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LAWGIST

The Cantonments Act

An Act to consolidate and amend the law relating to the administration of cantonments with a view to impart greater democratisation, improvement of their financial base to make provisions for developmental activities and for matters connected therewith or incidental thereto.
2006
List of Chapters & Sections
PRELIMINARY DEFINITION AND DELIMITAITON OF CONTONMENT Boards Elections Members Employees Procedure Control Validity of proceedings DUTIES AND DISCRETIONARY FUNCTIONS OF BOARDS Imposition of taxation Assessment list Remission and refund Charge on immovable property Octroi, terminal tax and toll Appeals Payment and recovery of taxes Special provisions relating to taxation, etc. Cantonment fund and cantonment development fund Property CONTRACTS Sanitary authorities Conservancy and sanitation Burial and burning grounds Prevention of infectious, contagious or communicable diseases Hospitals and dispensaries Control of traffic for hygienic purposes Special conditious regarding essential services Water-supply Water, drainage and other connections Application of this Chapter to Government water-supplies Miscellaneous TOWN PLANNING AND CONTROL OVER BUILDING, ETC. Streets MARKET, SLAUGHTER-HOUSES, TRADES AND OCCUPATIONS Trades and occupations General provisions Entry, inspection and seizure Import of cattle and flesh SPIRITUOUS LIQUORS AND INTROXICATING DRUGS General Nuisances Dogs Traffic Prevention of fire, etc. REMOVAL AND EXCLUSION FROM CANTONMNETS AND SUPPRESSION OF SEXUAL IMMORALITY Entry and inspection Powers and duties of police officers Notices Recovery of Money Committees of Arbitration Prosecutions General Penalty Provisions Limitation Suits Appeals and Revision RULES AND BYE-LAWS SUPPLEMENTAL PROVISIONS

  1. PRELIMINARY

  2. 1
     Short title, extent and commencement
  3. 2
     Definitions

  • DEFINITION AND DELIMITAITON OF CONTONMENT

  • 3
     Definition of cantonments
  • 4
     Alteration of limits of cantonments
  • 5
     The effect of including area in cantonment
  • 6
     Disposal of cantonment fund and cantonment development fund when area ceases to be a cantonment
  • 7
     Disposal of cantonment fund and cantonment development fund when area ceases to be included in a cantonment
  • 8
     Application of funds and property transferred under sections 6 and 7
  • 9
     Limitation of operation of Act

  • Boards

  • 10
     Cantonment Board
  • 11
     Incorporation of Cantonment Board
  • 12
     Constitution of Cantonment of Boards
  • 13
     Power to vary constitution of Boards in special circumstances
  • 14
     Term of office of members
  • 15
     Filling of vacancies
  • 16
     Vacancies in special cases
  • 17
     Oath or affirmation
  • 18
     Resignation
  • 19
     President and Vice-President
  • 20
     Term of office of Vice-President
  • 21
     Duties of President
  • 22
     Duties of Vice-President
  • 23
     Allowances to Vice-President and members
  • 24
     Appointment of Chief Executive Officer
  • 25
     Duties of Chief Executive Officer
  • 26
     Special power of Chief Executive Officer

  • Elections

  • 27
     Electoral rolls
  • 28
     Qualification of electors
  • 29
     Qualification for being a member of the Board
  • 30
     Interpretation
  • 31
     Power to make rules regulating elections

  • Members

  • 32
     Member not to vote on matter in which he is interested
  • 33
     Liability of members
  • 34
     Removal of members
  • 35
     Consequences of removal
  • 36
     Member of the Board to be deemed a public servant

  • Employees

  • 37
     Disqualification of person as an employee of Board
  • 38
     Cantonment employee to be deemed a public servant

  • Procedure

  • 39
     Meetings
  • 40
     Business to be transcted
  • 41
     Quorum
  • 42
     Presiding Officer
  • 43
     Minutes
  • 44
     Meetings to be public
  • 45
     Method of deciding questions
  • 46
     Civil area
  • 47
     Committees for civil areas
  • 48
     Power to make regulations
  • 49
     Joint action with other local authority
  • 50
     Report on administration

  • Control

  • 51
     Power of Central Government to require production of documents
  • 52
     Inspection
  • 53
     Power to call for documents
  • 54
     Power to require execution of work, etc
  • 55
     Power to provide for enforcement of direction under section 54
  • 56
     Power to override decision of Board
  • 57
     Power of Central Government to review
  • 58
     Power of General Officer Commanding-in-Chief, the Command, on reference under section 56 or otherwise
  • 59
     Power of Central Government on a reference made under section 56
  • 60
     Supersession of Board

  • Validity of proceedings

  • 61
     Validity of proceedings, etc

  • DUTIES AND DISCRETIONARY FUNCTIONS OF BOARDS

  • 62
     Duties of Board
  • 63
     Power to manage property
  • 64
     Discretionary functions of Board
  • 65
     Power of expenditure of educational, health and other purposes outside the cantonment

  • Imposition of taxation

  • 66
     General power of taxation
  • 67
     Charging of fees
  • 68
     Norms of property tax
  • 69
     Framing of preliminary proposals
  • 70
     Objections and disposal thereof
  • 71
     Imposition of tax
  • 72
     Power of Central Government to issue directions to the Board
  • 73
     Definition of “annual rateable value”
  • 74
     Incidence of taxation

  • Assessment list

  • 75
     Assessment list
  • 76
     Revision of assessment list
  • 77
     Authentication of assessment list
  • 78
     Evidential value of assessment list
  • 79
     Amendment of assessment list
  • 80
     Preparation of new assessment list
  • 81
     Notice of transfers
  • 82
     Notice of erection of buildings

  • Remission and refund

  • 83
     Demolition, etc., of buildings
  • 84
     Remission of tax
  • 85
     Power to require entry in assessment list of details of buildings
  • 86
     Notice to be given of the circumstances in which remission or refund is claimed
  • 87
     What buildings, etc., are to be deemed vacant
  • 88
     Notice to be given of every occupation of vacant building or house

  • Charge on immovable property

  • 89
     Tax on buildings and land to be a charge thereon

  • Octroi, terminal tax and toll

  • 90
     Inspection of imported goods, octroi, terminal tax and toll, etc
  • 91
     Power to seize, etc
  • 92
     Lease of octroi, terminal tax or toll

  • Appeals

  • 93
     Appeals against assessment
  • 94
     Costs of appeal
  • 95
     Recovery of costs from Board
  • 96
     Conditions of right to appeal
  • 97
     Finality of appellate orders

  • Payment and recovery of taxes

  • 98
     Time and manner of payment of taxes
  • 99
     Public notice for taxes due
  • 100
     Notice of demand
  • 101
     Recovery of tax
  • 102
     Interest payable on taxes due
  • 103
     Distress
  • 104
     Disposal of distrained property
  • 105
     Attachment and sale of immovable property
  • 106
     Recovery from a person about to leave cantonment and refund of surplus sale proceeds, if any
  • 107
     Power to institute suit for recovery

  • Special provisions relating to taxation, etc.

  • 108
     Board to be a Municipality for taxation purposes
  • 109
     Payment to be made to a Board as service charges by Central Government or State Government
  • 110
     Power to be make special provision for conservancy in certain cases
  • 111
     Exemption in case of buildings
  • 112
     General power of exemption
  • 113
     Exemption of poor persons
  • 114
     Composition
  • 115
     Irrecoverable debts
  • 116
     Obligation to disclose liability
  • 117
     Immaterial error not to affect liability
  • 118
     Distraint not to be invalid by reason of immaterial defect

  • Cantonment fund and cantonment development fund

  • 119
     Cantonment fund and cantonment development fund
  • 120
     Custody of cantonment fund and cantonment development fund
  • 121
     Power of Board to borrow money

  • Property

  • 122
     Property
  • 123
     Application of cantonment fund, cantonment development fund and property
  • 124
     Acquisition of immovable property
  • 125
     Power to make rules regarding cantonment fund, cantonment development fund and property

  • CONTRACTS

  • 126
     Contracts by whom to be executed
  • 127
     Sanction
  • 128
     Execution of contract
  • 129
     Contracts improperly executed not to be binding on a Board

  • Sanitary authorities

  • 130
     Responsibility for sanitation
  • 131
     General duties of Health Officer

  • Conservancy and sanitation

  • 132
     Public latrines, urinals and conservancy establishments
  • 133
     Duty of occupier to collect and desposit rubbish, etc
  • 134
     Power of Board to undertake private conservancy arrangement
  • 135
     Deposits and disposal of rubbish, etc
  • 136
     Cesspools, receptacles, for filth, etc
  • 137
     Filling up of tank, etc
  • 138
     Provision of latrines, etc
  • 139
     Sanitation in factories, etc
  • 140
     Private latrines
  • 141
     Special provisions for collection of rubbish and solid waste management
  • 142
     Removal of congested buildings
  • 143
     Overcrowding of dwelling houses
  • 144
     Power to require repair or alternation of building
  • 145
     Power to require land or building to be cleansed
  • 146
     Prohibition in respect of air pollutant
  • 147
     Power to order disuse of house
  • 148
     Removal of noxious vegetation
  • 149
     Agriculture and irrigation

  • Burial and burning grounds

  • 150
     Power to call for information regarding burial and burning grounds
  • 151
     Permission for use of new burial or burning ground
  • 152
     Power to require closing of burial or burning ground
  • 153
     Exemption from operation of sections 150 to 152
  • 154
     Removal of corpses

  • Prevention of infectious, contagious or communicable diseases

  • 155
     Obligation concerning infectious, contagious o communicable diseases
  • 156
     Blood Bank
  • 157
     Special measures in case of outbreak of infectious or epidemic diseases
  • 158
     Power to require names of a dairyman‟s customers
  • 159
     Power to require names of a washerman‟s customers
  • 160
     Power to require names of patients or customers of a medical practitioner or paramedical workers
  • 161
     Report after inspection of dairy or washerman or medical practitioner‟s place of business
  • 162
     Action on report submitted by Health Officer
  • 163
     Examination of milk, washed clothes or needles, syringes, etc
  • 164
     Contamination of public conveyance
  • 165
     Disinfection of public conveyance
  • 166
     Penalty for failure to report
  • 167
     Driver of conveyance not bound to carry person suffering from infectious or contagious disease
  • 168
     Disinfection of building or articles therein
  • 169
     Destruction of infectious hut or shed
  • 170
     Temporary shelter for inmates of disinfected or destroyed buildings or shed
  • 171
     Disinfection of building before letting the same
  • 172
     Disposal of infected article without disinfection
  • 173
     Means of disinfection
  • 174
     Marking or selling of food, etc., or washing clothes by infected person
  • 175
     Power to restrict or prohibit sale of food or drink
  • 176
     Control over wells, tanks, etc
  • 177
     Disposal of infectious corpse

  • Hospitals and dispensaries

  • 178
     Maintenance or aiding of hospitals or dispensaries
  • 179
     Medical supplies, appliances, etc
  • 180
     Free patients
  • 181
     Paying patients
  • 182
     Power to order person to attend hospital or dispensary
  • 183
     Power to exclude from cantonment persons refusing to attend hospital or dispensary

  • Control of traffic for hygienic purposes

  • 184
     Routes for pilgrims and others

  • Special conditious regarding essential services

  • 185
     Conditions of service of Safai Karamcharis and others

  • Water-supply

  • 186
     Maintenance of water-supply
  • 187
     Terms of water-supply
  • 188
     Board to carry out survey and formulate proposals
  • 189
     Control over sources of public water-supply
  • 190
     Power to require maintenance or closing of private source of public drinking water-supply
  • 191
     Supply of water
  • 192
     Power to require water-supply to be taken
  • 193
     Supply of water under agreement
  • 194
     Board not liable for failure of supply
  • 195
     Conditions of universal application
  • 196
     Supply to persons outside cantonment
  • 197
     Penalty

  • Water, drainage and other connections

  • 198
     Power of Board to lay wires, connections, etc
  • 199
     Wires, etc., laid above surface of ground
  • 200
     Connection with main not be made without permission
  • 201
     Power to prescribe ferrules and establish meters, etc
  • 202
     Power of inspection
  • 203
     Power to fix rates and charges

  • Application of this Chapter to Government water-supplies

  • 204
     Government water-supply
  • 205
     Water supply for domestic consumption
  • 206
     Recovery of charges
  • 207
     Supply of water from Government water-supply to the Board
  • 208
     Functions of the Board in relation to distribution of bulk supply
  • 209
     Special provisions concerning drainage and sewage
  • 210
     Construction of and control of drains and sewage collection and disposal works
  • 211
     Certain matters not to be passed into cantonments drains
  • 212
     Application by owners and occupiers to drain into cantonment drains
  • 213
     Drainage of undrained premises
  • 214
     New premises not be erected without drains
  • 215
     Power to drain group or block of premises by combined operations
  • 216
     Power to close or limit the use of private drains in certain cases
  • 217
     Use of drain by a person other than the owner
  • 218
     Sewage and rain water drains to be distinct
  • 219
     Power to require owner to carry out certain works for satisfactory drainage
  • 220
     Appointment of places for the emptying of drains and collection of sewage

  • Miscellaneous

  • 221
     Connection with water works and drains not to be made without permission
  • 222
     Buildings, railways and private streets not to be erected or constructed over drains or water works without permission
  • 223
     Rights or user of property for aqueducts, lines, etc
  • 224
     Power of owner of premises to place pipes and drains through land belonging to other persons
  • 225
     Power to require railway level, etc., to be raised or lowered
  • 226
     Power to execute work after giving notice to the person liable
  • 227
     Power to affix shafts, etc., for ventilation of drain or cesspool
  • 228
     Power to examine and test drains, etc., believed to be defective
  • 229
     Bulk delivery of sewage by the Board
  • 230
     Employment of Government agencies for repair, etc
  • 231
     Works to be done by licensed plumber
  • 232
     Prohibition of certain acts

  • TOWN PLANNING AND CONTROL OVER BUILDING, ETC.

  • 233
     Preparation of land use plan
  • 234
     Sanction for building
  • 235
     Notice of new buildings
  • 236
     Conditions of valid notice
  • 237
     Powers of Board under certain sections exercisable by Chief Executive Officer
  • 238
     Power of Board to sanction or refuse
  • 239
     Order of stoppage of building or works in certain cases and disposal of things removed
  • 240
     Power to sanction general scheme for prevention of overcrowding, etc
  • 241
     Compensation
  • 242
     Completion notice
  • 243
     Lapse of sanction
  • 244
     Restrictions on use of buildings
  • 245
     Period for completion of building
  • 246
     Completion certificate
  • 247
     Illegal erection and re-erection
  • 248
     Power to stop erection or re-erection or to demolish
  • 249
     Power to seal unauthorised constructions
  • 250
     Courts not to entertain proceedings in certain cases
  • 251
     Power to make bye-laws
  • 252
     Prohibition of structures or fixtures which cause obstruction in streets
  • 253
     Unauthorised buildings over drains, etc
  • 254
     Drainage and sewer connections
  • 255
     Power to attach brackets for lamps and other accessories
  • 256
     Maintenance of Roads

  • Streets

  • 257
     Temporary occupation of street, land, etc
  • 258
     Closing and opening of streets
  • 259
     Names of streets and numbers of buildings
  • 260
     Group Housing Schemes
  • 261
     Boundary walls, hedges and fences
  • 262
     Felling, lopping and trimming or trees
  • 263
     Digging of public land
  • 264
     Improper use of land

  • MARKET, SLAUGHTER-HOUSES, TRADES AND OCCUPATIONS

  • 265
     Public markers and slaughter-houses
  • 266
     Use of public market
  • 267
     Power to transfer by public auction, etc
  • 268
     Stallages, rents, etc., to be published
  • 269
     Private markets and slaughter-houses
  • 270
     Conditions of grant of licence for private market or slaughter-house
  • 271
     Penalty for keeping market or slaughter-house open without licence, etc
  • 272
     Penalty for using unlicensed market or slaughter-house
  • 273
     Prohibition and restriction of use of slaughter-house
  • 274
     Power to inspect slaughter-houses
  • 275
     Power to regulate certain activities

  • Trades and occupations

  • 276
     Provision of washing places
  • 277
     Licences required for carrying on of certain occupations
  • 278
     Power to stop use of premises used in contravention of licences
  • 279
     Conditions which may be attached to licences

  • General provisions

  • 280
     Power to vary licence
  • 281
     Carrying on trade, etc., without licence or in contravention of section 280
  • 282
     Feeding animals on dirt, etc

  • Entry, inspection and seizure

  • 283
     Powers of entry and seizure

  • Import of cattle and flesh

  • 284
     Import of cattle and flesh

  • SPIRITUOUS LIQUORS AND INTROXICATING DRUGS

  • 285
     Unauthorised sale of spirituous liquor or intoxicating drug
  • 286
     Unauthorised possession of spirituous liquor
  • 287
     Arrest of persons and seizure and confiscation of things for offences against the two last foregoing sections
  • 288
     Saving of articles sold or supplied for medicinal purposes

  • General Nuisances

  • 289
     Penalty for causing nuisances

  • Dogs

  • 290
     Registration and control of dogs

  • Traffic

  • 291
     Traffic rule of the road

  • Prevention of fire, etc.

  • 292
     Use of inflammable materials for buildings purposes
  • 293
     Stacking or collecting inflammable materials
  • 294
     Care of naked lights
  • 295
     Regulation of cinematographic and dramatic performances
  • 296
     Discharging fire-works, fire-arms, etc
  • 297
     Power to require buildings, wells, etc., to be rendered safe
  • 298
     Enclosure of wasteland used for improper purposes

  • REMOVAL AND EXCLUSION FROM CANTONMNETS AND SUPPRESSION OF SEXUAL IMMORALITY

  • 299
     Power to remove brothels and prostitutes
  • 300
     Penalty for loitering and importuning for purposes of prostitution
  • 301
     Removal of persons from cantonment
  • 302
     Removal and exclusion from cantonment of disorderly persons
  • 303
     Removal and exclusion from cantonment of seditious persons
  • 304
     Penalty

  • Entry and inspection

  • 305
     Powers of entry
  • 306
     Power of inspection by member of a Board
  • 307
     Power of inspection, etc
  • 308
     Power to enter land, adjoining land where work is in progress
  • 309
     Breaking into premises
  • 310
     Entry to be made in the day time
  • 311
     Owner‟s consent ordinarily to be obtained
  • 312
     Regard to be had to social and religious usages
  • 313
     Penalty for obstruction

  • Powers and duties of police officers

  • 314
     Arrest without warrant
  • 315
     Duties of police officers

  • Notices

  • 316
     Notices to fix reasonable time
  • 317
     Authentication and validity of notices issued by Board
  • 318
     Service of notice, etc
  • 319
     Method of giving notice
  • 320
     Powers of Board in case of non-compliance with notice, etc
  • 321
     Occupier not to obstruct owner when complying with notice

  • Recovery of Money

  • 322
     Liability of occupier to play in default of owner
  • 323
     Relief to Agents and Trustees
  • 324
     Method of recovery

  • Committees of Arbitration

  • 325
     Application for a Committee of Arbitration
  • 326
     Procedure for convening Committee of Arbitration
  • 327
     Constitution of the Committee of Arbitration
  • 328
     No person to be nominated who has direct interest or whose services are not immediately available
  • 329
     Meetings and powers of Committee or Arbitration
  • 330
     Decisions of Committee of Arbitration

  • Prosecutions

  • 331
     Prosecutions
  • 332
     Composition of offence

  • General Penalty Provisions

  • 333
     General penalty
  • 334
     Offences by companies
  • 335
     Cancellation or suspension of licences, etc
  • 336
     Recovery of amount payable in respect of damage to cantonment property

  • Limitation

  • 337
     Limitation for prosecution

  • Suits

  • 338
     Protection of action of Board, etc
  • 339
     Notice to be given of suits

  • Appeals and Revision

  • 340
     Appeals from executive orders
  • 341
     Petition of Appeal
  • 342
     Suspension of Action Pending Appeal
  • 343
     Revision
  • 344
     Finality of the Appellate Orders
  • 345
     Right of appellant to be heard

  • RULES AND BYE-LAWS

  • 346
     Power to make rules
  • 347
     Supplemental provisions respecting rules
  • 348
     Power to make bye-laws
  • 349
     Penalty for breach of bye-laws
  • 350
     Supplemental provisions regarding bye-laws and regulations
  • 351
     Rules and bye-laws to be available for inspection and purchase

  • SUPPLEMENTAL PROVISIONS

  • 352
     Extension of certain provisions of the Act and rules to place beyond cantonments
  • 353
     Power to delegate functions to the President, etc
  • 354
     Registration
  • 355
     Validity of notices and other documents
  • 356
     Admissibility of document or entry as evidence
  • 357
     Evidence by officer or employee of the Board
  • 358
     Application of Act 4 of 1899
  • 359
     Power to remove difficulties
  • 360
     Repeals and savings