that year "
were omitted by Act 24 of 1936 s.30.}] shall be remitted or
refunded as would have been remitted or refunded if the
tenement had been separately asssessed.
{Proviso to
s.77 was renumbered as s.77A by Act 26 of 1927, s.11.}
[77A.Notice to be given of the circumstances in which
remission or refund is claimed:-] {Subs.Ibid., for ''Provided
that no such remission''.} [No remission or refund under {The
words and figures '' section 75 '' were omitted by Act 7 of
1931, s.5.} section 76 or section 77 shall be made unless
notice in writing of the {Subs.Ibid., for ''circumstances in
which it is claimed ''.} [fact that the building land or
tenement has become vacant and unproductive or rent] has been
given to the {Subs.By Act 24 of 1936.S.69, for '' Cantonment
Authority''.} [Board], and no remission or refund shall take
effect in respect of any period commencing more than fifteen
days before delivery of such notice.
78.What
buildings., etc.Are to be deemed vacant:- (1) for the purpose
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 in 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.
79.Notice to be given of every occupation of
vacant building or house.:- (1) The owner of any building,
tenement or land in respect of which remission or refund of
tax has been given under section 76 or section 77 shall give
notice of the re-occupation of such building {lns by Act 24 of
1934, s.2 and sch.I.} [tenement] or land within fifteen
days o f 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 to fifty rupees, or to ten times the
amount of the said tax, whichever sum is
greater.
Charge on immovable property
80.Tax on
buildings and land to be a charge thereon:- 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.
Octroi, terminal tax and toll 81.Inspection of
imported goods, etc:-Every person bringing or receiving any
goods, vehicles or animals within the limits of any cantonment
in which octroi or terminal tax or tool is leviable, shall,
when so required by an officer duly authorised by the {Subs.by
Act 24 of 1936, s.69, for "Cantonment Authority".} [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.
82.Evasion of octroi or terminal
tax:- (1) Any person who takes or attempts to take past an y
octroi station or any other place appointed within a
cantonment for collection of octroi, terminal tax or toll any
goods, vehicle 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 to toll, 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 toll or on demand, the officer empowered to
collect the same may seize any goods, vehicles or animals on
which the octroi, terminal tax or toll is chargeable or any
part or number thereof which is of sufficient value to satisfy
the demand {Added by Act 24 of 1936, s.31.} [and shall give a
receipt specifying the items seized].
(3) The {Subs.,
ibid., s.69, for " Cantonment Authority ".} [Board], after the
lapse of five days from the seizure and after the issue of a
notice in writing to the person in whose, possession the
goods, vehicles or animals were at the time of seizure, fixing
the time and place of sale, may cause the property so seized,
or so much thereof as may be necessary, to be sold by auction
to, satisfy the demand and any expenses occasioned by the
seizure, custody and sale thereof, unless the demand and
expenses are in the meantime paid:
Provided that the
Executive Officer may, in any case, order that any article of
a perishable nature which cannot be kept for five days without
serious risk of damage, or which cannot be kept save at a cost
which, together with the amount of octroi, terminal tax toll
is likely to exceed its value, shall be sold after the lapse
of such shorter time as he may, having regard to the nature of
the article, think proper.
(4) If, at any time before
the sale has begun, the person whose property has been seized
tenders to the Executive Officer the amount of all expenses
incurred and of the octroi, terminal tax or toll the Executive
Officer shall release the property seized.
(5) The
surplus, if any, of the sale-proceeds shall be credited to the
cantonment fund, and shall, on application made to the
{Subs.by Act 24 of 1936, s.69, for "Cantonment
Authority".}[Board] within one year after the sale, be paid to
the person in whose possession the property was at the time of
seizure, and, if no such application is made, shall be the
property of the {Subs by Act 24 of 1936, s.69, for "
Cantonment Authority ".} [Board].
83.Lease of octroi
terminal tax or toll:- It shall be lawful for the {Subs by Act
24 of 1936, s.69, for " Cantonment Authority ".} [Board], with
the previous sanction of the {Subs.by Act 25 of 1926, s.2, for
; Officer Commanding the District "} [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 the {Subs by Act 24 of 1936, s.69, for "
Cantonment Authority ".} [Board] for their
guidance;
(b) have such powers exercisable by officers
or servants of the {Subs by Act 24 of 1936, s.69, for "
Cantonment Authority ".} [Board] under this Act as the {Subs
by Act 24 of 1936, s.69, for " Cantonment Authority ".}
[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 the {Subs by Act 24 of 19S6, s.69,
for " Cantonment Authority ".} [Board] for the management and
collection of the octroi, terminal tax or toll, as the case
may be:
Provided that no article distrained may be sold
except under the orders of the {Subs by Act 24 of 19S6, s.69,
for " Cantonment Authority ".}
[Board].
Appeals
84.Appeals against assessment:-
(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 a Magistrate or to such other officer as may be
empowered by the {Subs by the A.O.1937, for " L G."} [Central
Government] in this behalf:
Provided that, where {The
words " there is a Board and " were omitted by Act 24 of 1936,
s.32.} the person to whom the appeal would ordinarily lie is,
or was when the tax was imposed, a member of the Board, the
appeal shall lie to the Commissioner of the Division, or, in a
State where there are no Commissioners, to the District
Judge.
(2) If, on the hearing of an appeal under this
section, any question as to the liability to, or the principle
of assessment of, a tax arises on which the officer hearing
the appeal entertains reasonable doubt, he may, either of his
own motion or on the application of the appellant, draw up a
statement of the facts of the case and the pointon which doubt
is entertained, and refer the statement with his own 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 XLVI of the First Schedule to the
Code of Civil Procedure, 1908.
85.Costs of appeal:-.In
every appeal the costs shall be in the discretion of the
officer hearing the appeal.
86.Recovery of costs from
Board:-If the {Subs by Act.24 of 1936, s.69, for " Cantonment
Authority ".} [Board] fails to pay any costs awarded to an
appellant within ten days after the date of the order for
payment thereof, the officer awarding the costs may order the
person having the custody of the balance of the cantonment
fund to pay the amount.
87.Conditions of rights to
appeal:-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 by this
section if the appellant satisfies the court before whom the
appeal is preferred that he had sufficient cause for not
preferring it within that period;
(b) the amount, if
any, in dispute in the appeal has been deposited by the
appellant in the office of the {Subs by Act.24 of 1936, s.69,
for " Cantonment Authority ".} [Board].
88.Finality of
appellate orders:-The order of an appellate authority
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 the appellate authority, 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.
Payment and recovery of
taxes
89.Time and manner of payment of taxes:-Save as
otherwise expressly provided under this Act, any tax imposed
under the provisions of this Act shall be payable on such
dates and in such installments, if any, as the {Subs.by Act 24
of 1936, s.69, for " Cantonment Authority ".} [Board] may, by
public notice, direct.
90.Presentation of bill:-(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.
91.Notice of demand:-(1) If the
amount of the tax for which any bill has been presented is not
paid to the {Subs.by Act 24 of 1936, s.69, for " Cantonment
Authority ".} [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 exceeding one rupee, 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.
92.Recovery
of tax:-(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 cost of recovery, may be recovered
under a warrant, issued in the form set forth in Schedule II,
by distress and sale of the movable property of the
defaulter:
Provided that the Executive Officer shall
not recover any sum the liability for which has been remitted
on appeal under this Chapter.
(2) Every warrant issued
under this section shall be signed by the Executive
Officer.
93.Distress:-(1) It shall be lawful for any
servant of the {Subs.by Act 24 of 1936, s.69, for " Cantonment
Authority ".} [Board] to whom a warrant issued under section
92 is addressed to distrain, wherever it may be found {Ins.,
ibid., s.33.} [in the cantonment], any movable property of
{Ins., ibid., s.33.} [or standing timber, growing crops or
grass belonging to] the person therein named as defaulter,
subject to the following conditions, exceptions and
exemptions, 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 necessary to enable the defaulter to
earn his livelihood;
(b) the distress shall not be
excessive, that is to say, the property distrained shall be as
nearly as possible equal in value to the amount recoverable
under the warrant, and if any property has been distrained
which, in the opinion of the Executive Officer, should not
have been distrained, it shall forthwith be
returned.
(2) The person charged with the execution of
a warrant of distress shall forthwith make an inventory of the
property which he seizes under such warrant, and shall, at the
same time, give a written notice in the form set forth in
Schedule III to the person in possession thereof at the time
of seizure that the said property will be sold as therein
mentioned.
94.Disposal of distrained property:-(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 given at the same time to the person
from whose possession the property was taken, and, if the same
is claimed by written application to the {Subs.by Act 24 of
1936, s.69, for " Cantonment Authority ".} [Board] within one
year from the date of the notice, a refund thereof shall be
made to such person.Any surplus not claimed within one year as
aforesaid shall be the property of the {Subs.by Act 24 of
1936, s.69, for " Cantonment Authority ".} [Board].
(4)
For every distraint made under this Chapter a fee of such
amount, not exceeding one rupee, as shall in each case be
fixed by the Executive Officer shall be charged, and the said
fee shall be included in the costs of
recovery.
95.Recovery from a person about to leave
cantonment:- (1) If the Executive Officer has reason to
believe that any person from whom any sum is due {Ins by Act 8
of 1930, s.2 and Sch.I.} [or is about to become due] on
account of any tax is about to remove from the cantonment, he
may direct the immediate payment by such person of the sum so
due or about to become due, and cause a bill for the same to
be served on such person.
(2) If, on the service of
such bill, such person does not forthwith pay the sum so due
or about to become due, the amount shall be leviable by
distress and sale in the manner hereinbefore provided in this
Chapter, except that it shall not be necessary to serve upon
the defaulter any notice of demand and the warrant for
distress and sale may be issued and executed without any
delay.
96.Power to institute suit for recovery:-Instead
of proceeding against a defaulter by distress and sale as
herein-before 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.
Special provisions relating to
taxation.
97.Power to prohibit or exempt from
taxation:-Every {Subs.by Act 24 of 1936, s.69, for "
Cantonment Authority ".} [Board] shall be deemed to be a
Municipal Committee.for the purposes of the Municipal Taxation
Act, 1881.
98.Power to make special provision for
conservancy in certain cases:-A {Subs.by Act 24 of 1936, s.69,
for " Cantonment Authority ".} [Board] may make special
provision 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 the {Subs.by Act
24 of 1936, s.69, for " Cantonment Authority ".} [Board] of
the services to be rendered.
99.Exemption in the case
of buildings:-(1) When, in pursuance of section 98, a {Subs.by
Act 24 of 1936, s.69, for " Cantonment Authority ".} [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
property {Ins by Act 15 of 1942, s.8.}[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 play-grounds and dharamsalas which are
open to the public and from which no income is
derived;
(c) hospitals and dispensaries maintained
wholly by charitable contributions;
(d) burning and
burial grounds, not being the property of the Government or a
{Subs.by Act 24 of 1936, s.69, for " Cantonment Authority ".}
[Board], which are controlled under the provisions of this
Act;
(e) buildings or lands vested in a {Subs.by Act 24
of 1936, s.69, for " Cantonment Authority ".} [Board];
and
(f) any buildings or lands, used or acquired for
the public service or for any public purpose, which are the
property of {Ins.by the A.O.1937.} [the Government] or in the
occupation of {Subs.ibid., for " the Govt."} [the Central or
any State Government].
{Ins.By Act 35 of 1926, s.7.}
[99A.General power of exemption:-The {Subs.by the A.O.1937,
for " L.G."} [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 of any property or goods or class of property or
goods {The words " belonging to the Secretary of State for
India in Council " were rep by Act 7 of 1931,
s.6.},]
100.Exemption of poor persons:-A {Subs.by Act
24 of 1936, s.69, for " Cantonment Authority ".} [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.
101.Composition:-(1) A {Subs.by
Act 24 of 1936, s.69, for " Cantonment Authority ".} [Board]
may, with the previous sanction of {Subs.by Act 35 of 1926,
s.2, for " Officer Commanding the District ".} [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.
102.Irrecoverable
debts:-A {Subs.by Act 24 of 1936, s.69, for " Cantonment
Authority ".} [Board] may write off any sum due on account of
any tax {Ins.by Act 24 of 1936, s..34.} [or rate] or of the
costs of recovering any tax {Ins.by Act 24 of 1936, s..34.}
[or rate] if such sum is, in its opinion,
irrecoverable:
{Ins.by Act 24 of 1936, s..34.}
[Provided that, where the sum written off in favour of any one
person exceeds fifty rupees, the sanction of the Officer
Commanding in-Chief, the Command, shall be first
obtained.]
103.Obligation to disclose liability:-(1)
The Executive Officer may, by written notice, call upon any
inhabitant of the cantonment to furnish such information as
maybe necessary for the purpose of ascertaining
(a)
whether such inhabitant is liable to pay 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.
{Subs.by Act 2 of l954, s.13, for the
original.sub-section (2).ll.7, 55.} [(2) If any person, when
called upon under sub-section (l) 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 punish able with fine which may extend to one hundred
rupees and shall also be liable to be assessed at such amount
on account of tax as the Board may deem proper, and the
assessment so made shall, subject to the provisions of this
Act, be final.]
104.Immaterial error not to affect
liability:-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.
105.Distraint not to be invalid by reason
of immaterial defect:-No distress levied 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, warrant of reason of distress or
other proceeding relating thereto; nor shall any such person
be deemed a trespasser ab initio 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 cornpensation for the same by
suit in a court of competent jurisdiction.
CHAPTER
VI
CANTONMENT FUND AND PROPERTY
Cantonment
fund
106.Cantonment fund:-There shall be formed for
every cantonment a cantonment and there shall be placed to the
credit thereof the following find sums, namely:-
(a)
the balance.if any, of the cantonment fund formed for the
cantonment under the Cantonments Act, 1910
(b) all sums
received by or on behalf of the {Subs.by Act 24 of l936, s.69,
for " Cantonment Authority ".} [Board].
{The word " and
" and cl.(c) were rep.by the A.O.1937.}
107.Custody of
cantonment fund:-(1) Where in or near a cantonment there is a
Government treasury or sub-treasury, or a branch of the
Imperial Bank of India, {Now the State Bank of India.} the
cantonment fund shall be kept in such treasury, sub-treasury
or bank, as the case may be.
(2) Where there is no such
treasury, sub-treasury or bank, the cantonment fund may be
deposited with any bank to which the Government treasury
business has been entrusted, and, in the absence of such a
bank, with any banker or person acting as a banker who has
given such security for the safe custody of the fund and the
payment on demand of the funds so deposited as the {Subs.,
ibid., for " L.G."} [Central Government may in each case
direct.
{Subs.by Act 26 of 1927, s.12, for the original
sub-section.} [(3) A l[Board] may, from time to time, with the
previous sanction of the {Subs.by Act 24 of 1936, s.35, for "
L.G."} [Officer Commanding-in-Chief, the Command], invest any
portion of its cantonment fund in securities of the Central
Government or in such other securities, including fixed
deposits in banks, as the {Subs., ibid., for " L.G."} [Central
Government] may approve in this behalf, and may dispose of
such investments or vary them for others of a like
nature.]
(4) The income resulting from any fixed
deposit or fro-m any such security as is referred to in
sub-section (3) or from the proceeds of the sale of any such
security shall be credited to the cantonment
fund.
Property
108.Property:-Subject to any
special reservation made by the Central Government {The words
" or the L.G." were rep., ibid.}, all property of the nature
hereinafter in this section specified which has been acquired
or provided or is maintained by a {Subs.by Act 24 of l936,
s.69, for " Cantonment Authority ".}[Board] shall vest in and
belong to that {Subs.by Act 24 of l936, s.69, for " Cantonment
Authority ".} [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, ashes, refuse, animal matter, filth and
rubbish of every kind, and dead bodies of animals collected by
the {Subs.by Act 24 of 1936, s.69, for " Cantonment Authority
".} [Board] from the streets, houses, privies, sewers
cesspools or elsewhere, or deposited in places appointed by
the {Subs.by Act 24 of 1936, s.69, for " Cantonment Authority
".} [Board] for such purpose;
(e) all lamps and
lamp-posts and apparatus connected therewith or appertaining
thereto;
(f) all land or other property transferred to
the {Subs.by Act 24 of 1936, s.69, for " Cantonment Authority
".} [Board] {Subs.by the A.O.1937, for " by His Majesty ".}
[by the Central or a State Government], or by gift, purchase
or otherwise for local public purposes; and
(g) all
streets and the pavements, stones and other materials thereof,
and also all trees, erections, materials, implements, and
things existing on or appertaining to
streets.
109.Application of cantonment fund and
property:-The cantonment fund and all property vested in a
{Subs.by Act 24 of 1936, s.69, for " Cantonment Authority ".}
[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 the {Subs.by Act 24 of 1936,
s.69, for " Cantonment Authority ".} [Board]:
Provided
that the {Subs.by Act 24 of 1936, s.69, for " Cantonment
Authority ".} [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 the {Subs., ibid., for
" L.G."} [Central Government], and
(b) on such terms
and conditions as the {Subs., ibid., for " L.G."} [Central
Government] may impose:
Provided, further, that
priority shall be given in the order hereinafter set forth to
the following liabilities and obligations of a {Subs.by Act 24
of 1936, s.69, for " Cantonment Authority ".} [Board], that is
to say,-
(a) to the liabilities and obligations arising
from a trust legally imposed upon or accepted by the {Subs.by
Act 24 of 1936, s.69, for " Cantonment Authority ".}
[Board];
(b) to the repayment of, and the payment of
interest on, any loan incurred under the provisions of the
Local Authorities Loans Act, 1914;
(c) to the payment
of.establishment charges;
(d) to the payment of such
expenses on account of pauper lunatics sent from the
cantonment to public lunatic asylums and mental hospitals as
the {Subs., ibid., for " L.G."} [Central Government] directs
the {Subs.by Act 24 of 1936, s.69, for " Cantonment Authority
".} [Board] to pay; and
(e) to the payment of any sum
the payment of which is expressly required by the provisions
of this Act or any rule or bye-law made
thereunder.
110.Acquisition of immovable property:-When
there is any hindrance to the permanent or temporary
acquisition upon payment of any land required by a {Subs.by
Act 24 of 1936, s.69, for " Cantonment Authority ".} [Board]
for the purposes of this Act, the {Subs.by the A.O.1937, for "
L.G."} [Central Government] may, at the request of the
{Subs.by Act 24 of 1936, s.69, for " Cantonment Authority ".}
[Board], {Subs., ibid., for " proceed to acquire it ".}
[procure the acquisition thereof] under the provisions of the
Land Acquisition Act, 1894, and on payment by the {Subs.by Act
24 of 1936, s.69, for " Cantonment Authority ".} [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 the {Subs.by Act 24 of 1936, s.69, for
" Cantonment Authority ".} [Board].
111.Power to make
rules regarding cantonment fund and property:-The Central
Government may make rules {For the Cantonment Property Rules,
1925, made under this section, see Gazette of India, 1925,
Pt.I, p.578.} consistent with this Act to provide for all or
any of the following matters, namely:-
(a) the
conditions on which property may be acquired by {Subs.by Act
24 of 1936, s.69, for " Cantonment Authorities".} [Boards] or
on which property vested in a {Subs.by Act 24 of 1936, s.69,
for " Cantonment Authority ".} [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.
CHAPTER
VII
CONTRACTS
112.Contracts by whom to be
executed:-Subject to the provisions of this Chapter, every
{Subs.by Act 24 of 1936, s.69, for " Cantonment Authority ".}
[Board] shall be competent to enter into and perform any
contract necessary for the purposes of this
Act.
113.Sanction:-(1) Every contract-
(a) for
which budget provision does not exist, or
(b) which
involves a value or amount exceeding {Subs.by Act 2 of 1954,
s.14, for " one hundred rupees".} [two hundred
rupees],
shall require the sanction of the {Subs.by Act
24 of 1936, s.69, for " Cantonment Authority ".}
[Board].
(2) Every contract other than a contract such
as is referred to in sub-section (1) shall be sanctioned by
the {Subs, by Act 24 of 1936, s.69, for " Cantonment Authority
".} [Board] or by the Executive Officer on behalf of the
{Subs, by Act 24 of 1936, s.69, for " Cantonment Authority ".}
[Board].
114.Execution of contracts:-(1) Every contract
made by or on behalf of a {Subs, by Act 24 of 1936, s.69, for
" Cantonment Authority ".} [Board] the value or amount of
which exceeds {Subs.by Act 2 of 1954, s.15, for " fifty rupees
".} [one hundred rupees], shall be in writing, and every such
contract shall, {The words " where there is a Board " were
rep.by Act 24 of 1936, s.36.} 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, {The words " or, where there is no
Board, be signed by the Officer Com manning the station and be
sealed with the official seal of the Cantonment Authority "
were rep.by s.36 ibid.}:
Provided that {The words "
where there is a Board " were rep.by Act 24 of 1936, s.36.}
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 exceed {Subs.by Act 2 of 1954, s.15, for " two
hundred rupees".} [five hundred rupees].
(2) Where an
Executive Officer executes a contract on behalf of a Board
under sub-section (1), he shall submit a report of his action
and of the reasons therefor to the Board at its next
meeting.
115.Contracts improperly executed not to be
binding on a Board.-If any contract is executed by or on
behalf of a {Subs, by Act 24 of 1936, s.69, for " Cantonment
Authority ".} [Board] otherwise than in conformity with the
provisions of this Chapter, it shall not be binding on the
{Subs, by Act 24 of 1936, s.69, for " Cantonment Authority ".}
[Board].
CHAPTER VIII
DUTIES AND
DISCRETIONARY FUNCTIONS OF [BOARDS]
{Subs.by Art 24
of 1936, s.69, for "Cantonment
Authorities".}
116.Duties of Board.-It shall be the
duty of every {Subs, by Act 24 of 1936, s.69, for " Cantonment
Authority ".} [Board], so far as the funds at its disposal
permit, to make reasonable provision within the cantonment
for- (a) lighting streets and other public
places;
(b) watering streets and other public
places;
(c) cleansing streets, public places and
drains, abating nuisances and removing noxious
vegetation;
(d) regulating offensive, dangerous or
obnoxious trades, calling.and practices;
(e) removing,
on the ground of public safety, health or convenience,
undesirable obstructions and projections in streets and other
public places;
(f) securing or removing dangerous
buildings and places;
(g) acquiring, maintaining,
changing and regulating places for the disposal of the
dead;
(h) constructing, altering and maintaining
streets, culverts markets, slaughter-houses, latrines,
privies, urinals, drains drainage works and sewerage
works;
(i) planting and maintaining trees on roadsides
and other public places;
(j) providing or arranging for
a sufficient supply of pure and wholesome water, where such
supply does not exist guarding from pollution water used for
human consumption, and preventing polluted water from being so
used;
(k) registering births and deaths;
(I)
establishing and maintaining a system of public
vaccination
(m) establishing and maintaining or
supporting public hospital and dispensaries, and providing
public medical relief;
(n) establishing and maintaining
{Ins.by Act 24 of 1936, s.37.} [or assisting] primary
schools;
(o) rendering assistance in extinguishing
fires, and protecting life and property when fires
occur;
(p) maintaining and developing the value of
property vested in or entrusted to the management of, the
{Subs.by s.69, ibid., for " Cantonment Authority".} [Board];
and
(q) fulfilling any other obligation imposed upon it
by or under this Act or any other law for the time being in
force.
{Ins.by Act 7 of 1925, s.6.} [116A.Power to
manage property:-A {Subs.by s.69, ibid., for " Cantonment
Authority".} [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 on rents and profits accruing from such property as
may be determined by rule made under section
280.]
117.Discretionary functions of Board:- {S.117 was
re-numbered as such-section (1) of that section by Act 15 of
1942, s.9.} [(1)] A {Subs.by s.69, ibid., for " Cantonment
Authority".} [Board] may, within the cantonment, make proviso
for-
(a) laying out in areas, whether previously built
upon or no new streets, and acquiring land for that purpose
and for the construction of buildings, and compounds of
buildings, to abut on such streets;
(b) constructing,
establishing or maintaining 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 by measures other than the establishment and
maintenance of primary schools;
(e) taking a census and
granting rewards for information which may tend to secure the
correct registration of vital statistics;
(f) making a
survey;
(g) giving relief on the occurrence of local
epidemics by the establishment or maintenance of relief works
or otherwise;
(h) securing or assisting to secure
suitable places for the carrying on of any offensive,
dangerous or obnoxious trade, calling or
occupation;
(i) establishing and maintaining a farm or
other place for the disposal of sewage;
(j)
constructing, subsidising or guaranteeing tramways or other
means of locomotion, and electric lighting or electric power
works; {Ins.by Act 15 of 1942, s.9.} [or]
(k) adopting
any measure, other than a measure specified in section 116 or
in the foregoing provisions of this section, likely to promote
the safety, health or convenience of the inhabitants of the
cantonment ; {The word " or" was rep., ibid.}
{Cl.(l)
was omitted, ibid.}
{Ins.by s.9, ibid.} [(2) A Board
may, either within or outside the cantonment, make provision
for the doing of anything on which expenditure is declared by
the Central Government, or by the Board with the sanction of
the Central Government, to be an appropriate charge on the
cantonment fund.]
{Ins by Act 85 of 1926, s.86.}
[117A.A {Subs.by Act 24 of 1936, s.69, for " Cantonment
Authority ".} [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.]
CHAPTER IX
PUBLIC SAFETY AND
SUPPRESSION OF NUISANCES
General
nuisances
118.Penalty for causing 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 wound;
or
(vi) carries meat exposed to public view;
or
(vii) is found gaming; or
(viii) pickets
animals, or collects carts; or
(ix) being engaged in
the removal of night-soil or other offensive matter or
rubbish, willfully or negligently permits any portion thereof
to spill or fall, or neglects to sweep away or otherwise
effectually to remove any portion thereof which may spill or
fall in such street or place; or
(x) without proper
authority affixes upon any building, monument, post, wall,
fence, tree or other thing, any bill, notice or other
document; or
(xi) without proper authority defaces or
writes upon or otherwise marks any buildings monument,
post.wall, fence, tree or other thing; or
(xii) without
proper authority removes, destroys, defaces or otherwise
obliterates any notice or other document put up or exhibited
under this Act; or
(xiii) without proper authority
displaces, damages, or makes any alteration in, or otherwise
interferes with, the pavement, gutter, stormwater-drain, flags
or other materials of any such street, or any lamp, bracket,
direction-post, hydrant or water-pipe maintained by the
{Subs.by Act 24 of 1936, s.69, for "Cantonment Authority".}
[Board] in any such street or public place, or extinguishes a
public light; or
(xiv) carries any corpse not decently
covered or without taking due precautions to prevent risk of
infection or injury to the public health or annoyance to
passers-by or to persons dwelling in the neighborhood;
or
(xv) carries night-soil or other offensive matter or
rubbish at any hour prohibited by the {Subs.by Act 24 of 1936,
s.69, for "Cantonment Authority".} [Board] by public notice ,
or in any pattern of cart or receptacle which has not been
approved for the purpose by the {Subs.by Act 24 of 1936, s.69,
for "Cantonment Authority".} [Board], or fails to close such
cart or receptacle when in use; or
(b) carries
night-soil or other offensive matter or rubbish along any
route in contravention of any prohibition made in this behalf
by the {Subs.by Act 24 of 1936, s.69, for "Cantonment
Authority".} [Board] by public notice; or (c) deposits, or
causes or permits to be deposited, earth or materials of any
description, or any offensive matter or rubbish, in any place
not intended for the purpose in any street or other public
place or waste or unoccupied land under the management of the
{Subs.by Act 24 of 1936, s.69, for "Cantonment Authority".}
[Board]; or
(d) having charge of a corpse fails to
bury, burn or otherwise lawfully dispose of the same within
twenty-four hours after death; or
(e) makes any grave
or buries or burns any corpse in any place not set apart for
such purpose; or
(f) keeps or uses, or knowingly
permits to be kept or used, any place as a common gaming
house, or assists in conducting the business of any common
gaming house; or
(g) at any time or place at which the
same has been prohibited by the {Subs.by Act 24 of 1936, s.69,
for "Cantonment Authority".} [Board] by public notice, beats a
drum or tom-tom, or blows a horn or trumpet, or beats any
utensil, or sounds any brass or other instrument, or plays any
music; or
(h) disturbs the public peace or order by
singing, screaming or shouting; or
(I) lets loose any
animal so as to cause, or negligently allows any animal to
cause, injury, danger, alarm or annoyance to any person;
or
(j) being the occupier of any building or land in or
upon which an animal dies, neglects within three hours of the
death of the animal, or, if the death occurs at night, within
three hours after sunrise, either-
(I) to report the
occurrence to the Executive Officer or to an officer, if any,
appointed by him in this behalf with a view to securing the
removal and disposal of the carcass by the public conservancy
establishment; or
(ii) to remove and dispose of the
carcass in accordance with any general directions given by the
{Subs.by Act 24 of 1936, s.69, for "Cantonment Authority".}
[Board] by public notice or any special directions given by
the Executive Officer on receipt of such report as aforesaid;
or
(k) save with the written permission of the {Subs.by
Act 24 of 1936, s.69, for "Cantonment Authority".} [Board] and
in such manner as it may authorise, stores or uses night-soil,
manure, rubbish or any other substance emitting an offensive
smell; or
(l) uses or permits to be used as a latrine
any place not intended for that purpose;
shall be
punishable with fine which may extend to fifty
rupees.
(2) Whoever does not take reasonable means to
prevent any child under the age of twelve years being in his
charge from easing himself in any street or other public place
within the cantonment shall be punishable with fine which may
extend to twenty-five rupees.
(3) The owner or keeper
of any animal found picketed or straying without a keeper in a
street or other public place in a cantonment shall be
punishable with fine which may extend to twenty
rupees.
(4) Any animal found picketed {Ins.by Act 2 of
1954, s.16.} [or straying] as aforesaid may be removed by any
officer or servant of the {Subs.by Act 24 of 1936, s.69, for
"Cantonment Authority".} [Board] or by any police officer to a
pound {The words "as if the animal had been found straying"
were omitted, ibid.}
Dogs
119.Registration and
control of dogs:- (1) A {Subs.by Act 24 of 1936, s.69, for
"Cantonment Authority".} [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 military
unit, of all dogs kept in the lines occupied by that
unit;
(b) require that every registered dog shall wear
a collar to which shall be attached a metal 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
(d) fix the fee which shall be
charged for such detention and provide that any such dog shall
be liable to be destroyed or otherwise disposed of unless it
is claimed and the fee in respect thereof is paid within one
week;
and may provide for such other matters as the
{Subs.by Act 24 of 1936, s.69, for "Cantonment Authority".}
[Board] thinks fit.
(3) A {Subs.by Act 24 of 1936,
s.69, for "Cantonment Authority".} [Board] may-
(a)
cause to be destroyed, or to be confined for such period as
{Subs.by Act 34 of 1939, s.2 and Sch.I, for "that
Authority".}[it] may direct, any dog or other animal which is,
or is reasonably suspected to be, suffering from rabies, or
which has been bitten by any dog or other animal suffering or
suspected to be suffering from rabies;
(b) by public
direct that, after such date as may be specified in the
notice, dogs which are without collars or without marks
distinguishing them as private property and are found straying
on the owners, it any, may be destroyed, and cause them to be
destroyed accordingly.
(4) No damages shall be payable
in respect of any dog or other animal destroyed or therewise
disposed of under this section.
(5) Whoever, being the
owner or person in charge of any dog, neglects to restrain it
so that it shall not be at large in any street without being
muzzled and without being secured by a chain lead in any case
in which-
(a) he knows that the dog is likely to annoy
or intimidate any person, or
(b) the {Subs.by Act 24 of
1936, s.69, for "Cantonment Authority".}[Board] has, by public
notice during the prevalence of rabies, directed that dogs
shall not be at large without muzzles and chain
leads,
shall be punishable with fine which may extend
to one hundred rupees.
(6) Whoever in a
cantonment-
(a) allows any ferocious dog which belongs
to him or is in his charge to be at large without being
muzzled, or
(b) sets on or urges any dog or other
animal to attack, worry or intimidate any person,
or
(c) knowing or having reason to believe that any dog
or animal belonging to him or in his charge has been bitten by
an animal suffering or reasonably suspected to be suffering
from rabies, neglects to give immediate information of the
fact to the Executive Officer or gives information which is
false,
shall be punishable with fine which may extend
to two hundred rupees.
Traffic
120.Rule of the
road:-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.
Prevention of fire,
etc.
121.Use of inflammable materials for building
purposes:-(1) A {Subs.by Act 24 of 1936, s.69, for "Cantonment
Authority".} may, by public notice, direct that within such
limits I the cantonment as may be specified in the notice, the
roofs and external walls of huts or other buildings shall not,
without the permission I writing of the {Subs.by Act 24 of
1936, s.69, for "Cantonment Authority".} [Board], be made or
renewed of grass, mats, leaves or other inflammable materials,
and may, by notice I 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) A {Subs.by
Act 24 of 1936, s.69, for "Cantonment Authority".} [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 the {Subs.by Act 24 of 1936, s.69, for "Cantonment
Authority".} [Board] or before the issue of such public
notice:
Provided that, in the case of any such roof or
wall in existence before the issue of such a public notice or
made with the consent of the {Subs.by Act 24 of 1936, s.69,
for "Cantonment Authority".} that Authority{Sic.The reference
is obviously to the Board.} shall make compensation, not
exceeding the original cost of constructing the roof or wall,
for any damage caused by the removal.
122.Stacking or
collecting inflammable materials:-A.{Subs.by Act 24 of 1936,
s.69, for "Cantonment Authority".} [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.
123.Care of naked lights:- 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 use, subject to the
permission in writing of the{Subs.by Act 24 of 1936, s.69, for
"Cantonment Authority".} [Board], of lights for purposes of
illumination on the occasion of a festival or public or
private entertainment.
124.Regulation of
cinematographer and dramatic performances:-(1) Notwithstanding
anything contained in the Cinematograph Act, 1918, 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 performance
or pantomime, shall be given in any cantonment, elsewhere than
in premises for which a licence has been granted by the
{Subs.by Act 24 of 1936, s.69, for "Cantonment Authority".}
[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 performance or pantomime, in contravention of the
provisions of this section, or if the occupier of any premises
allows them to be used in contravention of the provisions of
this section or of any condition of any licence granted under
this section, he shall be punishable with fine which may
extend to two hundred rupees, and, in the case of a continuing
offence, with an additional fine which may extend to fifty
rupees for each day after the first during which the offence
continues.
(3) Nothing in this section shall be deemed
to prohibit the giving of any exhibition or any dramatic
performance or pantomime in any theater or institute which is
the property of the Government where the exhibition,
performance or pantomime is held with the permission and under
the control of the military
authorities.
125.Discharging fire-works:-Whoever in a
cantonment discharges any fire-arm or lets off fire-works or
fire-balloons, or engages in any game in such manner as to
cause or to be likely to cause danger to persons passing by or
dwelling or working in the neighborhood or risk of injury to
property shall be liable to fine which may extend to fifty
rupees.
126.Power to require buildings, wells, etc., to
be tendered safe:-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 the {Subs.by Act 24 of 1936, s.69, for
"Cantonment Authority".} [Board], {Ins.by Act 7 of 1925, s.7}
[in a ruinous state or], for want of sufficient repairs,
protection or enclosure, {Ins.by Act 7 of 1925, s.7} [a
nuisance or] dangerous to persons passing by or dwelling or
working in the neighborhood, the {Subs.by Act 24 of 1936,
s.69, for "Cantonment Authority".} [Board] {Subs.by Act 8 of
1944, s.6, for "may, by notice in writing".}[by notice in
writing may], require the owner {Ins.by Act 24 of 1936, s.38.}
[or part-owner or person claiming to be the owner or part
owner thereof, or, failing any of them, the occupier] thereof
{Subs.by Act 8 of 1944, s.6, for "either to remove the same or
to repair".} [to remove the same or may require him to
repair], {Subs.by Act 24, of 1936, s.38, for "protect or
enclose".} [or to protect or to enclose] the same in such
manner as it thinks necessary; and if the danger is, in the
opinion of the {Subs.by Act 24 of 1936, s.69, for "Cantonment
Authority".} [Board], imminent, it shall forthwith take such
steps as it thinks necessary to avert the
same.
127.Enclosure of waste land used for improper
purposes:- A {Subs.by Act 24 of 1936, s.69, for "Cantonment
Authority".} [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 resort 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. |