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TypeBare Act JurisdictionCentral Government

Cantonments Act, 1924 Section 138

Removal of Congested Buildings

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https://sooperkanoon.com/act/13142

Section Text


(1) Where it appears to a1[Board] that any block of buildings in the cantonment is in an unhealthy condition by reason of the manner in which the buildings are crowded together, or of the narrowness or closeness of the street, or of the want of proper drainage or ventilation, or of the impracticability of cleansing the buildings or other similar cause, it may cause the block to be inspected by a committee consisting of-

(a) the Health Officer,

(b) the Civil Surgeon of the district, or, if his services are not available, some other medical officer2[in the service of the Government],

(c) the Executive Engineer or a person deputed by the Executive Engineer in this behalf, and

3[(d) Where the cantonment is a Class I or Class II cantonment, two non-official members of the Board, or where the cantonment is a Class III cantonment, one non-official member of the Board.]

(2) The committee shall make a report in writing to the1[Board] regarding the sanitary condition of the block, and, if it considers that the condition thereof is likely to cause risk of disease to the inhabitants of the building or of the neighbourhood or otherwise to endanger the public health, it shall clearly indicate on a plan verified by the Executive Engineer or the person deputed by him to serve on the committee, the buildings which should in its opinion wholly or in part be removed in order to abate the unhealthy condition of the block.

(3) If, upon receipt of such report, the1[Board] is of opinion that all or any buildings indicated should be removed, it may, by notice in writing, require the owners thereof to remove them:

Provided that the1[Board] shall make compensation to the owners for any buildings so removed which may have been erected under proper authority:

Provided, further, that the1[Board] may, if it considers it equitable in the circumstances so to do, pay to the owners such sum as it thinks fit as compensation for any buildings so removed which have been erected under proper authority.

(4) For the purposes of this section "buildings" includes enclosure, walls and fences appertaining to buildings.

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

2. Substituted by the A.O. 1937, for "of the Government".

3. Substituted by Act 24 of 1936, section 39, for the original clause.


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