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TypeBare Act JurisdictionCentral Government

Cantonments Act, 1924 Chapter II

Definition and Delimitation of Cantonments

~5 min read
https://sooperkanoon.com/act/12984

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About this section

Cantonments Act, 1924 Chapter II is part of Cantonments Act, 1924 - Definition and Delimitation of Cantonments. Read the section text below and explore Indian court judgments that cite it.

Research copy - verify against official government publications before filing or court use.

Section Text

(1) The1[Central Government]2[* * *] may, by notification in the Official Gazette, declare any place or places in which any part of3[the Forces] is quartered or which, being in the vicinity of any such place or places, is or are required for the service of such forces to be a cantonment for the purpose of this Act and of all other enactments for the time being in force, and4[* * *] may, by a like notification, declare that any cantonment shall cease to be a cantonment.

(2) The1[Central Government]2[***] may, by a like notification, define the limits of any cantonment for the aforesaid purposes.

5[(3) When any place is declared a cantonment for the first time, the Central Government may, until a Board is constituted in accordance with the provisions of this Act, by order make any provision which appears necessary to it either for the administration of the cantonment or for the constitution of the Board.]

6[(4) The Central Government may, by notification in the Official Gazette, direct that in any place declared a cantonment under sub-section (1) the provisions of any enactment relating to 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.]

__________________________

1. Substituted by the A.O. 1937, for "L.G.".

2. The words "with the previous sanction of the G.G. in C." rep. by the A.O. 1937.

3. Substituted by Act 15 of 1983, section 3, for "the Indian Army or the Indian Air Force" w.e.f. 1-10-1983.

4. The words "with the like saction," rep. by the A.O. 1937.

5. Inserted by Act 24 of 1936, section 3.

6. Inserted by Act 8 of 1944, section 2.

Section 4 - Alteration of limits of cantonments

(1) The1[Central Government]2[* * *] may3[after consulting the State Government and the Board concerned], by notification in the Official Gazette, declare its intention to include within4[the cantonment] any to cal area situated in the5[* * *] vicinity thereof or to exclude from4[the cantonment] any to cal area comprised therein.

(2) Any inhabitant of a cantonment or to cal area in respect of which a notification has been published under sub-section (1) may, within six weeks from the date of the notification, submit in writing to the1[Central Government] through the Officer Commanding-in-Chief, the Command, an objection to the notification and the1[Central Government] shall take such objection into consideration.

(3) On the expiry of six weeks from the date of the notification, the1[Central Government] may2[* * *] after considering the objections, if any, which have been submitted under sub-section (2), by notification in the Official Gazette, include the to cal 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.

__________________________

1. Substituted by the A.O. 1937, for "L.G.".

2. The words "with the previous sanction of the G.G. in C." rep. by the A.O. 1937.

3. Inserted by Act 2 of 1954, section 4.

4. Substituted by Act 2 of 1954, section For 4, "a cantonment".

5. The word "immediate" rep. by Act 26 of 1927, section 2.

Section 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.

Section 6 - Disposal of cantonment fund when area ceases to be a cantonment

(1) When, by a notification under section 3, any cantonment ceases to be a cantonment and the local area comprised therein is immediately placed under the control of a local authority, the balance of the cantonment fund and other property vesting in the1[Board] shall vest in such local authority, and the liabilities of the1[Board] shall be transferred to such local authority.

(2) When, in like manner, any cantonment ceases to be a cantonment and the local area comprised therein is not immediately placed under the control of a local authority, the balance of the cantonment fund and other property vesting in the1[Board] shall vest in Government, and the liabilities of the1[Board] shall be transferred to the2[the Central Government].

__________________________

1. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority".

2. Substituted. by the A.O. 1937 for "Secretary of State in Council".

Section 7 - Disposal of cantonment fund when area ceases to be included in a cantonment

(I) When, by a notification under section 4, any to cal area forming part of a cantonment ceases to be under the control of a particular1[Board] and is immediately placed under the control of some other to cal authority, such portion of the cantonment fund and other property vesting in the1[Board] and such portion of the liabilities of the1[Board], as the Central Government may, by general or special order, direct, shall be transferred to that other to cal authority.

(2) When, in like manner, any to cal area forming part of a cantonment ceases to be under the control of a particular2[Board] and is not immediately placed under the control of some other to cal authority; such portion of the cantonment fund and other property vesting in the2[Board] shall vest in Government, and such portion of the liabilities of the2[Board] shall be transferred to the3[Central Government], as the Central Government may, by general or special order, direct.

__________________________

1. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority".

2. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority".

3. Substituted by the A.O. 1937, for "Secretary of State in Council".

Section 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 a1[Board] vesting in Government under the provisions of section 6 or section 7 shall be applied in the first place to satisfy any liabilities of the1[Board] transferred under such provisions to the2[Central Government], and in the second place for the benefit of the inhabitants of the to cal area which has ceased to be a cantonment or, as the case may be, part of a cantonment.

__________________________

1. Substituted by Act 24 of 1936, section 69, for "Cantonment Authority".

2. Substituted by the A.O. 1937, for "Secretary of State in Council".

Section 9 - Limitation of operation of Act

The 1 [Central Government] may, 2 [* * *] by notification in the Official Gazette, exclude from the operation of any part of this Act the whole or any part of a cantonment, or direct that any provision of this Act shall, in the case of any cantonment-

3 [(a) situated within the limits of a Presidency-town; or

(b) in which the Board is superseded under section 54,]

apply with such modifications as may be so specified.

__________________________

1. Substituted by the A.O. 1937, for "L.G.".

2. The words "with the previous section of the G.G. in C," rep. by the A.O. 1937.

3. Substituted by Act 24 of 1936, section 4, for "specified in the notification in which there is no Board".

Frequently asked questions

What does Cantonments Act, 1924 Chapter II provide?

Section Chapter II of the Cantonments Act, 1924 (Definition and Delimitation of Cantonments) is reproduced on this page as part of the Cantonments Act, 1924. Lawyers and researchers use it to read the statutory wording before checking how courts have applied this section in reported judgments.

How do I find judgments on Cantonments Act, 1924 Chapter II?

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