Cantonments Act 1924 Complete Act - Citation 133208 - Bare Act

Act Info:

CANTONMENTS ACT, 1924

CANTONMENTS ACT, 1924

2 of 1924

16th February.1924

STATEMENT OF OBJECTS AND REASONS "A committee which was appointed by the Government of India in January 1921 to consider what changes were necessary in order to introduce into the administration of cantonments the spirit of the reformed scheme of Government, recommended a complete revision and an algamation of the Cantonments Act(Act 15 of 1910) and the Cantonment Code, 1912, in order to bring into conformity with ordinary municipal law the system under which military cantonments are administered. The recommendations of the committee have now been examined by the Government of India and the conclusions arrived at are embodied in the BiH. The main features of the Rill are as follows:- (a) It is proposed to lake power to municipalize the government of those cantonments which contain a substantial civil population having no essential connection with or dependence upon the military administration. In other cantonments where these circumstances do not fully exist the administration of contanment. Affairs will be vested in the hands of the commanding officer of the cantonment, who for the purpose of the Act, will be constituted a corporation sole. The general effect will be that the Government authority will cease to be the purely executive .agency as at present. In the larger cantonments the existing cantonment committee will be replaced by a cantonment Board which will be municipal in character and an essentially local self- Government body. (b) The reformed cantonment authorities will have a separate legal person, will be capable of suing and being sued in their own name and of making contracts. They will also be empowered to make bye-laws to govern local matters of administration which require different treatment in different contonments. (e) The cantonment fund under the reformed system will be a local fund vested in the cantonment authority. (d) In the reformed cantonments where a Board is constituted a proportion of the cantonment Board will be elected representatives of the civil inhabitants of the cantonment. An official majority will, however, be maintained. (e) The cantonment Magistrate as such such. will be eliminated. In his place an "executive officer" will be appointed. He will be paid by Government. He will perform, amongst other things, the duties of Secretary of the Board and he will have no judicinl powers or functions. (f) The Local Government will exercise certain larger powers of superintendence and control over cantonment affairs than they do at present. (g) The military authorities will retain certain special powers in matters affecting the health, welfare and discipline of troops.'' - Gazette of India, l923. Part V. p, 220. SELECT COMMITTEE REPORT 3. The non-official members of the Committee desire to express the following opinion on two questions of administration connected with the policy which the Bill seeks to introduce. They hold very strongly that the ultimate control of cantonment administration under the reformed system should be exercised by the Government of India in the Army Department, and not by any executive military authority. They also hold that the executive officer, though he may be a military officer subordinate to the Army Department, should be like the Cantonment Magistrate of the present, be an officer in civil employ. It is recongnized that it would be inappropriate to embody in the Bill provisions on these two points: but they desire it to be recorded that in agreeing to the Bill as amended, they hope that the further administrative arrangements to be made will conform to the views here expressed." * * * * * - Gazette of India, 1923, Part V, p. 270. Act 53 of 1950.- Although, armed force of the Union are stationed in cantonments within Part B States, the Cantonments Act, 1924 amdthe Camtonments (House Accommodation) Act, 1923do not apply to those States, and this has given rise to serious administrative difficulties. It is, therefore, necessary to extend both the Acts to Part B States. 2. Elections to Cantonment Boards in Part A States and Part C States were last held between July and September, 1946 and were due to be held during the same period in 1949 As the preparation of electoral rolls for Cantonment Board was linked with that of the electoral rolls for the State Legislatures and Parliament in the cantonment areas and as extensive. changes in the latter rolls were expected in view of the introduction of adult franchise, it was decided to hold in abeyance the electors in cantonments for a period of one year. 3. The life of the existing Board which was extended for a year will expire on various dates during the period between the 6^th July and 30th September. 1950. While the electoral rolls in respect of the State Legislatures and Parliament are not likely to be completed before that time and the Life of the Boards cannot be extended by more than one year under the existing provisions (section 15) of the Cantonments Act. 1924, it has, therefore, become necessary to promoto egislation for- (i) the preparation of elctoral rolls for a!l Cantonment Boards on the basis of adult franchise, independently of those for the State Legislatures anil Parliament; and (ii) the extension of the life of the existing Boards for a further short period until the next ordinary elections can be held on the basis of the new rolls. 4 Since the necessary legislation could not be introduced in the last session of Parliament, and in view of its argency an Ordinance namely, the Cantonment Laws (Extension and Amendment) Ordinance, 1950 was promulgated on the 19th June, 1950. 5. The amendments made in the said Ordinance are of a permanent nature, except the provision for the extension of the term of the office of elected members of every Cantonment Board up to the end of November, 1950, or until the election of their successors is notified under sub-section (7) ofsection 13of the Cantonments Act, 1924, whichever is earlier. It is therefore essential to replace the-Ordinance by an Act in the next session of Parliament. -Gaz. of Ind..5-8-1950, Pt. II, Act 15 of 1983.- The Cantonments Act, 1924 provides for the administration of cantonments. The Act, for the first time, allowed representation of the civil population in the administration of the cantonments. Amendments to the Act were made from time to time and the last such amendment was made in 1954. The existence and the growth of a large population inside cantonments necessitate the organisation of local self-government institutions side by side with different kinds of control. The governance of a large civil population involves civic responsibilities. A balance has to be struck between the interests of the Armed Forces from health, welfare and security point of view and the aspirations of the local population for participation in the administration of the cantonments. 2. Taking into consideration representations and suggestions made from various quarters and also other related matters like changes in the concept of municipal administration consistent with the necessity to ensure discipline, security, sanitation and health of the troops, the question as to what amendments should be made to the Act was referred to a Task Force which made a number of recommendations in this behalf. 3. Government has taken into consideration the recommendations made by the Task Force coupled with the need for streamlining and strengthening local administration of the Cantonment Board and proposes to make exhaustive amendments to the Cantonments Act. Some of the important amendments to the Act are- (a) to provide for declaration of naval stations also as cantonments under the Cantonments Act. when necessary; (b) to extend the term of office of the members of the Board from three to five years; (c) to reduce the term of office of the Vice-President from three years to two and a half years which amounts to one-half of the tenure of a member in order to facilitate more than one elected member to hold the office of Vice-President and to provide for his removal through a no-confidence motion: (d) to empower the Executive Officer to discharge certain routine day-to-day functions of the administration of Cantonment Board; (e) to provide that the Cantonment Board acts as an appellate authority against the orders of the Executive Officer; (f) to confer on the civil area committee some of the powers of the Cantonment Board in so far as the administration of civil areas is concerned: (g) to enlarge or modify the list of obligatory duties and discretionary functions of the Cantonment Board; (h) to remove lacunae in the Act in regard to recovery of property tax in respect of private buildings occupied by the Government and recovery of rent on account of leases: (i) to enhance the amount of fines, fees and financial powers as provided in the Act, keeping in view the present-day rise in prices; (j) to add to the list of orders issued under the Act against which an appeal would lie to the prescribed appellate authority and also provide that the stay of any orders appealed against would not be automatic but would lie at the discretion of the appellate authority: (k) to remove certain difficulties experienced in the administration of the Act; (1) to amend obsolete provisions, bring the Act up-to-date and rearrange some of the sections consistent with the subject-matter of the sections; (m) to introduce order and clarity; (n) to make consequential amendments in the Act for giving effect to the above proposals. 4. The notes on clauses explain in detail the various provisions contained in the Bill. - Gaz.of Ind.. 9-7-1982. Pt. II, S.2,Ext.,p.44(No.6).

An Act to consolidate and amend the law relating to the administration of cantonments. WHEREAS it is expedient to consolidate and amend the law relating to the administration of cantonments; It is hereby enacted as follows:-

CHAPTER 01: PRELIMINARY

SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT

- (1) This Act may be called The Cantonments Act, 1924.

(2) It extends tod[the whole of India,aa[* *] **[* *].]

(3) Thed[Central Government] may, by notification in thed[Official Gazette], direct that this Act, or any provisions thereof whichb[it] may specify, shall come into force on such date asa[it] may appoint in this behalf.

SECTION 02: DEFINITIONS

In this Act, unless there is anything repugnant in the subject or context,-

(i) "Assessment Health Officer" means the medical officer appointed by thea[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;

a[(iia) "boundary wall" means a wall which abuts on a street and which does not exceedb[two and a half metres in height ;]

a[(iii) X X X]

a[(iv) "building" means a house, outhouse, stable, latrine, shed, hut or other roofed structure, whether of masonry, brick, wood, mud, metal or other material, and any part thereof, and includes a well and a wallb[(other than a boundary wall)] but does not include a tent or other portable and temporary shelter;]

[(v) Repealed by Act 24 of 1936, S. 2.]

(vi) "casual election" means anelection 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 Boarda[and includes a vacancy in such office, arising, under sub-section (1A) ofsection 17];

a[(viia) "civil area" means an area declared to be a civil area by the Central Government under `section 43A:

(viib) "civil area committee" means a committee appointed under section 43A;]

(viii) "Command " means one of the Commands into which India is for military purposes for the time being divided, and includes any area which thea[Central Government] may, by notification in thea[Official Gazette], declare to be a Command for all or any of the purposes of this Act; [(ix) (Repealed by Act 12 of 1935, S. 2).]

(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;

a[(xia) "Defence Estates Officer" means the officer appointed by the Central Government to perform the duties of the Defence Estates Officer for the purposes of this Act and the rules made thereunder;

(xib) "Director" means the officer appointed by the Central Government to perform the duties of the Director, Defence Lands and Cantonments, the Command, for the purposes of this Act and rules made thereunder and includes the Joint Director;]

a[c[(xic) "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 theb[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" meansa[the officer of the Military Engineer Services of that grade], having charge of the military works in a cantonmentb[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,

a[(xiiia) "factory "means afactory as defined inclause (m) ofsection 2 of the Factories Act, 1948;

(xiiib) "Forces" means the Army, Navy and Air Force or any part of any one or more of them;]

(xiv) "Health Officer" means the senior executive medical officer in military employ on duty in a cantonment;

a[(xv) "hospital" includes family welfare centre, child welfare centre, maternity centre and health centre;]

(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, veneral disease, and any other epidemic, endemic or infectious disease which theb[Central Government] may, by notification in theb[Official Gazette], declareato 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 immoveable 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 theb[Central Government]a [* * * *] may, by notification in theb[Official Gazette], declare to be an intoxicating drug for the purposes of this ct;

a[(xixa) lower grade employee' means daftry, peon bhisti, mali, lamp-lighter, chowkidar, mazdoor or safaiwala or any other employee declared by the Central Government to be a lower grade employee for the purposes of this Act;]

a[(xx) "market" includes any place where persons assemble for the sale or for the purpose of exposing for sale, meat, fish, fruits, vegetables, animals intended for human food or any other articles of human food whatsoever, with or without the consent of the owner of such place notwithstanding that there may be no common regulation for the concurse of buyers and sellers and whether or not any control is exercised over the business of, or the persons frequenting, the market by the owner of the place or by any other person, but shall not include a single shop or group of shops not being more than six in number and shops within unit lines;]

a[(xxa) x x x]

a[(xxi) "military officer" means a person who, being an officer within the meaning ofthe Army Act, 1950,the Navy Act, 1957orthe Air Force Act, 1950, is commissioned, gazetted or in pay as an officer doing army, naval or air force duty with the army, navy or air force, or is an officer doing such duty in any army, branch or part of any of those forces;

(xxii) "nuisance" includes any act, omission, place, animal or thing which causes or is liekly to cause injury, danger, annoyance or offence to the sense or sight, smell or hearing or disturbance to rest or sleep, or which is or may b3 dangerous to life or injurious to health on property;]

(xxiii) "occupier" includes an owenr in occupation of, or otherwise using his own land or building; a(xxiv) "Officer Commanding the Area" means the Officer Commanding any one of the areas into which India is for military purposes for the time being divided, or any sub-area which does not form part of any such area, or any area which the Central Government may, by notification in the Official Gazette, declare to be an area for all or any of the purposes of this Act;

a[(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 theb[Area] 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 theb[Area] and Officer Commanding-in- Chief, the Com- mand;]

(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 maintained by aa[Board] and which is licensed by aa[Board] under the provisions of this Act;

(xxix) "private slaughter-house" means a slaughter-house which is not maintained by aa[Board] and which is licensed by aa[Board] under the provisions of this Act;

(xxx) "public market" means a market maintained by aa[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 noi;

(xxxii) "public slaughter-house" means a slaughter-house maintained by aa[Board];

a[(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 for occupation by himself or his family even though he. may himself reside elsewhere, provided that be has not abandoned all intention of again occupying such house either by himself or his family;]

(xxxiii) "Shed" means slighter 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 onsumption;

a[(xxxv) "soldier" means any person who is a soldier or a sailor' or an airman subject to theArmy Act, 1950,the Navy Act, 1957orthe Air Force Act, 1950as the case may be, and who is not a military officer;]

(xxxvi) "spirituous liquor" means any fermented liquor, any wine, or any alcoholic liquid obtained by distillation of the sap of any kind of palm tree, and includes any other liquid containing alcohol which thea[Central Government],b[* * *] may, by notification ina[Official Gazette], declare to be a spirituous liquor for the purposes of this Act;.

(xxxvii) "street" includes any way, road, lane, square, court, alley,a[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 foot way over any bridge or cause way;

a(xxxviia) "sub area" means one of the sub areas 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 territory which the Central Government may, by notification in the Official Gazette, declare to be a sub area for such purposes;

(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, bicyle, tricycle and rickshaw;a[* *].

(xxxix) "water works" includes all lakes, tanks, streams, cisterns, springs, pumps, wells, reservoirs, aqueducts, water trucks, sluices, main 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;a[and (xl) "year" means the year commencing on the first day of April.]

CHAPTER 02: DEFINITION AND DELIMITATION OF CANTONMENTS

SECTION 03: DEFINITION OF CANTONMENTS

Act 15 of 1983.- This clause seeks to amendsection 3of the Act to empower the Central Government to declare also places occupied by naval stations as cantonments.- Gaz. of Ind., 9-7-1982, Pt. II, S 2,Ext.,p. 46 (No. 26)'.

SECTION 04: ALTERATION OF LIMITS OF CANTONMENTS

(1) Thee[Central Government]a[* * *] mayb[after consulting the State Government and the Board concerned], by notification in thee[Official Gazette], declare its intention to include withinc [the cantonment] any local area situated in thed[*] vicinity thereof or to exclude fromc[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 thee[Central Government] through the Official Commanding-in-Chief, the Command, an objection to the notification, and thee[Central Government] shall take such objection into consideration,

(3) On the expiry of six weeks from the date of the notification, thee[Central Government] maya[* *] after considering the objections, if any, which have been submitted under sub- section (2), by notification in thee[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.

SECTION 05: EFFECT OF INCLUDING AREA IN CANTONMENT

When, by a notification undersection 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 06: DISPOSAL OF CANTONMENT FUND WHEN AREA CEASES TO BE A CANTONMENT

(1) When, by a notification undersection 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 thea[Board] shall vest in such local authority, and the liabilities of thea[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 thea[Board] shall vest inb[Government], and the liabilities of thea[Board] shall be transferred to thec[Central Government].

SECTION 07: DISPOSAL OF CANTONMENT FUND WHEN AREA CEASES TO BE INCLUDED IN A CANTONMENT

(1)When, by a notification undersection 4, any local area forming part of a cantonment ceases to be under the control of a particulara[Board] and is immediately placed under the control of some other local authority, such portion of the cantonment fund and other roperty vesting in thea[Board] and such portion of the liabilities of thea[Board], as, theb[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 particulara[Board] and is not immediately placed under the control of some other local authority, such portion of the cantonment fund and other property vesting in thea[Board] shall vest inc[Government], and such portion of the liabilities of thea[Board] shall be transferred to theb[Central Government], as theb[Central Government] may, by general or special order, direct.

SECTION 08: APPLICATION OF FUNDS AND PROPERTY TRANSFERRED UNDER SECTIONS 6 AND 7

Any cantonment fund or portion of a cantonment fund or other property of aa[Board] vesting inb [Government] under the provisions ofsection 6orsection 7shall be applied in the first place to satisfy any liabilities of thea[Board] transferred under such provisions to thec[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.

SECTION 09: LIMITATION OF OPERATION OF ACT

Thec[Central Government] may,a[* *] by notification in thec[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-b[

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

(b) in which the Board is superseded undersection 54], apply with such modifications as may be specified.

CHAPTER 03: CANTONMENT BOARDS

]BoardsElectionsMembersServantsProcedureControlValidity of Proceedings

SECTION 10: CANTONMENT BOARD AND EXECUTIVE OFFICER

- For every cantonment there shall be a Cantonment Boardc[X X X X].OBJECTS AND REASONS Act 15 of 1983, Clauses 4 and 5.- The amendment tosection 10and the omission ofsection 12of the Act are consequential to the substitution ofsection 24of the Act (vide clause 16).- Gaz. afind., 9-7-1982, Pt. II, S. 2, Ext., p. 46 (No. 26).

SECTION 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 immovable and immovable and to contract and shall, by the said name, sue and be sued.]

SECTION 12: OMITTED

X X X]OBJECTS AND REASONS Act 15 of 1933.- See undersections 10and24

SECTION 13: CONSTITUTION OF CANTONMENT BOARDS

OBJECTS AND REASONS Act 15 of 1983, Clause 6.- The amendment tosection 13of the Act has become necessary in view of the coming into force of theCode of Criminal Procedure, 1973(2 of 1974).- Gaz. of Ind., 9-7-1982, Pt. II, S. 2, Ext., p. 46 (No. 26).

SECTION 14: POWER TO VARY CONSTITUTION OF BOARDS IN SPECIAL CIRCUMSTANCES

OBJECTS AND REASONS Act 15 of 1983. Clause 7.- This clause seeks to amendsection 14of the Act to provide for nomination of a civilian member by the Central Government in consultation with the Officer Cormmanding-in-Chief the Command, in a Board, the constitution qf which was varied by the Central Government,- Gaz. of Ind., 9-7-1982, Pt. U.S. 2, Ext., p. 46 (No, 26).

SECTION 15: TERM OF OFFICE OF MEMBERS

OBJECTS AND REASONS Act 15 of 1983, Clause 8.- This clause seeks to amendsection 15of the Act to provide that the term of office of all members of the Board shall be five years instead of three years and to ensure that the term of all elected members whose term is extended under the proviso to sub-section (1) of that section terminates on the date the election of their successors is notified in the Official Gazette. The date of commencement of the office of a member elected to fill casual vacancy shall be calculated from the date of the notification of his election instead of the date of his election. -Gaz. Of Ind., 9-7.1982, Pt, II, S. 2, Ext" p. 46 (No. 26).

SECTION 16: FILLING OF VACANCIES

OBJECTS AND REASONS Act 15 of 1983. Clause 9.- Undersection 16of the Act no casual election will be held to fill up a vacancy ocurring within three months of any date on which the vacancy will occur by efflux of time. This period of three months is considered inadequate and is proposed to be enhanced to six months. -Gaz. of Ind., 9-7-1982, Pt. II. S. 2, Ext., p. 46 (No. 26).

SECTION 17: VACANCIES IN SPECIAL CASES

d[(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 casual election, as the case may be.OBJECTS AND REASONS Act 15 of 1983. Clause 10.-Section 17of the Act relates to vacancies in a Board. It is proposed to provide for a person elected from more than one ward to resign from all but one of the wards. It is also proposed to omit the division of inhabitants of the cantonments into classes as no such classes of inhabitants exist. -Gaz. of lnd" 9-7-1982, Pt. II, S. 2, Ext., p. 46 (No. 26).

SECTION 18: OATH OR AFFIRMATION

OBJECTS AND REASONS Act 15 of 1983. Clause II.- This clause seeks to substitute a new section for existingsection 18of the Act, The intention is to standardise the form of oath of allegiance and to ensure that it is invariably taken. -Gaz. of lnd" 9-7-1982, Pt. II, S. 2, Ext., p. 47 (No. 26).

SECTION 19: RESIGNATION

a[(1) (a) Any elected member of a Board who wishes to resign his office may give his resignation in writing to the President of the Board who shall forward it for orders to the Central Government under intimation.to the Officer Commanding-in- Chief, the Command. (b) Any nominated member of a Board who wishes to resign his office may forward his resignation in writing through the President of the Board to the Officer Commanding-in- Chief, the Command for orders.]

(2) If thea[Central Government or the Officer commanding-in-Chief, the command, as the case may be] accepts the resignation, such acceptance shall be communicated to the Board, and thereupon the seat of the member resigning shall become vacant.

b[(3) Notwithstanding anything contained in sub-section (2), the resignation of any person elected to more than one seat in a board from all but one of the seats in pursuance of sub-section (1A) ofsection 17shall take effect when such resignation is received by the President of the Board.]

OBJECTS AND REASONS Act 15 of 1983. Clause12.- The procedure as contained insection 19of the Act for resignation by an elected or nominated member from office and its acceptance by the Board is being revised. -Gaz. of lnd" 9-7-1982, Pt. II, S. 2, Ext., p. 47 (No. 26).

SECTION 20: PRESIDENT AND VICE PRESIDENT

OBJECTS AND REASONS Act 15 of 1983. Clause 13.- The expressions "temporary absence" and "station leave" occurring in the proviso to sub-section ( 1 ) ofsection 20of the Act have created some difficulties in their interpretation. To remove these difficulties, it is proposed to provide that the Officer Comimanding the Station, when he is holding the office of the President, shall not vacate the said office of the President for a temporary absence from the Station for & period not exceeding thirty consecutive days. -Gaz. of Ind., 9-7-1982, Pt. II, S. 2, Ext., p. 47 (No. 26),

SECTION 21: TERM OF OFFICE OF VICE PRESIDENT

-a[ (1) The term of office of a Vice-President shall beb[five years] or the residue of his term of office as a member, whichever is less.]

(2) A Vice-President may resign his office by notice in writing to the President and, on the resignation being accepted by the Board, the office shall become vacant.

c[(3) A Vice-President may be removed from his office, at a special meeting convened for the purpose on a requisition for the same by not less than one-half of the elected members of the Board holding office, by a resolution passed by a majority of not less than two-thirds of the total number of elected members then holding office and attending and no member, other than an elected member, shall have the right to vote on the resolution,]

OBJECTS AND REASONS Act 15 of 1983. Clause 14.- This clause seeks to amendsection 21of the Act. The term of office of a Vice-President is being fixed as two years and six months instead of three years. A provision has also been made that a Vice-President may be removed from office through a,noconfidence motion passed by not less than two-thirds of elected members holding office and attending the meeting in which a resolution to that effect is passed. -Gaz.of Ind., 9-7-1982, Pt. II, S. 2, Ext.. p. 47 (No. 26).

SECTION 22: DUTIES OF PRESIDENT

OBJECTS AND REASONS Act 15 of 1981. Clause 15-This clause seeks to amendsection 22of the Act to provide that the President of the Board shall control, direct and supervise the finiancial and executive administration of the Board, -Gaz. of Ind,.9-7-1982, Pt. II, S,2. Ext,.p.47(No.26).

SECTION 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 subsection (1) ofsection 22:

(b) during the incapacity or temporary absence of the President or pending his appointment or succession, to perform any other duty and exercise any other power of the President; and

(c) to exercise any power and perform any duty of the President which may be delegated to him under sub-section (2) ofsection 22,

SECTION 24: APPOINTMENT OF EXECUTIVE OFFICER

a[(1) For every cantonment there shall be an Executive Officer appointed by the Central Government or by such person as the Central Government may authorise in this behalf: Provided that the Board may empower any of its members or officers to exercise or perform in the absence of the Executive Officer from the cantonment all or any of such powers or duties of an Executive Officer under this Act us the Central Government may. by notification in the Official Gazette, specify in this behalf.

(2) Not less than, one half of the cost of the salary of the Executive officer shall be paid by the Central Goverment and the balance from the cantonment fund.

(3) The Executive Officer shall be the Secretary of the Board and of every Committee of the Board and may participate in every metting of the Board and of every committee of the Board, but shall not be a member of the Board or of any such committee.

SECTION 24A: DUTIES OF EXECUTIVE OFFICER

Subject to the provisions of clause (b) and clause (d) of sub-section (1) ofsection 22 the Executive Officer shall.--

(a) exercise all the powers and perform all the duties conferred or imposed upon him by or under this Act or any other law for the time being in force:

(b) prescribe the duties of. and exercise supervision and control over the acts and proceeding:, of. ofticer and other employees of the Board, other than medical officer in charge of the cantonment general hospital or dispensary;

(d) arrange for the performance of such duties relative to the proceedings of the Board or of any Committee of the Board or of any Committee of Arbitration constituted under this Act as those bodies may respectively impose on him:

(e) comply with every requisition of the Board on any matter pertaining to the administra- tion of the cantonment.]

OBJECTS AND REASONS Act 15 of 1983.Clause 16.- This caluse seeks to substitute two new sections forsection 24of the Act and the new Sections relate respectively the appointment and duties of the Executive Officer. -Gaz. of Ind., 9-7-1982, Pt. II, S. 2,Ext" p. 47 (No, 26).

SECTION 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 thea[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)b[* * *] 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 thea[Board] prohibiting the execution of any particular work or the doing of any particular act; and

SECTION 26: ELECTORAL ROLLS

- (1)a[* * *]bThe Board or, where a Board is not constituted in any place declared by notification under sub-section (1) ofsection 3to be a cantonment, the Officer Commanding the station], shall prepare and publish an electoral roll showing the names of persons qualified to vote at election to the Board. Such roll shall be prepared, revised and finally published in such manner and on such date in each year as thee[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,c[* * *] the electoral roll shall be divided into separate lists for each wardd[* * *].,

(4) If a new electoral roll is not published in any year on the date prescribed, thee[Central Government] may direct that the old electoral roll shall continue in operation until the new roll is published.

SECTION 27: QUALIFICATION OF ELECTORS

a[ (1) Every person who, on such date as may be fixed by the Central Government in this behalf by notification in the official Gazette (hereinafter in this section referred to as "the qualifying date"), is not less than twenty-one years of age and who has resided in the cantonment for a period of not less than .six months immediately preceding the qualifying date shall, if not otherwise disqualified, be entitled to be enrolled as anelector.

(2) A person, notwithstanding that he is otherwise qualified, shall not be entitled to be enrolled as an elector if he on theb[qualifying date]-

c[(i) is not a citizen of India]; or

d[(ii) * * *]

(iii) has been adjudged by a competent Court to be of unsound mind, or

(iv) is an undischarged insolvent, or

(v) has been sentenced by a Criminal Court to imprisonment for a term exceedinge[two years] or to transportationf[for an offence which is declared by thei[Central Government] to be such as to unfit him to become an electorg[* * * *] or has been sentenced by a Criminal Court for any offence underChapter 9A of the Indian Penal Code: Provided that thei[Central Government] may by order in writing, remove any disqualifica- tion incurred by a person under clause (v):h[Provided further that any disqualification incurred by a person under clause (v) shall terminate on the lapse of three years from the expiry of the sentence or order.]

(3) If any person having been enrolled as an elector in any electoral roll subsequently becomes subject to, any of the disqualifications referred to in clauses (i), (iii), (iv) and (v) of sub-section (2), his name shall be removed from the electoral roll unless, in the case referred to in -cl. (v), the disqualifications is removed byi[Central Government].

SECTION 28: QUALIFICATION FOR BEING A MEMBER OF THE BOARD

OBJECTS AND REASONS Act IS of 1983. Clause 17. -This clause seeks to amendsection 28of the Act to provide that a person who holds any office of profit under the Government or is in employment of a local authority or is>found guilty of a corrupt practice or fails to pay arrears of any kind to the Board may be disqualified for election or nomination as a member. It alio provides to raise from. rupees one thousand five hundred to rupees three thousand the monetary limit which will attract disqualification of a person who has an interest in a contract or work with the Board. -Gaz. of lnd" 9-7-1982, Pt. II, S. 2, Ext.. P. 47 (No. 26).

SECTION 29: INTERPRETATION

OBJECTS AND REASONS Act 15 of 1983, Clause 18.- This clause seeks to substitutde a new section for the existingsection 29of the Act. The intention is to add the definition of the expression "corrupt practice'' specified in sub-section (2) ofsection 28on the lines ofsection 123 of the Representation of the People Act, 1951(40 of 1951),Gaz. of Ind., 9-7-1982, Pt. II.S. 2. Ext., p.47 (No. 26.)

SECTION 30: JOINT FAMILIES, ETC

- [Repealed by Act 2 of 1954, S. 8 (2-1-1954).]

SECTION 31: POWER TO MAKE RULES REGULATING ELECTIONS

Thee[Central Government] may, either generally or specially for any cantonment or group of cantonments, after previous publication, make rules consistent with this Act to regulate all or any of the following matters for the purpose of the holding of elections under this Act, namely :-

(a) the division of a cantonment into wardsa[* * *];

(b) the determination of the number of members to be elected by each wardb[* *]

c[(c) * * * * *];

(d) the preparation, revision and final publication of electoral rolls;

(e) the registration of electors, the nomination of candidates, the time and manner of holding elections and the method by which votes shall be recorded;

(f) the authorityd[(which may be an officer of thef[State] Government)] by which and the manner in which disputes relating to electoral rolls or arising out of elections shall be decided, and the powers and duties of such authority and the circumstances in which such authority may declare a casual vacancy to have been created or any candidate to have been elected;

g[(fa) "the fee to be paid for admission and consideration of any application relating to election or election disputes;]

(g) any other matter relating to elections or election dispules in respect of which thee[Central Government] is empowered to make rules under this Chapter or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of thee[Central Government], necessary.

OBJECTS AND REASONS Act 15 of 1983. Clause 19.- At present there is no provision insection 31of the Act to make rules for the levy of fee for admission and.consideration of any application relating to election or election disputes. The Committee on Subordinate Legislation has recommended that the power to levy fees of such a nature should flow from the statute itself. Accordingly. a new clause is being inserted in that section to enable the levy of fees. - Gaz. of Ind., 9-7-1982, Pt.II, S. 2, Ext" p. 47 (No. 26).

SECTION 32: MEMBER NOT TO VOTE ON MATTER IN WHICH HE IS INTERESTED

a[(1) No member of a Board shall vote at a meeting of the Boardc[or of any committee of the Board] on any question relating to his own conduct orb[vote or take part in any discussion] on any matter, other than a matter affecting generally the inhabitants of the cantonment, which affects his own pecuniary interest or the valuation of any property in respect of which he is directly or indirectly interested, or of any property of or for which he is a manager or agent.

a[(2) Where any member of the Board present at the meeting of the Board or any committee of the Board believes that the person presiding over such meeting has pecuniary or other interest in any matter under discussion and moves a motion to that effect, the perosn so presiding:-

(a) shall not be entitled to vote on such motion, and

(b) shall, if motion is carried, absent himself from the meeting during such discussion.]

OBJECTS AND REASONS Act 15 of 1983. Clause 29.- Sub-section (1) ofsection 32of the Act is being amplified to prohibit a member from participating in discussion in a meeting of the Board or any of its committees on questions affecting his pecuniary interest and similar matters. A new sub-section is also being inserted in that section for excluding a person presiding over a meeting of the Board and from its deliberations in cases where he has some pecuniary or other interest in the matter under discussion.-Gaz. of Ind., 9-7-1982, Pt. II, S. 2, Ext., p. 48 (No. 26).

SECTION 33: LIABILITY OF MEMBERS

Every member of a Board shall be liable for the loss, waste or misapplication of any money or other propertyb[belonging to, vested in, or entrusted to the management of, the Board] if such loss, waste or misapplication is a direct consequence of his neglect or misconduct while such member; and a suit for compensation for the same may be instituted against him either by the Board or by thea[Central Government].OBJECTS AND REASONS Act 15 of 1983. Clause 21.-The liability of the members of the Board as contained insection 33of the Act is being amplified so as to make it applicable also to any money or other property vested in, or entrusted to the management of, the Board.-Gaz, of Ind., 9-7- 1982, Pt. II, S. 2, Ext., p. 48 (No. 26).

SECTION 34: REMOVAL OF MEMBERS

a[(1) Theg[Central Government]] may remove from a Board any member thereof who-

(a) becomesb[or is found to have been at the time of his election or nomination] subject to any of the disqualifications specified in sub-section (2) ofsection 27c[or insection 28]; or

(b) has absented himself for more than three consecutive months from the meetings of the Board and is unable to explain such absence to the satisfaction of the Board;

(d) being a legal practitioner, acts or appears on behalf of any other person against the Board in any legal proceeding or against theb[Government] in any such proceeding relating to any matter in which the Board is or has been concerned, or acts or appears on behalf of any person in any criminal proceeding instituted by or on behalf of the Board against such person.]

(2) Theg[Central Government] may remove from a Board any member who, in the opinion of theg [Central Government], has so flagrantly abused in any manner his position as a member of the Board as to render his continuance as a member detrimental to the public interests.

e[2A] Thei[Officer Commanding-in-Chief, the command] may, on receipt of a report from the Officer Commanding the station,j[ * * * * ] remove from a Board any military officer nominated a member of the Board who is, in the opinion of the Officer Commanding the station, unable to discharge his duties as member of the Board and has failed to resign his office.]

(3) No member shall be removed from a Board underf[sub-section (1) or sub-section (2) of] this section unless he has been given a reasonable opportunity of showing cause against his removal. OBJECTS AND REASONS Act 15 of 1983. Clause 21.- This clause seeks to amendsection 34of the Act.The power to remove from the Board any military officer nominated as a member of the Board is proposed to be conferred on the Officer Commanding-in- Chief, the Command, instead of the Central Government.- Gaz.of Ind., 9-7-1982. Pt. II.S. 2, Ext" p. 48 (No, 26),

SECTION 35: CONSEQUENCES OF REMOVAL

a[ (1) A member removed under clause (b) of sub-section (1)b[or under sub-section (2A)] ofsection 34shall, if otherwise qualified, be eligible for re-election or re-nomination.

(2) A member removed under clause (c) or clause (d) of sub-section ( 1 ) ofsection 34shall not be eligible for re-election or nomination for the period during which, but for such removal, he would have continued in office.

(3) A member removed under sub-section (2) ofsection 34shall not be eligible for re-election or nomination until the expiry of three years from the date of his removal.]

SECTION 35A: MEMBER OF THE BOARD TO BE DEEMED A PUBLIC SERVANT

Every member of the Board shall be deemed to be a public servant within the meaning ofthe Indian Penal Code, and in the definition of "legal remuneration" insection 161of that Code, the word "Government" shall, for the purposes of this section, be deemed to include a Board,]OBJECTS AND REASONS Act 15 of 1983. Clause 23.- This clause seeks to insert newsection 35Ain the Act to provide that every member of the Board shall be deemed to be a public servant.- Gaz. of lnd.. 9-7-1982, Pt, II, S. 2, Ext" p. 48 (No, 26).

SECTION 36: DISQUALIFICATION OF PERSON AS SERVANT OF BOARD

OBJECTS AND REASONS Act 15 of 1983, Clause 24.- This clause seek; to amendsection 36of the Act and the change is verbal in nature,-Gaz. of Ind., 9-7-1982, Pt. II, S. 2. Ext., p. 48 (No. 26).

SECTION 36A: CANTONMENT SERVANT TO BE DEEMED A PUBLIC SERVANT

Every officer or servant, permanent or temporary, of ab[Board] shall be deemed to be a public servant within the meaning ofthe Indian Penal Code, and in the definition of "legal remuneration" insection 161of that Code the word "Government" shall, for the purposes of this section, be deemed to include ab [Board].]

SECTION 37: MEETING

(1) Every Board shall ordinarily hold at least one meeting in every month on such day as may be fixed, and of which notice shall be given in such manner as may be provided, by regulations made by the Board under this Chapter.

(2) The President may whenever he thinks fit and shall upon a requisition in writing by not less than one-fourth of the members of the Board, convene a special meeting.

(3) Any meeting may be adjourned until the next or any subsequent day, and an adjourned meeting may be further adjourned in like manner.

SECTION 38: BUSINESS TO BE TRANSACTED

Subject to any regulation made by the Board under this Chapter, any business may be transacted at any meeting: Provided that no business relating to the imposition, abolition or modification of any tax shall be transacted at a meeting unless notice of the same and of the date fixed therefor has been sent to each member not less than seven days before that date.

SECTION 39: QUORUM

OBJECTS AND REASONS Act 15 of 1983, Clause 25.-Section 39of the Act is being amended to provide for the meeting of the Board to be adjourned by the Vice-President in the absence of the President and by the Secretary in the absence of both the President and the Vice-President.- Gaz. Of Ind., 9-7-1982, Pt. II, S..2, Ext.. p. 48 (No. 26).

SECTION 40: PRESIDING OFFICER

In the absence of-

(a) both the President and the Vice-President from any meeting of a Board in which there is more than one elected member.

(b) the President from a meeting of a Board constituted under sub-section (5) ofsection 13or subsection (1) ofsection 14, the members present shall elect one from among their own number to preside.]

SECTION 41: MINUTES

OBJECTS AND REASONS Act 15 of 1983, Clause 26.-The amendment proposed to sub-section (1) ofsection 41of the Act is clarificatory in nature. The amendment to sub-section (2) ofsection 41is necessitated because of the proposed amendment tosection 3to declare naval stations also as cantonments (vide clause 3). Where cantonments are located in the navy or air force stations, the proceedings of the Board should be sent to (he respective Command Headquarters of the navy or air force.- Gaz. of Ind.. 9-7-1982. P.. II, S. 2, Ext" p. 48 (No. 26).

SECTION 42: MEETINGS TO BE PUBLIC

Every meeting of a Board shall be open to the public unless in any case thea[person presiding over the meeting], for reasons to be recorded in the minutes, otherwise directs.

SECTION 43: METHOD OF DECIDING QUESTIONS

OBJECTS AND REASONS Act 15 of 1983, Cause 27.- The amendment proposed tosections 42and43of the Act is clarificatory in nature.-Gaz. of lnd.,9-7-1992.. Pt. II. S.:. Ext..p. 48 (No. 26).

SECTION 43A: COMMITTEES FOR CIVIL AREAS

OBJECTS AND REASONS Act 15 of 1983, Clause 28.-This clause seeks to insert new sub-section (3) insection 43Aof the Act. With the demand of democratisation of administration of cantonments, administrative instructions hid been issued to the cantonment Boards to make provision in their regulations framed under clause (e) of sub-section (1) ofsection 44of the Act that the decision of acivil area committee in certain matters pertaining to civil area would be construed as decisions of the Board. Since this was only under a delegated power, it is now proposed to make a specific provision in this behalf in the Act itself. However, if the Health Officer dissents from any decision arrived at by the civil area ocmmittee on matters pertaining to consideration of health of the people, the matter will be referred to the Board by the President for decision.- Gaz. of Ind., 9-7-1982, Pt. II, S. 2, Ext., p. 48 (No. 26).

SECTION 44: POWER TO MAKE REGULATIONS

OBJECTS AND REASONS Act 15 of 1983, Clause 29.-Section 44of the Act empowers the Board to make regulations. It is proposed to amend this section suitably to provide for the laying of the regulations made by the Board before each House of Parliament as per the recommendations of the Committee on Subordinate Legislation.- Gaz. of Ind., 9-7-1982, Pt. II, S. 2, Ext" p. 49 (No. 26).

SECTION 45: JOINT ACTION WITH OTHER LOCAL AUTHORITY

OBJECTS AND REASONS Act 15 of 1983, Clause 30.-The amendment proposed tosection 45 of the Act provides that the powers of a local authority to establish octroi limits and octroi stations within a cantonment in the event of an agreement between that local authority and the Board should be available in the same manner also to the cantonment Boards.- Gaz. of Ind., 9-7-1982, Pt. II, S. 2, Ext., p. 49 (No. 26).

SECTION 45A: REPORT ON ADMINISTRATION

Every board shall, as soon as may be after the close of the year and not later than the date fixed in this behalf by theb[Central Government, submit to theb[Central Government] through the Officer Commanding-in-Chief, the Command, a report on the administration of the cantonment during the preceding financial year, in such form and containing such details as theb[Central Government] may direct. The comments, if any, of the Officer Commanding-in-Chief, the Command, on such report shall be communicated by him to the Board which shall be allowed a reasonable time to furnish a reply thereto, and the comments together with the reply, if any, shall be forwarded to theb[Central Government] along with the report.]

SECTION 46: POWER OF CENTRAL GOVERNMENT TO REQUIRE PRODUCTION OF DOCUMENTS

Thec[Central Government]d[or such officer or authority as may be authorised by the Central Government in this behalf]a[* * *] may at any time require ab[Board]-

(a) to produce any record, correspondence, plan or other document in its possession or under its control;

(b) to furnish any return, plan, estimate, statement, account or statistics relating to its proceedings, duties or works;

OBJECTS AND REASONS Act 15 of l983, Clause 31.- This clause seeks to amendsection 46of the Act to provide that the power of the Central Government to call for documents from the Board should also. be given to such officer or authority as may be authorised by the Central Government This is considered necessary as it is not possible in all matters for the Central Government to form an opinion in matters where documents are required to be called for.- Gaz. of Ind., 9-7-1982, Pt. II, S. 2. Ext., p. 49 (No. 26).

SECTION 47: INSPECTION

Thea[Central Government or the Officer Commanding-in-Chief, the Command],d[or the Director or such other officer or authority as may be authorised by the Central Government in this behalf] may depute any person in the service of thec[Government] to inspect or examine any department of the office of, or any service or work undertaken by or thing belonging to, ab[Board], and to report thereon, and theb[Board] arid its officers and servants shall be. bound .to afford the person so deputed access at all reasonable times to the premises and property oftheb[Board] and to all records, accounts and other documents the inspection of which he may consider necessary 'to enable him.to discharge his duties.OBJECTS AND REASONS Act 15 of 1983, Clause32.-It is considered desirable to make specific provision for authorising the Director, Defence Lands and Cantonments, the Command or such other officer or authority as may be authorised by the Centre Government to exercise the power of inspection undersection 47of the Act.- Gaz.of Ind., 9-7-1982, Pt. II, S. 2, Ext., p. 49 (No. 26).

SECTION 48: POWER TO CALL FOR DOCUMENTS

a[The Officer Commanding-in-Chief, the Command],c[or the Director] may, by order in writing,-

(a) call for any book or document in the possession or under the control of theb[Board];

(b) require theb[Board] to furnish such statements, accounts, reports and copies of documents relating to its proceedings, duties or works as he thinks fit.

OBJECTS AND REASONS Act 15 of l983, Clause 33.- The amendment proposed empowers the Director, Defence Lands and Cantonments, the Command also to exercise the power to call for documents undersection 48of the Act.- Gaz. of Ind., 9-7-1982, Pt. II, S, 2, Ext., p. 49 (No. 26).

SECTION 49: POWER TO REQUIRE EXECUTION OF WORK, ETC

If, on receipt of any information or report obtaineda[undersection 46orsection 47] orsection 48, theb [Central Government or the Officer Commanding-in-Chief, the Command] is of opinion-

(a) that any duty imposed on ac[Board] by or under this Act has not been performed or has been performed in an imperfect, inefficient or unsuitable manner, or

(b) that adequate financial provision has not been made for the performance of any such duty,d[it or] he maye[* * *] direct thec[Board], within such period asd[it or] he thinks fit, to make arrangements tod[its or] his satisfaction for the proper performance of the duty, or, as the case may be, to make financial provision tod[its or] his satisfaction for the. performance of the duty: Provided that, unless in the opinion of thef[Central Government or the Officer Commanding-in- Chief, the Command, as the case may be,] the immediate execution of such order is necessry,d[it or] he shall, before making any direction under this section, give thec[Board] an opportunity of showing cause why such direction should not be made,

SECTION 50: POWER TO PROVIDE FOR ENFORCEMENT OF DIRECTION UNDER SECTION 49

-If, within the period fixed by a direction made undersection 49, any action the taking of which has been directed under that section has not been duly taken, thea[b[Central Government] or the Officer Commanding-in- Chief, the Command, as the case may be], may make arrangements for the takinig of such action, and may direct that all expenses connected therewith shall be defrayed out of the cantonment fund.

SECTION 51: POWER TO OVERRIDE DECISION OF BOARD

OBJECTS AND REASONS Act 15 of 1983, Clause 34.- This clause seeks to amendsection 51of the Act to enable the President in his capacity as officer commanding the station to dissent from a decision of the Board, if it affects also the security of the Forces in the Cantonment. The other amendment to the section is of a consquential nature.- Gaz. of Ind,, 9-7-1982, Pt. II, S. 2, Ext., p. 49 (No. 26).

SECTION 51A: POWER OF CENTRAL GOVERNMENT TO REVIEW

The Central Govrnment may, at any time, review any decision or order of the Board or the Officer Commanding-in-Chief, the Command, and pass such orders thereon as it may deem fit: Provided that where it is proposed to modify a decision or order of the Board, reasonable opportunity shall be given to the Board to show cause why the decision or order in question should not be modified.]OBJECTS AND REASONS Act 15 of 1983, Clause 35.- This clause seeks to insert newsection 51 Ain the Act to enable the Central Government to review any decision or order of the Board or the Officer Commanding-in-Chief, the Command.- Gaz. of Ind., 9-7-1982, Pt. II, S. 2, Ext., p. 49 (No. 26).

SECTION 52: POWER OF OFFICER COMMANDING IN --CHIEF, THE COMMAND, ON REFERENCE UNDER SECTION 51 OR OTHERWISE

(1) The Officer Commanding-in-Chief, the Command, may at any time-a[* * * * * *]

(a) direct that any matter or any specific proposal other than one which has been referred to theeCentral Government] under sub-section (2) ofsection 51be considered or reconsidered by theb [Boar]; or

(b) direct the suspension, for such period as may be stated in the order, of action on any decision of ab [Board], other than a decision which has been referred to him under sub-section (1) ofsection 51, and thereafter cancel the suspension orc[after giving the Board a reasonable opportunity of showing cause why such direction should not be made], direct that the decision shall not be carried into effect or that it shall be carried into effect with such modifications as he may specify.

(2) When any decision of a Board has been referred to him under sub-scction(l) ofsection 5, the Officer Commanding-in-Chief, the Command, may, by order in writing.-

(a) cancel the order given by the President directing the suspension of action; or

(b) extend the duration of the order for such period as he thinks fit; or

d[(c) after giving the Board a reasonable opportunity of showing cause why such direction should not be made, direct that the decision shall not be carried into effect or that it shall be carried into effect by the Board with such modifications as he may specify.]

SECTION 53: POWERS OF CENTRAL GOVERNMENT ON A REFERENCE NUDE UNDER SECTION 51

When any decision of aa[Board] has been referred to theb[Central Government] under sub-section (2) ofsection 51, the [Central Government] may, after consulting the Officer Commanding-in-Chief, the Command, by order in writing,-

(a) direct that no action be taken on the decision; or

(b) direct that the decision be carried into effect without modification or with. such modifications as it may specify.

SECTION 54: SUPERSESSION OF BOARD

(1) If, in the opinion of thec[Central Government], any Board is not competent to perform or persistently makes default in the performance of the duties imposed on it by or under this Act or otherwise by law, or exceeds or abuses its powers, thec[Central Government] maya[* * *] by any order published, together with the statement of the reasons therefor, in thec[Official Gazette], declare the Board to be incompetent or in default or to have exceeded or abused its powers, as the case may be and suspersede it for such period as may be specified in the order: Provided that no Board shall be superseded unless a reasonable opportunity has been given to it to show cause against the supersession.

(2) When a Board is superseded by an order under sub-section (1),- (a) all members of the Board shall on such date as may be specified in the order, vacate their offices as such members but without prejudice to their eligibility for election or nomination under clause (c); (b) during the supersession of the Board all powers and duties conferred and imposed upon the Board by or under this Act or otherwise by law shall be exercised and performed by theb[Officer Commanding the station] subject to such reservation, if any, as thec[Central Government] may prescribe in this behalf; and (c) before the expiry of the period of supersession elections shall be held and nominations made for the purpose of reconstituting the Board.

SECTION 55: VALIDITY OF PROCEEDINGS, ETC

(1) No act or proceeding of a Board or of any committee of a Board shall be invalid by reason only of the existence of a vacancy in the Board or Committee.

(2) No disqualification or defect in the election, nomination or appointment of a person acting as the President or a member of a Board or of any such committee shall vitiate any act or proceeding of the Board or committee if the majority of the persons present at the time of the Act being done or the proceeding being taken were duly qualified members thereof.

(3) Any document or minutes which purport to be the record of the proceedings of a Board or of any committee of a Board shall, if made and signed substantially in the manner prescribed for the making and signing of the record of such proceedings, be presumed to be a correct record of the proceedings of a duly convened meeting, held by a duly constituted Board or committee, as the case may be, whereof all the members were duly qualified.

CHAPTER 04: SPIRITUOUS LIQUORS AND INTOXICATING DRUGS

SECTION 56: UNAUTHORISED SALE OF SPIRITUOUS LIQUOR OR INTOXICATING DRUG

If within a cantonment, or within such imits adjoining a cantonment as theb[Central Government] may by notification in theb[Official Gazette] define, any person not subject toc[Army, Navy or Air Force law] or any person subject toc[Army, Navy 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 thea[Officer Commanding the station] or of some person authorised by thea [Officer Commanding the station] to grant such permission, he shall be punishable with fine which may extend tod[five hundred rupees], or with imprisonment for a term which may extend to three months, or with both.OBJECTS AND REASONS Act 15 of 1983, Clauses 36 and 37.- Sub-clause (a) of clause 36 and sub-clause (a) of clause 37 seek respectively to amendsection 56andsection 57of the Act consequent on the amendment tosection 3of the Act to declare places occupied by naval station? As cantonments (vide clause 3). Sub-clause (b) of clause 36 and sub-clauses (b) and (c) of clause 37 sleek respectively to amendsection 56andsection 57so as to enhance the fine prescribed for the offences as the existing fine is considered inadequate in view of the espalation in prices.- Gaz. of Ind.. 9-7-1982, Pt. II, S. 2, Ext., p. 49 (No. 26).

SECTION 57: UNAUTHORISED POSSESSION OF SPIRITUOUS LIQUOR

If within a cantonment, or within any limits defined undersection 56,-

(a) any person subject toc[Army, Navy or Air Force law] otherwise than as a military officer or a soldier, or

(b) the wife or servant of any such person or of a solider, has in his or her possession, except on behalf of theb[Central Government] or for the private use of amilitary officer, more than one quart of any spirituous liquor, other than fermented malt-liquor, without the written permission of thea [Officer Commanding the station] or of some person authorised by thec[Officer Commanding the station] to grant such persmission, he or she shall be punishable, in the case of a first offence, with fine which may extend tod[two hundred and 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 tod[five hundred rupees]. OBJECTS AND REASONS -See undersection 56

SECTION 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 ab[Judicial Magistrate] and without a warrant, arrest any person whom he finds committing an offence undersection 56orsection 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 undersection 56has been previously convicted of an offence under that section, an officer in charge of a police station may, with the written permission of ab[Judicial Magistrate], seize and detain any spirituous liquor or intoxicating drug within the cantonment or within any limits defined under that section which, at the time of the alleged commission of the subsequent offence, belonged to, or was in the possession .of, such person.

(3) The Court convicting a person of an offence undersection 56orsection 57may order the confiscation of the whole or any part of anything seized under sub-section (1) or sub-section (2).

(4) Subject to the provisions ofa[Chapter 34 of the Code of Criminal Procedure, 1973, anything seized under sub-section (1) or sub-section (2) and not confiscated under sub-section (3) shall be restored to the person from whom it was taken.

SECTION 59: SAVING OF ARTICLES SOLD OR SUPPLIED 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 thea[Officer Commanding the station.]

CHAPTER 05: TAXATION

Imposition of TaxationAssessment ListRemission and RefundCharge on Immovable PropertyOctroi, Terminal Tax and TollAppealsPayment and Recovery of TaxesSpecial Provisions Relating to Taxation

SECTION 60: GENERAL POWER OF TAXATION

Act 15 of 1983, Clause 39.- Sub-section (2) ofsection 6of the Act provides that a tax imposed under this section shall take effect from the date of notification in the Official Gazette. This provision does not confer power on the Board to notity that the tax may also be imposed from a date specified in such notification as this will give information to the persons residing in the cantonment and also facilitate realisation of tax. An amendment for this purpose is proposed to be made in this section.- Gaz. of Ind., 9-7-1982, Pt. II, S. 2, Ext., p. 49 (No. 26).

SECTION 61: FRAMING OF PRELIMINARY PROPOSALS

proposing to impose a tax undersection 60; the 255 publish a notice specifying-

(a) the tax which it is proposed to impose;

(b) the persons or classes of persons to be made liable and the description of the property or other taxable thing or circumstance in respect of which they are to be made liable; and

SECTION 62: OBJECTIONS AND DISPOSAL THEREOF

Act 15 of 1983, Clause 40.- The amendment proposed to sub-section (1) ofsection 62of the Act is verbal. The other amendment to substitute a new sub-section for sub-sections (2) and (3) provides for the publication of tax proposals once only on the lines of similar provisions contained in some municipal laws.- Gaz. of lnd" 9-711982, Pt. II, S. 2, Ext,, p. 50 (No. 26).

SECTION 63: IMPOSITION OF TAX THE

b[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 modififed form as it thinks fit.]

SECTION 63A: POWER OF CENTRAL GOVERNMENT TO ISSUE DIRECTIONS TO THE BOARD

(1) Where the Central Government is of opinion that for securing adequate financial provision for the efficient discharge of the duties and functions of a Board it is necessary so to do, it may issue directions to the Board requiring it to impose within the cantonment area any tax specified in the direction which it is empowered under this Act to impost and which is not already imposed within the said area or to enhance any existing tax in such manner or to such extent as the Central Government considers fit and the Board shall, in accordance with the direction, forthwith impose or enhance such tax in accordance with the provisions of this Chapter: Provided that-

(a) no such directions shall be issued without giving the Board and the inhabitants .of. the cantonment area, an opportunity of showing cause why such directions should not be issued;

(b) the Central Government shall take into consideration any objection which the Board or any inhabitant of the cantonment area may make against the imposition or enhancement of such tax;

(c) it shall not be lawful for the Board to modify or abolish such tax when, imposed or enhanced without the sanction of the Central Governments

(2) The Centre Government may, at,any time, cancel or modify any direction issued, by it under sub-section (1) With effect fromf-such date as may be specified in the direction and on and from the date so specified the imposition or enhancement of such tax shall cease or be modified accordingly.] Act 18 of 1983, Clause 41.- This clause seeks to insert newsection 63Ain the Act to empower the Central Government to issue directions to a cantonment Board to impose new taxes or to enhance an existing tax when the Government considers it necessary so to do for augmenting the revenues of the Board.-Gaz. of Ind.,9-7-1982, Pt. II, S 2, Ext., p. 50 (No. 26).

SECTION 64: DEFINITION OF "ANNUAL VALUE

For the purposes of this Chapter, "annual value" means-

(a) in the case of railway stations, hotels, colleges, schools, hospitals, factories and any other buildings which aa[Board] decides to assess under this clause, one-twentieth of the sum obtained by adding the estimated present cost of erecting the building to the estimated value of the land appertaining thereto, and

(b) in the case of 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 thea[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 thea[Board], excessive if calculated in the aforesaid manner, thea[Board] may fix the annual value at any less amount which appears to it to bejust.

SECTION 65: INCIDENCE OF TAXATION

Act 15 of 1983, Clause 42.- A provision is being made insection 65of the Act to enable apportionment of tax liabilty amongst several owners. Where the property is jointly owned by more than one owner, the liabiity,will be joint and several.- Gaz. of Ind., 9-7-1982, Pt. II, S.2. Ext., p. 50 (No. 26).

SECTION 66: ASSESSMENT LIST

When a taxa[assessed] on the annual value of buildings or land or loth is imposed, theb[Executive Officer] shall cause an assessment list of all buildings or lands in the cantonment, or of both, as the case may be, to be preparedc[in such form and in such manner] is thed[Central Government] may by rule prescribe.Act 15 of 1983, Clause 43.- The function of the Board undersection 66of the Act is routine administrative function and it it proposed to confer this function on the Executive Officer, Sub-clause (b) seeks to empower the Government not only to make rules specifying the form in which assessment list is to be prepared, but also the manner in which such list is to be prepared.- Gaz. of Ind., 9-7-1982, Pt. II, S. 2, Ext.. p. 50 (No. 26).

SECTION 67: PUBLICATION OF ASSESSMENT LIST

When the assessment list has been prepared, thea[Executive Officer] shall give public notice thereof, and of the place where the list or a copy thereof may be inspected, and every person claiming to be the owner, lessee or occupier of any property included in the list, and any authorised agent of such person, shall be at liberty to inspect the list and to make extracts therfrom free of charge.Act 15 of 1983, Clauses 44, 45, 46, 50, 53, 84, 85, 88, 92,93,96, 109, 113. 127, 128, 129 and 132.- The functions. powers and duties of the Board undersections 67, 68,72,77A,83,131,132,135,143,145,164,190194,219,221, 224 and 231 of the Act are by and large routine day-to-day administrative functions, powers and duties. It is proposed to confer these functions, powers and duties under those sections on the Executive Officer and carry out in the relevant sections, wherever necessary such consequential amendments as the rules of grammar may require.-Gaz. of Ind., 9-7-1982, Pt. II, S.2, Ext., p. 50 (No. 26).

SECTION 68: REVISION OF ASSESSMENT LIST

(1) Thea[Exeuctive Officer] shall, at the same time, give public notice of a date, not less than one month thereafter,a[when the Board 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,b[the Executive Officer shall also give] written notice thereof to the owner and to any lessee or occupier of the property.

(2) Any objection to a valuation or assessment shall be made in writting to theb[Executive Officer] before the date fixed in the noitce, 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 thec[Executive Officer].

(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 thed[Board].

(4) The Assessment Committee shall consist of not less than three persons and,e[* * *] it shall not be necessary to appoint to the Assessment Comittee any memberf[of the Board]

SECTION 69: AUTHENTICATION OF ASSESSMENT LIST

(1) .When all objections made undersection 68have 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 thea[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.

SECTION 70: EVIDENCE 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 S. 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, on the amount of each such tax leviable thereon during the year to which such list relates.

SECTION 71: AMENDMENT OF ASSESSMENT LIST

a[(1) 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.]

b[(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 thec[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.

SECTION 72: PREPARATION OF NEW ASSESSMENT LIST

Thea[Executive Officer] shall prepare a new assessment list at least once in every three years, and for this purpose the provisions ofsections 66to71shall apply in like manner as they apply for the purpose of the preparation of an assessment list for the first time.

SECTION 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 effected, if no instrument is executed, give notice of such transfer to the Executive Officer.

(2) In the event of the death of any person primarily liable as aforesaid, the person on whom the title of the deceased devolves shall give notice of such devolution to the Executive Officer within six months from the death of the deceased.

(3) The notice to be given under this section shall be in such forma[as may be determined by rules made under section 2801, 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 & 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 theb[Board], but nothing in this section shall be held to affect the liability of the transferee for the payment of the said tax.

c[(5) The Executive Officer shall record every transferd[or] devolution of title notified .to him under sub-section (1) or sub-section (2) in the assessment list and other tax registers of the Board.]

SECTION 74: NOTICE OF ERECTION OF BUILDINGS

Act 15 of 1983. Clauses 47, 51, 90, 95, 97, 107, 114, 117, 118, 121, 123,124,125,130, 137 and l50.-The existing punishment for an offence undersections 74,79139159167, 184,196,204,205,209,213,214,215,226,240and268is considered inadequate in view of the escalation in prices and is being enhanced.- Gaz.of lnd.,9-7-1982, Pt. II S. 2, E.xt., p. 50 (No.26).

SECTION 75: DEMOLITION, ETC., OF BUILDINGS

If any building is wholly or partly demolished or destroyed or otherwise deprived of value, thea[Board] may,on the applicationb[in writing] of the ownerc[or occupier], remit or refund such portion ofd[any tax assessed on the annual value thereof] as it thinks fite[but no remission or refund shall take effect in respect of any period commencing more than two months before the delivery of such application].Act 15 of 1983. Clause 48.-Section 75of the Act provides for remission and relund of tax when a building is wholly or partly demolished or destroyed on the application of the owner. It is proposed to provide that no remission or refund shall take effect in respect of any period commencing more than two months before the delivery of such application. -Gaz. of Ind., 9-7-1982. Pt. II, S. 2, Ext.. p. 50 (No. 26).

SECTION 76: REMISSION OF TAX

In a cantonmenta[* * *] when any building or land has remained vacant and unproductive of rent forb [sixty] or more consecutive daysc[* * *] thed[Board] shall remit or refund, as the case may be,h[onehalf of such portion ofe[any tax] assessed on the annual value thereof]f[* * *] as may be proportionate to the number of days during which the said building or land has remained vacant arid unproductive of rent :g[Provided that in any cantonment which the Central Government, by notification in the Official Gazette, has declared to be a hill cantonment and in respect of which the Central Government by the same or a like notification has declared a portion of the year to be the season for the cantonment, when any building or land is leased for occupation through the season only but the rent charged is the full annual rent, no remission or refund shall be admissible under this section in 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 refundh[one-half of 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 number of days during which the building or land has remained vacant and unproductive of rent bears to the total length of the season.]Act 15 of 1983. Clause 49..-Sections 76and77of the Act provide for the remission of tax for buildings. It is proposed that such remission shall not exceed one-half of the tax levied on such buildings. - Gaz. of Ind., 9-7-1982, Pt. II, S. 2, Ext., p. 50 (No. 26).

SECTION 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 thea[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, and annual value of which has been thus separately recorded, has remained vacant and unproductive of rent forb[sixty] or more consecutive daysc[* * *]d[one-half of such portion ofe[any tax] assessed on the annual value of the whole buildingf [* * *]] shall be remitted or refunded as would have been remitted or refunded if the tenement had been separately assessed.

SECTION 77A: NOTICE TO BE GIVEN OF THE CIRCUMSTANCES IN WHICH REMISSION OR REFUND IS CLAIMED

b[No remission or refund underc[* * *]section 76orsection 77] shall be made unless notice in writing of thed[fact that the building, land or tenement has become vacant and unproductive of rent] has been given to thee[Executive Officer], and no remission or refund shall take effect in respect of any period commencing more than fifteen days before the delivery of such notice.

SECTION 78: WHAT BUILDINGS, ETC., ARE TO BE DEEMED VACANT

(1) For the purposes ofsections 76and 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 undersection 75, orsection 76, orsection 77, shall be upon him.

SECTION 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 a remission or refund of tax has been given undersection 76orsection 77shall give notice of the reoccupation of such buildinga [tenement] or land within fifteen days of such reoccupation.

(2) Any owner failing to give 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 reoccupied and which may extend tob[two hundred and fifty rupees], or to ten times the amount of the said tax, whichever sum is greater.

SECTION 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 land revenue, if any, due to the Government thereon, be a first charge upon the building or land.

SECTION 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 toll is leviable, shall, when so required by an officer duly authorised by thea[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.

SECTION 82: EVASION OF OCTROI OR TERMINAL TAX

Act 15 of 1983. Clause 52.- Penalty for evasion of octroi or terminal tax undersection 82of the Act is considered inadequate in view of the escalation in prices and is being enhanced. It is also proposed to confer on the Executive Officer the powers and functions of the Board under this section as these are routine in nature, - Gaz. of Ind. .9-7-1982, Pt. II. S. 2, Ext.. p. 50 (No. 26).

SECTION 83: LEASE OF OCTROI, TERMINAL TAX OR TOLL

It shall be lawful for thea[Board], with the previous sanction of theb[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 thea[Board] for their guidance;

(b) have such powers exercisable by officers or servants of thea[Board] under this Act as thea [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 thea[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 thec [Executive Officer].

SECTION 84: APPEALS AGAINST ASSESSMENT

Act 15 of 1983. Clause 54.- This clause seeks to amendsection 84of the Act. The amendment to substitute sub-section ( 1 ) of that section provides that an appeal against the assessment or levy of, or against the refusal to refund, any tax under the Act will lie to the District Court. The other amendments are of consequential nature. - Gaz. of Ind., 9-7.1982. Pt. II.S. 2. Ext.p.51 (No.26).

SECTION 85: COSTS OF APPEAL

In every appeal the costs shall be in thea[discretion of the District Court] hearing the appeal.

SECTION 86: RECOVERY OF COSTS FROM BOARD

Act 15 of 1983. Clause56,-ln view of the amendments proposed tosection 84of the Act, a consequential amendment is being made insection 86 A new sub-section is also proposed to be inserted insection 86for the recovery by the Board the costs awarded to the Board in the same manner as moneys recoverable by the Board undersection 259 -Gaz. of Ind.. 9-7-1982. Pt. II, S. 2, Ext., p. 51 (No. 26).

SECTION 87: CONDITIONS OF RIGHT 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 undersection 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 undersection 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 thea[District 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 theb[Board]

SECTION 88: FINALITY OF APPELLATE ORDERS

The order of aa[District Court] confirming, setting aside or modifying an order in respect of any valuation or assessment or liability to assessment or taxation shall be final : Provided that it shall be lawful for thea [District Court], upon application or on its own motion, to review any order passed by it in appeal if application in this behalf is made within three months from the date of the original order.

SECTION 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 instalments, if any, as thea[Board] may by public notice direct.

SECTION 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.

SECTION 91: NOTICE OF DEMAND

Act 15 of 1983. Clause 59.- In view of the escalation in prices, it is proposed to enhance the fee for every notice of demand under sub-section (2) ofsection 91of the Act from one rupee to two rupees.- Gaz. of Ind.,9-7-1982, Pt. II.S. 2, Ext..p.51 (No. 26).

SECTION 92: RECOVERY OF TAX

Act 15 of 1983, Clause 60.- In addition to the distress and sale of movable property, it is also proposed to provide insection 92of the Act for attachment and sale of immovable property in the event of a tax remaining unpaid even after the service of the notice of demand. The provision would act as adeterrent to habitual defaulters who do not pay the taxes on demand. A safeguard has, however, been provided that the attached property would not be sold except under the orders of the Board, - Gaz, of Ind., 9-7- 1982, Pt. II, S. 2, Ext., p. 51 (No. 26).

SECTION 92A: INTEREST PAYABLE ON TAXES DUE

Act 15 of 1983, Clause 61.- This clause seeks to insert newsection 92Ain the Act for levying interest on the tax which has not been paid in time. The interest thus payable would also be recoverable in the same manner as moneys recoverable by the Board undersection 259 The interest could, however, be remitted by the assessing authority with the sanction of the Board, where no appeal has been preferred, and by the District Court In other cases, -Gaz. of Ind., 9-7-1982, Pt. II, S. 2, Ext..p.51 (No. 26).

SECTION 93: DISTRESS

(1) It shall be lawful for any servant of thea[Board] to whom a warrant issued undersection 92 is addressed to distrain wherever it may be foundb[in the cantonment]; any moveable property ofb [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 beddipg,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 ofhusbandry, 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.

SECTION 94: DISPOSAL OF DISTRAINED PROPERTY

Act 15 of 1983, Clause 62.- It is proposed to provide that the surplus sale proceeds from the disposal of distrained property shall also be given to the legal representatives. Further it is proposed to enhance the fee for a warr?nt of distraint or attachment from one rupee to two rupees in view of the escalation in prices. -Gaz. of Ind., 9-7-1982, Pt. II, S. 2, Ext., p. 51 (No. 26)

SECTION 94A: ATTACHMENT AND SALE OF IMMOVABLE PROPERTY

Act 15 of 1983, Clause 63.- In view of the amendment proposed tosection 92of the Act, a newsection 94Ais proposed to be inserted in the Act for the disposal of attached immovable property. -Gaz. of Ind., 9-7-1982, Pt. II, S. 2, Ext., p. 51 (No. 26).

SECTION 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 duea[or is about to become due] on account of any tax is about tob[move from the cantonment], he may direct the immediate payment by such person of the sum so due or about to become due, and causeb[a notice of demand] for the same to be served on such person.

c[(2) If, on the service of such notice, such person does not forthwith pay the sum so due or about to become due, the amount shall be leviable by distress and sale of movable property or attachment and sale of immovable property in the manner hereinbefore provided in this Chapter, and the warrant of such distress and sale or attachment and sale may be issued and executed without any delay.]

SECTION 96: POWER TO INSTITUTE SUIT FOR RECOVERY

Instead of proceeding against a defaulter bya[distress and sale of movable property of attachment and sale of immovable property] as hereinbefore provided in this Chapter, or after a defaulter has been so proceeded against unsuccessfully or with only partial success, any sum due or the balance of any sum due, as the case may be, from such defaulter on account of a tax may be recovered from him by a suit in any Court of competent Jurisdiction.

SECTION 97: POWER TO PROHIBIT OR EXEMPT FROM TAXATION

Everya[Board] shall be deemed to be a Municipal Committee for the purposes ofthe Municipal Taxation Act, 1881

SECTION 98: POWER TO MAKE SPECIAL PROVISION LOR CONSERVANCY

In certain cases

Aa[Board];may make special provision for the cleansing of any factory, hotel, club or group of buildings or land 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 thea[Board] of the services to be rendered.

SECTION 99: EXEMPTION IN THE CASE OF BUILDINGS

Act 15 of 1983, Clause 66.- The amendment proposed tosection 99of the Act seeks to exclude any building or lands of the Government from the levy of property tax. -Gaz. of lnd., 9-7-1982, Pt. II, S. 2, Ext., p. 51 (No. 26).

SECTION 99A: GENERAL POWER OF EXEMPTION

Thec[Central Government] may, by notification in thec[Official Gazette], exempt, either wholly or in part from the payment of any tax imposed under this Act, any person or class of persons or any property or goods or class-of property or goodsb[x x xx x]

SECTION 100: EXEMPTION OF POOR PERSONS

Aa[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.

SECTION 101: COMPOSITION

(1) Aa[Board] may, with the previous sanction of theb[Officer Commanding-in-Chief, the Command,] allow any person to compound for any tax.

(2) Every sum due byreason of the composition of a tax under sub-section (1) shall be recoverable as if it were a tax.

SECTION 102: IRRECOVERABLE DEBTS

Aa[Board] may write off any sum due on account of any taxb[or rate] or of the costs of recovering any taxb[or rate] if such sum is, in its opinion, irrecoverable:b[Provided that, where the sum written off in favour of any one person exceedsc[two hundred and fifty rupees], the sanction of the Officer Commanding-in-Chief. the Command shall be first obtained.]Act 15 of 1983, Clause 67.- The power of the Board undersection 102of the Act to write off any sum due to it is proposed to be enhanced from fifty rupees to two hundred and fifty rupees with the previous sanction of the Officer Commanding-in- Chief, the Command. -Gaz. of Ind., 9-7-1982, Pt. II, S. 2, Ext., p. 52 (No. 26),

SECTION 103: OBLIGATION TO DISCLOSE LIABILITY

Act 15 of 1983, Clause 68.- The amendment proposed tosection 103of the Act empowers the Executive Officer to call upon any inhabitant of the cantonment to ascertain not only about his liability to pay a tax, but also the fact that the tax has been correctly paid. This is necessary in cases where a person is about to move out of the cantonment to avoid immediate payment of tax by such person. The existing punishment for an offence under this section is considered inadequate in view of the escalation in prices and is being enhanced. -Gaz. of Ind. 9-7-1982, Pt. II, S. 2, Ext.. p. 52 (No. 26).

SECTION 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.

SECTION 105: DISTRAINT NOT TO BE INVALID BY REASON OF IMMATERIAL DEFECT

Noa[distress levied or attachment made] under this chapter shall be deemed unlawful, nor shall any person making the same be deemed a trespasser, on account only of any defect of form in the notice of demand,a[warrant of distress or attachment and sale] 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 compensation for the same by suit in a Court of competent jurisdiction.

CHAPTER 06: CANTONMENT FUND AND PROPERTY

Cantonment FundProperty

SECTION 106: CANTONMENT FUND

There shall beformed for every cantonment, acantonment fund, and there shall be placed to the credit thereof the following sums, namely :-

(a) the balance, if any, of the cantonment fund formed for the cantonment under the Cantonments Act, 1910.

(b) all sums received by or on behalf of thea[Board].

(c)b[* * * *]

SECTION 107: CUSTODY OF CANTONMENT FUND

Act 15 of 1983, Clause 70.- The amendment proposed tosection 107of the Act, enables the Board to keep cantonment fund in the State Bank of India or a subsidiary bank or a nationalised bank. The other amendments to this section are of consequential nature. -Gaz. of Ind., 9-7-1982, Pt. II, S. 2, Ext" p. 52 (No. 26).

SECTION 108: PROPERTY

Subject to any special reservation made by thea[Central Government]b[* * *], all property of the nature hereinafter in this section specified which has been acquired or provided or is maintained by ac[Board] shall vest in and belong to thatc[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 waterworks for the supply, storage or distribution of water for public purposes and all bridges, buildings, engines, materials and things connected therewith or appertaining thereto;

(d) all dust, dirt, dung, ashes, refuse, animal matter, filth and rubbish of every kind, and dead bodies of animals collected by thec[Board] from the streets, houses, privies, sewers, cesspools, or elsewhere, or deposited in places appointed by thec[Board] for such purpose;

(e) all lamps and lamp-posts and apparatus connected therewith or appertaining thereto;

(f) all lands or other property transferred to thec[Board]d[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.

SECTION 109: APPLICATION OF CANTONMENT FUND AND PROPERTY

The cantonment fund and all property vested in aa[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 thea[Board] : Provided that thea[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 theb[Central Government], and

(b) on such terms and conditions as theb[Central Government] may impose : Provided, further, that priority shall be given in the order hereinafter set forth to the fallowing liabilities and

obligations of aa[Board], that is to say,-

(a) to the liabilities and obligations arising from a trust legally imposed upon or accepted by thea [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;

(d)c[* * *]

(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,

Act 15 of 1983, Clause 7].- Clause (d) of the second proviso tosection 109of the Act is being omitted as the liability of maintaining public lunatic asylums and mental hospitals rests with the State Government underthe Indian Lunacy Act, 1912(4 of 1912). -Gaz. of Ind., 9-7-1982, Pt. II. S. 2, Ext., p. 52 (No. 26).

SECTION 110: ACQUISITION OF IMMOVABLE PROPERTY

When there is any hindrance to the permanent or temporary acquisition upon payment of any land required by aa[Board] for the purposes of this Act theb[Central Government] may, at the request of thea [Board],c[procure the acquisition thereof] under the provisions ofthe Land Acquisition Act, 1894, and on payment by thea[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 thea[Board].

CHAPTER 07: CONTRACTS

SECTION 112: CONTRACTS BY WHOM TO BE EXECUTED

- Subject to the provisions of this Chapter, everya[Board] shall be competent to enter into and perform any contract necessary for the purposes of this Act.

SECTION 113: SANCTIONS

Act 15 of 1983, Clauses 72 and 73.- The limit up to which the Executive Officer can enter into a contract underSection 113of the Act is proposed to be raised from rupees two hundred to rupees one thousand in view of the escalation in prices. Similarly, the limits beyond which a contract should be in writing undersection 114of the Act and up to which the Executive Officer can sign for the Board in time of emergency are propoied to be increased for the same reason from one hundred rupees to five hundred rupees and from five hundred rupees to two thousand and five hundred rupees respectively. - Gaz. of Ind., 9-7-1982, Pt. II, S. 2, Ext., p. 52 (No. 26).

SECTION 114: EXECUTION OF CONTRACTS

(1) Every contract made by or on behalf of aa[Board] the value or amount of which exceedsb[five hundred rupees], shall be in writing, and every such contract shall,c[* * *] 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,d[* * *]: Provided thatc[* * *] 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 exceeda[two thousand and 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.

SECTION 115: CONTRACTS IMPROPERLY EXECUTED NOT TO BE BINDING ON A BOARD

If any contract is executed by or on behalf of aa[Board] otherwise than in conformity with the provisions of this Chapter, it shall not be binding on thea[Board].

CHAPTER 08: DUTIES AND DISCRETIONARY FUNCTIONS OF a[BOARD]

SECTION 111: POWER TO MAKE RULES REGARDING CANTONMENT FUND AND PROPERTY

Thea[Central Government] may make rules consistent with this Act to provide for all or any of the following matters, namely:-

(a) the conditions on which property may be acquired byb[Boards] or on which property vested in ac[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 thea[Central Government], necessary,

SECTION 116A: POWER TO MANAGE PROPERTY

Ab[Board] may, subject to any conditions imposed by thec[Central Government], manage any property entrusted to its management by thec[Central Government] on such terms as to the sharing of rents and profits accruing from such property as may be determined by rule made under S. 280.]

SECTION 117: DISCRETIONARY FUNCTIONS OF BOARD

Act 15 of 1983, Clause 75.- Consequent to the deletion fromsection 116of the Act certain obligatory duties of the Board relating to establishment and maintenance of public hospitils. primary schools, etc. it is proposed to provide these duties as discretionary functions of the Board undersection 117 It it proposed to provide that it will. be the discretionary function of the Board to provide relief on the occurence of floods, famines or other natural calamities. Some additional functions or a discretionary nature are now being included in this section. -Gaz. of Ind. .9-7-1982. Pt. II.S. 2, Ext.,p. 53 (No. 26).

SECTION 117A: POWER OF EXPENDITURE FOR EDUCATIONAL PURPOSES OUTSIDE THE CANTONMENT

Ab[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 09: PUBLIC SAFETY AND SUPPRESSION OF NUISANCES

General NuisancesDogsTraffic

SECTION 118: PENALTY FOR CAUSING NUISANCES

-(1) Whoever-

(a) in any street or ether 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) eases himself, or wilfully 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 ''[vehicles]; or

(ix) being engaged in the removal of night-soil or other offensive matter or rubbish, wilfully 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 building, monuments, 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 waterpipe maintained by the [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 neighbourhood; or

(xv) carries night-soil or other offensive matter or rubbish at any hour prohibited by thee[Executive Officer] by public notice, or in any pattern ofd[vchicle] or receptacle which has not been approved for the purpose by thee[Executive Officer], or fails to close suchd[vehicle] 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 thee[Executive Officer] 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 thea[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 thee[Executive Officer] by public or special 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 shoutingf[or by using megaphone or loud-speakers] 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 carcase by the public conservancy establishment; or

(ii) to remove and dispose of the carcase in accordance with any general directions given by thea[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 theg[Executive Officer and in such manner as he 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,h[or]

h[(m) uses or permits to be used without previous permission of the Executive Officer any premises for any trade involving offensive smell Or smoke;]

shall be punishable with fine which may extend toi[two hundred and: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 toj[one hundred rupees].

(4) Any animal found picketedb[or straying] as aforesaid may be removed by any officer or servant of theb [Board] or by any police officer to a poundc[* * *]. Act 15 of 1983. Clause 76,- The use of megaphone or loudspeaker which may disturb the public peace or order and the use of any premises without the previous permission of the Executive Officer for any trade involving offensive smell or smoke are included as nuisances undersection 118of the Act. The powers of the Board under sub-clause (xv) of clause (a), clauses (b), (g) and (k) of sub-section (1) of the said section are proposed to be given to the Executive Officer as they are routine administrative functions. The existing penalty for an offence under sub-section ( 1 ) or subsection (3) ofsection 118of the Act is considered inadequate in view of the escalation in prices and is being enhanced. The other amendments are verbal. -Gaz. of Ind., 9-7-1982. Pt. II. S. 2, Ext., p, 53(No. 26).

SECTION 119: REGISTRATION AND CONTROL OF DOGS

-(1) Aa[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 militaryc[unit or establishment or detachment] of all dogs kept in the lines occupied by thatc[unit or establishment or detachment];

(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 oe 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 thea[Board] thinks fit.

(3)d[TheThe Executive Officer] may-

(a) cause to be destroyed, or to be confined for such period asb[he] 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 notice 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 streets or beyond the enclosures of the houses of their owners, if 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 otherwise 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) thea[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 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.

Act 15 of 1983, Clause 77.- The scope of the term "military unit insection 119(2)of the Act is being widened to as to include an cantonment or a detachment of troops. Provision regarding registration of dogs in military units is being made applicable to such establishments or detachments. The power of the Board under sub-section (3) of that section regarding confining the dogs suspected to be suffering from rabies is proposed to be vested in the Executive Officer as this is a matter relating to day-to-day administration. -Gaz. of Ind., 9-7-1982, Pt. II, S. 2, Ext., p. 53 (No. 26).

SECTION 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.

SECTION 121: USE OF INFLAMMABLE MATERIALS FOR BUILDING PURPOSES

- ( 1 ) Aa[Board] may by public notice, direct that within such limits in the cantonment as may be specified in the notice, the roofs and external walls of huts or other buildings shall not, without the permission in writing of thea[Board], be made or renewed of grass, mats, leaves or other inflammable materials, and may, by notice in writing require any person who has disobeyed any such direction as aforesaid to remove or alter the roofs or walls so made or renewed.

(2) Aa[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 aaforesaid to remove, such roof of 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 thea[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 consented thea [Board],b[it] shall made compensation, not exceeding the orginal cost Of constructing the roof or wall, for any damage caused by the removal..

SECTION 122: STACKING OR COLLECTING INFLAMMABLE MATERIALS

- Aa[Board] may, by public notice, prohibition in any case where such prohibition appears to it to be necessary for the prevention of denger 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, within any limits therein, which may be specified in the notice.

SECTION 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 he deemed to prohibit the useb[* * * *], of lights for purposes of illumination on the occasion of a festival or public or private entertainment.Act 15 of l983 Clause 79- It is considered that no permission of I he Board should berequired undersection 123of the Act for the purpose of illumination on the occasion of a festival or public or private entertainment as it isdifricult to control such celebration. Accordingly, reference to such permission is being deleted. Gaz.of Ind..9-7-19g2,Pt. II.S. 2, Exl" p. 53 (No. 26).

SECTION 124: REGULATION OF CINEMATOGRAPHIC AMI DRAMATIC PERFORMANCES

-(1) Notwithstanding anything contained in thec[any other law relating to sanctioning of cinematograph films for exhibition], no exhibition of pictures or other optical effects by means of a cinematograph or other like apparatus for the purpose of which inflammable films are used, and no public dramatic performanced[pantomine circus, carnival, exhibition, dance or other similar show for public recreation or amusement] shall be given in any cantonment elsewhere than in premises for which a licence has been granted by thea[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 performanced[pantomine circus, carnival, exhibition, dance or other similar show for public recreation of amusement] 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 toe[five hundred rupees], and. in the case of a continuing offence, with an additional fine which may extend toe[two hundred 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 performanced[pantomine circus, carnival, exhibition, dance or other similar show for public recreation of amusement] in any theatre or institute which is the property ofb[the Government] where the exhibition, performanced[pantomine circus, carnival, exhibition, dance or other similar show for public recreation of amusement] is held with the permission and under the control of the military authorities. Act 15 of 1983 Clause 80- The reference tothe Cinematograph Act 1918insection 124of the Act B proposed to be changed into a reference to any other law relating to sanctioning of cinemograph films for exhibition. Performances such as curcus. carnival, exhibition, dance or other similar show for public recreation or amusement are being brought under the provisions of this section. The penalty provided under that section is considered inadequate in view of the escalation in prices and is being enhanced. - Gaz. of Ind.. 9-7-l962. Pt. II. S. 2. Ext.. p. 33 (No. 26).

SECTION 125: DISCHARGING FIREWORKS, FIRE ARMS, ETC

- Whoever in a cantonment discharges any fire-arm or lets off fire-works or fire-balloons.a[or detonates or engages in any game or carries on works such as quarries, blasts, timber cutting of building operation in such manner as to cause] or to be likely to cause danger to persons passing by or dwelling or working in the neighbourhood or risk of injury to property shall be liable to fine. which may extend tob[two hundred and fifty- rupees.].Act 15 of 1983. Clause 81.- The scope ofsection 125of the Act relating to operations involving public hazards is proposed to be enlarged so as to cover quarries, building operations, etc.. involving risk of injury to persons, property or goods. The quantum of fine is considered inadequate in view of the escalation in prices and is being raised. Gaz. of Ind.. 9-7-1982, Pt. II. S. 2. Ext. p. 51 (.No. 26).

SECTION 126: POWER TO REQUIRE BUILDINGS, WELLS ETC., TO BE RENDERED 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 thea[Board],b[in a ruinous state or], for want of sufficient repairs, protection or enclosureb[a nuisance or] dangerous to persons passing by or dwelling or working in the neighbourhood, thea[Board]c[by notice in writing may], require the ownerd[or part-owner or person claiming to be the owner or part-owner thereof, of. failing any of them, the occupier] thereofe[to remove the same or may require him to repair],f[or to protect or to. enclose] the same in such manner as it thinks necessary, and, if the danger is, in the opinion of thea[Board], imminent, it shall forthwith take such steps as it thinks necessary to avert the same.

SECTION 127: ENCLOSURE OF WASTE LAND USED FOR IMPROPER PURPOSES

- Aa[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.

CHAPTER 10: SANITATION AND THE PREVENTION AND TREATMENT OF DISEASE

Sanitary AuthoritiesConservancy and Sanitation, .. 'Burial and Burning GroundsHospitals and dispensariesControl of Traffic for Hygienic PurposesSpecial Conditions Regarding Essential Services

SECTION 128: RESPONSIBILITY FOR SANITATION

- The following officers shall for the purposes of sanitation, have control over and be responsible for maintaining in a sanitary condition, those parts of a cantonment, respectively, which are specified in the case of each, that is to say :-

a[(a) the Officer Commanding the army in the cantonment - all buildings and lands which are occupied or used for air force purposes;

(b) the Officer Commanding the navy in the cantonment - all buildings and lands which are occupied or used for naval purposes.

(c) the Officer Commanding the station in the cantonment - all buildings and lands Which are occupied or used for air force purposes;

(d) the Officer Commanding the station in the Command - .all buildings and lands occupied or used for any defence purpose, other than those referred to in clauses (a), (b) and (c);

(e) the head of any civil department or railway administration occupying as such any part of the cantonment - all buildings and lands in his charge as head of that department or administration.] Act 15 of 1983, Clause 82.- Besides carrying out amendments insection 128of the Act consequent on the inclusion of naval station insection 3(vide clause 3), the area of responsibility in respect of various authorities in a cantonment in the matter of sanitation is proposed to be clearly defined. -Gaz. of Ind., 9- 7-1982, Pt. II, S. 2, Ext., p. 53 (No. 26).

SECTION 129: GENERAL DUTIES OF HEALTH OFFICER

- (1) The Health Officer shall exercise a general sanitary supervision over the whole cantonment, and shall submit monthly to thea[Board] a report as to the sanitary condition of the cantonment, together with such recommendations in connection therewith as he thinks fit.

(2) The Assistant Health Officer shall perform such duties in connection with the sanitation of the cantonment as are, subject to the control of thea[Board], allotted to him by the Health Officer.

SECTION 130: PUBLIC LATRINES, URINALS AND CONSERVANCY ESTABLISHMENTS

- All public latrines and urinals provided or maintained by aa[Board] shall be so constructed as to provide separate compartments for each sex and not to be a nuisance, and shall be provided with all necessary conservancy establishments, and shall regularly be cleansed and kept in proper order.

SECTION 130A: DUTY OF OCCUPIER TO COLLECT AND DEPOSIT RUBBISH ETC

- (1) It shall be the duty of an occupier of a building or land-

(a) to make adequate arrangements for the house scavenging of the building or land;

(b) to provide receptacles of the type and in the manner prescribed by the Executive Officer of the collection therein of all filth, rubbish and other offensive matter from such building or land and to keep such receptacle in good condition and repair;

(c) to cause all filth, rubbish and other offensive matter collected in receptacles and to be removed and deposited in the public receptacles, depots or places provided or appointed under sub-section (1) ofsection 132.

(2) For the purposes of this section andsection 131, "house scavenging" means the removal of filth, rubbish or other offensive matter from a privy, latrine, urinal, drain, cesspool or other common receptacle for such matter.]

Act 15 of 1983, Clause 83.- This clause seeks to insert newsection 130Ain the Act in order to fix responsibility on occupier of a building or land to collect and deposit rubbish and other offensive matter. -Gaz. of Ind.,9-7-1982; ft: II. S. 2, Ext., p. 54 (No. 26).

SECTION 131: POWER OF BOARD TO UNDERTAKE PRIVATE CONSERVANCY ARRANGEMENTS

- (1) On the application or with the consent of the occupier of any building or land, or, where the occupier of any building or land fails to make arrangements to the satisfaction ofa[the Executive Officer] for the matters referred to in this section, without such consent, and after giving notice in writing to the occupier,a[the Executive Officer] may undertake the house scavenging of any building or land in the cantonmentb[for such period as bethinks fit on such terms as he may specify in this behalf.

(2) Wherea[the Executive Officer] has undertaken the duties referred to in this section, all matter removed in the performance of.such duties shall be the property ofa[the Board]. c[(3) * * *]

SECTION 132: DEPOSIT AND DISPOSAL OR RUBBISH, ETC

- (1) Everya[Board] shall provide or appoint, in proper and convenient situations, public receptacles, depots or places for the temporary deposit or disposal of household rubbish, offensive matter, carcasses of dead animals and sewage.

(2) Theb[Executive Officer] may, by public notice, issue directions as to the time at which, the manner in which, and the conditions subject to which, any matter referred to in sub-section (1) may be removed along a street or may be deposited or otherwise disposed of.

(3) All matter deposited in receptacles, depots or places provided or appointed under this section shall be the property of thea[Board].

SECTION 133: CESSPOOLS, RECEPTACLES FOR FIFTH, ETC

- The Executive Officer of any cantonment may, by notice in writing,-

(a) require any person having the control whether as owner, lessee or occupier of any land or building in the cantonment-

(i) to close cesspool appertaining to the land or building which is in the opinion of the Executive Officer, a nuisance; or

(ii) to keep in a clean condition, in such manner as may be prescribed by the notice, any receptacle for filth or sewage accumulating on the land or in the building; or

(iii) to prevent the water of any private latrine, urinal, sink or bathroom or any other offensive matter, from soaking, draining or flowing, or being put, from the land or building upon any street or other public place, or into any water-course, or into any drain not intended for the purpose; or

(iv) to collect and deposit for removal by the conservancy establishment of thea[Board], within such time and in such receptacle or placeb''[* * * * *] as may be any drain leading into a public drain; or

(c) require any person having the control of a drain in the cantonment to cleanse, purify, repair or alter the same, or otherwise put it in good order, within such time as may be specified in the notice. Act 15 of 1983, Clause 86.- The Executive 0fficer undersection 133of the Act can require occupiers of buildings to col)ect and deposit offensive matter remaining in the building in a receptacle for removal by the conservancy establishment of the Board. There is a restriction that such receptacle should be situated within one hundred feet of the nearest boundary of the premises. This being not practicable of implementation, it is proposed to remove the restriction relating to distance. -Gaz. of Ind., 9-7-1982, Pt. II, S. 2, Ext., p. 54 (No. 26).

SECTION 134: FILLING UP OF TANK, ETC

-(1) Where any well, tank, cistern, reservoir, receptacle, or other place in the cantonment where water is stored or accumulates, whether within any private enclosure or not, is in such a condition as to create a nuisance or, in the opinion of the Health Officer, or the Assistant Health Officer, is or is likely to be a breeding place for mosquitoes, the [Board] may, by notice in writing, require, the owner, lessee or occupier thereof, within such period as may be specified in the notice, to fill up or cover the well, cistern, reservoir or receptacle, or to fill up the tank, or to drain off or remove the water, as the case may be.

(2) Thea[Board] may, if it thinks fit, with the previous sanction of theb[Officer Commanding-in- Chief, the Command],c[or the Director], meet the whole or any portion of the expenses incurred in complying with a requisition under sub-section (1). Act 15 of 1983, Clause 87.- This clause seeks to amendsection 134of the Act to provide that the power to sanction expenditure for filling up of tank. reservoir, etc., on the recommendation of the Health Officer could also be exercised by the Director. Defence Lands and Cantonments, the Command, in addition to Officer Commanding-in-Chitf. the Command. -Gaz. of Ind.. 9-7-1982. Pt. II, S. 2, Ext., p. 54 (No. 26).

SECTION 135: PROVISION OF LATRINES, ETC

- Aa[The Executive Officer] may, by notice in writing, require t owner or lessee of any building or land in the cantonment to provide, in such manner as may be specified in the notice, any latrine, urinal, cesspool, dustbin or other receptacle for filth, sewage or rubbish, or any additional latrine, urinal, cesspool or other receptacle as aforesaid, which shouldb[in his opinion] be provided for the building or land.

SECTION 136: SANITATION IN FACTORIES, ETC

- Every person employing, whether on behalf of the Government or otherwise, more than ten workmen or labourers, and every person managing or having control of a market, school, theatre or other place of public resort, in a cantonment shall give notice of the fact to thea[Executive Officer] and shall provide such latrine, and urinals, and shall employ such number of sweepers, as thea[Executive Officer] thinks fit, and shall cause the latrines and urinals to be kept clean and in proper order. Provided that nothing in this section shall apply in the case of a factory to which thea[Factories Act, 1948], applies.Act 15 of 1983, Clause 89.- As the functions undersection 136of the Act are routine administrative functions, it is proposed to vest these functions in the Executive Officer. The other amendment is for changing the reference tothe Indian Factories Act. 1911into a reference tothe Factories Act, 1948 -Gaz. of Ind., 9-7- 1982. Pt. IIS.2. Ext.,.p. 54 (No. 26).

SECTION 137: PRIVATE LATRINES

- Aa[Board] may, by notice in writing-

(a) require the owner or other person having the control of any private latrine or urinal in the cantonment not to put the same to public use; or

(b) where any plan for the construction of private latrines or urinals has been approved by thea [Board], and copies thereof may be obtained free of charge on application,-

(i) require any person repairing or constructing any private latrine or urinal not to allow the same to be used until it has been inspected by or under the direction of the Health officer and approved by him as conforming with such plan; or

(ii) require any person having control of any private latrine or urinal or re-build or alter the same in accordance with such plan; or

(c) require the owner or other person having the control of any such private latrine or urinal which, in the opinion of thea[Board], constitutes a nuisance, to remove the latrine or urinal; or

(d) require any person having the control whether as owner, lessee or occupier of any land or building in the cantonment-

(i) to have any latrines provided for the same shut out by a sufficient roof and wall or fence from the view of persons passing by or dwelling in the neighbourhood, or

(ii) to cleanse in such manner as thea[Board] my specify in the notice any latrine or urinal belonging to the land or building,

(e) require any person being the owner and having the control of any drain in the cantonment to provide, within ten days from the service of the notice, such covering as may be specified in the notice.

SECTION 138: REMOVAL OF CONGESTED BUILDINGS

- ( 1 ) Where it appears to aa[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 acommittee consisting of

(a) the Health Officer,

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

(c) the Executive Engineer or a person deputed by the Executive Engineer in this behalf, and c[(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 thea[(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, thea[(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 thea[Board] shall make compensation to the owners for any building so removed which may have been erected under proper authority: Provided, further, that thea[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 not been erected under proper authority.

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

SECTION 139: OVERCROWDING OF DWELLING HOUSES

- (1) Where it appears to aa[Board] that any building or part of a building in the cantonment which is used as a dwelling house is so overcrowded as to endanger the health of the inmates thereof, it may, after such inquiry as it thinks fit, by notice inwriting require the owner or occupier of the building or part thereof, as the case may be, within such time not being less than one month as may be specified in the notice, to abate the overcrowding of the same by reducing the number of lodgers, tenants, or other inmates to such number as may be specified in the notice.

(2) Any person who fails, without reasonable cause, to comply with a requisition made upon him under sub-section (1) shall be punishable with fine which may extend toa[two hundred and fifty rupees], and, in the case of a continuing offence, to an additional fine which may extend tob [Twenty-five rupees] for every day after the first during which the failure has continued.

SECTION 140: POWER TO REQUIRE REPAIR OR ALTERATION OF BUILDING

- (1) Where any building in a cantonment is so ill-constructed or dilapidated as to be, in the opinion of thea[Board], in an insanitary State, thea[Board] may, by notice in writing, require the owner within such time as may be specified in the notice, to execute such repairs or to make such alterations as it thinks.necessary for the purpose of removing such defects,

(2) A copy of every notice issued under sub-section (1) shall be conspicuously posted on the building to which it relates.

(3) A notice issued under sub-section (1) shall be deemed to have been complied with if the owner of the building to which it relates has, instead of executing the repairs or making the alterations directed by the notice, removed the building.

SECTION 141: POWER TO REQUIRE LAND OR BUILDING TO BE CLEANSED

- (1) If any building or land, whether tenantable or otherwise, is-

(i) in an insanitary, filthy or unwholesome state, or

(ii) in the opinion of the Executive Officer, a nuisance to person residing in the neighbour- hood; or

(iii) overgrown with prickly-pear or rank and noisome vegetation. The Executive Officer may, by notice in writing, require the owner, lessee or occupire of such building or land to clean, limewash internally or externally, clear, or otherwise put such building or land in a proper state within such period as may be specified in the notice.

(2) Any person who fails to comply with the notice issued under sub-section (1) shall be punishable with fine, which may extend to five hundred rupees, and, in the case of a continuing offence, with an additional fine which may extend to twenty-five rupees for each day after the first during which the offence continues.]

Act 15 of 1983, Clause 91.- This clause seeks to substitute a new section forsection 141of the Act to enable the Executive officer to require land or building to be cleansed. This new section is more comprehensive and is in line with the provisions contained in other municipal laws. -Gaz. of Ind., 9-7- 1982. Pt. II, S. 2, Ext., p. 54 (No. 26).

SECTION 142: POWER TO ORDER DISUSE OF HOUSE

- If aa[Board] is satisfied that any building or part of a building in the cantonment which is intended for or used as a dwelling place is unfit for human habitation, it may cause a notice,to be posted on some conspicuous part of.the building prohibiting the owner or occupier thereof from using the building or room for human habitation, or allowing it to be so used, until it has been rendered fit for such use to the satisfaction of thea[Board].

SECTION 143: REMOVAL OF NOXIOUS VEGETATION

--a[The Executive Officer] may, by notice in writing, require the owner, lessee, or occupier of any land in the cantonment to clear away and remove any thick or noxious vegetation or undergrowth, which appearsb[to him] to be injurious to health or offensive to persons residing in the neighbourhood.

SECTION 144: AGRICULTURE AND IRRIGATION

- Where, in the opinion of aa[Board], the cultivation in the cantonment of any description of crop or the use therein of any kind of manure or the irrigation of any land therein in any specified manner is likely to be injurious to the health of persons dwelling in the neighbourhood, thea[Board] may, by public notice, prohibit such cultivation, use or irrigation after such date as may be specified in the notice, or may, by a like notice, direct that it shall be carried out subject to such conditions as thea[Board] thinks fit: Provided that if, when a notice is issued under this section, any land to which it relates has been lawfully prepared for cultivation or any crop is sown therein or is standing thereon, thea[Board] shall, if it directs that the notice is to take effect on a date earlier than that by which the crop would ordinarily be sown or reaped, as the case may be, make compensation to all persons interested in the land or crop for the loss, if any, incurred by them respectively by reason of compliance with the notice.

SECTION 145: POWER TO CALL FOR INFORMATION REGARDING BURIAL AND BURNING GROUNDS

- Aa[The Executive Officer] may, by notice in writing, require the owner or person in charge of any burial or burning ground in the cantonment to supply such information as may be specified in the notice concerning the condition, management or position of such ground.

SECTION 146: PERMISSION FOR USE OF NEW BURIAL OR BURNING GROUND

- (1) No place in a cantonment which has not been used as a burial or burning ground before the commencement of this Act shall be so used without the permission in writing of thea[Board].

(2) Such permission may be granted subject to any conditions which thea[Board] thinks fit to impose for the purpose of preventing annoyance to, or danger to the health of, persons residing in the neighbourhood.

SECTION 147: POWER TO REQUIRE CLOSING OF BURIAL OR BURNING GROUND

-(1) Where aa[Board], after making or causing to be made local inquiry, is of opinion that any burial or burning ground in the cantonment has become offensive to, or dangerous to the health - of, persons living in the neighbourhood, it may, with the previous sanction of theb[Central Government], by notice in writing, require the Owner or person in charge of such ground to close the same from such date as may be specified in the notice.

(2) Where theb[Central Government] sanctions the issue of any notice under sub-section (1), it shall declare the conditions on which the burial or burning ground may be re-opened, and a copy of such declaration shall be annexed to the notice.

(3) Where theb[Central Government] sanctions the issue of any such notice, it shall require a new burial or burning ground to be provided at the expense of the cantonment fund, or, if the community concerned is witling to provide a new burial or burning ground, theb[Central Government] shall require a grant to be made from the cantonment fund towards the cost of the same.

(4) No corpse shall be buried or burnt in any burial or burning ground in respect of which a notice issued under this section is for the.time being in.force.

SECTION 148: EXEMPTION FROM OPERATION OF SECTIONS 145 TO 147

- The provisions ofsections 145,, 146 and 147, shall not apply in the Case of any burial ground which is for the time being managed by or on behalf of the Government.

SECTION 149: REMOVAL OF CORPSES

- Aa[Board] may, by public notice, prescribe routes in the cantonment by which alone corpses may be removed to burial or burning grounds.

SECTION 150: OBLIGATION CONCERNING INFECTIOUS OR CONTAGIOUS DISEASES

-(1) Any person being in charge of, or in attendance, whether as a medical practitioner or otherwise, upon any person in a cantonment whom he knows or has reason to believe to be suffering from a contagious or infectious disease, or being the owner, lessee or occupier of any building in a cantonment in which he knows that any person is so suffering, shall, forthwith give information to the Board respecting the existence of such disease.

(2) No person shall-

(a) knowing that he is suffering from a contagious or an infectious disease, expose other persons to the risk of infection by his presence or conduct in any public street or public place.

(b) having the care of a person whom he knows to be suffering from a contagious or an infectious disease cause or permit that person to expose other persons to the risk of infection by his presence or conduct in any such street or place as aforesaid:

(c) place or cause to be placed in a dustbin or other receptacle for the deposit of rubbish any matter which he knows or has reason to believe to have been exposed to infection from a contagious or an infectious disease and which has not been disinfected properly.

(d) throw or cause to be thrown into any latrine or urinal any matter which he knows or has reason to believe to have been exposed to infection from a contagious or an infectious disease and which has not been disinfected properly.

(3) Nothing contained in sub-section (1) or sub-section (2) shall apply in the case of venereal disease where the person suffering therefrom is under specific and adequate medical treatment and is by reason of his habits.and conditions of life and residence unlikely to spread the disease.

(4) Whoever

(a) fails to give information or gives false information to the Board respecting the existence of such disease as is referred to in sub-section (1), or

(b) contravenes the provisions of sub-section (2), shall be punishable with fine which may extend to five hundred rupees:

Provided that no person shall be punishable for failure to give information if he had reasonable cause to believe that the information had already been duly given.] Act 15 of 1983. Clause 94.-Section 150of the Act is proposed to be substituted by a new section so as to bring it in line with similar provisions contained, in other municipal laws. Penalty for furnishing false information is also proposed to be enhanced in view of the escalation in prices.- Gaz. of Ind., 9-7-1982, Pt: II, S. 2.Ext., p. 54 (No. 26).

SECTION 151: SPECIAL MEASURES IN CASE OF OUTBREAK OF INFECTIOUS OR EPIDEMIC DISEASES

- (1) In the event of a cantonment being visited or threatened by an outbreak of any infectious or contagious disease among the inhabitants thereof or of any epidemic disease among any animals therein, thea[Officer Commanding-in-Chief, the Command], if he thinks .that the provisions of this Act or of any law for the time being in force in the cantonment are insufficient for the purpose, may, with the previous sanction of theb[Central Government],-

(a) take such special measures and

(b) by public notice, make such temporary regulations to be observed by the public or by any class or section of the public. as he thinks necessary to prevent the outbreak or the spread of the disease: Provided that, where in the opinion of thea[Officer Commanding-in-Chief, the Command]. immediate measures are necessary, he may take action without such sanction as aforesaid and, if he does so shall forthwith report such action to theb[Central Government].

(2) Whoever commits a breach of any temporary regulation made under sub-section ( 1 ) shall be deemed to have committed an offence undersection 188 of the Penal Code.

SECTION 152: POWER TO REQUIRE NAMES OF DAIRYMAN'S CUSTOMERS

- Where it is certified to the Executive Officer by a medical practitioner that the outbreak or spread of any infectious or contagious disease in the cantonment is, in the opinion of such medical practitioner, attributable to the milk supplied by any dairyman, the Executive Officer may, by notice in writing require the dairyman, within such time as may be specified in the notice, to furnish him with a full and complete list of the names and addresses of all his customers within the cantonment, or to give him such information as will enable him to trace the persons to whom the dairyman has sold milk.

SECTION 153: POWER TO REQUIRE NAMES OF A WASHERMAN'S CUSTOMERS

- Where it is certified to the Executive Officer by the Health Officer that it is desirable, with a view to prevent the spread of any infectious or contagious discase in the cantonment, that the Health Officer should be furnished with a list of the customers of any washerman, the Executive Officer may, by notice in writing, require the washerman, within a time to be specified in the notice, to furnish the Health Officer with a full and complete list of the names and addresses of all owners within the cantonment of clothes and other articles which the washerman washes or has washed during the six weeks immediately preceding the date of the notice.

SECTION 154: REPORT AFTER INSPECTION OF DAIRY OR WASHERMAN'S PLACE OF BUSINESS

- Where, after inspection, the Health Officer is of opinion that any infectious or contagious disease is caused or is likely to arise in the cantonment from the consumption of the milk supplied from a dairy or from the washing of clothes or other articles in any place, or from any process employed by a washerman, he shall report the matter to the Executive Officer.

SECTION 155: ACTION ON REPORT SUBMITTED BY HEALTH OFFICER

- Upon receipt of a report submitted by the Health Officer undersection 154, the Executive Officer may, by notice in writing,-

(a) prohibit the supply of milk from the dairy until the notice has been withdrawn; or

(b) prohibit the washerman from washing clothes or other articles in any such place or by any such process as aforesaid until the notice has been withdrawn or unless he uses such place in such manner, or washes by such process, as the Executive Officer may direct in the notice.

SECTION 157: CONTAMINATION OF PUBLIC CONVEYANCE

- Whoever in a cantonment-

(a) uses a public conveyance while suffering from an infectious or contagious disease, or

(b) uses a public conveyance for the carriage of a person who is suffering from any such disease, or

(c) uses a public conveyance for the carriage of the corpse of a person who has died from any such disease, shall be bound to take proper precautions against the communication of the disease to other persons using or who may thereafter use the conveyance and to notify such use to the owner. driver or person in charge of the conveyance, and further to report without delay to the Executive Officer the number of the conveyance and-the name of the person so notified.

SECTION 158: DISINFECTION OF PUBLIC CONVEYANCE

-(1) Where any person suffering from, or the corpse of any person who has died from, an infectious or contagious disease has been carried in a public conveyance which ordinarily plies in a cantonment, the driver thereof shall forthwith report the fact to the Executive Officer who shall forthwith cause the conveyance to be disinfected if that has not already been done.

(2) No such conveyance shall be brought again into use until the Executive Officer has granted a certificate slating that it can be used without causing risk of infection.

SECTION 159: PENALTY FOR FAILURE TO REPORT

- Whoever fails to make to the Executive Officer any report which he is required to make bysection 157orsection 158 shall be punishable with fine which may extend toa[five hundred rupees].

SECTION 160: DRIVER OF CONVEYANCE NOT BOUND TO CARRY PERSON SUFFERING FROM INFECTION OR CONTAGIOUS DISEASE

- Notwithstanding anything contained in any law for the time being in force. no owner, driver of person in charge of a public conveyance shall be bound to convey or to allow to be conveyed in such conveyance in or in the vicinity of a cantonment any person suffering from an infectious or contagious disease or the corpse of any person who has died from such disease unless and until such person pays or tenders a sum sufficient to cover any loss and expense which would ordinarily be incurred in disinfecting the conveyance.

SECTION 161: DISINFECTION OF BUILDING OR ARTICLES THEREIN

- Where aa[Board] is upon the advice of the Health Officer, of opinion that the cleansing and disinfection of any building or part of a building in the cantonment or of any articles in any such building or part which are likely to retain infection, or the renewal of the flooring of any such building or part of such building, would tend to prevent or check the spread of any infectious or contagious disease,b[the Board may], by notice in writing, require the owner or occupier to cleanse and disinfect the said building, part or articles, as the case may be, or to renew the said flooring, within such time as may be specified in the notice: Provided that where, in the opinion of thea[.Board], the owner or occupier is from poverty or any other cause unable effectually to carry out any such requisition thea[Board] may, at the expense of the cantonment fund, cleanse and disinfect the building, part or articles, or, as the case may be, renew the flooring.

SECTION 162: DESTRUCTION OF INFECTIOUS HUT OR SHED.-

(1) Where the destruction of any hut or shed in a cantonment is, in the opinion of thea[Board] necessary to prevent the spread of any infectious or contagious disease, thea[Board] may, by notice in writing, require the owner to destroy the hut, or shed and the materials thereof within such time as may be specified in the notice.

(2) Where the President of a Boardb[* * *] is satisfied that the destruction of any hut or shed in the cantonment is immediately necessary for the purpose of preventing the spread of any infectious or contagious disease, he may order the owner or occupier of the hut or shed to destroy the same forthwith, or may himself cause it to be destroyed after giving not less than two hours notice to the owner or occupier thereof.

(3) Thea[Board] shall pay compensation to the owner of any hut or shed destroyed under this section.

SECTION 163: TEMPORARY SHELTER FOR INMATES OF DISINFECTED OR DESTROYED BUILDING OR SHED

- Thea[Board] shall provide free of charge temporary shelter or house accommodation for the members of any family in which an infectious or contagious disease has appeared who have been compelled to leave their dwelling by reason of any proceedings taken undersection 161orsection 162, and who desire such shelter or accommodation as aforesaid to be provided for them.

SECTION 164: DISINFECTION OF BUILDING BEFORE LETTING THE SAME

-(1) Where in a cantonment any building or part of a building is intended to be let in which any person has, within the six weeks immediately preceding, been suffering from an infectious or contagious disease, the person letting the building or part shall before doing so disinfect the same in such manner as the '[Executive Officer] may, by public or special notice, direct, together with all articles therein liable to retain infection.

(2) For the purposes of this section, the keeper of an hotel, lodging house or sarai shall be deemed to let to any person who is admitted as a guest therein that part of the building in which such person is permitted to reside.

SECTION 165: DISPOSAL OF INFECTED ARTICLE WITHOUT DISINFECTION

- No person shall, without disinfection of the same, give, lend, sell, transmit or otherwise dispose of to another person any article or thing which he knows or has reason to believe has been exposed to contamination by any infectious or contagious disease and is likely to be used in, or taken into, a cantonment.

SECTION 166: MEANS OF DISINFECTION

- (1) Everya[Board] shall-

(a) provide proper places with necessary attendants and apparatus for the disinfection of conveyances, clothing, bedding or other articles which have been exposed to infection;

(b) cause conveyances, clothing or other articles brought for disinfection to be disinfected either free of charge or on payment of such charges as it may fix.

(2) Aa[Board] may notify places at which articles of clothing, bedding, conveyances or other articles which have been exposed to infection shall be washed, and, if it does so, no person shall wash any such thing at any place not so notified without having previously disinfected such thing.

(3) The President of a Boardb[* * *] may direct the destruction of any clothing, bedding or other article in the cantonment likely to retain infection, and may give such compensation as he thinks fit for any article so destroyed.

SECTION 167: MAKING OR SELLING OF FOOD ETC., OR WASHING CLOTHES BY INFECTED PERSON

- Whoever, while suffering from or in circumstances in which he is likely to spread, any infectious or contagious disease,-

(a) makes, carries or offers for sale in a cantonment or takes any part in the business of making, carrying or offering for sale therein any article of food or drink or any medicine or drug for human consumption, or any article of clothing or bedding for personal use or wear, or

(b) takes any part in the business of the washing or carrying of clothes, shall be punishable with fine which may extend toa[five hundred rupees].

SECTION 168: POWER TO RESTRICT OR PROHIBIT SALE OF FOOD OR DRINK

- When a cantonment is visited or threatened by an outbreak of any infectious or contagious disease, thea[Board] may, by public notice, restrict in such manner or prohibit for such period, as may be specified in the notice, the sale or preparation of any article of food or drink for human consumption specified in the notice or the sale of any flesh of any description of animals so specified.

SECTION 169: CONTROL OVER WELLS, TANKS, ETC

- (1) If aa[Board] is of opinion that the water in any well, tank or other place is likely, if used for drinking, to engender, or cause the spread of, any disease, it may,-

(a) by public notice, prohibit the removal or use of such water for drinking;

(b) by notice in writing, require the owner or person having control of such well, tank or place to take such steps as may be directed by the notice to prevent the public from having access to or using such water: or

(2) In the event of a cantonment or any part of a cantonment being visited or threatened by an outbreak of any infectious or contagious disease, the Health Officer or any person authorised by him in this behalf may. without notice and at any time, inspect and disinfect any well, tank or other place from which water is, or is likely to be. taken for the purposes of drinking, and may further take such steps as he thinks fit to ensure the purity of the water or to prevent the use of the same for drinking purposes.

SECTION 170: DISPOSAL OF INFECTIOUS CORPSE

- Where any person has died in a cantonment from any infectious or contagious disease, the Executive Officer may, by notice in writing,-

(a) require any person having charge of the corpse to convey the same to a mortuary, thereafter to be disposed of in accordance with law: or

(b) prohibit the removal of the corpse from the place where death occurred except lor the purpose of being buried or burned or of being conveyed to a mortuary.

SECTION 171: MAINTENANCE OR AIDING OF HOSPITALS OR DISPENSARIES

-( 1 ) Aa[Board] may-

(a) provide and maintain either within or without the cantonment as many hospitals and dispensaries as it thinks fit: or

(b) make, upon such terms as it thinks fit to impose, a grant-in-aid to any hospital or dispensarya[or veterinary hospital], whether within or without the cantonment, not maintained by it.

(2) Every hospital or dispensary maintained or aided under sub-section (1) shall have attached to it a ward or wards for the treatment of persons suffering from infectious or contagious disease.

(3) A medical officer, appointed in such manner as thec[Central Government] may direct, shall be in-charge of every hospital or dispensary, maintained or aided under this section.

SECTION 172: MEDICAL SUPPLIES, APPLIANCES, ETC

- (1) Every hospital or dispensary maintained or aided undersection 171shall be maintained in accordance with any general or special orders of thea[Central Government]b[* * *] for the conduct of hospitals and dispensaries or in accordance with the said orders modified in such manner as thea[Central Government]b[* * *],c[* * *] thinks fit.

(2) Thed[Board] shall cause every such hospital or dispensary to be provided with all requisite drugs, instruments, apparatus, furniture and appliances and with sufficient cots. bedding and clothing for in-patients.

SECTION 173: FREE PATIENTS

- At every hospital or dispensary maintained or aided under section 171, the sick poor of the cantonment and other inhabitants of the cantonment suffering from infectious or contagious diseases, and. with the sanction of thea[Board], any other sick persons. may receive medicalb[or surgical] {treatment free of costs, and. if treated as in-patients, shall be either dieted gratuitously or. if the medical officer incharge so directs, shall be granted subsistence allowance on such scale as thea[Board] may fix:c[* *]Act 15 of 1983. Clause 98.-The proviso tosection 173of the Act is obsolete and is being omitted. Gaz. Of Ind.. 9-7-1982. Pt. II. S. 2. Ext.. p. 54 (No. 26).

SECTION 174: PAYING PATIENTS

- Any sick person who is ineligible to receive medicala[or surgical] treatment free of costs in any hospital or dispensary undersection 173may be admitted to treatment therein upon such terms as theb[Board] thinks fit.

SECTION 175: POWER TO ORDER PERSON TO ATTEND HOSPITAL OR DISPENSARY

- (1) If the Health Officer or the medical officer in-charge of a hospital or dispensary maintained or aided undersection 171has reason to believe that any person living in the cantonment is suffering from an infectious or contagious disease, he may, by notice inwriting, call upon such person to attend for examination at any such hospital or dispensary at such time as may be specified in the notice and not to quit it without the permission of the medical officer in-charge: and, on the arrival of such person at the hospital or dispensary, the medical officer in-charge thereof may examine him for the purpose of satisfying himself whether or not such person is suffering from an infectious or contagious disease: Provided that, if. having regard to the nature of the disease or the condition of the person suffering therefrom, or the general environment and circumstances of such person, the Health Officer or medical officer, as the case may be, considers that the attendance of such person at a hospital or dispensary is likely to prove unnecessary or inexpedient, he shall examine such person at such person's own residence.

(2) If any person, on examination under sub-section (1). is found to be suffering from an infectious or contagious disease, the Health Officer or medical officer as the case may be, may cause him to be detained in hospital until he is free from the infection or contagion: Provided that if. Having regard to the nature of the discase or the condition of the person suffering therefrom, or the general environment and circumstances of such person, he considers that the detention of such person at a hospital or dispensary is unnecessary or inexpedient, he shall discharge such person and take such measures or give such directions in the matter as he thinks necessary.

SECTION 176: POWER TO EXCLUDE FROM CANTONMENT PERSONS REFUSING TO ATTEND HOSPITAL OR DIS -- PENSARY

- (1) If the Health Officer or the medical officer in charge of a hospital or dispensary maintained or aided undersection 171reports in writing to thea[Officer Commanding the station] that any person having received a notice-undersection 175has refused or omitted to attend at the hospital or dispensary, specified in the notice, or that such person, having attended the hospital or dispensary, has quitted it without the permission of such medical officer, or that any person has failed to comply with any direction given to him undersection 175, thea[Officer Commanding the station] may, by order in writing, direct such person to remove from the cantonment within twenty-four hours and not to reamer it without his permission in writing.

(2) No person who has under sub-section (1) been ordered to remove from and not to re-enter a cantonment shall enter any other cantonmentb[* * *] without the written permission of thec [Officer Commanding the station].

SECTION 177: ROUTES FOR PILGRIMS AND OTHERS

- (1) Aa[Board] may provide or prescribe suitable routes for the use of persons passing through the cantonment-

(a) on their way to or from fairs or places of pilgrimage or other places of public resort; or

(b) during times when an infectious or contagious disease is prevalent; and may, by public notice, require such persons as aforesaid to use such routes and no others.

(2) All routes provided or prescribed under sub-section (1) shall be clearly and sufficiently indicated by thea[Board].

SECTION 178: CONDITIONS OF SERVICE OF SWEEPERS

- (1) Whoever, being ac[safaiwala] employed by aa[Board] in the absence of a written contract authorising him so to do and without reasonable cause, resigns his employment or absents himself from his duty without having given one month's notice to thea[Board], or neglects or refuses to perform his duties, or any of them, shall be punishable with imprisonment which may extend to one month.

(2) Theb[Central Government] may, by notification in theb[Official Gazette] direct that on and from such date as may be specified in the notification, the provisions of this section shall apply in the case of any specified class of servants employed by ab[Board] whose 'functions intimately concern the public health or safety.

(3) For the purpose of this section,d'["safaiwala" includes any lower grade employee] employed bya[Board] in the removal or disposal of filth or rubbish.

CHAPTER 11: CONTROL OVER BUILDINGS, STREETS, BOUNDARIES, TREES, ETC.

BuildingsStreetsBoundaries and Trees

SECTION 178A: SANCTION FOR BUILDING

- No person shall erect or re-erect a building on any land in a cantonment-

(a) in an area, other than the civil area, except with the previous sanction of the Board;

(b) in a civil area, except with the previous sanction of the Executive Officer, nor otherwise than in accordance with the provisions of this Chapter and of the rules and bye-laws made under this Act relating to the erection and re-erection of building.] Act 15 of 1983, Clause 100.-This clause seeks to substitute a new section forsection 178Aof the Act to provide that for the sanction of building plans a notice by an individual intending to erect or re-erect a building in the civil area should be given to the Executive Officer. In the remaining area of the cantonment, however, the building application will be submitted to the Board as usual. This is considered necessary to alleviate the hardship of the people intending t

SECTION 179: NOTICE OF NEW BUILDINGS

- a[(1) Whoever intends to erect or re-erect any building in acantonment shall apply for sanction by giving notice in writing of his intention,-

(a) where such erection or re-erection is in an area, other than the civil area, to the Board;

(b) where such erection or re-erection is in a civil area, to the Executive Officer],

(2) For the purposes of this Act, a person shall be deemed to erect or re-erect a building who-

(a) makes any material alteration or enlargement of any building, or

(b) converts into a place for human habitation any building not originally constructed for that purpose, or

(d) converts two or more places of human habitation into a greater number of such places, or

(e) converts into a stable, cattle-shed or cowhouse any building originally constructed for human habitation, or

b[(ee) converts into a dispensary, stall, shop, warehouse, godown, factory or garage any building originally constructed for human habitation, or]

(f) makes any alteration which there is reason to believe is likely to affect prejudicially the stability or safety of any building or the condition of any building in respect of drainage, sanitation or hygiene, or

(g) makes any alteration to any building which increases or diminishes the height of, or area covered by, or the cubic capacity of, the building, or which reduces the cubic capacity of any room in the building below the minimum prescribed by any bye-law made under this Act. Act 15 of 1983, Clause 101.-It is proposed to substitutesection 179( 1)of the Act so as to include within its scope any buildings originally constructed for human habitation and later converted into commercial purposes. The other amendments are consequential to the substitution of new section for section 178A (vide clause 100). -0m. of lnd" 9-7- 1982. Pt. II, S. 2, Ext., p. 54 (No. 26).

SECTION 180: CONDITIONS OF VALID NOTICE

- ( 1 ) A person giving the notice required bySection 179shall specify the purpose for which it is intended to use the building to which such notice relates.

(2) No notice shall be valid until the information required under sub-section (1) and any further information and plans which may be required under bye-laws made under this Act have been furnished to the satisfaction of thea[Board or the Executive Officer, as the case may be], along with the notice.

Act 15 of 1983. Clause 102.- This clause seeks to amendsection. 180of the Act and is consequential to the substitution of new section forsection 178A(vide clause 100) Gaz. of Ind. .9-7-1982. Pi. U.S. 2. Ext. .p. 54 (No. 26).

SECTION 180A: POWERS OF BOARD UNDER CERTAIN SECTIONS EXERCISABLE BY EXECUTIVE OFFICER

- The powers, duties and functions of the Board undersection 181, sub-section ( 1 ) ofsection 182,section 183,section 183Aandsection 185(excluding the provisos to sub-section (1) and the proviso to sub-section (2) of the saidsection 185) shall be exercised or discharged in a civil area by the Executive Officer.]Act 15 of 1983, Clause 103.-This clause seeks to insert newsection 180Ain the Act to empower the Executive Officer to exercise in civil areas the powers, duties and functions of the Board under certain sections of the Act enumerated therein. Gaz. of Ind.. 9-7-1982. Pt. II. S. 2. Ext.. p. 55 (No. 26).

SECTION 181: POWER OF BOARD TO SANCTION OR REFUSE

- ( 1 ) Thea[Board] may either refuse to sanction the erection or re-erection, as the case may be. Of the building, or may sanction it either absolutely or subject to such directions as it thinks fit to make in writing in respect of all or any of the following matters, namely:-

(a) the free passage or way to be left in front of the building.

(b) the space to be left about the building to secure free circulation of air and facilitate scavenging and the prevention of fire;

(c) the ventilation of the building, the minimum cubic area of the rooms and the number and height of the storeys of which the building may consist.

(d) the provision and position of drains, latrines, urinals, cesspools or other receptacles for filth.

(e) the level and width of the foundation, the level of the lowest floor and the stability of the structure.

(f) the tine of frontage with neighbouring buildings if the building abuts on a street;

(g) the means to be provided for egress from the building in case of fire;

(h) the materials and method of construction to be used for external and partywalls for _rooms, floors, fire-places and chimneys:

(i) the height and slope of the roof above the uppermost floor upon which human beings are to live or cooking operations are to be carried on; and

(j) any other matter affecting the ventilation and sanitation of the buildings: and the person erecting or re-erecting the building shall obey all such written directions in every particular.

b[c[(2) The Board may refuse to sanction the erection or re-erection of any building on any grounds sufficient in the opinion of the Board affecting the particular building: Provided that the Board shall refuse to accord sanction to the erection or re-erection of any building if such erection or re-erection is not in conformity with any general scheme sanctioned undersection 181 A.]

(3) The Board, betore sanctioning the erection or re-erection of a building on land which is under the management of thed[Defence Estates Officer] shall refer the application to thed[Defence Estates Officer] for ascertaining whether there is any objection on the part of Government to such erection or re-erection: and thed[Defence Estates Officer] shall return the application together with his report thereon to the Board within thirty days after it has been received by him.

(4) The Board may refuse to sanction the erection or re-erection of any building-

(a) when the land on which it is proposed to erect or re-erect the building is held on a leasef[from the Government] if the erection or re-erection constitutes a breach of the terms of the lease, or e[(aa) when the land on which it is proposed to erect or re-erect the building is entrusted to the management of the Board by the Government if the erection or re-erection constitutes a breach of the terms of the entrustment of management or contravenes any of the instructions issued by the Government regarding the management of the land by the Board, or]

(b) when the land on which it is proposed to erect or re-erect the building is not held on a leasef[from the Government], if the right to build on such land is in dispute between the person applying for sanction and the Government.

(5) If the Board decides to refuse to sanction the erection or re-erection of the building,'it shall communicate in writing the reasons for such refusal to the person by whom notice was given.

(6) Where the Board neglects or omits, for one month after the receipt of a valid notice, to make and to deliver to the person who has given the notice any order of any nature specified in this section, and such person thereafter by a written communication sent by registered post to the Board calls the attention of the Board to the neglect or omission, then, if such neglect or omission continues for a further period of fifteen days from the date of such communication the Board shall be deemed to have given sanction to the erection or reerection, as the case may be, unconditionally: Provided that. in any case to which the provisions of subsection

(3) apply, the period of one month herein specified shall be reckoned from the date on which the Board has received report referred to in that sub-section.] Act 15 of 1983. Clause 104.-This clause seeks to amendsection 181of the Act. he amendment to substitute a new subsection (2) for sub-section (2) ofsection 181is consequential to the insertion of newsection 181A(vide clause 105). An additional provision is being made enabling the Board to refuse sanction of a building plan if a land has ben placed under the management of the Board and the erection or re-erection of a building constitutes a breach of the terms of the entrustment of management. The other amendments proposed are of consequential nature. -Gaz. of Ind..9-7-1982, Pt. II. S.2. Ect.,. p. 55 (No. 26).

SECTION 181A: POWER TO SANCTION GENERAL SCHEME FOR PREVENTION OF OVER OVER--CROWDING, ETC

- The Officer Commanding-in-Chief, the Command, may sanction a general scheme of erection or reerection of buildings within such limits as may be specified in the sanction for the prevention of overcrowding or for purpose of sanitation, or in the interest of persons residing within those limits or for any other purpose, and may, in pursuance of such scheme, impose restrictions on the erection or re-erection of buildings within those limits: Provided that no such scheme shall be sanctioned by the Officer Commanding-in-Chief, the Command, unless an opportunity has been given by a public notice to be published locally by the Executive Officer requiring persons affected or likely to be affected by theproposed scheme, to file their objections or suggestions in the manner specified in the notice, within a period of fifteen days of the publication of such notice, and after considering such objections and suggestions, if any, received by the Executive Officer within the said period.]Act 15 of 1983. Clause 105.- This clause seeks to insert newsection 181Ain the Act. This new section is being introduced to enable the Officer Commanding-in-Chief. the Command to sanction a general scheme for imposing restrictions on the erection, or re-erect.on of buildings within such limits as may be specified in the sanction for prevention of overcrowding or for the purposes of sanitation. Asafeguard is being provided that no such restriction will be imposed without inviting objections or suggestions and after taking into consideration such objections and suggestions. -Gaz. of Ind.. 9-7-1982, Pt. II. S. 2. Ext.. p. 56 (No. 26).

SECTION 182: COMPENSATION

- (1) No compensation shall be claimable by any person for any damage or loss which he may sustain in consequence of the refusal of thea[Board] of sanction to the erection of any building or in respect of any direction issued by it under sub-section (1) ofsection 181.

(2) Thea[Board] shall make compensation to the owner of any building for any actual damage or loss sustained by him in consequence of the prohibition of the re-erection of any building or of its requiring any land belonging to him to be added to the street: Provided that thea[Board] shall not be liable to make any compensation in respect of the prohibition of the re-erection of any building which for a period of three years or more immediately preceding such refusal has not been in existence or has been unfit for human habitation.

SECTION 183: LAPSE OF SANCTION

- Every sanction for the erection or re-erection of a building given or deemed to have been given by thea [Board] as hereinbefore provided shall be available for one year from the date on which it is given, and if the building so sanctioned is not begun by the person who has obtained the sanction or some one lawfully claiming under him within that period, it shall not thereafter be begunb[unless the Board on application made therefor has allowed an extension of that period.]

SECTION 183A: PERIOD FOR COMPLETION OF BUILDING

- A Board, when sanctioning the erection or re-erection of a building as hereinbefore provided shall specify a reasonable period after the work has commenced within which the erection or re-erection is to be completed, and, if the erection or re-erection is not completed within the period so fixed, it shall not be continued thereafter without fresh sanction obtained in the manner hereinbefore provided, unless the Board on application made therefor has allowed an extension of that period : Provided that not more than two such extensions shall be allowed by the Board in any case.]

SECTION 183B: COMPLETION NOTICE

- Every person to whom sanction for the erection or re- erection of any building in any area in a cantonment has been given or deemed to have been given undersection 181by the Board or the Executive Officer, as the case may be, shall, within chilly days after completion of the erection or reerection of the building give a notice of completion in writing to the Board or the Executive Officer, as the case may be, and the Board or the Executive Officer shall on receipt of such notice cause the building to be inspected in order to ensure that the building has been completed in accordance with the sanction given by the Board or the Executive Officer, as the case may be.]Act 15 of 1983, Clause 106.- This clause seeks to insert new,section 183Bin the Act to make it obligatory on the part of every person intending to erect or re-erect a building to give a notice of completion of the building according to the sanctioned plans. -Gaz.of Ind.. 9.7-1982. Pt. II. S. 2. Ext.. p. 55 (No. 26).

SECTION 184: ILLEGAL ERECTION OR RE ERECTION

- Whoever begins, continues or completes the erection or re-erection of a building-

(a) without having given a valid notice as required bysections 179and180, or before the building has been sanctioned or is deemed to have been sanctioned, or

(b) without complying with any direction made under sub-section (1) ofsection 181, or

(c) when sanction has been refused, or has ceased to be available,a[or has been suspended by the Officer Commanding-in-Chief, the Command, underclause (b) of sub-section (1) ofsection 52,] shall be punishable with fine which may extend to [five thousand rupees].

SECTION 185: POWER TO STOP ERECTION OR RE ERECTION OR TO DEMOLISH

a[( 1 )] Ab[Board] may, at any time by notice in writing, direct the owner, lessee or occupier of any land in the cantonment to stop the erection or re-erection of a building in any case in which theb[Board}comsiders that such erection or re-erection is an offence undersection 184, and may in any such casec[or in any other case in which the Board considers that the erection or reerection of a building is an offence undersection 184, withind[twelve months] of the completion of such erection or re-erection in like manner direct the alteration or demolition as it thinks necessary of the building or any part thereof, so erected or re-erected : Provided that theb[Board] may, instead of requiring the alteration or demolition of any such. building or part thereof, accept by way of composition such sum as it thinks reasonable:c[provided further that the board shall not, with_out the previous concurrence of the Officer Commanding-in-Chief, the Command, accept any sum by way of composition under the foregoing proviso in respect of any building on land which is not under the management of the Board.

(2) A Board shall by tice in writing direct the owner, lessee or occupier of any land in the cantonment to stop the erection or re-erection of a building in any case in which the order undersection 181sanctioning the erection or re-erection has been suspended by the Officer Commanding-in-Chief, the Command, under clause (b) of sub-section ( 1 ) ofsection 52, and shall in any such case in like manner direct the demolition or alteration, as the case may be, of the building or any part thereof so erected or re-erected where the Officer Commanding-in-Chief, the Command, thereafter directs that the order of the Board sanctioning the erection or re-erection of the building shall not be carried into effect or shall be carried into effect with modifications specified by him: Provided that the Board shall pay to the owner of the building compensation for any loss actually incurred by him in consequence of the demolition or alteration of any building which has been erected or re-erected prior to the date on which the order of the Officer Commanding-in- Chief, the Command, has been communicated to him.]

SECTION 186: POWER TO MAKE BYE LAWS

- Aa[Board] may make bye-laws prescribing-

(a) the manner in which notice of the intention to erect or re-erect a building in the cantonment shall be given to theb[Board or the Executive Officer, as the case may be,] and the information and plans to be furnished with the notice:

c[(aa) the manner in which and the form in which a notice of completion of erection or re-erection of any building in the cantonment shall be given to the Board or the Executive Officer, as the case may be, and the information and plans to be furnished with the notice.]

(b) the type or description of buildings which may or may not, and the purpose for which a building may or may not, be erected or re-erected,g[in the cantonment or any part thereof]:

h[*]

(d) the fees payable.on provision by thea[Board] of plans or specifications of the type of buildings which may be erected in the cantonment or any part thereof.

i[(e) the circumstances in which a mosque, temple or church or other sacred building may be erected or re-erected: and

(f) with reference to the erection o.r re-erection of buildings, or of any class of building, all or any of the following matters, namely :-

(i) the line of frontage where the building abuts on a street:

(ii) the space to be left about the building to secure free circulation of air and facilities for scavenging and for the prevention of Fire:

(iii) the materials and method of construction to be used for external and party-walls, roofs and floors:

(iv) the position, the material and the method of construction ofd[stair-cases Fire places], chimneys, drains, latrines, privies, urinals and cesspools:

(v) height and slope of the roof above the uppermost floor upon which human beings are to live or cooking operations are to be carried on:

(vi) the level and width of the foundation, the level of the lowest floore[the stability of the structure and the protection of building from dampness arising from sub-soil]:

(vii) the number and height of the storeys of which the building may consist.

(viii) the means to be provided for egress from the building in case of Fire:

(ix) the safeguarding of wells from pollution; or

(x) the materials and method of construction to be used for godowns intended for the storage of foodgrains inf[excess of feighteen quintals] in order to render them rat proof.]

Act 15 of 1983. Clause 108.-This clause seeks to amendsection 136of the Act relating to the Boards power to make bye-laws in respect of certain matters. Under clause (a) of this section, a notice of intention to erect or re-erect a building in a cantonment should be given to the Board. Sub-clause (a) of this clause seeks to empower notices being given also to the Executive Officer. Sub-clause (b) seeks to insert a new clause in the section to empower the Board to make bye-laws to regulate the manner in which and the form in which a notice of completion of erection or re-erection of any building in the cantonment shall be given to the Board or the Executive Officer and the information and plans to be furnished with the notice. Sub-clause (c) seeks to amend clause (f) of the said section to make certain amendments of clarificatory nature. -C)az. of Ind.. 9-7-19K2. Pt. II. S. 2. Ext.. p. 55 (No. 26).

SECTION 187: PROJECTIONS AND OBSTRUCTIONS

- (1) No owner or occupier of any building in a cantonment shall, without the permission in writing of the "[Board] add to or place against or in front of the building any projection or structure overhanging, projecting into or encroaching on, any street or any drain, sewer or aqueduct therein.

(2) Thea[Board] may, by notice in writing, require the owner or occupier of any such building to alter or remove any such projection or encroachment as aforesaid: Provided that, in the case of any projection or encroachment lawfully in existence at the commencement of this Act, thea [Board] shall make compensation for any damage caused by the removal or alteration.

(3) Thea[Board] may, by order in writing, give permission to the owners or occupiers of buildings in any particular street to put up open verandahs, balconies or rooms projecting from any upper storey thereof to an extent beyond the line of the plinth or basement wall at such height from the level ground or street as may be specified in the order.

SECTION 188: UNAUTHORISED BUILDINGS OVER DRAINS, ETC

- Aa[Board] may, by notice in writing, require any person who has without its permission in writing, newly erected or re-erected anyb[structure] over any public sewer, drain, culvert, water-course or water-pipe in the cantonment to pull down or otherwise deal with the same as it thinks fit.

SECTION 189: DRAINAGE AND SEWER CONNECTIONS

- (1)a[Board] may, by notice in writing, require the owner or lessee of any building or land in any street, at his own expense and in such manner as thea[Board] thinks fit, to put up and keep in good condition proper troughs and pipes for receiving and carrying rain water from the building or land and for discharging the same or to establish and maintain any other connection or communication between such building or land and any drain or sewer.

(2) For the purpose of efficiently draining any building or land in the cantonment, theb[Board] may, by notice in writing, require the owner or lessee of the building or land-

(a) to pave, with such materials -and in such manner as it thinks fit, any courtyard, alley or passage between two or more buildings, or

(b) to keep any such paving in proper repair.

SECTION 190: POWER TO ATTACH BRACKETS FOR LAMPS

-a[The Executive Officer] may, attach to the outside of any building, or to any tree in the cantonment, brackets for lamps in such manner as not to occasion injury thereto or inconvenience.

SECTION 191: TEMPORARY OCCUPATION OF STREET, LAND, ETC

- a[(1)]b[The Executive Officer] may, by order in writing, permit the temporary occupation of any street, or of any land vested in thea[Board], for the purpose of depositing any building materials or making any temporary excavation therein or erection thereon, subject to such conditionsc[as the Board may prescribe] for the safety or convenience of the public, and may charge a fee for such permission and may in its discretion withdraw such permission.

d[(2) Where any article or thing is placed on any street or land under the management of the Board or the Defence Estates Officer so as to form an obstruction thereto or any encroachment thereon, the Executive Officer or, as the case may be, the Defence Estates Officer, may cause such article or thing to be removed and recover from the person who placed such article or thing the expenses incurred in that behalf in the same manner as moneys recoverable by the Board undersection 259and may also, if such person fails to offer satisfactory explanation, order the confiscation of such article or thing.]

Act IS of 1983, Clause 110.-Temporary occupation undersection 191of the Act of any street or land vested in the Board requires permission of the Board in writing. This power of the Board is proposed to be conferred on the Executive Officer subject to such conditions as the Board mav prescribe. To prevent unauthorised occupation of any such street or land it is proposed to empower the Executive Officer to remove any article placed without authority on such street or land and confiscate such article if the person who placed the said articles fails to offer satisfactory explanation. Similarly, the Defence Estates Officer would be authorised to confiscate and remove any article placed without authority on any street or land under his management. -Gaz. of Ind.. 9-7-1982. Pt. II. S. 2, Ext..p. 55 (No. 26).

SECTION 192: CLOSING AND OPENING OF STREETS

- (1) Aa[Board] shall not permanently close any street or open any new street without the previous sanction of theb[Officer Commanding-in- Chief, the Command,c[or the Director]].

(2) Ad[The Executive Officer] may, by public notice, temporarily close any street or any part of a street for repair or for the purpose of carrying out any work connected with drainage, watersupply or lighting or any other work which it is by or under this Act required or permitted to carry out: Provided that where, owing to any works or repairs or from any other cause, the condition of any street or of any water-works, drain, culvert or premises vested in thea[Board], is such as to be likely to cause danger to the public, thea[Board] shall-

(a) take all reasonable means for the protection of the adjacent buildings and land and provide reasonable means of access thereto:

(b) cause sufficient barriers or fences to be erected for the security of life and property, and cause such barriers or fences to be sufficiently lighted from sun-set to sunrise. Act 15 of 1983. Clause 111. -The power of the Officer Commanding-in-Chief, the Command under sub-section (1) ofsection 192of the Act is proposed t be concurrently given to the Director. Defence Lands and Cantonments, the Command. The power of the board under sub-section (2) of the said section is proposed to be given to the Executive Officer. -Gaz. of Ind.. 9-7-1982. Pi. II. S. 2. Ext.. p. 56 (No. 26).

SECTION 193: NAMES OF STREETS AND NUMBERS OF BUILDINGS

- a[(1) A Board may determine the name or number by which any area, street or public place in the cantonment shall be known, may cause such name or number to be affixed on any building in the cantonment in such place as it thinks fit and may also cause a number to be affixed to any such building.]

(2) Whoever destroys, pulls down, defaces or alters any such name or number or puts up any name or number differing from that put up by the order of thea[Board] shall be punishable with fine which may extend toa[one hundred rupees].

e[(3) When ac[name or number has been affixed to any building under sub-section (1), the owner of the building shall maintain thec[name or number] in order, and shall replace it if removed or defaced, and if he tails io do so thed[Executive Officer] may by notice in writing require him to replace it.]

Act 15 of 1983. Clause 112.- The amendment to substitute a new sub-section for sub-section ( 1 ) ofsection 193of the Act provides to empower the Board to give names to various areas in the cantonments. The existing penalty under sub-section (2) of the said section is considered inadequate in view of the escalation in prices and is being enhanced. The power of the Board under sub-section (1) of the said section is proposed to be given to the Executive Officer. -Oar. of Ind.. 9-7-1982. Pt. II. S. 2. Exi.. p. 56 (No. 26).

SECTION 194: BOUNDARY WALLS, HEDGES AND FENCES

- (1) No boundary wall, hedge or fence of any material or description shall be erected in a cantonment without the permission in writing of the executive OfTicer].

(2)c[Executive Officer] may, by notice in writing, require the owner or lessee of any land in the cantonment-

(a) to remove from the land any boundary wall. hedge or fence which is in its opinion unsuitable, unsightly or otherwise objectionable; or

(b) to construct on the land sufficient boundary walls, hedges or fences of such material. description or dimensions as may be specified in the notice: or

(c) to maintain the boundary walls, hedges or fences of such lands in good order: Provided that, in the case of any such boundary wall, hedge or fence which was erected with the consent or under thed[orders of the Executive Officer], or which was in existence at the commencement of this Act. thea[Board] shall make compensation for any damage caused by the removal thereof.

(3) Theb[Executive Officer] may, by notice in writing, require the owner, lessee or occupier of any such land to cut or trim any hedge on the land in such manner and within such time as may be specified in the notice.

SECTION 195: FELLING LOPPING AND TRIMMING OF TREETS

- ( 1 ) Where, in the opinion of aa[Board], the felling of any tree of mature growth standing in a private enclosure in the cantonment is necessary for any reason, thea[Board] may, by notice in writing, require the owner, lessee or occupier of the land to fell the tree within such time as may be specified in the notice.

(2) Aa[Board] may-

(a) cause to be lopped or trimmed any tree standing on land in the cantonment which belongs tob[the Government]; or

(b) by public notice require all owners, lessees or occupiers of land in the cantonment or by notice in writing require the owner, lessee or occupier of any such land. to lop or trim. in such manner as may be specified in the notice, all or any trees standing on such land or to remove any dead trees from such land.

SECTION 196: DIGGING OF PUHLIC LAND

- Whoever, without the permission in writing of thea'[Board]. digs up the surface of any open space in the cantonment which is not private property, shall be punishable with fine which may extend toc[two hundred and fifty rupees] and in the case of a continuing offence,b[with an additional fine] which may extend toc[Fifty rupees] for every day after the first during which the offence continues.

SECTION 197: IMPROPER USE OF LAND

- ( 1 ) If. in the opinion of aa[Board], the working of a quarry in the cantonment, or the removal of stone, earth or other material from the soil in any place in the cantonment, is dangerous to persons residing in or frequenting the neighbourhood of such quarry or place, or creates, or is likely to create, a nuisance, thea[Board] may, by notice in writing, prohibit the owner, lessee or occupier of such quarry or place or the person responsible for suchb[working] or removal, from continuing or permitting the working of such quarry or the moving of such material, or require him to take such steps in the matter as thea[Board] may direct for the purpose of preventing danger or abating the nuisance arising or likely to arise therefrom.

(2) If, in any case referred to in sub-section (1). thea[Board] is of opinion that such acourse is necessary in order to prevent imminent danger, it may by order in writing, require a proper hoarding or fence to be put up for the protection of passers-by.

SECTION 198: PUBLIC MARKETS AND SLAUGHTER HOUSES

- (1) Aa[Board] may provide and maintain, either within or without the cantonment, public markets and public slaughter-houses, to such number as it thinks fit, together with stalls, shops, sheds, pens and other buildings or conveniences for the use of persons carrying on trade or business in or frequenting such markets or slaughter- houses. and may provide and maintain in any such market buildings, places, machines, weights. scales and measures for the weighment or measurement of goods sold therein.

(2) When such market or slaughter-house is situated beyond cantonment limits, thea[Board] shall have the same power for the inspection and proper regulation of the same as if it were situated within those limits.

(3) Thea[Board] may at any time. by public notice, close any 'public market or public slaughterhouse or any part thereof.

(4) Nothing in this section shall be deemed to authorise the establishment of a public market or public slaughter-house within the limits of any area administered by any local authority other than thea[Board], without the permission of such local authority or otherwise than on such conditions as such local authority may approve.

SECTION 199: USE OF PUBLIC MARKET

- (1) No person shall, without the general or special permission in writing of thea[Board], sell or expose for sale any animal or article in any public market.

(2) Any person contravening the provisions of this section, and any animal or article exposed for sale by such person, may be summarily removed from the market by or under the orders of the Executive officer or any officer or servant of thea[Board] authorised by it in this behalf.

SECTION 200: POWER TO TRANSFER BV PUBLIC AUCTION, ETC

- The Board may transfer by public auction, for any period not exceeding three years at a time, the right to occupy or use any stall, shop, standing, shed or pen in a public market, or public slaughter-house or the right to expose goods for sale in a public market or the right to weigh or measure goods sold therein, or the right to slaughter animals in any .public slaughter-house: Provided that where the Board is of opinion that such transfer of the aforesaid rights by public auction is not considered desirable or expedient, it may with the previous sanction of the General Officer Commanding-in-Chief. The Commandb[or the Director],-

(a) either levy such stallages, rents or fees as it thinks fit; or

(b) farm the stallages, rents and fees leviable under clause (a) for any period not exceeding one year at a time.]

b[Provided further that the enjoyment of any such aforesaid right by any person for any length of time shall never be deemed to create or confer any tenancy right in such stall, shop, standing, shed, pan, public market or public slaughter-house.]Act IS of 1983, Clause lit.- The power of the Officer Commanding-in-Chief. the Command to approve undersection 200of the Act the levy of stallages, rents or fees by the Board is proposed to be concurrently given to the Director Defence Lands and Cantonments, the Command. Another proviso is being added to this section to ensure that no tenancy right is conferred on an individual who is allowed the use or occupation of any stall, shop etc., in a public market. -Gaz. of Ind., 9-7-1982, Pt. II, S. 2,-Exi., p. 56 (No. 26).

SECTION 201: STALLAGES, RENTS, ETC., TO BE PUBLISHED

- A copy of the table of stallages, rents and fees, if any, leviable in any public market or public slaughterhouse, and of the bye-laws made under this Act for the purpose of regulating the use of such market or slaughter-house, printed in the English language and in such other language or languages as thea[Board] may direct, shall be affixed in some conspicuous place in the market or slaughter-house.

SECTION 202: PRIVATE MARKETS AND SLAUGHTER HOUSES

- (1) No place in a cantonment other than a public market shall be used as a market, and no place in a cantonment other than a public slaughter-house shall be used as a slaughter-house, unless such place has been licensed as a market or slaughter-house, as the case may be. by thea[Board]: Provided that nothing in this sub-section shall apply in the case of a slaughter-house established and maintained by the Government.

(2) Nothing in sub-section (1) shall be deemed-

(a) to restrict the slaughter of any animal in any place on the occasion of any festival or ceremony, subject to such conditions as to prior or subsequent notice as the Executive Officer with the previous sanction of the District Magistrate may, by public or special notice, impose in this behalf, or

(b) to prevent the Executive Officer, with the sanction of thea[Board], from setting apart places for the slaughter of animals in accordance with religous custom.

b[ * * * ]

(3) Whoever omits to comply with any condition imposed by the Executive Officer under clause

(a) of sub-section (2) shall be punishable with fine which may extend toc[two hundred and fifty rupees] and, in the case of a continuing offence, with an additional fine which may extend toc[fifty rupees] for every day after the first during which the offence is continued.

Clause 116. Act 15 of 1983.- The reference to slaughter of animals for sale of flesh to the troops is being deleted from clause (b) of sub-section (2) ofsection 202of the Act as ii is considered obsolete. The penalty for non-compliance of the conditions as regards a market or slaughter-house is being enhanced due :o escalation in prices. -Gaz, of Ind.,9-7-1982, Pt. II, S. 2, Ext" p. 56 (No. 26).

SECTION 203: CONDITIONS OF GRANT OF LICENCE FOR PRIVATE MARKET OR SLAUGHTER HOUSE

- (1)a[Board] may 'charge such fees as it thinks fit to impose for the grant of a licence to any person to open a private market or private slaughter-house in the cantonment, and may grant such licence subject to such conditions, consistent with this Act, and any bye-laws made thereunder, as it thinks Fit to impose.

(2) Thea[Board] may refuse to grant any such licence without giving reasons for such refusal.

SECTION 204: PENALTY FOR KEEPING MARKET OR SLAUGHTER HOUSE OPEN WITHOUT LICENCE, ETC

- (1) Any person who keeps open for public use any market or slaughter-house in respect of which a licence is required by or under this Act, without obtaining licence therefor, or while the licence therefor is suspended, or after the same has been cancelled, shall be punishable with fine which may extend tob[two hundred and fifty rupees] and, in the case of a continuing offence, with an additional fine which may extend tob[twenty-five rupees] for evey day after the first during which the offence is continued.

(2) When a licence to open a private market or private slaughter-house, is granted or refused or is suspended or cancelled, thea[Board] shall cause a notice of the grant, refusal, suspension or cancellation to be posted in English and in such other language or languages as it thinks necessary, in some conspicuous place by or near the entrance to the place to which the notice relates.

SECTION 205: PENALTY FOR USING UNLICENSED MARKET OR SLAUGHTER HOUSE

- Whoever, knowing that any market or slaughter-house has been opened to the public without a licence having been obtained therefor when such licence is required by or under this Act, or that the licence granted therefor is for the time being suspended or that it has been cancelled, sells or exposes for sale any article in such market, or slaughters any animal in such slaughter-house, shall be punishable with fine which may extend toa[two hundred and fifly rupees] and, in the case of a continuing offence, with an additional fine which may extend toa[twenty-five rupees] for every day after the" first during which the offence is continued.

SECTION 206; PROHIBITION AND RESTRICTION OF USE OF SLAUGHTER HOUSES

- (1) Where, in the opinion of thea[Board], it is necessary on sanitary grounds so to do, it may, by public notice, prohibit for such period, not exceeding one month, as may be specified in the notice, or for such further period, not exceeding one month, as it may specify by a like notice, the use of any private slaughter-house specified in the notice, or the slaughter therein of any animal of any description so specified.

(2) A copy of every notice issued under sub-section (1) shall be conspicuously posted in the slaughter-house to which it relates.

SECTION 207: POWER TO INSPECT SLAUGHTER HOUSES

- (1) Any servant of aa[Board], authorised by order in writing in this behalf byc[the President of the Board of the Executive Officer] b[* * * *] or the Health Officer, may. if he has reason to believe that any animal has been, is being, or is about to be slaughtered in any place in contravention of the provisions of this Chapter, enter into and inspect any such place at any time, whether by day or by night.

(2) Every such order shall specify the place to be entered and the locality in which-the same is situated and the period, which shall not exceed seven days, for which the order is to remain in force

Clause 119-Act 15 of 1983.-The power to inspect slaughter-houses under sub-section (1) ofsection 207of the Act is proposed to be given also io the Executive Officer. -Gai. of Ind., 9-7-19ii2. Pt. II, S. 2. Exi.. p. 56 (No. 26).

SECTION 209: PROVISION OL WASHING PLACES

- (1) Aa[Board] may provide suitable places for the exercise by washermen of their calling, and may require payment of such fees for the use thereof as it thinks fit.

(2) Where thea[Board] has provided such places as aforesaid it may, by public notice, prohibit the washing of clothes by washermen at any other place in the cantonment : Provided that such prohibition shall not be deemed to apply to the washing by a washerman of his own clothes or of the clothes of any other person who is an occupier of the place at which they are washed.

(3) Whoever contravenes any prohibition contained in a notice issued under sub-section (2) shall be punishable with fine which may extend tob[one hundred rupees].

SECTION 210: LICENCES REQUIRED FOR CARRYING ON OF CERTAIN OCCUPATIONS

- (1) No person of any of the following classes, namely:---

(a) butchers and vendors of poultry, game or fish;

(b) persons keeping pigs for profit, and dealers in the flesh of pigs which have been slaughtered in India;

(d) persons keeping for profit any animals other than pigs, milch cattle or milch goats;

(e) dairymen, buttermen and makers and vendors of ghee;

(f) makers of bread, biscuits or cake, and vendors of bread, biscuits or cake made in India;

(g) vendors of fruit or vegetables;

(h) manufacturers of aerated or other potable waters or of ice or ice-cream and vendors of the same;

a[(i)] vendors of any medicines, drugs or articles of food or drink for human consumption (other than the flesh of pigs, milk, butter, bread, biscuits, cake, fruit, vegetables, aerated or other potable waters or ice or ice-cream) which are of a perishable nature;

c[(ia) vendors of spirituous liquor:]

(j) vendors of water to be used for drinking purposes;

(k) washermen;

(l) dealers in hay. straw, wood, charcoal or other inflammable material:

(m) dealers in fire-works, kerosene oil, petroleum or any other inflammable oil or spirit:

(n) tanners and dyers:

(o) persons carrying on any trade or occupation from which offensive or unwholesome smells arise:

(p)vendors of wheat, rice and other grain or of flour;b[*]

(q) makers and vendors of sugar or sweetmeatsd[*]

(r) barbers and keepers of shaving saloons;

e[(s) any other persons carrying on such other trade, calling or occupation as the Central government may, by notification in the Official Gazette, specify in this behalf;] shall carry on his trade, calling or occupation in any part of a cantonment unless he has applied for and obtained a licence in this behalf from thed[Board].

(2) A licence granted under sub-section (1) shall be validf[until the end of the year in which it is issued] and the grant of such licence shall not be withheld by thee[Board] unless it has reason to believe that the business which it is intended to establish or maintain would be offensive or dangerous to the publicg[or that the premises in which the business is intended to be established or maintainedh[are unfit or unsuitable] for the purpose].

(3) Notwithstanding anything contained in sub-section (1),-

(a) no person who was, at the commencement of this Act, carrying on his trade, calling or occupation in any part of a cantonment shall be bound to apply for a licence for carrying on such trade or occupation in that part until he has received from thee[Board] not less than three months'.notice in writing of his obligation to do so, and if thee[Board] refuses to grant him a licence, it shall pay compensation for any loss, incurred by reason of such refusal;

(b) no person shall be required to take out a licence for the sale or storage of petrolieum or for the sale or possession for sale of poisons or white arsenic in any case in which he is required to take out a licence for such sale, storage or possession for sale by or under thei[Petroleum Act, 1934], orthe Poisons Act, 1919.

(4) Thee[Board] may charge for the grant of licences under this sectionj[such reasonable fees] as it may fix with the previous sanction of thek[Central Government].Act 15 of 1983, Clause 122.-Section 210of the Act provides for the issue of licences for carrying on certain occupations. It is proposed that vendors of spirituous liquors should also obtain a licence lor carrying on the trade. An enabling provision is also being made empowering the Board to issue licences for such other trade, calling or occupations as the Central Government may notify. The reference tothe Indian Petroleum Act 1899. insection 210(3)is being changed into a reference tothe Petroleum Act, 1934 At presentsection 210(4)provides that licence lee should not exceed ihe cost of granting the licence. As the precise assessment of cost is not possible, it is proposed to amend the provision to provide that fee chargeable by the Board in granting any licence should be reasonable. The other changes are verbal. - Gaz. of Ind., 9-7-1982, Pt. II, S. 2. E.xt., P. 56 (No. 26).

SECTION 211: CONDITIONS WHICH MAY BE ATTACHED TO LICENCEES

- A licence granted to any person undersection 210shall specify the part of the cantonment in which the licensee may carry on his trade, calling or occupation, and may regulate the hours and manner of transport within the cantonment of any specified articles intended for human consumption, and may contain any other conditions which thea[Board] thinks fit to impose in accordance with bye-laws made under this Act.

SECTION 212: POWER TO VARY LICENCE

- If aa[Board] is satisfied that any place used under a licence granted under this Chapter is a nuisance or is likely to be dangerous to life, health or property, thea[Board] may, by notice in writing, require the owner, lessee or occupier thereof to discontinue the use of such place or to effect such alterations, additions, or improvements as will, in the opinion of thea[Board] render it no longer a nuisance or dangerous.

SECTION 214: FEEDING ANIMALS ON DIRT, ETC

- Whoever feeds or allows to be fed on filthy or deleterious substances any animal, which is kept for the purpose of supplying milk to, or which is intended to be used as food for, the inhabitants of a cantonment or allows it to graze in any place in which grazing has, for sanitary reasons, been prohibited by public notice by thea[Board] shall be punishable with fine which may extend tob[two .hundred rupees].

SECTION 215: POWERS OF ENTRY AND SEIZURE

- (1) The President or the Vice-Presidenta[* * *] the Executive Officer, the Health Officer, the Assistant Health Officer, or any other officer or servant of ab[Board] authorised by it in writing in this behalf,-

(a) may at any time enter into any market, building, shop, stall or other place in the cantonment for the purpose of inspecting, and may inspect, any animals, articles or things intended for human food or drink or for medicine, whether exposed or hawked about for sale or deposited in or brought to any place for the purpose of sale, or of preparation for sale, or any utensil or vessel for preparing, manufacturing or containing any such article, or thing, and may enter into and inspect any place used as a slaughter- house and may examine any animal or article therein;

(b) may seize any such animal, article or thing which appears to him to be diseased, or unwholesome or unfit for human food or drink or medicine, as the case may be, or to be adulterated or to be not what it is represented to be, or any such utensil or vessel which is of such a kind or in such a state as to render any article prepared, manufactured of contained therein unwholesome or unfit for human food or for medicine, as the case may be.

(2) Any article seized under sub-section (1) which is of a perishable nature may, under the orders of the Health Officer or the Assistarnt Health Officer, forthwith be destroyed if, in his opinion, it is diseased, unwholesome or unfit for human food, drink of medicine, as the case may be.

(3) Every animal, article, utensil, vessel or other thing seized under sub-section (1) shall, if it is not destroyed under sub-section (2). be taken before a Magistratec[who shall give orders as to its disposal].

(4) The owner or person in possession, at the time of seizure under sub-section (1) of any animal or carcase which is diseased or of any article or thing which is unwholesome or unfit for human food, drink, or medicine, as the case may be, or is adulterated or is not what it is represented to be, or of any utensil or vessel which is of such kind or in such state as is described in clause (b) of sub-section (1), shall be punishable with fine which may extend tod[five hundred rupees], and the animal, article, utensil, vessel or other thing shall be liable to be forfeited to theb[Board] or to be destroyed or to be so disposed of as to prevent its being exposed for sale or used for the preparation of food, drink or medicine, as the case may be.

(a) such substance has been added to the article because the same is required for the preparation or production thereof as an article of commerce in a state fit for carriage or consumption and not fraudulently to increase the bulk. weight or measure of the food or drink or conceal the inferior quality thereof, or

(b) in the process of production, preparation or conveyance of such article of food or drink. The extraneous substance has unavoidably become intermixed therewith, or

(c) the owner or person in possession of the article has given sufficient notice by means of a label distinctly and legibly written or printed thsreon or therewith, or by other means of a public description, that such substance has been added, or

(d) such owner or person has purchased the article with a written warranty that it was of a certain nature, substance and quality and had no reason to believe that it was not of such nature, substance and quality, and has exposed it or hawked it about or brought it for sale in the same stale and by the sme description as that in and by which hi purchased it.

SECTION 216: IMPORT OR CATTLE AND FLESH

- (1) No person shall, without the permission\in writingc[.of the Executive Officer], bring into a cantonmeni any animal intended for human consumption or the flesh of any animal slaughtered outside the cantonment otherwise than in a slaughter-house maintained by the Government or thea [Board].d[Provided that the Executive Officer shall not grant such permission unless recommended by the Health Officer.]

(2) Any animal or flesh brought into a cantonmeni in contravention of sub-section (1 ) may be seized by the Executive Officer or by any servant of thea[Board] and sold or otherwise deposed of as theb[President of the Board] may direct, and, if it is sold the sale-proceeds may be credited io the cantonment fund.

(3) Whoever contravenes the provisions of sub-section (1) shall be punishable with fine which may extend toe[two hundred and fifty rupees].

(4) Nothing in this section shall be deemed to apply to cured or preserved meat or to animals driven or meat carried throughout a cantonment for consumption outside thereof, or to meat brought into a cantonment by any person for his immediate domestic consumption : Provided that thea[Board] may, by public notice, direct that the provisions of this section shall apply to cured or preserved meat of any specified description or brought from any specified place.

Act 15 of 1983, Clause 126.- The power undersection 216of the Act to permit the import of any animal intended for human consumption or the flesh of any animal slaughtered outside the cantonment is proposed to be vested in the Executive Officer and he will exercise this power on the advice of the Health Officer. The existing penalty is being enhanced due to escalation in prices. - Gai. of Ind., 9-7- 1982, Pt. II, S. 2, Ext., P. 57 (No. 26)

CHAPTER 13: WATER WATER--SUPPLY, DRAINAGE AND LIGHTING

Water-supplyWater, Drainage and other ConnectionsApplication of this Chapter to Government Watersupplies

SECTION 217: MAINTENANCE OF WATER WATER--SUPPLY

-(1) In every cantonment.where a sufficient supply of pure water for domestic use does not already exist, thea[Board] shall provide or arrange for the provision of such a supply.

(2) Thea[Board] shall, as far as possible, make adequate provision that such supply shall be continuous throughtout the year, and that the water shall be at all times pure and fit for human consumption.

SECTION 218: CONTROL OVER SOURCES OF PUBLIC WATER SUPPLY

- (1) Thea[Board] may, with the previous sanction of theb[Central Government], by public notice, declare any lake, stream, spring, well, tank, reservoir or other source, whether within or without the limits of the cantonment (other than a source of water-supply under the control of theb [Military Engineet] Services or the Public Works Department) from which water is or may be made available for the use of the public in the. cantonment to be a source of public water-supply.

(2) Every such source shall be under the control of thea[Board].

SECTION 219: POWER TO REQUIRE MAINTENANCE OR CLOSING OF PRIVATE SOURCE OF PUBLIC DRINKING WATER SUPPLY

- Theb[Executive Officer] may, by notice in writing, require the owner or any.person having the control of any source of public water-supply which is used for drinking purposes -

(a) to keep the same in good order and to clear it from time to time of silt, refuse and decaying. vegetation, or

(b) to protect the same from contamination in such manner as theb[Executive Officer] may direct, or

(c) if the water therein is proved to the satisfaction of theb[Executive Officer] to be unfit for drinking purposes, to take such measures as may be specified in the notice to prevent the public from having access to or using such water: Provided that, in the case of a well, such person as aforesaid may, instead of complying with the notice signify in writing his desire to be relieved of all responsibility for the proper maintenance of the well and his readiness to place it under the control and supervision of thea[Board] for the use of the public, and, if he does so, he shall not be bound to carry out the requisition, and thea[Board] shall undertake the control and supervision of the well.

SECTION 220: SUPPLY OF WATER

- (1) thea[Board] may permit the owner, lessee or occupier of any building or land to connect the building or land with a.source of public water-supply by means of communication pipes of such size and description as it may prescribe for the purpose of obtaining water for domestic use.

(2) The occupier of every building so connected with the water-supply shall be entitled to have for domestic use, in return for the water tax, if any, such quantity of water as thea[Board] may determine.

(3) All water supplied in excess of the quantity to which such supply is limited under sub-section (2) and, in a cantonment in which a water tax is not imposed, all water supplied under this section, shall be paid for at such rate as thea[Board] may fix.

(4) The supply of water for domestic use shall not be deemed to include any supply -

(a) for animals or for washing vehicles where such anumals or vehicles are kept for sale or hire;

(b) for any trade, manufacture or business:

(d) for gardens or for purposes of irrigation:

(e) for making or watering roads or paths: of

(f) for building purposes.

SECTION 221: POWER TO REQUIRE WATER SUPPLY TO BE TAKEN

- If it appears to thea[Executive Officer] that any building or land in the cantonment is without a proper supply of pure water, thea[Executive Officer] may. by notice in writing, require the owner, lessee or occupier of the building or land to obtain from asource of public water-supply such quantity of water as is adequate to the requirements of the persons usually occupying or employed upon the building or land, and to provide communication pipes of the prescribed size and description, and to take all necessary steps for the above purposes.

SECTION 222: SUPPLY OF WATER UNDER AGREEMENT

- (1) Thea[Board] may, by agreement, supply. from any source of public water-supply'.. the owner. lessee or occupier of any building or land in the cantonment with any water lor any purpose, other than a domestic purpose, on such terms and conditions, consistent with this Act and rules "and bye-laws made thereunder, as may be agreed upon between thea[Board] and such owner, lessee or occupier.

(2) Thea[Board] may withdraw such supply or curtail the quantity thereof at any time if it should appear necessary to do so for the purpose of maintaining sufficient supply oi water for domestic use by inhabitant ot the Cantonment.

SECTION 223: BOARD NOT LIABLE LOR FAILURE OF SUPPLY

- Notwithstanding any obligation imposed on aa[Board] under this Act aa[Board] shall not be liable to any forfeiture, penalty or damages for failure to supply water or for curtailing the quantity thereof if the failure or curtailemnt, as the case may be, arises from accident or from drought or other unavoidable cause unless in the case of an agreement for the supply of water undersection 222, thea[Board] has made express provision for forfeiture, penalty or damages in the event of such failure or curtailment.

SECTION 224: CONDITIONS OF UNIVERSAL APPLICATION

- Notwithstanding anything hereinbefore con- tained or contained in any agreement undersection 222, the supply of water by aa[Board] to any building or land shall be. and shall be deemed to have been, granted subject to the following conditions, namely :-

(a) the owner, lessee or occupier of any building or land in or on which water supplied by thea [Board] is wasted by reason of the pipes, drins or other works being out of repair shall, if he had knowledge thereof, give notice of the same to such officerb[as the Executive Officer may appoint] in this behalf;

(b) the Executive Officer or any other officer or servant of thea[Board]c[authorised by him] in writing in this behalf may enter into or on any premises supplied with water by thea[Board], for the purpose of examining all pipes, taps, works and fittings connected with the supply of water and of ascertaining whether there is any waste or misuse of such water;

(c) Theb[Executive Officer] may, after giving notice in writing, cut off the connection between any source of public water-supply and any building or land to which water is supplied for any purpose therefrom, or turn off such supply if-

(i) the owner or occupier of the building or land neglects to pay te water-tax or other charges connected with the water-supply within one month from the date on which such tax or charge falls due for payment;

(ii) the occupier refuses to admit the Executive Officer or other authorised officer or servant of thea [Board] into the building or land for the purpose or making any examination or inquiry authorised by clause (b) or prevents the making of such examination or inquiry;

(iii) the occupier wilfully or negligently misuses or causes waste of water;

(iv) the occupier wilfully or negligently injures or damages his meter or any pipe or tap conveying water from the water-works;

(v) any pipes, works or fittings connected with the supply of water to the building or land are found, on examinatione[by any other officer or servant of the Board authorised by the Executive Officer in writing in this behalf], to be out of repair to such an extent as to cause a waste of water;

(d) the expense of cutting off the connection or of turning off the water in any case referred to in clause (c) shall be paid by the owner or occupier of the building or land;

(e) no action taken under or in pursuance of clause (c) shall relieve any person from any penalty or liability which he may otherwise have incurred.

SECTION 225: SUPPLY TO PERSONS OUTSIDE CANTONMENT

-a[Board] may allow any person not residing within the limits of the cantonment to take or be supplied with water for any purpose from. any source of public water supply on such terms as it may prescribe, and may at any time withdraw or curtail such supply.

SECTION 226: PENALTY

-Whoever-

(a) uses for other than domestic purposes any water supplied by aa[Board] for domestic use, or

(b) where water is supplied by agreement with ab[Board] for a specified purpose, uses that water for any other purpose, shall be punishable with fine which may extend to [two hundred and fifty rupees] and thea[Board] shall be entitled to recover from him the price of the water misused.

SECTION 227: POWER OF BOARD TO LAY WIRES, CONNECTIONS, ETC

- Aa[Board] may carry any cable, wire, pipe, drain, sewer or channel of any kind,-

(a) for the purpose of carrying out, establishing or maintaining any system of water-supply, lighting, drainage, or sewerage, through, across, under or over any road or street, or any place laid out or intended as a road or street or, after giving reasonable notice in writing to the owner or occupier, into, through, across, under or over any land or building, or up the side of any building, situated within the cantonment, or

(b) for the purpose of supplying water or of the introduction or distribution of outfall of water or for the removal or outfall of sewage, after giving reasonable notice in writing to the owner or occupier, into, through, across, under or over any land or building, or up the side of any building, situated outside the cantonment; and may at all times do all acts and things which may.be necessary or expedient for repairing or maintaining any such cable, wire, pipe, drain, sewer or channel in an effective state for the purpose for which the same may be used or is intended to be used : Provided that no nuisance shall be caused in excess of what is reasonably necessary for the proper execution of the work: Provided, further, that compensation shall be payable to the owner or occupier for any dmage sustained by him which is directly occasional by the carrying out of any Such operation.

SECTION 228: WIRES, ETC. LAID ABOVE SURFACE OF GROUND

- In the event of any cable, wire, pipe, drin, swewer or channel being laid or carried above the surface of any land or through, over or up the side of any building, such cable, wire, pipe, drain, sewer or channel shall be so laid or carried as to interfere as little as possible with the rights of the owner or occupier to the due enjoyment of such land or building, and compensation shall be payable by thea[Board] in respect of any substantial interference with the right to any such enjoyment.

SECTION 229: CONNECTION WITH MAIN NOT TO BE MADE WITHOUT PERMISSION

- No person shall, for any purpose whatsoever, without the permission of thea[Board] at any time make or cause to be made any connection or communication with any cable, wire, pipe, drain, sewer or channel constructed or maintained by, or vested in, aa[Board].

SECTION 230: POWER TO PRESCRIBE FERRULES AND TO ESTABLISH METERS, ETC

-b[The Executive Officer] may prescribe the size of the ferrules to be used for the supply of gas, if any, and may establish meters or other appliances for the purpose ofc[measuring the quantity of any water or gas or testing the quality thereof] supplied to any premises by thea[Board].Act 15 of 1983 Clause 131.- The power of the Board undersection 230of the Act is proposed to be given to the Executive Officer. The other amendment in that section is of a clarificatory nature. - Gai. of lnd" 9-7-1982, Pt. II, S. 2, Ext., P. 57 (No. 26)

SECTION 231: POWER OF INSPECTION

- The ferrules, communication pipes, connections, meters, stand- pipes and all fittings thereon or connected therewith leading from water mains or from pipes, drains, sewers or channels into any house or land, to which water or gas is supplied by aa[Board] and the pipes, and works inside any such house or within the limits of any such land, shall in all cases beb[installed or] executed subject to the inspection andc[to the satisfaction of the Executive Officer].

SECTION 232: POWER TO FIX RATES AND CHARGES

- Aa[Board] may fix the charges to be made for the establishment by them or through their agency of communications, from, and connections with mains, or pipes for the supply of water, or gas, or for meters or other appliancesb[for measuring the quantity, or testing the quality thereof] supplied, and may levy such charges accordingly.

SECTION 233: GOVERNMENT WATER SUPPLY

- (1) Where in any cantonment there is a water-supply under the control of thea[Military Engineer] Services or the Public Works Department, the Officer of thea[Militaty Engineer] Services or of the Public Works Department, as the case may be, in charge of such water-supply (hereinafter inbthis Chapter] referred to as the Officer) may publish in the cantonment in such manner as he thinks fit a notice declaring that any lake, stream. spring, well, tank, reservoir or other source, whether within or without the limits of the cantonment (other than a source of public water-supply) under the control of thec[Board] is a source of public water-supply and may, for the purpose of keeping any such source in good order or of protecting it from contamination or from use, require thec[Board] to exercise any power conferred upond[il] bysection 219.

(2) In the case of any water-supply such as is referred to in sub-section (1), the following provisions of this Chapter, namely, the provisions ofsections 220,222,223,224,226,227, 228 ,229,230,231and232shall, as far as may be, be applicable in respect of the supply of water to the cantonment, and for the purpose of such application references to thec[Board] shall be construed as references to the Officer and references to the Executive Officer or other officer, or servant of thec[Board] shall be construed as references to such person as may be authorised in this behalf by the Officere[(3) The provisions ofsection 222shall be applicable in respect of the supply of water by agreement to the Board by the Officer for use for any purpose other than a domestic purpose in like manner as they are applicable to such supply to the owner, lessee or occupier of any building or land in the cantonment.]

SECTION 234: RECOVERY OF CHARGES

-ln any case in which the provisions ofsection 233applya[and in which the Board is not receiving a bulk supply of water undersection 234A] the water-tax, if any, imposed in the cantonment and all other charges arising out of the supply of water which may be imposed under the provisions of this Chapter as applied bysection 233shall be recovered by theb[Board], and all monies so recovered, or such proportion thereof as theb[Central Government] may in each case determine, shall be paid by thec [Board] to the Officer.

SECTION 234A: SUPPLY OF WATER FROM GOVERNMENT WATER SUPPLY TO THE BOARD

(1) Where in any cantonment there is a water-supply such as is referred to in sub-section (1) ofsection 233, the Board mayb[and so long as the Board is unable to provide a water supply of its own, it shall receive from the Military Engineer Services or the Public Works Department, as the case may be, at such point or points as may be agreed upon between the Board and the Officer, a supply of water adequate to the requirements for domestic use of all persons in the cantonment other than entitled consumers

(2) Any supply of water received under sub-section (1) shall be a bulk supply and the Board shall make such payments to the Officer for all water so received as may be agreed upon between the Board and the Officer, or, in default of such agreement, as may be determined by thec[Central Government] to be reasonable having regard to the actual cost of supplying the water in the cantonment and the rate charged for water in any adjacent municipality: Provided that, notwithstanding anything contained in this Act, the Board shall not charge for the supply to persons in the cantonment of water received by the Board under this section a rate calculated to produce more than the sum of the payments made to the Officer for water received and the actual cost of the supply thereof by the Board to consumers.

(3) If any dispute arises between the Board and the Officer regarding the amount of water adequate to the requirements of persons in the cantonment other than entitled consumers, the dispute shall be referred to thec[Central Govern.ment] whose decision shall befinal.]

SECTION 234B: FUNCTIONS OF THE BOARD IN RELATION TO DISTRIBUTION OF BULK SUPPLY

- Where under the provisions of sub-section (1) ofsection 234Aa bulk supply of water is received by the Board, the Board shall be solely responsible for the supply of water to all persons in the cantonment other than entitled consumers; and the provisions of this Act shall apply as if such bulk supply were a source of public water-supply under the control of the Board and as if the communicationis from and connections with such bulk supply for the purpose of supplying water to such persons were a system of water-supply established and maintained by the Board.]

CHAPTER 14: REMOVAL AND EXCLUSION FROM CANTONMENTS AND SUPPRESSION OF SEXUAL IMMORALITY

SECTION 235: POWER TO REMOVE BROTHELS AND PROSTITUTES

- Thea[Officer Commanding the station]b[or the Board] may, on receiving information that any building in the cantonment is used as a brothel or for purposes-of prostitution, by order in writing setting forth the substance of the information received, summon the owner, lessee, tenant or occupier of the building to appear before himc[or the Board, as the case may be], either in person or by an authorised agent, and, if thed[Officer Commanding the station]b[or the Board] is then satisfied as to the truth of the information,e [the Officer Commanding the station or, as the case may be, the Board may], by order in writing, direct the owner, lessee, tenant or occupier, as the case may be, to discontinue such use of the building within such period as may be specified in the order.

SECTION 236: PENALTY FOR LOITERING AND IMPORTUNING FOR PURPOSES OF PROSTITUTION

- (1) Whoever in a cantonment loiters for the purpose of prostitution or importunes any person to the commission of sexual immorality, shall be punishable with imprisonment Which may extend to one month, or with fine which may extend toc[five hundred rupees].

(2) No prosecution for an offence under this section shall be instituted except on the complaint of the person importuned, or of a military officer in whose presence the offence was committed, or of a member of the Militaryd[Naval] or Air Force Police, being employed in the cantonment and authorised in this behalf by thea[Officer Commanding the station], in whose presence the offence was committed, or of a police officer not below the rank of a sub-inspectorb[or a sergeant] who is employed in the cantonment and authorised in this behalf by thea[Officer Commanding the station]b[with the concurrence of the District Magistrate].

Act 15 of 1983 Clause 134.- Penally undersection 236(1)of the Act for loitering nd importuning for purpose sof prostitution is being enhanced due to escalation in prices. The word "Naval" is being introduced insection 236(2)to cover naval stations also consequent to the amendment ofsection 3(vide clause 3). - Gaz. of Ind., 9-7-1982, Pi. II, S. 2, Ext., P. 57 (No. 26)

SECTION 237: REMOVAL OF LEWD PERSONS FROM CANTONMENT

- If thea[Officer Commanding the station]b[or the Board] is, after such inquiryc[as he or it thinks necessary], satisfied that any person residing in or frequenting the cantonment is a prostitute or has been convicted of an offence underSection 236, or of the abetment of such an offence,d[he or, as the case may be, the Board may] cause to be served on such person an order in writing requiring such person to remove from the cantonment within such time as may be specified in the order, and prohibiting such person from re-entering it without the permission in writing of thee[Officer Commanding the station]b[or the Board].

SECTION 238: REMOVAL AND EXCLUSION FROM CANTONMENT OF DISORDERLY PERSONS

- (1) Ab[Judicial Magistrate of the first class], having jurisdiction in a cantonment, on receiving information that any person residing in or frequenting the cantonment -

(a) is a disorderly person who has been convicted more than once of gaming or who keeps or frequents a common gaming house, a disorderly drinking shop or a disorderly house of any other description, or

(b) has been convicted more than once, either within the cantonment or elsewhere, of an offence punishable underChapter 17 of the Indian Penal Code, or

(c) has been ordered under Chapter VIII of thec[Code of Criminal Procedure, 1973] either within the cantonment of elsewhere, to execute a bond for his good behaviour, may record in writing the substance of the information received, and may issue a summons to such person requiring such person to appear and show cause why he should not be required to remove from the cantonment and be prohibited from re-entering it.

(2) Every summons issued under sub-section (1) shall be accompanied by a copy of the record, and the copy shall be served along with the summons on the person against whom the summons is issued.

(3) The Magistrate shall, when the person so summoned appears before him. proceed to inquire into the truth of the information received and take such further evidence as he thinks fit, and if upon such inquiry, it appears to him that such person is a person of any kind described in subsection

(1) and that it is necessary for the maintenance of good order in the cantonment that such person should be required to remove therefrom and be prohibited from re-entering the cantonment, the Magistrate shall report the matter to thea[Officer Commanding the station], and, if thea[Officer Commanding the station]e[so agrees], shall cause to be served on such person an order in writing requiring him to remove from the cantonment within such time as may be specified in the order and prohibiting him from re-entering it without the permission in writing of thea[Officer Commanding the station].

Act 15 of 1983, Clause 135.- The reference insection 238of the Act tothe British Army Actbeing obsolete is proposed to be omitted. The reference tothe Code of Criminal Procedure, 1898, is being changed into a reference to theCode of Criminal Procedure, 1973 The other changes are consequential and verbal. - Gat. of Ind., 9-7-1982, Pt. II. S. 2. Exi., P. 57 (No 26)

SECTION 239: REMOVAL AND EXCLUSION FROM.CANTONMENT OF SEDITIOUS PERSONS

- (1) If any person in a cantonment causes or attempts to cause or does any act which he knows is likely to cause disloyalty, disaffection or breaches of discipline amongst any portion ofd[Forces] or is a person who, thea[Officer Commanding the station] has reason to believe, is likely to do any such act, thea[Officer Commanding the station] may make an order in writing setting forth the reasons for the making ofthe same and requiring such person to remove from the cantonment within such time as may be specified in the order and prohibiting him from re-entering it without the permission in writing of thea[Officer Commanding the station] : Provided that no order shall be made under this section against any person unless he has had a reasonable opportunity of being informed ofthe grounds on which it is proposed to make the order and of showing cause why the order should not be made.

(2) Every order made under sub-section (1) shall be sent to the Superintendent of Police of the district, who shall cause a copy thereof to be served on the person concerned.

(3) Upon the making of any order under sub-section (1), thea[Officer Commanding the station] shall forthwith send a copy of the same to thec[Central Government].

(4) Thec[Central Government] may, of its own motion, and shall, on application, made to it in this behalf within one month ofthe date ofthe order by the person against whom the order has been made, call upon the District Magistrate to make, after such inquiry as thec[Central Government] may prescribe, a report"regarding the justice ofthe order and the necessity therefor. At every such inquiry the person against whom the order has been made shall be given an opportunity of being heard in his own defence.

(5) Thec[Central Government] may, at any time after the receipt of a copy of an order sent under sub-section (3), or where a report has been called for under sub-section (4), on receipt of that report if it is of opinion that the order should be varied or rescinded,b[make such order thereon as it thinks fit],

(6) Any person who has been excluded from a cantonment by an order made under this section may, at any time after the expiry of one month from the date thereof, apply to the Officer Commanding-in-Chief, the Command, for the rescission ofthe same and, on such application being made, the said Officer may, after making such inquiry, if any, as he thinks necessary, either reject the application or rescind the order.

Act 15 of 1983, Clause 136.- This clause seeks to amendsection 239of the Act and the change is consequential to the insertion of a new definition of the expression "Forces" in the Act. - Gaz. of Ind., 9- 7-1982, Pt. II, S. 2. Ext., P. 57 (No. 26)

SECTION 240: PENALTY

-Whoever-

(a) fails to comply with an order issued under this Chapter within the period specified therein, or, whilst an order prohibiting him form re-entering a cantonment without permission is in force, reenters the cantonment without such permission, or

(b) knowing that any person has, under this Chapter, been required to remove from the cantonment and has not obtained the requisite permission to re-enter it. harbours or conceals such person in the cantonment, shall be punishable with fine which may extend toa[five hundred rupees] and, in the case of a continuing offence, with an additional fine which may extend toa[fifty rupees] for every day after the first during which he has persisted in the offence.

CHAPTER 15: POWERS, PROCEDURE, PENALTIES AND APPEALS

Entry and InspectionPowers and Duties of Police OfficersNoticeRecovery of MoneyCommittees of ArbitrationProsecutionsGeneral Penalty ProvisionsLimitationSuitsAppeals and Revision

SECTION 241: POWERS OF ENTRY

- It shall be lawful for the President or the Vice-President of a Board, or the Executive Officer, or the Health Officer or Assistant Health Officer, or any person speciallyb[authorised by the Executive Officer or the Health Officer] or the Assistant Health Officer, or for any other person authorised by general or special order of aa[Board] in this behalf, to enter into or upon any building or land with or without assistants or workmen in order to make any inquiry, inspection, measurement, valuation or survey, or to execute any work, which is authorised by or upder this Act or which it is necessary to make or execute for any of the purposes or in pursuance of any of the provisions of this Act or of any rule, bye-law or order made thereunder : Provided that nothing in this section shall be deemed to confer upon any person any power such as is referred to insection 207orsection 215or to authorise the conferment upon any person of any such power,Act 15 of 1983 dailies 138 and 139.- The powers to authorise entry undersection 241and of inspection undersection 243of the Act are proposed to be given to the Executive Officer. - Gaz. of lnd" 9-7-1982, Pt. II, S. 2, Exi.. P. 57 (No. 26)

SECTION 242: POWERS OF INSPECTION BY MEMBER OF A BOARD

- With the previous sanction of the President, any member of a Board may inspect any work or institution constructed or maintained. in whole or part, at the expense of the Board, and any register, book, accounts or other document belonging to, or in the possession of, the Board

SECTION 243: POWER OF INSPECTION, ETC

- (1) Aa[Board]b[or the Executive Officer] may, by general or special order, authorise any person -

(a) to inspect any drain, privy, latrine, urinal, cesspool, pipe, sewer or channel in or on any building or land in the cantonment, and. in his discretion, to cause the ground to be opened for the purpose of preventing or removing any nuisance arising-from the drain. privy, latrine, urinal, cesspool, pipe, sewer or channel, as the case may be;

(b) to examine works under construction in the cantonment, to take levels or to remove, test, examine, replace or read any meter.

(2) If on such inspection, the opening of the ground is found to be necessary for the prevention or removal of a nuisance, the expenses thereby incurred shall be paid by the owner or occupier of the land or building, but if it is found that no nuisance exists or but for such opening would have arisen the ground or portion of any building, drain, or other work opened, injured or removed for the purpose of such inspection shall be Filled in, re-instated, or made good, as the case may be, by thea[Board]b[or the Executive Officer].

SECTION 244: POWER TO ENTER LAND ADJOINING LAND WHERE WORK IS IN PROGRESS

- (1) The Executive Officer of a cantonment may, with or without assistants or workmen, enter on any land within fifty yards of any work authorised by or under this Act for the purpose of depositirig there on any soil, gravel, stone or other materials, or of obtaining. access to such work, or for any other purpose connected with the carrying on of the same,

(2) The Executive Officer shall, before entering on any land under sub-section (1), give the occupier, or, if there is no occupier, the owner not less than three days' previous notice in writing of his intention to make such entry, and shall state the purpose thereof, and shall, if so required by the occupier or owner, fence off so much of the land as may be required for such purpose.

(3) The Executive Officer shall, in exercising any power conferred by this section, do as little damage as may be, and compensation shall be payable by thea[Board] to the owner or occupier of such land, or to both, for any such damage whether permanent or temporary.

SECTION 245: BREAKING INTO PREMISES

- It shall be lawful for any person, authorised by or under this Act to make any entry into any place, to open or cause to be opened any door, gate or other barrier -

(a) if he considers the opening thereof necessary for the purpose of such entry; and

(b) if the owner or occupier is absent, or being oresent refuses to open such door, gate or barrier.

SECTION 246: ENTRY TO BE MADE IN THE DAY TIME

- Save as otherwise expressly provided in this Act, no entry authoried by or under this Act shall be made except between the hours of sunrise and sunset.

SECTION 247: OWNER'S CONSENT ORDINARILY TO BE OBTAINED

- Save as otherwise expressly provided in this Act, no building or land shall be entered without the consent of the occupier, or if there is no occupier, of the owner thereof and no such entry shall be made without giving the said occupier or owner, as the case may be, not less than four hours' written notice of the intention tc make such entry:a[Provided that no such notice shall be necessary if the place to be inspected is a factory or workshop or trade premises or a place used for carrying on any trade, calling or occupation specified insection 210or a stable for horses or a shed for cattle or a latrine, privy or urinal or a work under construction, or for the purpose of ascertaining whether any animal indended for human food is slaughtered in that place in corttravention of this Act or any bye-law made thereunder.]Act 15 of 1983 Clause 140.- The present provisions insection 247of the Act relating to entry in premises without notice are being amplified to cover commercial establishments, etc. - Gaz. of Ind., 9-7-1982, Pt. II, S. 2, Ext" P. 57 (No. 26)

SECTION 248: REGARD TO BE HAD TO SOCIAL AND RELIGIOUS USAGES

- When any place used as a human dwelling is entered this Act, due regard shall be paid to the social and religious customs and usages of the occupants of the place entered, and no apartment in the actual occupancy of a female shall be entered or broken open until she has been informed that she is at liberty to withdrawand every reasonable facility has been afforded to her for withdrawing.

SECTION 249: PENALTY FOR OBSTRUCTION

- Whoever obstructs or molests any personbacting on behalf of the Board] who is not a public servant within the meaning ofsection 21 of the Indian Penal Codeor any person with whom thea[Board] has lawfully contracted, in the execution of his duty Of of anything which he is empowered or required to do by virtue or in consequence of any of the provisions of this Act or of any rule, bye-law or order made thereunder, or in fulfilment of his contract, as the case may be, shall be punishable with fine which may extend toc[five hundred rupees].Act 15 of 1983, Clause 141.- There is no provision at present insection 249of the Act to impose penalty on a person who obstructs or molests a person acting on behalf of the Board. A provision is now being introduced to cover such cases. The penalty for causing obstruction is proposed to be enhanced in view of the escalation in prices. - Gaz. of Ind., 9-7-1982, Pt. II. S 2, Ext" P. 57 (No. 26)

SECTION 250: ARREST WITHOUT WARRANT

- Any member ofthe police force employed in a cantonment may, without a warrant, arrest any person committing in his view a breach of any of the provisions of this Act which are specified in Schedule IV Provided that -

(a) in the case ofthe breach of any such provision as is specified in Part B of Schedule IV, no person shall be so arrested who consents to give his name and address, unless there is reasonable ground for doubting the accuracy ofthe name or address so given, the burden of 'proof of which shall lie on the arresting officer, and no person so arrested shall be detained after his name and address have been ascertained; and

(b) no person shall be so arrested for an offence undersection 236except -

(i) at the request of the person importuned or of a military officer in whose presence the offence,was committed; or

(ii) by or at the request of a member ofthe Militaryb[Naval] or Air Force Police, who is employed in the cantonment and authorised in this behalf by thea[Officer Command- ing the station], and in whose presence the offence was committed or by or at the request of any police officer not below the rank of a sub-inspector who is employed in the cantonment and authorised in this behalf by thea[Officer Commanding the station].

Act l5 of l983,Clause l42.- Insection 250of the Act, the word "Naval" is being introduced to cover persons in the employment of the Indian Navy. This amendment iss consequent to the amendment ofsection 3(vide clause 3). - Gaz. of Ind.. 9-7-1982. Pt II, S. 2, Ext., P. 57 (No. 26)

SECTION 251: DUTIES OF POLICE OFFICERS

- It shall be the duty of all police officers to give immediate information to thea[Board] oftheb [commission of, or attempt to commit, any offence] against the provisions of this Act or of any rule or bye-law made thereunder, and to assist all cantonment officers and servants in the exercise of their lawful authority.Act 1$ of 1983, Clause 143.- In the Act. there is no provision under which anattempt to commit an offence is tob reported to the Board bv the police. This lacuna is proposed to be removed bv suitable amendingsection 251ofthe Act --Gaz. of Ind., 9-7-1982. Pi. II. S. 2. Ext., P. 58 (No. 26)

SECTION 252: NOTICES TO FIX REASONABLE TIME

- Where any notice, order or requisition made under this Act or any rule or bye-law made, thereunder requires anything to be done for the doing of which no time is fixed in this Act or in the rule or bye-law, the notice, order or requisition shall specify a reasonable time for doing the same,

SECTION 253: AUTHENTICATION AND VALIDITY OF NOTICES ISSUED BY BOARD

- d[(l)] Every notice, order or requisition issued by aa[Board] under this Act or any rule or bye-law made thereunder shall be signed -

(a)b[***] either by the President of the Board or by the Executive Officer, or,c[* * *]

(b) by the members of any committee especially authorised by thea[Board] in this behalf.

d[(2) Whenever under this Act or any rule or bye-law made thereunder the doing of, or the omission to do anything or the validity of anything depends upon the approval, sanction, consent, concurrence, declaration, opinion or satisfaction of the Board, a written document signed by any officer or member specified in sub-section (1) purporting to convey or set forth such approval, sanction, consent concurrence, declaration, opinion or satisfaction, shall be sufficient evidence thereof.

(3) Every licence, written permission, notice, bill, summons or other document which is required by this Act or any rule or bye-law made thereunder to bear the signature of the President. Vice- President or Executive Officer, or of any such member, of any committee as has been specially authorised by the Board in this behalf shall be deemed to be properly signed if it bears facsimile of the signature of any such officer or member, as the case may be, stamped thereon,

Act IS of 1983, Clause 144.- The existing provisions insection 253of the Act regarding authentication and validity of notices issued by or on behalf of the Board are being amplified to bring the provisions in line with other municipal Laws. -Gar. ofind., 9-7-1982, Pt. II, S.2, Ext., P.58, (No. 26).

SECTION 254: SERVICE OF NOTICE, ETC

- (1) Every notice, order or requisition issued under the this Act or any rule or bye-law made, thereunder shall, save as otherwise expressly provided, be served or presented-

(a) by giving or tendering the notice, order or requisition, or sending it by post, to the person for whom it is intended: or

(b) if such person cannot be found, by affixing the notice, order or requisition on some conspicuous part of his last known place of abode or business, if within the cantonment, or by giving or tendering the notice, order or requisition to some adult male member or servant of his family, or by causing it to be affixed on some conspicuous part of the building, or land, if any, to which it relates.

(2) When any such notice, order or requisition is required or permitted to be served upon an owner, lessee or occupier of any building or land, it shall not be necessary to name owner, lessee or occupier, therein, and the service thereof shall, save as otherwise expressly provided, be effected

(a) by giving or tendering the notice, order or requisition, or sending it by post, to the owner; lessee or occupier, or, if there are more owners, lessees or occupiers than one,a[to] any one of them; or

(b) if no such owner, lessee or occupier can be found, by, giving or tendering the notice, order or requisition to the authorised agent, if any, of any such owner, lessee or occupier, or to an adult male member or servant of the family of any such owner, lessee of occupier, or by causing it to be affixed on some conspicuous part of the building or land to which it relates.

(3) When the person on whom a notice, order or requisition Is to be served is a minor, service upon his guardian or upon an adult male member or servant of his family shall be deemed to be service upon the minor,

SECTION 255: METHOD OF GIVING NOTICE

- Every notice which, by or under this Act, is to be given or served as a public notice or as a notice which is not required to be given to any individual therein specified shall, save as otherwise expressly provided, be deemed to have been sufficiently given or served if a copy thereof is affixed in such conspicuous part of the office of the a[Board] or in such other public palce, during such period, or is published in such local newspaper or in such other manner, as thea[Board] may direct.

SECTION 256: POWERS OF BOARD IN CASE OF NON COMPLIANCE WITH NOTICE, ETC

- In the event of non-compliance with the terms, of any notice, order or requisition issued to any person under this Act, or any rule or bye-law made thereunder, requiring such person to execute any work or to do any act, it shall be lawful for thea[Board]b[or the civil area committee or the Executive Officer at whose instance the notice, order or requisition has been issued.] Whether or not the person in default is liable to punishment for such default or has been prosecuted or sentenced to any punishment therefor, after giving notice in writing to such person, to take such action or such steps as may be necessary for the completion of the act or work required to be done or executed by him, and all the expenses incurred on such account shall bec[recoverable by the Executive Officer on demand, and if not paid within ten days after such demand, shall be recoverable in the same manner as moneys recoverable by the Board undersection 259: Provided that where the action or step related to the demolition of any erection or reerection undersection 185or the removal of any projection or encroachment undersection 187, the Board or the civil area committee or the Executive Officer may request any police officer to render such assistance as considered necessary for the lawful exercise of any power in this regard and it shall be the duty of such police officer to render forthwith such assistance on such requisition.]Act 15 of 1983. Clause 145.- The existing provision insection 256of the Act is being amplified because some of powers of the Board are being vested either in the civil area committee or the Executive Officer. In the existing section, there is no provision to indicate as to how the expenses incurred by the Board on account of non-compliance of notices, etc.. issued by it or on its behalf are to be recovered and this is being clarified. It has also been provided that for ''ie purposes of removing an unauthorised construction or encroachment on Government land. the Board or the civil drea committee or the Executive Officer may request a police officer to render such assistance as might be considered necessary and it'shall be the duty of such police officer to render forthwith such assistance on such requisition. In the absence of an enabling provision in this regard the Board and if, servants had been experiencing a lot of difficulty. - Gai. of Ind., 9.7-1982. Pt. II. S. 2. EM.. P. 58 (No. 26)

SECTION 256A: OCCUPIER NOT TO OBSTRUCT OWNER WHEN COMPLYING WITH NOTICE

- If the owner of any property in respect of which a notice as is referred to insection 256has been given is prevented by the occupier from complying with such notice, the Board or the Civil area committee or the Executive Officer at whose instance such notice has been given may by order, require.the said occupier to permit the owner within eight days from the date of service of such notice to .take all such action as may be necessary to comply with the said notice and such owner shall, for the period during which he is prevented as aforesaid, be exempt from any fine or penalty to which he might otherwise have become liable by reason of non-compliance with such notice.]Act IS of 1983. Clause 146.- This clause seeks to insert newsection 156Ain the Act to cover the contihgencies in which the occupier of property prevents the owner from complying with any lawful requisition or notices issued by the Board. - Gaz. Of Ind., 9-7-1982, Pt. II, S. 2, Ext., P. 58 (No. 26).

SECTION 257: LIABILITY OF OCCUPIER TO PAY IN DEFAULT OF OWNER

- (1) If any such notice as is referred to insection 256has been given to any person in respect of property of which he is the owner, thea[Board]b[or the civil area committee or the Executive Officer at whose instance such notice has been issued] may require any occupier of such property or of any part thereof toc[pay to it or him], instead of to the owner, any rent payable by him in respect of such property, as it falls due, up to the amount recoverable from the owner undersection 256:d[Provided that if the occupier, on application made to him by the Board or the civil area committee or the Executive Officer at whose instance such notice has been issued, refuses truly to disclose the amount of his rent or the name or address of the person to whom it is payable, the Executive Officer may recover from the occupier the whole amount recoverable undersection 256in the same manner as moneys recoverable by the Board undersection 259.]

(2) Any amount recovered from an occupier instead of from an owner under sub-section (1) shall, in the absence of any contract between the owner and the occupier to the contrary, be deemed to have been paid to the owner. Act l5 of l983.Clause l47.- As powers and functions of the Board under certain sections of the Act are propoied to be given to the Executive Officer or the civil area committee, the amendments tosection 257of the Act-are consequential in nature, - Gaz. of Ind., 9-7-1982, Pt. II. S. 2. Ext., P. 5S (No. 26).

SECTION 258: RELIEF TO AGENTS AND TRUSTEES

- (1) Where any person, by reason of his receiving the rent of immovable property as an agent or trustee, or of his being as an agent to trustee the person who would receive the rent if the property were let to a tenant, would under this Act be bound to discharge any obligation imposed on the owner of the property for the discharge of which money is required, he shall not be bound to discharge the obligation unless he has, on but for his own improper act or default might have had, funds in his hands belonging to the owner sufficient for the purpose.

(2) The burden of proving any fact entitling an agent or trustee to relief under sub-section (1) shall lie upon him.

(3) Where any agent or trustee has claimed and established his right to relief under this section, thea[Board] may, by notice in writing, require him, to apply to the discharge of such obligation as aforesaid the first monies which may come to his hands on behalf, or for the use, of the owner, and, on failure to comply with the notice, he shall be deemed to be personally liable to discharge the obligation.

SECTION 259: METHOD OF RECOVERY

- (1) Notwithstanding anything elsewhere contained in this Act,b[arrears of any tax.f[and any other money recoverable, including rent on land and buildings due under leases or licences executed by or in favour of a Board or the Defence Estates Officer] under this Act or the rules made thereunder] may be recovered together with the cost of recovery either by suit or, on application to ag[Judicial Magistrate] having jurisdiction in the cantonment or in any place where the person from whom suchc[tax, renter money] is recoverable may for the time being be residing,h[either by the distress and sale of movable property of such person, or by the attachment and sale of immovable property of that person, which is within the limits of the jurisdiction of such Judicial Magistrate, or by both these methods], and shall, if payable by the owner of any property as such, be a charge on the property until paid : Provided that the tools of artisans,d[growing crops up to the value of five hundred rupees and implements and cattle used for the purposes of agriculture] shall be exempt from such distress or sale.

(2) An application to ag[Judicial Magistrate] under sub-section (1) shall be in writing and shall be signed by the President or Vice-President of the Board or by the Executive Officere[or thei [Defence Estates Officer]], but shall not require to be personally presented,]

[(3) Upon receiving the application, the Judicial Magistrate referred to in sub-section (1) may take action for the recovery of the amount of tax, rent or money from the person specified in the application as if such amount were a fine recoverable under a sentence passed by him and the provisions ofsections 421and422 of the Code of Criminal Procedure, 1973, shall so far as may be, apply to the recovery of such amount: Provided that the recovery of no such amount shall be made by the arrest or detention in prison of the said person],

Act 15 of 1983, Clause 148.- At present, the rent of buildings and land and any other money recoverable by the Board under the Act or the rules made thereunder can be recovered in accordance with the procedure prescribed insection 259of the Act. It is proposed to amend this section to provide also for recovery of rent on land and buildings due under leases or licences executed by or in favour of a Board or the Defence Estates Officer. It is also proposed to provide for attachment of immovable property as one of the modes of recovery. In view of the coming into force ofthe Code of Criminal Procedure, 1973(2 of 1974), (he reference of the Magistrate in the section is substituted with the reference of Judicial Magistrate. It is proposed to insert a new sub-section (3) enabling a Judicial Magistrate to recover the amount of tax, rent or money due to the Board as if such amount were a fine recoverable under a sentence passed by him and the provisions ofsections 421and422 of the Code of Criminal Procedure, 1973shall apply to the recovery of such amount. The other amendment is consequential. - Gaz. of Ind., 9-7-1982, Pt. II, S. 2, Ext., P.58 (No. id).

SECTION 260: APPLICATION FOR A COMMITTEE OF ARBITRATION

- In the event of any disagreement as to the liability of aa[Board] to pay any compensation under this Act, or as to the amount of any compensation so payable, the person claiming such compensation may apply to thea[Board] for the reference of the matter to a committee of Arbitration and thea[Board] shall forthwith proceed to convene a Committee of Arbitration to determine the matter in dispute.

SECTION 261: PROCEDURE FOR CONVENING COMMITTEE OF ARBITRATION

- When a Committee of Arbitration is to be convened, thea[Board] shall cause a public notice to be published slating the matter to be determined, and shall forthwith send copies of the order to the District Magistrate, and to the other party concerned, and shall, as soon as may be, nominate such memeeri of the Committee, as it is entitled to.nominate underSection 262, and, by notice in writing, call upon the other persons who are entitled to nominate a member or members of the Committee to nominate such member or members in accordance with the provisions of that section.

SECTION 262: CONSTITUTION OF COMMITTEE OF ARBITRATION

- (1) Every Committee of Arbitration shall consist of Five members, namely :-

(a) a Chairman who shall be a person not in the service of thea[Government] or thea[(Board], and who shall be nominated by theb[Officer Commanding the station];

(b) two persons nominated by thea[Board]; and

(2) If thea[Board] or the other party concerned or theb[Officer Commanding the station] fails within seven days of the date of issue of the notice referred to inSection 261to make any nomination which it or he is entitled to make or, if any member who has been so nominated neglects or refuses to act and thea[Board] or other person by whom such member was nominated fails to nominate another member in his place within seven days from the date on which it or he may be called upon to do so by the District Magistrate, the District Magistrate shall forthwith appoint a member or members, as the case may be, to fill the vacaricy or vacancies.

SECTION 263: NO PERSON TO BE NOMINATED WHO HAS DIRECT INTEREST OR WHOSE SERVICES ARE NOT IMMEDIATELY AVAILABLE

- (1) No person who has a direct interest in the matter under reference, or whose services are not immediately available for the purposes of the Committee, shall be nominated a member of a Committee of Arbitration.

(2) If, in the opinion of the District Magistrate, any person who has been nominated has a direct interest in the matter under reference, or is otherwise disqualified for nomination, or if the services of any such person are not immediately available as aforesaid, and if thea[Board] or other person by whom any such person was nominated fails to nominate another member within seven days from the date on which it or he may be called upon to do so by the District Magistrate, such failure shall be deemed to constitute a failure to make a nomination within the meaning of section 262.

SECTION 264: MEETINGS AND POWERS OF COMMITTEES OF ARBITRATION

- (1) When a Committee of Arbitration has been duly constituted, thea[Board] shall, by notice in writing, inform each of the members of the fact, and the Committee shall meet as soon as may be thereafter.

(2) The Chairman of the Committee shall fix the time and place of meetings, and shall have power to adjourn any meeting from time to time as may be necessary.

(3) The Committee shall receive and record evidence, and shall have power to administer oaths to witnesses, and, on requisition in writing signed by the Chairman of the Committee, the District Magistrate shall issue the necessary processes for the attendance of witnesses and' the production of documents required by the Committee, and may enforce the said processes as if they were processes for attendance or production before himself.

SECTION 265: DECISIONS OF COMMITTEES OF ARBITRATION

- (1) The decision of every Committee of Arbitration shall be in accordance with the majority of votes taken at a meeting at which the Chairman and at least three of the other members are present.

(2) If there is not a majority of votes in favour of any proposed decision, the opinion of the Chairman shall prevail.

(3) The decision of a Cominittee of Arbitration shall be final and shall not be questioned in any Court,

SECTION 266: PROSECUTIONS

- a[(1)] Save as otherwise expressly provided in this Act, no Court shall proceed to the trial of any offence made punishable by or under this Act, other than an offence specified in Schedule IV, except on the complaint of, or upon information received from, theb[Board] concerned or a person authorised by theb[Board] by a general or special order in this behalf.

c[(2)* * * * *] Act 15i of 1983, Clause 149 and 154.-The amendment tosections 266and271has become. necessary in view of the coming into force of theCode of Criminal Procedure, 1973 (2 of 1974) - On. of Ind., 9-7- 1982, Pt, II. S. 2, Ext., P. 58 (No. 26),

SECTION 267: COMPOSITION OF OFFENCE

- (1) Aa[Board], or any person authorised by it, by general or special order in this behalf, may, either before or after the institution of the proceedings, compound any offence made punishable by or under this Act other than an offence under Chapter XIV: Provided that no offence shall be compoundable which is committed by failure to comply with a notice, order or requisition issued by or on behalf of thea[Board], unless and until the same has been complied with in so far as compliance is possible.

(2) Where an offence has been compounded, the offender, if in custody, shall be discharged and no further proceedings, shall betaken against him in respect of the offence so compounded.

SECTION 268: GENERAL PENALTY

- Whoever, in any case in which a penalty is not expressly provided by this Act. fails to comply with any notice, order or requisition issued under any provision thereof, or otherwise contravenes any. of the provisions of this Act, shall be punishable with fine which may extend toa[five hundred rupees] and, in the case of a continuing failure in contravention, with an additional fine which may extend toa[fifty rupees] for every day after the first during which he has persisted in the failure or contravention,

SECTION 268A: OFFENCES BY COMPANIES

- (1) Where an offence under this Act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1). where an oftence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(a) "company" means any body corporate and includes a firm or other association of individuals; and

(b) "director", in relation to a firm, means a partner in the firm.] Act 15 of 1983, Clause 151.- This clause seeks to insert a newsection 268Ain the Act to enable the Board to prosecute a company for offences committed under the Act. - Gaz, of Ind., 9-7-1982, Pt. II. S. 2. Ext., P. 58 (No. 26).

SECTION 269: CANCELLATION OR SUSPENSION OF LICENCES, ETC

-Where any person to whom a licence or written permission has been granted under this Act or any agent or servant of such person commits a breach of any of the conditions thereof, or of any bye-law made under this Act for the purpose of regulating the manner or circumstances in, or the conditions subject to which anything permitted by such licence or written permission is to be or may be done, or where the Board or the civil area committee, as the case may be, is satisfied that such licence or written permission has been secured by the holder through misrepresentation or fraud, the Board or the civil area committee, as the case may be, may, without prejudic to any other penalty which may have been incurred under this Act, by order in writing, cancel the licence or written permission or suspend it for such period as it thinks fit . Provided that no such order shall be made unless an opportunity has been given to the holder of the licence or written permission to show cause why it should not be made.]Act 15 of 1983, Clause 152.-Section 269of the Act relates to cancellation of licences by the Board. It is proposed (o substitute a new section for this section to confer this power also on the civil area committee and to bring within its scope written permissions. It is also proposed to confer on the Board or the civil area committee the power to.cancel or suspend a licence or written permission in a case where the licence or written permission has been secured through misrepresentation cr fraud. - Gaz. Of Ind.. 9-7-1983. Pt. II. S. 2, Ext., P. 59 (Nc. 26).

SECTION 270: RECOVERY OF AMOUNT PAYABLE IN RESPECT OF DAMAGE TO CANTONMENT PROPERTY

- Where any person' has incurred a penalty by reason of having caused any damage to the property of aa[Board], he shall be liable to make good such damage, and the amount payable in respect of the damage shall incase of dispute, be determinedb[by the Judicial Magistrate] by whom the person incurring such penalty is convicted, and, on non-payment of such amount on demand, the same shall be recoveredc[either by the distress and sale of the movable property of such person, or by the attachment and sale of the immovable property of that person, or by both these methods and the Judicial Magistrate shall recover the amount in accordance with the provisions ofsections 421and422 of the Code of Criminal Procedure 1973, as if it were a fine recoverable under a sentence paased by him].Act l5of l983,Clause 153.-Section 270of the Act relates to recovery of amount payable in respect of damage to cantonment property. This section is being amended to effect recovery also by attachment and sale of immovable property and to make the provisions ofsections 421and422 of the Code of Criminal Procedure, 1973(2 of 1974)applicable to such recovery. -Gai. of Ind., 9-7-1982, Pt. II, S. 2, Ext., P. 59 (No. 26).

SECTION 271: LIMITATION FOR PROSECUTION

- No Court shall try any person for an offence made punishable by or under this Act, after the expiry of six months from the date of the commission of the offence, unless complaint in respect of the offence has been made to aa[Judicial Magistrate] within the six months aforesaid.

SECTION 272: PROTECTION OF BOARD, EXECUTIVE OFFICER, ETC

- No suit or prosecution shall be entertained in any Court against anya[Board]b[* * *] or against anyc [Officer Commanding a station] or against any member of a Board, or against any officer or servant of aa[Board], for anything in good faith done, or intended to be done, under this Act or any rule or bye-law made thereunder.

SECTION 273: NOTICE TO BE GIVEN OF SUITS

- (1) No suit shall be inserted against anya[Board] or against any member of a Board, or against any officer or servant of aa[Board], in respect of any act done, or purporting to have been done, in pursuance of this Act or of any rule or bye-law made thereunder, until the expiration of two months after notice in writing has been left at the office of thea[Board], and in the case of such member, officer or servant, unless notice in writing has also been delivered to him or left at his office or place of abode, and unless such notice states explicitly the cause of action, the nature of the relief sought, the amount of compensation claimed, and the nameand place of abode of the intending plaintiff, and unless the plaint contains a statement that such notice has been so delivered or left.

(2) If thea[Board], member, officer or servant has, before the suit is instituted, tendered sufficient amends to the plaintiff, the plaintiff shall not recover any sum in excess of the amount so tendered, and shall also pay all costs incurred by the defendant after such tender,

(3) No suit, such as is described in sub-section (1), shall, unless it is an action for the recovery ofimmoveable property or for a declaration of title thereto, be instituted after the expiry of six months from the date on which the cause of action arises,

(4) Nothing in sub-section (1) shall be deemed to apply to a suit in which the only relief claimed is an injunction of which the object would be defeated by the giving of the notice or the postponement of the institution of the suit or proceeding,

SECTION 274: APPEALS FROM EXECUTIVE ORDERS

- (1) Any person aggrieved by any order described in thea[third column] of Schedule V may appeal to the authority specified in that behalf in thea[fourth column] thereof,

(2) No such appeal shall be admitted if it is made after the expiry of the period specified in that behalf in theb[fifth column] of the said Schedule.

(3) The period specified as aforesaid shall be computed in accordance with the provisions ofc [Limitation Act. 1963], with respect to the computation of periods of limitation thereunder. Act IS of 1913, clause 155.- The reference insection 274of the Act tothe Indian Limitation Act, 1908, is being changed into a reference tothe Limitation Act, 1963and the other amendments are consequential. - Gaz. of lnd" 9-7-1982, Pt. II, S. 2, Ext., p. 59 (No, 26).

SECTION 275: PETITION OF APPEAL

- (1) Every appeal undersection 274shall be made by petition in writing accompanied by a copy of the order appealed against.

(2) Any such petition may be presented to the authority which made the order against which the appeal is made, and that authority shall be bound to forward it to the appeallate authority, and may attach thereto any report which it may desire to make by way of explanation.

SECTION 276: SUSPENSION OF ACTION PENDING APPEAL

- On the admission of an appeal from an order, other than an order contained in a notice issued undersection 140,section 176,section 181,section 206orsection 238, where the appellate authority so directs, all proceedings to enforce the order and all prosecutions for any contravention thereof shall be held in abeyance pending the decision of the appeal, and, if the order is set aside on appeal, disobedience thereto shall not be deemed to be an offence.]Act 15 of 1983, Clause 156. "Section 276of the Act provides for the suspension of action pending appeal. It is proposed to substitute this section to provide for the said suspension only if the appellate authority so directs. This, however, is not applicable to an order contained in a notice issued undersection 140,170or238of the Act. It this list of exceptions, notices issued undersection 181andsection 206are proposed to be added,- Gaz. of Ind., 9- 7-1982. Pt. II, S.2,Ext.,p.59(No.26),

SECTION 277; REVISION

-a[ * * * * * *]

a[(1) Where an appeal from an order made by theb[Board] has been disposed of by the District Magistrate,d[either party to the proceedings] may, within thirty days from the date thereof, apply, through thee[Officer Commanding-in-Chief, the Command], to thee[Central Government], or to such authority as thee[Central Government] may.appoint in this behalf, for a revision of the decision,

a[(2) The provisions of this Chapter with respect to appeals shall apply, as far as may be, to applications for revision made under this section.

SECTION 278: FINALITY OF APPELLATE ORDERS

- Save as otherwise provided insection 277, every order of an appellate authority shall be final.

SECTION 279: RIGHT OF APPELLANT TO BE HEARD

- No appeal shall be decided under this Chapter unless the appellant has been heard, or has had a reasonable opportunity of being heard in person or through a legal practitioner.

CHAPTER 16: CHAPTER

Act 15 of 1983, Claim 159.- The existing provisions contained insection 282of the Act enabling a Board to franW bye-laws for various pruposes to regulate the day-to-day administration of the cantonment are being 'amplified wherevit considered necessary. - Gaz. of Ind., 9-7-1982, Pt. II, S. 2, Ext., P. 59 (No. 26).Act 15 of 1983.- This clause seeks to amendsection 283of the Act relating to penalty for breach ofbye-lawi. ExiMingsection 283is being renumbered as sub-section ( 1 ) thereof. Under sub-clause (a) the penalties prescribed therein for brtich of bye-laws are being enhanced due to escalation in prices , Sub-clause (b) seeks to insert new sub-section (2) to the effect that any bye-law framed by the Board may provide that a person contravening the same would be required romedy.50 far as lies within his power, the damage or mischief, if any, caused by such contravention.- Gaz. of ind., 9-7-l982, pt., II, S. 2, Exi., p. 59 (No. 26).

SECTION 280: POWER TO MAKE RULES

- (1) Thei[Central Government] may, after previous publication, make rulesato carry out the purposes and objects of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following, matters, namely:

(a) the manner in which, and the authority to which, application for permission to occupy land belonging toi[the Governmeht] in a cantonment is to be made;

(b) the authority by which such permission may be granted and the conditions to be annexed to the grant of any such permission;

b[(bb) the allotment to ac[Board] of a share of the rents and profits accruing from property entrusted to its management under the provisions ofsection 116A;]

e[(c) the tenure of office, salaries and allowances, provident funds, pensions, gratuities',. leave of absence and other conditions of service of servants of Boards.]

f[(cc) * * *]

(d) the circumstances in which security shall be demanded from servants ofd[Boards] and the amount and nature of such security;

f[e) * * *]

f[(f) * * *]

(g) the keeping of accounts byd[Boards] and the manner in which such accounts shall be audited and published;

(h) the definition of the persons by whom and the manner in which money may be paid out of a cantonment fund;g[* * * * * * * ]

(i) the preparation of estimates of income and expenditure byc[Boards] and the definition of the persons by whom, and the conditions subject to which, such estimates may be snactioned;

(j) the regulation of the procedure of Committees of Arbitration: and

(k) the prescribing of registers, statements and forms to be used and maintained by any authority for the purposes of this Act;

h[(l) the grant of leave to' the members of the Board;

(m) .the form of notices required to be sent under this Act and the manner of their service.] Act 15 of 1983, Clause IS7,-Section 280of the Act empowers the Central Government to make rutes. For (he existing sub-clauses (c), (e) and (f) of sub-section (1) of the said section relating to the service conditions of servants of Boards, a comprehensive clause is being inserted as clause (c). Sub-clause (cc) of the said sub-section is being omitted as a result of the proposal to constitute Defence Lands and Cantonments Services under Article 309 of the Constitution.- Gaz. of Ind., 9-7-1982, Pt. II, S. 2, Ext., p. 59 (No. 26).

SECTION 281: SUPPLEMENTAL PROVISIONS RESPECTING RULES

- (1) A rule undersection 280may be made either generally for all cantonments or for the whole or any part of any one or more cantonments- b(1A) the power to make rules underclause (c) of sub-section (2) ofsection 280, shall include the power to give retrospective effect from a date not earlier than the date of commencement of the Cantonments (Amendment) Act, 1983, to the rules or any of them but no retrospective effect shall be given to any rule so as to prejudicially affect the interests of any person to whom such rule may be applicable: Provided that where any rule has to be given retrospective operation the reasons therefor and the effect of giving such retrospective operation shall be published along with the draft of the rules when such draft is published for eliciting public opinion under sub-section (1) ofsection 280.]

(2) Allc[rules made under this Act] shall be published in thea[Official Gazette] and in such other manner, if any as thea[Central Government] may direct and, on such publication, shall have effect as if enacted in this Act.

b[(3) Every rule made by the Central Govt. under this Act shall be laid. as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid; both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

Art 15 of 1983, Clause 158.- Difficulties have arisen with regard to rules framed under the Act relating to service conditions which had to be given retrospective effect. However, this could not be done in absence of an enabling provision in the Act. It is now proposed to amendsection 281of the Act suitably with adequate safeguards. New sub-section (3) provides for laying of the rules made by Central Government before each House of Parliament as per recommendations of the Committee on Subordinate Legislation- Gaz. of lr.d., 9-7-1982, Pt. II, S. 2, Ext., P. 59 (No. 26)

SECTION 282: POWER TO MAKE BYE BYE--LAWS

- Subject to the provisions of this Act, and of the rides made thereunder aa[Board] may, in addition to any bye-laws which it is empowered to-make by any other provision of this Act, make bye-laws to provide for all or any of the following matters in the cantonment, namely:-

(1) the registration of births, deaths and marriages and the taking or a census;

d[(2) the enforcement of compulsory vaccination and inoculation and levy of fees where such vaccination or inoculation is carried out at the houses of residents.]

(3) the regulation of the collection and recovery of taxes, tolls and fees under this Act arid the refund of taxes;

d[(4) the regulation of any description of traffic in the streets and the enforcement of measures for the reduction of noise caused thereby or the prohibition, of any description of such traffic.]

(5) the manner in which vehicles standing driven, led or propelled in the streets between sunset and sunrise shall be lighted;

(6) the seizure and confiscation of ownerless animals staying within the limits of the cantonmente [and regulation and control of cattle pounds];

(7) the prevention and extinction of fire;

(8) the construction of scaffolding for building operations to secure the safety of the general public and of persons working thereon;

(9) the regulation in any manner not specifically provided for in this Act of the construction, alteration, maintenance, preservation, cleaning, and repairs of drains, ventilation- shafts, pipes, waterclosets, privies, latrines, urinals, cesspools and other drainage works;

(10) the regulation or prohibition of the discharge into, or deposit in, drains or' sewage, polluted water and other offensive or obstructive matter; ,

(11) the regulation or prohibition of the stabling or hording of animals, or of any class of animals, so as to prevent danger to public health;

(12) the proper disposal of corpses, the regulation and management of burial and burning places and other places for the disposal of corpses and the fees chargeable for the use of such places where the same are provided or maintained by Government or at the expense of the cantonment fund;

(13) the permission, regulation or prohibition of the use or occupation of any street or place itinerant vendors or by any person for the sale of articles or the exercise of any calling or the setting up of any booth or stall, and the fees chargeable for such use or occupation;

(14) the regulation and control of encamping grounds,f[** * *] serais, hotels, dak- bungalows, lodging-houses, boarding-houses, building let in tenement, residential clubs: restaurants eating houses, cafes, refreshment-rooms and places of public recreation entertain- ment or resort;

(15) the regulation of the ventilation, lighting cleansing, drainage and water supply of the building used for the manufacture or sale of aerated or other potable waters and of butter, milk. sweetmeats and other articles of food or drink for human consumption;

(16) the matters regarding which conditions may be imposed by licences grantedg[undersection 124orsection 210];

(17) the control and supervision of places where dangerous or offensive trades are carried on so as to secure cleanliness therein or to minimise any injurious, offensive or dangerous effects arising or likely to arise therefrom;

(18) the regulation of the erection of any enclosure, icnce lent, awnmg or other temporary structure of whatsoever material or nature on any land situated within the cantonmente[and the fees chargable in respect thereof];

(19) the laying out of streets, and the regulation and prohibition of the erection of building without adequate provision being made for the laying out and location of streets;

e[(19A) the form of and the particulars which shall be contained in a development scheme or an improvement scheme and the manner in which such scheme shall be framed or altered;

(20) the regulation of the use of public parks and gardens and other public places, and the prolection of avenues, trees, grass and other appurtenances of streets and other public places;

(21) the regulation of the grazing of animalse[and the fees chargeable in respect thereof];

(22) the fixing and regulation of the use of public bathing and washing places;

(23) the regulation of the posting of bills and advertisements, and of the position size, shape or style of name-boards, sign-boards and signposts;

(24) the fixation of method for the sale of articles whether by measure, weight, piece or any other method;

(25) the rendering necessary of licences within the cantonment-

(a) for persons working as job porters for the conveyance of goods;

(b) for animals or vehicles let out on hire tor used for hawking articles];

(c) for the proprietors or drivers of vehicles, boats or other conveyances, or of animals kept or plying for hire '[or used for hawking articles];b[*]

(d) for persons impelling or carrying such vehicles or other conveyances;c[or

(e) for persons practising as nurses, midwives or dais;]

(26) the prescribing of the fee payable for any licence required under clause (25), and of the conditions subject to which such licences may be granted, revised suspended or withdrawn;

(27) the regulation of the charges to be made for the services of such job porters and of the hire of such animals, vehicles or other conveyances, and for the remuneration of persons impell.ing or carrying such vehicles or conveyances as are referred to in clause (25);

e[(27A) the prescribing of fee payable for any licence (except as otherwise specifically provided in the Act) or for any 'written permission granted by the Board;]

(28) the regulation .or prohibition, for purposes of sanitation or the prevention of disease or the promotion of public safety or convenience of any act which occasions or is likely to occasion a nuisance, and for the regulation or prohibition of which no provision is made elsewhere by or under this Act;

(29) the circumstances and the manner in which owners of buildings or land in the cantonment, who are temporarily absent from, or are not resident in, the cantonment, may be required to appoint as their agents, for all or any of the purposes of this Act or of any rule or bye-law made thereunder, persons residing within or near the cantonment;

(30) the prevention of the spread of infectious or contagious diseases within the cantonment;

(31) the segregation in, or the removal and exclusion from, the cantonment, or the destruction, of animals suffering or reasonably suspected to be suffering from any infections or contagious disease;

(32) the supervision, regulation, conservation and protection from injury, contamination or trespass of sources and means of public water-supply and of appliances for the distribution of water whether, within or without the limits of the cantonment;

(33) the manner in which connections with water-works may be constructed or maintained, and agency which shall or may be employed for such construction and maintenance;

(34) the regulation of all matters and things relating to the supply and use of water including the collection and recovery of charges therefor and the prevention of evasion of the sa me;

(35) the maintenance of schools, and the furtherance of education generally;

(36) the regulation or prohibition of the cutting or destruction of trees or shrubs, or of the making of excavations, or of the removal of soil or quarrying, where such regulation or prohibition appears to thea[Board]e[to be not prejudicial, to the maintenance of ecological balance and] to be necessary for the maintenance, of a. water-supply, the preservation of the soil, the prevention of landslips or of the formation of ravines or torrents, or the protection of land against erosion or against the deposit thereon of sand, gravel or stones;

(37) the rendering necessary of licences for the use of premises within the.cantonment ash[stables kennels, sties] or cowhouses or as accommodation for sheep, goats or foals;

(38) the control of the use in the cantonment of mechanical whistles, syrens oil trumpets,f[*] i

[(39) the regulation of supply of copies of official documents and prescribing the fee payable in respect thereof;

(40) the regulation of permission for granting licence for use of loud-speakers and prescribing the fee payable in respect thereof; i

[(41)] generally for the regulation of the administration of the cantonment under this Act.

SECTION 283: PENALTY FOR BREACH OF BYE LAWS

- b[(1) Any bye-law made by aa[Board] under this Act may provide that a contravention thereof shall be punishable-

(a) with fine which may extend tocFive hundred rupees]; or

(b) with fine which may extend toc[five hundred rupees] and, in the case of a continuing contravention, with an additional fine which may extend toc[fifty rupees] for every day during which such contravention continues after conviction for the first such contraven tion; or

(c) with fine which may extend toc[fifteen rupees] for every day during which the contravention continues after the receipt of a notice from, thea[Board] by the person contravening the bye-law requiring such person to discontinue such contravention.

b[(2) Any such bye-law may also provide that a person contravening the same shall be required to remedy, so far as lies in .his power, the damage or mischief, if any, caused by such contravention.]

SECTION 284: SUPPLEMENTAL PROVILSIONSI REGARDING BYE LAWS

- (1) Any power to make bye-laws conferred by this Act is conferred subject to the condition of the bye-laws being made after previous publication and of their not taking effect until they have been appcoved and confirmed by thea[Central Government] and published in thea[Official Gazette].

(2) Thea[Central Government] in confirming a bye-law may make any change therein which appears to it to be necessary.

(3) Thea[Central Government] may, after previous publication of its intention cancel any bye-law which it has confirmed, and thereupon the bye-law shall cease to have effect.

[(4) Every bye-law made under this Act and every order made under sub-section (3) shall Be laid as soon as may be after it is made, before each House of Parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session immediately following the session or the successive sessions aforesaid both Houses agree in making any modification in the bye-law or order or both Houses agree that the bye-law or order should not be made, the bye-law or order shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification of annulment shall be without prejudice to the validity of anything previously done under that bye-law or order.]

SECTION 285: RULES AND BYE BYE--LAWS TO BE AVAILABLE FOR INSPECTION AND PURCHASE

-_ (1) A copy of all rules and bye-laws made under this Act shall be kept at the office ofa[Board] and shall, during office hours, be open free of charge to inspection by any inhabitant of the cantonment.

(2) Copies of all such rules and bye-laws shall be kept at the office of thea[[Board], land shall be sold to the public at cost price singly, or in collections at the option of the purchaser].

CHAPTER 17: SUPPLEMENTAL PROVISIONS

Act 15 of 1983, Clause 161.- Existingsection 286 Aof the Act is being re-structured to bring it in conformity with the various amendments proposed to be made in the Act.- Gaz. of Ind., 9-7-1982, Pi. II, S. 2, Ext., p. 60 (No. 26).Act 15 of 1983, Clause 162.- The reference tothe Indian Registration Actinsection 287of the Act is being changed into a reference tothe Registration Act, Provision is also b ing made that information pertaining to a document relating to a property situated within the cantonment registered with the Registrar or the Sub-Registrar will be submitted by the Registrar or the Sub-Registrar to the Executive Officer and the Defence Estates Officer.- Gaz. of Ind., 9-7-1982, Pt. 11, S. 2, Ext" p. 60 (No. 26).Act 15 of 1983. Clause 163.-As the Executive Officer is the keeper of all records maintained on behalf of the Board, he B being authorised, instead of the Board, under-section 289of the Act, to certify documents for the purposes of their admissibility in evidence.- Gaz. of Ind., 9- 7-1982, Pt. II, S. 2, Ext., p. 60 (No. 26).

SECTION 286: EXTENSION OF CERTAIN PROVISIONS OF THE ACT AND RULES TO PLACES BEYOND CANTONMENTS

- Thea[Central Government] may, by notification in thea[Official Gazette] and subject to any conditions as to compensation or otherwise which it thinks fit to impose, extend to any area beyond a cantonment arid in the.vicinity thereof, with or without restriction or modification, any of the provisions of Chapters IX, X, XI, XII, XIII, XIV and XV or of any rule or bye-law made under this Act for the cantonment which relates to the subject-matter of any of those Chapters, and every enactment, rule or bye-law so extended shall thereupon apply to that area as if the area were included in the cantonment,

SECTION 286A: POWER TO DELEGATE FUNCTIONS TO THE PRESIDENT ETC

- (1) The Board may, by a resolution passed in this behalf, delegate to the President, Vice- President, Executive Officer or Health Officer, subject to such conditions, if any, as may be specified in the resolution, all or any ofitsfunctionsunderclause(b)of sub-section(5)ofsection 119,section 161,section 163,section 168,section 169,section 196andsection 197.

(2) The Civil area committee may, by passing a similar resolution, delegate, subject to such conditions, if any, as may be specified in such resolution, all or any of its functions undersection 189andsection 195to the Vice-President, Executive Officer or Health Officer.]

SECTION 287: REGISTRATION

- (1) Paragraphs 2 and 3 ofsection 54andsections 59,107and123 of the Transfer of Property Act, 1882, with respect to the transfer of property by registered instrument, shall, on and from the commencement of this Act, extend to every cantonment.

a[(2) The Registrar or Sub-Registrar of the district, or sub-district formed for the purposes of thec [Registration Act], 1908, in which any cantonment is situated, shall,b[when any document relating to immovable property within the cantonment is registered, send information of the registration] forthwithc[to the Executive Officer and the Defence Estates Officer and] such other authority as thed[Central Government] may prescribe in this behalf.]

SECTION 288: VALIDITY OF NOTIES AND OTHER DOCUMENTS

- No .notice, order, requisition, licence, permission in writing or other such document issued under this Act shall be invalid merely by reason of any defect of form.

SECTION 289: ADMISSIBILITY OF DOCUMENT OR ENTRY AS EVIDENCE

- Acopy of any receipt application, plan. notice, order or other document or of any entry in a register, in the possession of aa[Board] shall, if duly certified by the legal keeper thereof or other person authorisedb[by the Executive Officer] in this behalf, beadmissible in evidence of the existence of the document or entry, and shall be admitted as evidence of the matters and transactions therein recorded in every case where, and to the same extent to which, the original document or entry would, if produced, have been admissible to prove such matters.

SECTION 290: EVIDENCE BY OFFICER OR SERVANT OF THE BOARD

- No officer or servant of aa[Board] shall, in any legal proceeding to which thea'[Board] is not a party, be required to produce any register or document the contents of which can be proved undersection 289by a certified copy, or to appear as a witness to prove any matter or transaction recorded therein save by order of the Court made for special cause.

SECTION 291: APPLICATION OF ACT IV OF 1899

- For the purposes ofthe Government Buildings Act, 1899, cantonments anda[Boards] shall be deemed to be municipalities and municipal authorities respectivelyb[and the references to State Government insection 4of that Act shall be construed as references io Central Government].Act 15 of 1913, Clause 164.- This clause seek! io amendsection 291of (he Act to provide that with reference to the application ofthe Government Buildings Act, 1899within a cantonment, the power of a State Government under that Act should be consurued as vesting in the Central Government.- Gaz. of Ind., 9-7-1982, Pi. II, S. 2, Exi., p. 60 (No. 26).

SECTION 292: REPEALS

[Repealed by the Repealing Act. 1927 (12 of 1927).]

SCHEDULE 01: NOTICE OF DEMAND

[SecSection 91] To residing at Take notice that thea[Board] demands from the sum of due from on account of, (here describe the property.-occupation, circumstance or thing in respect of which the sum is payable) leviable under for the period of commencing on the day of 19 , and ending on the day of 19 , and that if, within thirty days from the service of this notice, the said sum is not paid to thea[Board] at or sufficient cause for non-payment is not shown to the satisfaction of the Executive Officer, a warrant ofb [distress*attachment] will be issued for the recovery of the same with costs. Dated this day of 19 (Signed) Executive Officer, Cantonment.c[*Strike out whichever is not applicable.]

SCHEDULE 02: FORM OF WARRANT

[SeeSection 92] (Here insert the name of the officer charged with the execution of the warrant) Whereas A. B. of has not paid, and has not shown satisfactory cause for the non-payment of, the sum of due on account of*for the period of commencing on the day of 19 , and ending with the day of 19 which sum is leviable under And whereas thirty days have elapsed since the service on him of notice of demand for the same; This is to command you toa[distrain**attached], subject to the provisions of the Cantonments Act, 1924, thea[movable**immovable] property of the said A. B. to the amount of the said sum of Rs. and forthwith to certify to me together with this warrant, all particulars of the propertya [seized**attached] by you thereunder. Dated this day of 19 (Signed) Executive Offtcer,*(Here describe the liability) CantonmeMntb[**Strike out whichever is not applicable.]

SCHEDULE 03 :ORM OF INVENTORY OF PROPERTY ISTRAINED AND NOTICE OF SALE

[SeeSection 93] TO residing at Take notice that I have this day seized the property specified in the inventory annexed hereto, for the value of due for the liability*mentioned in the margin for the period commencing with the day of 19 , and ending with the day of 19 , together with Rs. due for service of notice of demand, and that, unless within seven days from the date of the service of this notice you pay to the fBoard] the said amount, together with the costs of recovery, the said property will be sold by public auction. Dated this day of 19 (Signature of officer executing the warrant.) INVENTORY (Here state particulars of property seized.)*(Here describe the liability.]

SCHEDULE 04: CASES IN WHICH POLICE MAY ARREST WITHOUT WARRANT

(SeeSection 250)1 2 Section Subject PART A 118(l)(a)(i) . .Drunkenness, etc. 167 Making or selling of food, etc. or washing of clothes, by infected person. PART B 118(1)(a)(ii) . . .Using threatening or abusive words, etc, 118(l)(a(lii) Indecent exposure of person, etc. 118(1)(a)iv) Begging. 118(l)(a) (v) .Exposing deformity, etc. 118(l)(a)(vii) Gaming. 118 (1)(a(xii) Destroying notice, etc. 118(l)(a)(xiii) Breaking direction post, etc. 118(1)(f) Keeping common gaming-house, etc. 118(1)(g) Beating drum,

etc. lI8(1)(h) Singing, etc. so as to disturb public peace or order. 119(6) Letting loose, or setting on, ferocious dog. 125 Discharging Fire-arms, etc., so as to cause danger. 176(1) Remaihing in or reentering cantonment after notice of expulsion for failure to attend hospital or dispensary 193 (2) Destroying etc., name of street or number affixed to building. 214 . Feeding animal on Filth, etc. 236 Loitering or importuning for sexual immorality. 240(a) Remaining in, or returning to, a cantonment after notice of expulsion.

SCHEDULE 05: APPEALS FROM ORDERS

(Seesection 274)1 2 3 4 5 S. Section Executive Order Appellate Authority Time allowed for No. appeal 1 126 Notice to remove, Officer Commanding-in- Thirty days from repair protect or Chief,the Command or service of notice. enclose a buildi- other authority auth- ng, wall or anyt- orisedin this behalf hing affixed the- by the Central Gover- reto or well,ta- nment. nk, reservoir, pool depression or excavation. 2 134 Notice to fill up Officer Commanding- Thirty days from ser- well, tank,etc.or in Chief, the Comm- vice of notice. to drain off or r- and, or other autho- emove water. rity authorised in this behalf by the Central Government. 3 135 Notice requiring the Board Fifteen days from ser- owner to provide lat- vice of notice. rine, urinal, cess pool, dust-bin or other receptacle. 4 136 Notice requiring pr- Board Fifteen days from ser- ovision of sanitary vice of notice. facilities in market, school, theatre or other place of pub- lic resort. 5 138 Notice for-removal Officer Commanding- Thirty days from ser- of congested buil- in-Chief, the Comm- vice of notice. ding. and Or other author- ity authorised in this behalf by the Central Government. 6 140 Notice requiring a Officer Commanding- Thirty days from ser- building to be rep- in Chief,the Comm- vice of notice. aired or altered so and or other auth- as to remove sanit- ority authorised ary defects. in this behalf by the Central Gover- nment. 7 142 Notice prohibiting Officer Commanding Thirty-one days from owner or occupier in-Chief, the Com- servise of notice. to use a building mand or other aut- or part of.a buil- hority authorised ding for human ha- in this behalf by bitation. the Central Gover- nment. 8 176 Order directing a Officer Commanding Thirty days from ser- perso to remove in Chief, the Com- vice of notice. from the cantonme- mand or other auth- nt and prohibiting ority authorised him from re-enter- in this behalf by ing it without the Central Gover- permission. nment. 9 181 (a) Refusal to sanc- Board. Thirty days from ser- tion the erection vice of notice. or re-erection of a building in a civil area. (b) Refusal to sanc- Officer Commaading- Thirty days from ser- tion the erection in-Chief, the Command vice of communi- or re-erection of or other authority cation a building in a authorised in this be- cantonment (other half by the central Gov- than a civl area). ernment. 10 185 (a) Notice to stop Board. Twenty-one days from erection or re-er- service of notice. ection of or to al- ter or demolish, a building in a civil area. (b) Notice to stop Officer Commanding- Thirty days from ser- erection or re-er- in-Chief, the Comm- vice of notice. ection of, or to and or other autho- alter or demolish rity authorised in a building in a this behalf by the cantonment (other Central Government. than a civil area). 11 187 Notice requiring the Officer Commanding- Thirty days from ser- owner or occupier in-Chief, the Comm- vice of notice. to alter or remove and,or other autho- any projection or rity authorised in encroachment. this behalf by the Central Government. 12 188 Notice to pull down Officer Commanding- Thirty days from ser- or otherwise deal in-Chief, the Comm- vice of notice. with a building newly and,or other autho- erected or rebuilt rity authorised in without permission this behalf by the over a sewer, drain, Central Government. culvert water course or waterpipe. 13 206 Notice prohibiting Officer Commanding- Thirty-one days from ser- or restricting the in-Chief, the Comm- from service of notice. use of a slau" and,or other autho- ghter-house. rity authorised in this behalf by the Central Government. 14 219 Notice requiring Borad. Fifteen days from maintenance or service of notice. closing of private source of public drinking water supply. 15 221 Notice requiring the Board. Fifteen days from owner, lessee or occ- service of notice. upier of a building or land to obtain water from a source of public water supply. 16 224 Notice for cutting Board. Fifteen days from off the connection service of notice. between any source of public watersup- ply and any buildi- ng or land to which water is supplied. 17 238 Notice directing diso- District Magistrate. Thirty days from ser- rderly person to remove vice of notice. from cantonment and prohibiting him from re-entering it without permission.

SCHEDULE 06: ENACTMENTS REPEALED

. [Repealed by the Repeating Act, 1927(12 of 1927)]

CANTONMENT ACCOUNT CODE, 1924

CHAPTER 1 General Principles and Rules Cantonment Fund Accounts Audit of Accounts Cantonment Fund Losses and Remissions Issue of Duplicate Receipts and Vouchers

RULE 01: SHORT TITLE

-1[(1)] These rules may be called the Cantonment Account Code, 1924.

2[(2) They extend to all cantonments in India.]

RULE 02: DEFINITIONS

-In these rules unless there is anything repugnant in the subject or context-

(a)3[* * *]

(b) "the Act" means the Cantonments Act; 1924;

4[(bb) "Controller of Defence Accounts, the demand" means the Controller of Defence having jurisdiction in respect of the concerned;]

(d) "President" means the President of the Cantonment Board;

(e) "treasury" means "a Government treasury or sub-treasury or the Imperial Bank of India or any other bank to which Government treasury business has been entrusted, and includes a banker or person acting as a banker with whom a cantonment fund is deposited underSec. 107(2)of the Act;

(f) "Treasury Officer" includes a banker, or person acting as a banker with whom a cantonment fund is deposited underSec. 107 (2)of the Act.

RULE 03: EFFECT OF CLOSED HOLIDAYS

-Wherever in these rules, any act or proceeding in the office of the Cantonment Board is directed or allowed to be done or taken on a certain day or within a prescribed period, then, if the office is closed on that day or on the last day of the prescribed period, the act or proceeding shall be deemed to be done or taken in due time if it is done or taken on the next day thereafter on which the office is open.

RULE 04: CREDIT OF MONEY RECEIVED

-All money transactions to which any member of a Board, or any officer or servant of a Cantonment Board is a party in his official capacity shall, immediately and without any reservation, be brought to account in the books of the Cantonment Board and all monies received other than monies withdrawn from the treasury to meet current expenditure, shall without delay be paid in full in the treasury, and shall be credited to the appropriate account, and shall not be utilized to meet current expenditure.

RULE 04A: ELIMINATION OF PIES

-Pies shall be omitted from all salary, establishment, and travelling allowance bills and cheques issued on treasuries. All individual items in such cases whether they pertain to salary or allowances of any description, or travelling allowance, or represent deductions or payments of some sort, shall be calculated to the nearest anna, fractions below half an anna being omitted, and half an anna or over being reckoned as one anna.

RULE 04B:

Pies shall ordinarily be eliminated from all receipts, other than receipts of revenue which are fixed by or under the law.

RULE 05: NO UNAUTHORIZED FUND TO BE MAINTAINED

-In no circumstances whatever shall any fund be maintained by the Cantonment Board except the regularly authorized cantonment funds.

RULE 06: SEPARATION OF REVENUE AND ACCOUNT BRANCHES

-Except in the case of cantonment offices specifically exempted from the operation of this rule by the Officer Commanding-in-Chief, the Command, the Revenue and Account branches of every cantonment shall be kept distinct from each other and under separate officials who forthis purpose shall be termed, respectively, the Cashier and the Accountant. All sums due to the Cantonment Board shall be received by the former official, and in no case shall the same person compile the accounts and superintend the collection of taxes and other revenue. No person employed in a treasury shall assist in any way in collecting cantonment revenue, or in posting the cantonment books.

RULE 07: PRESCRIBED REGISTERS AND FORMS TO BE OBSERVED

-No addition to, or modification of, the registers and forms prescribed in this Code shall be made, and no new forms shall be introduced by any Cantonment Board, without the previous sanction of the Central Government. In the matter of details connected with accounts, the Cantonment Board shall be guided by the instructions of the1[Controller of Defence Account Command].

RULE 08: MAINTENANCE OF REGISTERS

-As far as possible all accounts shall be maintained in English. Books of account and registers shall be strongly bound and paged before being brought into use, and, unless otherwise specifically stated, accounts shall not be prepared in loose sheets or in loosely bound volumes. Forms in which receipts for money are granted shall be bound in counterfoil books, each containing 100 consecutively machine numbered and printed forms.

RULE 09: CORRECTIONS IN REGISTERS

-Corrections and alterations in accounts shall be neatly made in red ink (a single line being drawn through the original entry which it is desired to correct) and attested by the dated initials of the Executive Officer or such other officer as the Cantonment Board may direct; or in the case of departmental accounts by the dated initials of the officer in charge. Each correction or alteration in the total of a voucher should be attested by the dated initials of the person signing the receipt; each correction or alteration in the order of

payment must be attested in the same way by the officer ordering the payment.

orrections in an assessment list shall not be made save under the initials of a person authorized under the Act, or the rules made thereunder, to alter the assessment. . Erasures and overwritings shall on no account be made in registers, statements, cheques, vouchers or accounts of any description.

RULE 10: AUDIT OF ACCOUNTS

- (1) The accounts of the cantonment fund2[including General Provident Fund, Contributory Fund and Pension Fund Account] shall be audited by the Accountant-General, and the cost of such audit shall be paid by the Cantonment Board concerned.

(2) The Cantonment Board shall at the time of audit cause to be produced all accounts, registers, documents and subsidiary papers which may be required by the auditor to assist him in his investigations.

RULE 11: OBJECTION STATEMENTS

-The objection statements issued by the auditor in the course of audit shall be returned to him promptly, and in any case before the close of audit, with notes showing the action taken or which it is proposed to take to settle the objections raised, over the signature of the President. The auditor shall return for further action any items on which final or sufficient action has not in his opinion been taken; and shall before leaving bring to the personal notice of the President items which have not been disposed of.

RULE 12: AUDIT NOTE

- (1) The Accountant-General will forward a copy of the audit note with his remarks to the President and the Officer Commanding-in-Chief, the Command, for necessary action.

(2) The audit note should contain the following certificate: "Certified that a copy was kept in my office of the annual account for the year submitted to the Officer Commanding-in-Chief, the Command, with my endorsement No. .................................................................dated ......................................................:......... and that the account has been compared with local records and found correct, subject to the following remarks."

RULE 13: CONSIDERATION OF AUDIT NOTE

- (1) As soon as the audit note has been received in the office of the Cantonment Board, the same shall forthwith be taken into consideration and the President shall convene a meeting of the Board to decide upon the action to be taken in regard thereto. The action so taken shall be indicated on an interleaved copy, or on the margin of the audit note, which shall be sent to the Accountant- General, as promptly as possible and at the latest within three months of the date of receipt of the note. A copy shall at the same time be sent to the Officer Commanding-in-Chief, the Command. A similar annotated copy shall be kept in the office of the Cantonment Board, and shall be placed before the audit officer at his next visit.

(2) In cases where in the opinion of the Accountant-General suitable action has not been taken on the audit report, he shall send the case for orders, to the Officer Commanding-in-chief, the Command, or the Central Government as he thinks fit.

RULE 14: INQUIRY INTO LOSSES

- (1) Whenever any loss of cantonment monies, stores or other property through embezzlement, fraud, theft or other cause is discovered, a preliminary investigation shall forthwith be made into the loss by the Cantonment Board or by some person appointed in this behalf by the Cantonment Board, and the result of such preliminary investigation, if the loss incurred exceeds rupees fifty, shall be reported forthwith by the Cantonment Board to the Officer Commanding-in-Chief, the Command, and to the Accountant-General. The Officer Commanding-in-Chief, the Command, shall, if necessary, arrange with the Accountant-General for an expert examination of accounts in connection with the toss. The Officer Commanding-in-Chief, the Command, shall, if necessary, then, cause the matter to be investigated by a Committee of Inquiry consisting of the Deputy

Director or Deputy Assistant Director, Military Lands and Cantonments of the Command, as President, and two other officers nominated by the Officer Commanding-in-Chief, the Command, who shall arrange for such expert and other evidence as may be required for the purposes of the inquiry. When the matter has been fully inquired into by the Committee of Inquiry, a report shall be submitted to the Accountant-General and the Central Government showing the total sum of money lost, the circumstances in which the loss took place and the steps taken or recommended to recover the money and to punish the offenders, if any. The submission of such report shall not in any case debar the local authorities from taking any action which may be deemed necessary.

(2) Money, the value of stores or other property thus lost, shall not be written off the accounts except with the sanction of the Central Government provided that losses the amount of which does not exceed rupees fifty in any individual case may be written off by a Cantonment Board, and losses exceeding rupees fifty but not exceeding rupees five hundred in any individual case may be written off by the Officer Commanding-in- Chief, the Command.

RULE 14A: IRRECOVERABLE ITEMS OF REVENUE

- (1) Money due in respect of land rent (including house rent), sales of wood, fruits, grass and miscellaneous contracts, which has been ascertained to be irrecoverable shall not be written off the accounts except with the sanction of the Central Government; provided that any such irrecoverable amount which does not exceed rupees two hundred and fifty in any individual case may be written off by the Officer Commanding-in-Chief, the Command.

(2) Licence fees which have been ascertained to be irrecoverable may be written off by the Cantonment Board; provided that where the sum written off in favour of any one person exceeds rupees fifty, the sanction of the Officer Commanding-in-Chief, the Command, shall be first obtained.

RULE 14B: REMISSION OF RENT FOR LAND, ETC

-Remissions of money due in respect of land rent (including house rent), sales of wood, fruits, grass and miscellaneous contracts may, for special reasons, such as, the failure of crops, be sanctioned by the Officer Commanding-in-Chief, the Command up to a limit of rupees one thousand in any individual case, and by the Central Government for any amount exceeding rupees one thousand.

RULE 14C: INFRUCTUOUS EXPENDITURE

-Infructuous expenditure already incurred should be allowed to stand in the accounts but the irregularity in respect thereof should not be condoned or recovery waived except with the sanction of the Central Government, provided that where the amount does not exceed rupees five hundred in any individual case the irregularity may be condoned or recovery waived by the Officer Commanding-in-Chief, the Command.]

RULE 15: ISSUE OF DUPLICATE RECEIPTS AND VOUCHERS

-The Executive Officer or other official shall not issue duplicates or copies of receipts granted for money received, or duplicates or copies of bills or other documents for the payment of money which has already been paid, on the allegation that the originals have been lost. If any necessity arises for such a document, a certificate may be given that on a specified day, a certain sum on a certain account was received from or paid to a certain person. In the case of a bill or deposit repayment voucher passed for payment at a treasury but lost before encashment or payment, the officer who drew the original bill or voucher should ascertain from the treasury that payment has not been made on the original before he issues a duplicate, which should bear distinctly on its face the word "duplicate" written in red ink.

CHAPTER 02: BUDGET ESTIMATES

Preparation and submissionRe-appropriationsInevitable Payments

RULE 16: SUBMISSION OF BUDGET ESTIMATE

- (1) On or before the 1st day of September in each year, the Cantonment Board shall submit to the Officer Commanding- in-Chief, the Command, a budget estimate of the receipts (including grants-in-aid required, if any) to be paid into, and of the expenditure to be incurred from, the cantonment fund for the ensuing financial year.

(2) The budget estimate shall be drawn up in Form No. Cant. 1-B and shall be considered and passed by the Cantonment Board before submission to the OfficerCommanding-in-Chief, the Command.

RULE 17: PREPARATION OF BUDGET ESTIMATE

-The following general rules shall be observed in preparing the budget estimate:

(a) The estimate of income shall be based upon a comparison of the last three years' receipts and, in the case of fixed income, upon the actual demands, inclusive of any arrears due which are likely to be realised. When receipts are rising or falling and the three years' averages are deceptive, a rise or fall, as the case may be, may be provided in the budget estimate, suitable explanatory notes being added for each important variation.

(b) The estimate of expenditure on fixed establishments as well as fixed monthly recurring charges on account of rent, allowances,- etc., shall be made according to the actual sanctioned scale, irrespective of savings, and shall provide for the gross sanctioned pay without deductions of any kind. In the case of progressive salaries, the rates of pay which will be due on the 1st September of the year to which the budget relates shall be adopted.

(c) For contingent expenditure the estimates shall be based upon the average actual expenditure of the past three years, exclusive of any special items of expenditure that may have been incurred during those years.

(d) The budget estimate shall be framed so as to provide for a closing balance of not less than 10 per cent of the estimated expenditure.1[For this purpose any expenditure that is to be met out of special grants- in-aid sanctioned by the Central Government for any specific purpose shall not be taken into account.]

(e) The invested funds of the Cantonment Board shall not be shown in the opening and closing balances; but details thereof according to face value shall be given in Appendix B to the budget estimate.

RULE 17A: DETAILS TO BE SUBMITTED OF CERTAIN PROPOSALS

- (1) No proposals, whether made in the original or revised budget or otherwise, for revision of establishment or for original works shall be sanctioned unless there have been prepared and sanctioned by the Cantonment Board and submitted to the Officer Commanding-in- Chief, the Command, details of the revision of establishment or detailed plans and estimates of the works, as the case may be.

(2) In cases where he considers it necessary, the Officer Commanding-in-Chief, the Command, may, after considering the detailed plans and estimates of original works submitted to him under sub-rule (1) return the said plans and .estimates to the Cantonment Board to be checked by the Military Engineer Services at the expense of the Board.]

RULE 18: SANCTION OF BUDGET ESTIMATE

-The Officer Commanding-in-Chief, the Command, may sanction the budget estimate, provided that, if the budget estimate provides for a grant-in-aid from the Central Government, or if in the opinion of the Officer Commanding-in-Chief, the Command, the budget estimate requires modification for any reason, he shall submit it with his recommendations for the orders of the Central Government.

RULE 19: PAYMENTS FROM CANTONMENT FUND

-No money shall be paid from the cantonment fund unless the expenditure is either:

(a) provided for in the original or revised budget estimate as sanctioned, or

(b) sanctioned by the Officer Commanding-in-Chief, the Command: Provided that in the case of revision of establishment, or of expenditure on original works, no expenditure shall be sanctioned unless detailedproposals or estimates have been prepared and sanctioned by competent authority.

RULE 20: RE-APPROPRIATIONS

- (1) A Cantonment Board shall not incur expenditure for which no provision exists, under any of the heads of the budget estimate, or in excess; of the amount provided under any head, without making provision for the excess by re- appropriation from some other head under which savings-are ascertained or anticipated.

(2) Applications for re-appropriation of funds shall be accompanied by a re- appropriation statement in Form No. Cant.2-B.

RULE 21: SANCTION FOR REAPPROPRIATION

-The Cantonment Board may-

(a) with the previous sanction of the Officer Commanding-in-Chief,the Command, re-appropriate any sum from one major head of the budget estimate to another;

(b) re-appropriate any sum from one minor head of the budget estimate to another minor head under the same major head: Provided that the Cantonment Board may not-

(a) re-appropriate funds allotted for original works without the previous Sanction of the Officer Commanding-in-Chief, the Command, or

(b) utilise for other purposes any portion of a grant-in-aid contribution given for a specific purpose. Explanation.-The following are examples of major and minor heads: Major head-I Rates and Taxes. Minor head-(a) Octroi. Major head-A. General Administration. Minor head-(1) Pay of Executive Officer.

RULE 22: PAYMENT OF MONEY DUE

-The want of provision in the budget estimates or the temporary exhaustion of the budget allotment under any head, shall not operate to prevent payment or refund of any money due by a Cantonment Board, or to prevent record of any actual payment under its proper head of account. Such claims shall be met by re-appropriation or by recasting the budget estimate in accordance with rules 20 and 21. All liabilities shall be liquidated without delay, and in no circumstances shall a liability be allowed to stand over to be paid from the budget grant of the following year, not shall payments or refunds be postponed to the last days of a month or the last month of the financial year.

CHAPTER 03: OFFICE ACCOUNTS

Receipt of money Remittances to Treasury Pass Book Payment of money Cheques Cancellation of Cheques Cash Book Classified Abstract Transfer Entries Annual Account Miscellaneous Advances Scrutiny of Bills

RULE 23: RECEIPTS TO BE ENTERED IN CASH BOOK

-All monies received for credit to the cantonment fund shall be entered in the general cash book, either directly or through a subsidiary register in Form No. Cant. 3-B.

RULE 24: RECEIPTS

- (1) With the exception of grants-in-aid and fines, and other monies for which a special receipt form has been prescribed elsewhere, all monies received in the office of the Cantonment Board from persons other than cantonment officials, shall be acknowledged by a receipt in Form No. Cant 4-B.

(2) The counterfoil of the receipt shall be signed by the cashier, if any, in token of receipt of the money, by the official in charge of the general cash book or subsidiary register in token of entire having been made therein, and by the Executive Officer or such other officer as the Cantonment Board may direct. The receipt shall be signed by the Executive Officer or such other officer as the Cantonment Board may direct, after he has verified that the money received has been correctly recorded in the general cash book or in a subsidiary register.

RULE 25: REMITTANCE BY CANTONMENT OFFICIAL

-A remittance to the office of the Cantonment Board, made by a cantonment official shall, in the ordinary course be accompanied by a duplicate chalan in Form No. Cant. 5-B. The duplicate foil of the chalan shall be returned to the official concerned, and the original, after it has been initialled by the cashier and official in charge of the general cash book, shall be retained as a voucher in the office of the Cantonment Board.

RULE 25A: ACCOUNTS OF WATER TAXES, ETC

-The accounts pertaining to the recovery of water charges underSec. 234of the Act, shall be kept in forms Nos. Cant-31-B and Cant 32-B.

RULE 25B:

Explanation.-In this rule, the term "local banks" means banks (including the Reserve Bank and the Imperial Bank of India) located in the Station in which the Cantonment is situated.]

RULE 26: DAILY REMITTANCE TO TREASURY

-All monies received for credit to the cantonment fund shall be remitted to the treasury daily or, where this is inconvenient, at regular intervals to be fixed by the Cantonment Board. In no circumstances shall the amount left in the custody of the cashier exceed the security furnished by him and all money in hand on the last working day of each month shall be remitted on that day. The money shall be accompanied by (1) a Pass Book (vide rule 28) and (2) a chalan in Form No. Cant. 5-B, in which details of the amount remitted should be entered. The entries in the pass book shall be initialled by the Treasury Officer and the pass book returned to the cantonment office where it should be preserved as a substitute for vouchers in support of the remittance. The chalan shall be retained by the Treasury Officer. The amount shall then be entered in the general cash book under the initials of the Executive Officer or such other officer as the Cantonment Board may direct. In any circumstances in which the balance in hand is temporarily in excess of the cashier's security, the Executive Officer or such other officer as the Cantonment Board may direct, shall make special arrangements for the safe custody of the same.

RULE 27: REMITTANCE TO TREASURY BY CANTONMENT OFFICIAL

-When a remittance is made by an official of the Cantonment Board direct to the treasury forcredit to the cantonment fund, it. shall be accompanied by a chalan in triplicate in Form No. Cant. 5-A-B, of which one foil shall be retained in the treasury, and of the other two foils, which shall be returned duly receipted by the treasury, one shall be retained as his receipt by the official who made the remittance, and the other sent to the cantonment office, where the amount entered therein shall be brought to account in the general cash book.

RULE 28: PASS BOOK

-All sums paid into the treasury on account of the Cantonment Board and all payments made on cheques, shall be entered in a pass book in Form No. Cant. 6-B, which shall be sent with each remittance and on the last working day of the month, to the treasury to be written up. At the close of each month, the entries on each side of the pass book shall be totalled and a balance struck under the signature of the Treasury Officer. If any mistake is detected in the Treasury Pass Book, the Executive Officer shall bring it to the notice of the Treasury Officer who shall correct it under his dated initials. In cases where money is deposited with a bank,1[for deposit either in a current account or in a savings' bank account as the case may be] any periodical statements of accounts sent by the bank shall be maintained as a "loose leaf" pass book and kept in the custody of the Executive Officer or such other officer as the Cantonment Board may direct.

RULE 29: METHOD OF PAYMENT

-Ordinarily payments shall be made by cheque but sums of less than Rs. 20 may be paid from permanent advances, where payment by cheque is not specifically prescribed by these rules.

RULE 30: PAYMENT OF BILLS

- (1) Every item of expenditure shall be entered in a bill in the form prescribed by this Code. Bills and other vouchers presented for payment shall be examined by the Executive Officer or other officer appointed by the Cantonment Board in this behalf, and, if the claim is admissible, the authority good, the signature true and in order, and the receipt a legal quittance he shall make an order to pay on the bill and sign it. The officer making a payment order shall be personally responsible that the bill is complete and affords sufficient information as to the nature of the payment, and that the payee actually receives the sum passed.

(2) After the order to pay has been entered on the bill and passed, the payment shall be made either by cheque drawn in the name of payee or in cash from the permanent advance. In the former case, the requisite entry shall be made in the general cash book and the bill having been stamped "paid by cheque No. , dated " shall be filed. In the latter case the bill having been stamped "paid in cash" shall be retained in the custody of the holder of the permanent advance and the requisite entry shall be made by him in his permanent advance account

(3) Every payment order shall be made on a bill,a note being made on the file concerned referring to the number and date of the bill. A reference shall also be made on the bill to the file to which it appertains.

RULE 31: CHEQUE BOOKS

-(1) Cheques shall be in counterfoil in standardised Central non-Government Institution cheque form and each cheque shall bear a book number and a serial number. The cheque book number and the serial number of each cheque shall be machine-numbers. All cheque forms, with counterfoils, shall be bound in books which shall be kept locked in the personal custody of the drawing officer, who shall notify to the treasury upon which he draws, the number of the cheque book and the number of cheques contained in the book which he from time to time brings into use.

(2) On receipt of a cheque book the drawing officer shall record on it the number of forms it contains. When relieved of his office, he shall lake a receipt for the number ofcheques made over to his successor, and shall send to the treasury a specimen of the relieving officer's signature.

(3) Notwithstanding anything contained inrule 7,rule 27,rule 28or this rule, a Cantonment Board having an account with a bank may use the deposit slips, cheques and forms issued by the bank in lieu of cheques, chalans and pass books in forms prescribed in this Code.

RULE 32: ISSUE OF CHEQUES

- (1) Every cheque shall be signed by the Executive Officer, or in his absence by such other officer as the Cantonment Board may be written order direct: Provided that, in the absence of the Executive Officer or when the Executive Officer, is a military officer- appointed to officiate as an Executive Officer of the Service underrule 33of the Cantonment Executive Officers Service Rules, 1937, cheques for sums in excess of two hundred rupees shall be signed by the President or in his absence, in a class I or a class II cantonment, by the Vice-President.

(2) No cheque shall be signed unless required for immediate delivery to the payee, or be drawn in favour of any other person that the actual payee.

(3) On each cheque an amount slightly in excess of the sum for which the cheque is drawn, shall be written across it at right angles to the type, as a protection against fraud.

Example.-A cross a cheque drawn for Rs. 49-13-0 there shall be written "under rupees fifty".

RULE 33: CURRENCY OF CHEQUES

-No cheque shall be current for more than three months from the date on which it was drawn. After the expiration of that period payment shall be refused at the treasury, and it shall be necessary for the person in whose favour the cheque was drawn to return it. In the event of a cheque being so returned, no fresh cheque shall be issued, but the lapsed cheque shall be re-dated and the alteration initialled by the drawing officer, a note of the fact of re-dating being entered in the general cash book against the original entry. The alteration shall in no way affect the accounts, and no further entries shall be made.

RULE 34: CANCELLATION OF CHEQUES

- (1) A signed cheque when cancelled shall be enfaced or stamped "Cancelled" by the drawing officer and the fact of cancellation shall be noted in red ink, under the initials of the drawing officer, upon the counterfoil, and across the payment order on the bill or voucher. Such cheques shall be preserved under lock and key in the custody of the Executive Officer until the accounts have been audited, when they shall be destroyed by the Auditor, who shall certify to the destruction upon the counterfoil.

(2) When a cheque is cancelled before the general cash book has been closed for the day upon which the cheque issued, the entry in the cash book shall be struck out in red ink under the initials of the Executive Officer. When a cheque is cancelled after the cash book has been closed the amount shall be adjusted in the manner prescribed in rule 38 (c).

RULE 35: LOSS OF CHEQUES

-If a cheque is lost or destroyed, an intimation of the fact shall at once be given to the Treasury Officer, and when it has been ascertained from the pass-book and by enquiry at the treasury office that the cheque has not been cashed, its payment shall be stopped. The loss of the cheque shall be noted on the counterfoil. If a fresh cheque is not issued in place of the lost cheque, the procedure laid down in sub- rule (2) ofrule 34shall be followed. If a new cheque is issued, its number and date shall be quoted against the original entry in the general cash book with the remark that the original cheque has been lost and the following note shall be made on the counterfoil of this cheque: Issued in lieu of cheque No. lost . Dated destroyed.

RULE 36 CASH BOOK

-1[(1)] The general cash book shall be in Form No. Cant. 8-B, and shall be closed and balanced daily and, signed by the Executive Officer or such other officer as the Cantonment Board may direct. At the end of each month the receipts and expenditure entered in the cash book shall be compared item by item with the pass book and the balances agreed, the difference, if any, being explained in a footnote in the general cash book as under: Rs Cash book closing balance ................................... Deduct income (a) not yet credited into the treasury ...... Total . . Add amount of uncashed cheques detailed below (b) Balance as per pass book Details of- (a) .......

(b) .......

2[(2) The Executive Officer shall by a surprise check on at least two days ineach month personally verify the actual cash balance with the balance shown in the general cash book, and record a signed and dated certificate of verification below the last entry in the general cash book.]

RULE 37: CLASSIFIED ABSTRACT

- (1) For the classification of receipts and expenditure, a classified abstract shall be maintained in Form No. Cant. 9-B. The Form shall be kept in two volumes, one for income and one for expenditure. A separate page shall be opened for each item of the budget estimate under which provision has been made, and the receipts and charges appertaining to those items for each day shall be taken, either as they occur or in the aggregate for the day, from the general cash book or from the bills, and entered in the appropriate columns of the abstract. At the end of each month the totals and progressive totals shall be made under each of the heads of the abstract, any transfer entries which may have been made in accordance with these rules being taken into account.

(2) Subject to strict compliance with sub-rule (1), the Cantonment Board, may open in the classified abstract such subsidiary heads of account as will enable it to furnish any special information required by higher authority, and to prove other subsidiary accounts and registers.

RULE 38: OF MAKING TRANSFER ENTRIES

-Transfer entries, namely, entries by means of which an amount is transferred from one head of account to another, shall be made in the following cases:

(a) to correct an error of classification, by deducting an amount from the head to which it has been incorrectly credited or debited, and adding it to the head to which it should have been credited or debited;

(b) to adjust an advance against a bill for expenditure, by adding the amount to the proper head of expenditure and to the head "Advances" on the receipt side;

(c) to adjust a recovery of expenditure, in which case the amount recovered shall first be credited to the receipt head "Miscellaneous-other items" and then adjusted by deduction from that head and from the head of expenditure to which it was originally debited;

(d) to adjust a refund of income made in the year in which the income was originally received, in which case the amount refunded shall first be charged under "Refunds" to the head of expenditure corresponding to the head of receipt to which it was originally credited (or if there be no such head, to "Miscellaneous refunds") and then adjusted monthly by deduction from that head and from the head of receipt. No adjustment is necessary in the case of refunds of income received in a previous year.

RULE 39: FORM OF TRANSFER ENTRY

- (1) Transfer entries shall always be made as soon as the necessity for them is discovered but no such adjustment shall be made in accounts which have been finally closed for the year.

(2) Every transfer entry shall be entered in Form No. Cant. 10-B, showing the head or heads of account to be debited and the head or heads of account to be credited and the grounds upon which the adjustment is made. The entry shall be initialled by the Executive Officer and shall then be entered in the classified abstract of receipts and expenditure in the place provided. Explanation.-In the case of the two heads "Advances" on the receipt side and "Deposits" on the expenditure side, entries under which will be mainly on account of adjustment by addition, the items may be entered in the body of the classified abstract instead of at the foot thereof.

RULE 40: ANNUAL ACCOUNT

- (1) The Cantonment Board shall prepare annually a consolidated account showing the receipts paid into, and payments made from, the cantonment fund, classified under the several major and minor heads contained in the budget estimate.

(2) The total of the details under each head of receipts and payments, as given in the consolidated account, shall agree exactly with the figures appearing against the entry "From 1st April to date" under the same heads in the classified abstract.

(3) A certificate shall accompany the consolidated account to the effect that the closing balance as shown in the account has been compared with the balance as shown in the treasury pass book and found to be correct.

(4) The consolidated account shall be forwarded in duplicate to the Accountant- General who shall compare the two copies and forward one copy to the Officer Commanding-in-Chief, the Command, retaining the other copy in his own office for check by the auditor during audit with a view to furnishing the certificate of correctness prescribed byrule 12 (2).

(5) A copy of the consolidated account shall be posted by the Cantonment Board on the Notice Board of the office of the Cantonment Board.

RULE 41: CONSOLIDATED ANNUAL STATEMENT

-The Officer Commanding-in-Chief, the Command, shall forward to the Central Government, as soon as possible after the close of each financial year, a statement showing under the several major and minor heads of receipt and expenditure in the budget estimates, the actual income and expenditure of each of the cantonment funds in his Command for the preceding financial year, together with a certificate showing that the closing cash balance of each fund, as shown in the annual account prescribed by rule 40, has been compared with the balance as shown in the treasury pass book and has been found to be correct.

RULE 42: MISCELLANEOUS ADVANCES

-All advances other than permanent advances and advances from the provident fund shall be made by the Cantonment Board and entered in a register in Form No. Cant. 11-B. All the advances outstanding at the end of the previous year shall be first entered and thereafter each advance made during the year shall be entered as soon as it is made. The total of the advances made during every month as shown in this register shall be agreed with the corresponding monthly total shown in the classified abstract, and the former shall be initialled by the Executive Officer in token of such agreement. The Executive Officer shall be responsible for the recovery of all such advances and shall bring to the notice of the Cantonment Board any case in which the recovery has not been made in due time. When an advance is recovered in cash, or adjusted by deduction from a bill or by transfer entry, the amount shall be noted against the original advance in the column for the month in which the recovery or adjustment is made. Adjustment by bill shall not be made unless such bill has been accepted and passed. The monthly columns for recoveries shall be totalled at the end of the month and the total shall be agreed with the corresponding credit under "Advances" in the classified abstract of receipts and initialled by the Executive Officer. The register shall be balanced at the end of the year and the outstanding balances carried forward to the next year.

RULE 43: SCRUTINY OF BILLS

- (1) In addition to accounting for all the expenditure incurred, it shall also be the duty of the Executive Officer to see that no charge is paid twice over, and that budget allotments are not exceeded.

(2) To guard against the possibility of double payments and other irregularities and complications in accounts and also in order to keep a watch on liabilities and their adjustment, a personal ledger may be kept by the Cantonment Board in Form No. Cant. 12-B, for persons with whom business is continuously carried on or a running account is kept.

(3) When work is done for private persons for which payments have to be made to the person doing the work and recoveries are made from the persons for whom the work is done, separate accounts shall be kept in the personal ledger for the person doing the work and for the person for whom the work is done and cross references given.

CHAPTER 04: ESTABLISHMENT AND CONTINGENT CHARGES

Scale Register Revision of establishment Distribution of pay Provident Fund Contingent

Charges Permanent Advance

RULE 44: SCALE REGISTER

- (1) The entire establishment of the Cantonment Board shall be recorded under the signature of the Executive Officer, in a scale register in Form No. Cant. 13-B. For the purposes of pay and audit, establishments which are charged under different major heads of the budget estimates shall be treated as distinct establishments and shall be distributed into "sections," a separate page being allotted to each section in the scale register. The "sections" in the register shall exactly correspond with those in the pay bill.

(2) Temporary establishment shall be recorded separately from the permanent establishment at the end of the space allotted for the latter, the period for which the temporary establishment has been sanctioned being distinctly specified in the column of remarks. Explanation.-By temporary establishment is meant establishment which is employed and paid by the month. Daily labour is not included in the term temporary establishment and is a contingent and not an establishment charge.

(3) All other fixed recurring charges, e.g., rents, contributions, etc., shall be recorded in a separate page of the scale register.

RULE 45: PROPOSALS FOR REVISION OF ESTABLISHMENT

-When any change, permanent or temporary is proposed in the number, or pay, of appointments in the establishment of the Cantonment Board, a letter fully explaining the proposals and the conditions which have given rise to them shall, save in the case of the appointment of temporary servants underrule 9 of the Cantonment Fund Servants Rules, 1937, be submitted to the Officer Commanding-in-Chief, the Command. In this letter should be set out-

(i) the present cost, either of the "section" or "sections" affected, or of the total establishment, as the circumstances of the case may indicate to be necessary;

(ii) the cost of the revision;

(iii) details of the number and pay of the appointments which it is proposed to add or modify;

(iv) the ability of the Cantonment Board to meet the additional expenditure from its normal income; and

(v) the date or dates from which the proposed changes are to take effect.

RULE 46: PROPOSITION STATEMENT

- ( 1) In cases of general revision of establishment, or of proposals which cannot be set out clearly otherwise, a proposition statement in duplicate in Form No. Cant. 14-B showing clearly the financial effect of the proposed change shall also be submitted.

(2) If the change would affect only a section or a portion of the establishment, the proposition statement shall ordinarily be confined to the section or the portion of the establishment affected by the proposals.

RULE 47: SANCTION FOR REVISION OF ESTABLISHMENT

-On receipt of the proposals for permanent or temporary changes in the establishments the Officer Commanding-in- Chief, the Command, may sanction or refuse to sanction any such revision or may sanction it with such modifications as he may consider fit. The statement of revision shall then be returned to the Cantonment Board as early as possible with the sanction or modification, and shall be filed for reference at the time of audit.

RULE 48: PAY BILLS

- (1) The pay of the establishment of a Cantonment Board shall not be drawn or paid before the first working day of the month succeeding that by the labour of which it has been earned or on such other day after the first working day of the month as the Cantonment Board may direct. In cases of dismissal, transfer, resignation or death pay shall be drawn and disbursed immediately after it becomes due.

(2) The pay of the entire permanent establishment of the Cantonment Board shall be drawn on one monthly pay bill in Form No. Cant 15-B; the names of incumbents on less than Rs. 10 may be omitted from the pay bill.

(3) When pay is drawn for a portion of a month only, the rate at which and the number of days for which, it is drawn, shall be entered in column 1 under the name of the incumbent. Pay, officiating pay and leave salary, whether drawn or not, shall be entered in columns 3 to 6. Pay, officiating pay and leave salary not drawn but held over for future payment shall be entered in column 7, the reason for their being held over being briefly noted. When the amount is subsequently drawn on a supplementary bill, reference to the drawal shall be given in the original bill from which the charge was withheld in order to prevent a second claim being entertained. The establishment of each section shall be grouped, marked off by a line and totalled separately in red ink.

(4) Arrear pay shall not be drawn in the ordinary monthly bill, but in a separate bill, the amount claimed for each month being entered separately with quotation of the bill from which the charge was omitted or withheld or on which it was refunded by deduction, or of any special order granting with retrospective effect a new allowance, Such bills may be paid at any time and may include as many items as are necessary.

(5) The pay of all temporary establishments shall be billed for separately in the same form, the sanction being quoted.

(6) Officials absent on leave or deputation or under suspension shall be clearly shown as such in the monthly pay bills and any officiating arrangements that may have been made shall be noted.

(7) Fines shall not be recovered in cash from the pay of establishments, but shall be entered in column 8 of the pay bill.

(8) The pay of daily labourers shall be drawn on muster rolls.

RULE 49: PRODUCTION OF LAST PAY CERTIFICATE BY OFFICIAL TRANSFERRED TO THE CANTONMENT BOARD

-In the case of officials transferred to the service of the Cantonment Board from Government service or service under another local authority and drawing pay for the first time from the Cantonment Board; payment shall be made only on production of a last pay certificate.

RULE 50: SEPARATE CHEQUE FOR THE AMOUNT PAYABLE TO THE PROVIDENT FUND

-Two cheques shall be drawn in payment of a pay bill, one in favour of the President or Executive Officer for the net amount payable (column 12) and the other in favour of the Imperial Bank of India or the Postmaster for the subscriptions and contributions to the Provident Fund (total of columns 11 and 14). Note.-(i) Income-tax should be credited to Government in accordance with local practice. A cheque for the amount may be drawn in favour of the Income-tax Officer or his nominee, or the amount may be included in the cheque for the pay drawn for the establishment and the cheque endorsed "Pay by transfer credit to Government on account of income-tax Rs.................................................................................". Note.-(ii) Care should be taken to see that the amount in column 14 representing the contributions to the Provident Fund by the Cantonment Board is posted in the classified abstract under the sub-head "Contribution to Provident Fund" the remainder of the bill taken to the head for the pay of the establishment concerned.

RULE 51: DISTRIBUTION OF PAY

- (1) When the pay bill has been drawn, the money shall be promptly disbursed to the payees concerned and their signatures taken in the proper column of the bill, which shall be stamped, if necessary, by the payee. If the payee does not present himself before the end of the month, his pay shall be refunded by short-drawal on the next bill and redrawn when he presents himself.

(2) The Officer signing a pay bill is personally responsible for all pay and leave salaries drawn thereon until the same have been paid to the proper recipients and the latter have signed acquittance for the same. When the recipient is illiterate his thumb impression or seal shall be taken.

RULE 52: ACQUITTANCE ROLL

-If in any case it is impracticable to obtain the payee's receipt on the bill itself, and in the case of employees on less than Rs 10 whose names may have been omitted from the pay bill, a separate acquittance roll in the following form may be obtained and attached to the bill, a remark to this effect being made in column 13 of the bill. Acquittance roll of................................establishment for............................... Name Post Pay Deduclions Net as per amount Signature bill paid of payee RS.P. RS.P. RS.P.

RULE 53: SUBSCRIPTIONS TO PROVIDENT FUND

-In the case of employees permitted to subscribe to the1[Contributory Provident Fund or General Provident Fund as provided in Part III and Part IV of the Cantonment Fund Servants Rules, 1937] the amounts subscribed by employees and contributed by the Cantonment Board, (including sanctioned bonuses if any) shall be noted in the appropriate columns of the pay bill, and shall be paid into the2 [Saving Bank Account of the State Bank of India or any of its subsidiaries or any other Nationalised Banks] or Post Office Savings Bank, whenever Possible, between the 1st and 4th of each month so that interest may accrue. The Provident Fund may be invested in Government securities in accordance with the Post Office Savings Bank rules, or in Government of India loans,3[or in fixed deposits with the State Bank of India or any of its subsidiaries or with any other Nationalised Bank].3{Explanation.-For the purposes of this rule Nationalised Bank, means acorresponding New Bank defined in the Banking Companies (Acquisition, Transfer of Undertakings) Act, 1970 (5 of 1970).]

RULE 54:

Provident Fund ledger.-

2[(2)] For subscribers to the Provident Fund, a Provident Fund ledger in Form No. Cant. 16-B and broadsheet in Form No. Cant. 17-B shall be maintained and written up in accordance with the following provisions:

(1) Amounts credited or debited to the Provident Fund shall, on the same day, be posted in the provident fund ledger, the credit side of which shall tally with the entries in the pay bill.

(2) The entries in column 7 of the ledger shall, except in the case provided by Cl. (5), be made once a year only.

(3) As soon as possible after the close of the month, the minimum balance at the credit of the account between the close of the 4th day and the end of the month, shall be entered in column 14 of the ledger and carried into the broadsheet.

(4) At the close of the financial year the columns of the broadsheet shall be totalled, and the amount of interest earned on the entire amount of the sums deposited during the year to the credit of the Cantonment Board, less any amount already entered during the year under Cl. (5), shall be distributed among the individual accounts proportionately to the sums of each column (disregarding fractions of a rupee) of the broadsheet.

(5) When an account is paid, transferred, or closed during the currency of a year, the payment of interest for broken periods shall be calculated at the rate prevailing for Post Office Savings Bank Deposits. The amount of interest calculated shall be entered in column 7 of the ledger against the account concerned and in the appropriate place in the broadsheet, before payment is made.

RULE 55: DEAD ACCOUNTS

-When an account is written off under the Cantonment Fund Rules as a dead account, it shall be closed in the provident fund ledger, and the money shall be drawn out of the Savings Bank and credited in the general cash book as a miscellaneous receipt. If the amount is subsequently claimed, the fact of payment shall be noted against the entry in each account-book to avoid a double payment.

RULE 56: REGISTER OF ADVANCES

-The recovery of advances made from the Provident Fund shall be watched through a register in the same form as, but kept separate and distinct from, the Register of Advances (Form No. Cant. 11-B). The entries of repayment in this register shall be made from the pay bills. The instalments of the advance as recovered shall be noted in column 11 of the pay bill and added to the monthly subscription shown therein, a note being made in the remarks column of both the bill and the ledger to show how much is on account of recovery of advance and how much on account of the monthly subscription.

RULE 57: CONTINGENT CHARGES

-(1) All miscellaneous charges for which forms have not been prescribed elsewhere in these rules, shall be drawn in a contingent bill in Form No. Cant. 18-B unless the claimant presents his own bill or statement of account, in which case payment shall be made on that document.

(2) In the case of travelling allowance the following details shall be furnished in the bill:

(a) Name and designation of the officer.

(b) Maximum pay of the appointment.

(d) Route from and to.

(e) Purpose of journey.

(f) By rail or otherwise, etc.

(g) If by road, the number of miles.

RULE 58: HOLDER OF A PERMANENT ADVANCE

-An Executive Officer or any official whose duties cause him to incur petty expenses which must be paid before money can be drawn on a contingent bill may, with the sanction of the Cantonment Board, be allowed a permanent advance of an amount fixed on the supposition that recoupments will be made at least once a month. All permanent advances shall be recorded in a register in Form No. Cant. 19-B.

RULE 59: ACKNOWLEDGEMENT OF A PERMANENT ADVANCE

-Each holder of a permanent advance shall on first receiving it and thereafter on the 1st of April in each year, sign an acknowledgement in these terms- "I acknowledge to have in my possession a permanent advance of Rs..................... which sum is due from and to be accounted for by me." On transfer of charge of an office a similar acknowledgement for the full amount shall be signed by the relievingofficer and shall be filed.

RULE 60: PERMANENT ADVANCE ACCOUNT

-Each officer holding a permanent advance shall keep up a permanent advance account in Form No. Cant. 20-B, in which shall be entered the items of expenditure from the advance as they occur. All sub- vouchers and receipts shall be preserved and assigned a serial number to be entered in the advance account. The headings of the columns shall follow the items in the budget estimates and the serial number of the sub-vouchers shall always recommence with No. 1 after each recoupment.

RULE 61: RECOUPMENT OF PERMANENT ADVANCE

-(1) When the cash in hand is running low, and at the end of the financial year, whatever the amount in hand may then be, the permanent advance shall be recouped as follows: A red line shall be ruled across the page of the permanent advance account, the total of the items cast, and a contingent bill prepared in Form No. Cant. 18-B, in which full details of expenditure shall be given. The contingent bill shall be supported by vouchers. The officer responsible for the permanent advance shall compare the contingent bill with his permanent advance account, initial the grand total in the latter, and having stamped the sub-vouchers as "cancelled" sign the contingent bill, and submit it to the cantonment office for payment. The recoupment of expenditure from the last recoupment to dale, shall always be made in full so that the amount in hand will he the full amount of the advance.

(2) In the case of recoupment of the permanent advance held by the Executive Officer or any other official authorised to hold it the disbursement certificates and payment order may be recorded in the permanent advance account register itself and a contingent bill need not be prepared.

CHAPTER 04A: PENSION ACCOUNTS

RULE 61A:

(1)Pension fund accounts shall be maintained in forms 28-B (investments from the Pension Fund), Cantonment 34-B (Pension Statement), 35 -B (Pension Scroll) and 36-B (Pension Fund Account).

(2) By the 15th of every month, the Accountant shall prepare a reconciliation statement tallying the balance in the Pension Fund Account (Cantt. 36-B) and Pension Fund Investment Account (Cantt 28-B) with those of bank accounts. Post Offices or other accounts. For discrepancy if any, the reconciliation statement shall be verifiedand certified to be correct by the Executive Officer before the close of the month.

CHAPTER 05: PUBLIC WORKS, STORES AND STOCK ACCOUNTS

Public Works Measurement Book Bills Completion Report Estimate for Stores Register of lmmoveable Property Register of Moveable PropertyStock BooksLightingVerification of Properly

RULE 62: APPLICATION OF RULES

- (1)Rules 63,64,65and66apply only to works executed by the Cantonment Board through its own agency.

(2) The duties prescribed inrules 63,64and65shall, save as otherwise provided, be performed by the Executive Officer or by such official of the Cantonment Board as the Cantonment Board may by special or general order proscribe.

RULE 63: REGISTER OF WORKS

-An account of all works shall be kept in a register of works in Form No. Cant. 21-B, to be maintained in the cantonment office. Columns 1-6 shall be filled in after the estimate has been sanctioned by lhc competent sanctioning authority. The estimate shall be in the following form: Estimate number .................... Date .................... Particulars. (including lime to be taken, materials, etc.) ____________________________- Measurements Quntities Details Number Rate Per Cost Remarks of De- works I. R IL tails. Totals Rs P.

RULE 64: MEASUREMENT BOOK

- (1) All works done (whether by contract, or by piece) and all materials received which have to be counted or measured shall be measured by the overseer or other official deputed for the duty of taking measurements and the measurements shall be entered in a measurement book in Form No. Cant. 22-B, under his dated initials. Entries may be in pencil except the figures for "contents" shich shall be in ink.

(2) The measurements so recorded shall be checked by the official in charge of the work and the book initialled and dated by him. The calculations in the measurement book shall be checked in die office.

(3) From the measurement book all quantities shall be clearly traceable in the bill, and when a bill is passed a diagonal line in red ink shall be drawn across the connected entries in the measurement book, and a reference quoted therein to the number and date of the bill.

(4) The measurement books shall be machine numbered by the Cantonment Board when they are taken into stock.Thier pages shall be similarly machine numbered. The books when completed shall be filed in the cantonment office where their return shall be watched through the stock book of forms.

RULE 65: CONTRACTORS' BILLS

- (1) Contractors' bills shall be submitted and paid monthly, final bills being marked clearly as such. Before payment the bill shall be compared with the plans and estimates1[,* * *,] and checked with the measurement book by the official in charge of the work, who shall then countersign it and pay it from his permanent advance or pass it for payment to the cantonment office.

(2) The page of the measurement book shall be noted on the bill at the time it is passed, ami the serial number in the register of works shall be similarly noted at the time the bill is entered in such register.

(3) In the case of work carried out by daily labour, a muster roll in Form No. Cant. 23-B, shall be maintained by the official in charge of the work, and shall be written up daily by the Overseer or official deputed for the purpose.

RULE 66: COMPLETION REPORT

-Final payment for a work shall not be made until a completion report has been made by the official appointed by the Cantonment Board in this behalf that the work has been satisfactorily carried out in accordance with the sanctioned plans and estimates' material variations, if any, being explained.

RULE 67: STORES ESTIMATE

-The Cantonment Board shall cause to be prepared for each department, e.g., public works, conservancy, lighting, etc., anestimate in the following form for the stores required during the ensuing financial-year: Description Balance in Number or Number or Estimated Remarks of stores hand on quantity quantity to cost (date) required be purchased This estimate shall be accompanied by a statement showing how the estimated requirements have been arrived at.

RULE 68: CONSIDERATION OF ESTIMATE

- (1) The estimate shall be considered by the Cantonment Board along with the budget and orders shall be passed thereon as to whether tenders are to be invited for the supply, or whether the stores are to be purchased in the open market at rates approved by the Cantonment Board.

(2) When the annual estimate has been passed by the Cantonment Board, the Executive Officer or any official authorised by the Cantonment Board in this behalf may obtain stores as required from time to time up to the amount in the sanctioned estimate at the rates in the accepted tender, or the rates approved by the Cantonment Board, as the case may be.

RULE 69: SUPPLEMENTARY ESTIMATE

-If any stores are required which are not included in the sanctioned estimate or in excess of the amount or quantity entered therein, or which cannot be obtained at the rates approved of by the Cantonment Board, a supplementary estimate shall be submitted for the special sanction of the Cantonment Board provided that in cases of emergency the President of a Cantonment Board may sanction such estimate and lay it before the Board for approval at the next meeting.

RULE 70: REGISTER OF IMMOVEABLE PROPERTY

-A list of immoveable property belonging to the Cantonment Board shall be maintained by the Cantonment Board in a register in Form No. Cant. 24-B. The original cost of the property or a valuation made by the Cantonment Board, as well as the cost of any additions made to it from time to time or any decrease in value shall be noted in this register. If the property is rented out or sold, a note to this effect shall be made in the remarks column under the dated initials of the Executive Officer.

RULE 71: REGISTER OF MOVEABLE PROPERTY

-All moveable property of a permanent or durable nature, such as, engines or machines, conservancy and road, watering carts and animals, lamps, lamp-posts, lawn-mowers, meters, furniture, etc., shall be recorded in a register of moveable property in Form No. Cant. 25-B, under the initials of the Executive Officer or such other official as the Cantonment Board may direct, or, in the case of departments under the direct supervision of a separate official, under the initials of that official. When the property is disposed of finally by sale or otherwise, the particulars of disposal shall be entered in columns 8-12 under the initials of the Executive Officer or official, as the case may be, who shall be responsible that the register is a complete record of such moveable property belonging to the Cantonment Board as is required to be shown therein.

RULE 72: STOCK BOOKS

- (1) -For expendable stores, such as, public works and workshop stores, fodder, gram, disinfectants, oils, chimneys, spare parts, etc., stock books shall be kept by the officials in charge of the departments of stores, in Form No. Cant. 26-B, in which a separate page or pages, according to requirements, shall be allotted to each kind of store.

(2) When any articles are sold to the public or used on works done for private persons, the entry in column 7 of the stock book shall clearly indicate to whom the things have been sold or on what particular work they have been sold or on what particular work they have been used, and necessary references shall be given in the remarks column to admit of the recovery or adjustment of the cost being traced to the appropriate account.

(3) The stock books shall be closed monthly and the balances verified by the officer who keeps the books, and the fact of verification with the date noted under his initials in the column of remarks.

(4) All expendable stores in hand shall be revalued within the market rates at the end of each halfyear.

RULE 73: CHECKING OF BOOKS WITH STOCK BOOKS AND REGISTERS BEFORE PAYMENT

-Before a bill is passed for payment the officer passing the payment order shall see that the articles billed for have been entered in the appropriate stock book or the property register, as the case may be, and that a reference to the entry in the register is quoted in the bill.

RULE 74: LIGHTING SCALE

-To enable the Cantonment Board to exercise a check upon the quantity of oil consumed, a scale shall be prepared, showing the quantity of oil consumed in a given time by lamps of the different patterns in use in the cantonment. A copy of the sanctioned scale shall be kept in each oil godown. The Executive Officer or official in charge of lighting shall periodically check the consumption of oil by comparison with this scale.

RULE 75: VERIFICATION OF PROPERTY

-The whole of the moveable property of the Cantonment Board as recorded in the stock books or register of moveable property shall be verified by the Executive Officer at such intervals, not exceeding one year, as the Cantonment Board may prescribe. The verifying officer shall initial the entries in the registers, and furnish a separate certificate indicating the results of his verification.

CHAPTER 06: MISCELLANEOUS

Register of LoansRegister of InvestmentsRegister of DepositsAnnual verification of SecuritiesStatement of dues realized by CourtsStamp AccountRegister of Fees for Motor-Vehicle Parking LicencesFiling of VouchersIndent for FormsStocks of FormsCustody of ValuablesMinimum Balance.

RULE 76: REGISTER OF LOANS

-All loans received by the Cantonment Board shall be recorded in a register of loans in Form No. Cant. 27-B, each instalment of the loan, as it is taken, being recorded in column 4. Each entry in the register shall be attested by the Executive Officer. A separate page shall be opened for each loan; and loans from Government shall be kept distinct from loans received from other sources.

RULE 77: REGISTER OF INVESTMENTS

-A record of all investments shall be maintained in a register of investments in Form No. Cant. 28-B. Each entry therein shall be attested by the Executive Officer. Government securities shall be kept distinct from other investments.

RULE 78: REGISTER OF DEPOSITS

.- (1) All deposits made with a Cantonment Board, otherwise than in cash, e.g.. Government paper, or other .stock, or security bonds, shall be recorded in a security deposit register in Form No. Cant. 29-B. In the case of bonds, if property is hypothecated, a brief description of the property shall be given in the remarks column, and the heading of column 10 shall be changed to "name of depositor".

(2) Deposits in cash shall be noted in a Register of Deposits in Form No. Cant. 11-B. Separate sets of pages shall be set aside for each class of deposit, and each part of the register shall open with the details of the outstanding balances of the previous year as shown in the register of that year. The deposits received during the year shall then be in the proper part as each transaction occurs. At the end of the month a total of the deposits received during it shall be made and the total reconciled with the corresponding figure in the monthly classified abstract and initialled by the Executive Officer. Repayments in cash or by transfer shall be noted against the original credit in the column for the month in which the refund is made and a total of the postings shall be made at the end of the month and agreed with the corresponding figure in the classified abstract. Unclaimed deposits, which under rule have not already been transferred to the credit of the cantonment fund, shall on the expiry of three years be so transferred by transfer entry in the manner described inrule 38 (a). A deposit once credited to the cantonment fund shall not be repaid without the sanction of the Cantonment Board.

RULE 79: ANNUAL VERIFICATION OF SECURITIES

-Securities shall be examined and verified by the 1st of April of each year, and a certificate of verification shall be given by the Executive Officer in the remarks column of the register against each entry therein.

RULE 80: STATEMENT OF DUES REALIZED BY COURTS

-Courts realizing fines, which under any law in force are creditable to the cantonment fund, or arrears of a cantonment tax, shall submit to the Cantonment Board, a monthly statement of the sums remitted by them direct into the treasury for credit to the cantonment fund. Sums so received shall be brought to account direct from the pass-book into the general cash book, before the latter is closed for the month: provided that, on the receipt of the monthly statement, the entries therein shall be checked with the passbook and any discrepancy reconciled before any entry is made in the general cash book. If a refund is ordered, a note of the refund shall be made against the original credit entry in the monthly statement concerned before payment of the refund is made.

RULE 81: STAMP ACCOUNT

-In order to enable a check to be kept upon the number of stamps expended by each department using stamps upon the business of the Cantonment Board, a stamp register shall be maintained in Form No. Cant. 30-B. This register shall be used primarily for postage stamps, but also for receipt or other stamps, separate pages being allotted for each description, and columns 5 and 6 being modified as required. The balance of stamps in hand shall be verified once a month by the official in charge of the department, who shall make a note of the verification in the remarks column under his signature. This register will also serve the purpose of a despatch register.

RULE 81A: REGISTER OF FEES FOR MOTOR MOTOR--VEHICLE PARKING LICENCES

- A register shall be maintained in Form No. Cant.33-B, of all licences for parking motor- vehicles granted, and of all fees for such licences recovered, underrule 39[read withrule 47 (c)] of the Cantonment Land Administration Rules, 1937

RULE 82: FILING OF VOUCHERS

-Vouchers and chalans shall be numbered serially for each month and shall be filed with the subvouchers in support of them in guard files in the cantonment office. Acquittance rolls may be filed separately in the cantonment office.

RULE 83: INDENTS FOR FORMS

-The Cantonment Board shall obtain all forms with the exception of the cheque books, prescribed by these rules or by other rules under the Act from the Manager of the Forms Press, Calcutta. On or about the 1st November in each year an indent in a form to be obtained from the said Manager shall be sent to that officer for the forms likely to be required during the following financial year. The cost of the forms supplied shall be paid immediately on receipt of advice from the Manager of the amount due. The cheque books shall be obtained, on payment, similarly from the treasury.

RULE 84: STOCKS OF FORMS

- (1) An account of all forms shall be kept in the stock book (Form No. Cant. 26-B.) in the Cantonment office. In the case of forms in which receipts for money received are granted, the entry in columns 4 and 8 shall clearly indicate the printed book or other number of the books received and issued. The books shall be issued in serial order and a new book shall not be issued until all forms in the book it replaces have been used and the book with the counterfoils returned, a note of the return being made in the remarks column under the dated initials of the issuing official.

(2) The balance of forms in stock shall be verified periodically by the Executive Officer.

(3) Vouchers, registers and other forms shall not be eliminated or destroyed otherwise than in accordance with the general rules regulating the retention or destruction of cantonment accounts records centained in the First Schedule to these rules.

RULE 85: CUSTODY OF VALUABLES

-Government promissory notes and similar valuables belonging to the Cantonment Board shall be kept in the treasury in a strong- box, the keys of which shall remain with such person as the Cantonment Board may direct.

RULE 86: MINIMUM BALANCE

--The actual yearly cash balance of the Cantonment Board not including invested funds, shall not be less than one-tenth of its estimated expenditure2[(excluding expenditure for which special grants-in-aid have been sanctioned by the Central Government)] except with the previous consent of the Officer Commanding-in-Chief, the Command: Provided that the Officer Commanding-in-Chief, the Command, shall not give his consent unless he is satisfied that the Cantonment Board will not require a grant-in-aid to bring the cash balance to the proper level in the following year.]

RULE 87: REPEAL

-Any rules corresponding to these rules in force in any part of India are hereby rescinded: Provided that anything done or any action taken under such rules shall be deemed to have been done or taken under the corresponding provisions of these rules.]

SCHEDULE 01: SCHEDULE

I [Seerule 84 (3)] Rules regulating the destruction of cantonment accounts records Class I. - Shall be retained permanently: (1) General Cash Book (Form No. Cant. 8-B). (2) Provident Fund Ledger (Form No. Cant. 16-B). (3) Register of lmmoveable Property (Form No. Cant. 24-B). (4) Annual Accounts (rule 40). (5) Register of Loans (Form No. Cant. 27-B). (6) Register of Investments (Form No. Cant. 28- B).(7) Security Deposit Register (Form No. Cant. 29-B).1[(8) Pension Fund Account (Form No. Cant. 36-B)]. (9) Such other records as the Cantonment Board may decide to be of permanent interest. Class II.-Shall not be destroyed until thirty-five years after conclusion of audit: (1) Pay bills of employees in receipt of pay of less than Rs. 20 per mensem.1[(2) Pension statement (Form No. Cant. 34-B).] Class III.-Shall not be destroyed until ten years after conclusion of audit; (1) Vernacular registers of which there are English counterparts or abstracts which are retained permanently. (2) Assessment lists. (3) Registers in the nature of Demand and Collection registers. (4) Scale register (Form No. Cant. 13-B). (5) Cash books other than the General Cash book. (6) Register of moveable property (Form No. Cant. 25- B). (7) Register of permanent advances (Form No. Cant. 19-B).1[(8) Pension Scroll (Form No. Cant. 35- B).] Class IV. -Shall not be destroyed until six years after conclusion of audit: (1) Acquittance rolls of employees in receipt of pay of less than Rs. 20 per mensem and those of other employees as well as pay bills of all employees for whom service books are maintained. Class V.-Shall not be destroyed until five years after conclusion of audit: (1) Subsidiary cash register (Form No. Cant. 3-B). (2) Classified abstract (Form No. Cant. 9-B). . (3) Personal ledger (Form No. Cant. 12-B). (4) Register of works (Form No. Cant. 21-B). (5) Measurement book (Form No. Cant. 22-B). (6) Register of advances or deposits (Form No. Cant. 11-B). Class VI.-Shall not be destroyed until three years after conclusion of audit: All records other than those mentioned in Classes I to V.

Central Bare Acts

Cantonments Act, 1924 Complete Act - Bare Act