Cantonments (House-accommodation) Act, 1923 Chapter I - Bare Act |
| State | Central Government |
| Year | 1923 |
| Section Title | Preliminary |
(1) This Act may be called The Cantonments (House-Accommodation) Act, 1923.
(2) It extends to 1 [the whole of India] 2 [**] 3 [* * *] 4 [* *].
(3) It shall come into force on the first day of April, 1923, but it shall not become operative in any cantonment or part of a cantonment until the issue, or otherwise than in pursuance, of a notification as hereinafter provided by section 3 :
Provided that any notification made under section 3 of the Cantonments (House Accommodation) Act, 1902, which is in force at the commencement of this Act, shall be deemed to be a notification made under section 3 of this Act.
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1. Substituted for words "all the Provinces of India", by A. L. O. 1950.
2. Words "except Part B States" were omitted by the Cantonment Laws (Extension and Amdt.) Act, 1950 (53 of 1950), Section 2 (18-8-1950).
3. Brackets and words "(inclusive of British Baluchistan)", were omitted by A. C. A. O., 1948.
4. Words "except Aden" repealed by A. L. O. 1937.
(1) In this Act, unless there is anything repugnant in the subject or context,-
(a) "Brigade area" means one of the Brigade areas, whether occupied by a brigade or not, into which India is for military purposes for the time being divided, and includes any area which the 1 [Central Government] may, by notification in the 1 [Official Gazette], declare to be a Brigade area for all or any of the purposes of this Act;
2 [(b) "Cantonment Board" means a Cantonment Board constituted under the Cantonments Act, 1924;]
(c) 'Command' means one of the Commands into which India is for military purposes for the time being divided, and includes any area which the 1 [Central Government] may, by notification in the 1 [Official Gazette,] declare to be a Command for all or any of the purposes of this Act;
(d) 3 ["Officer Commanding the station"] means the officer for the time being in command of the forces in a cantonment 4 [or, if that officer is the Officer Commanding the District, the military officer who would be in command of those forces in the absence of the Officer Commanding the District].
(e) "District" means one of the Districts into which India is for military purposes for the time being divided; it includes a Brigade area which does not form part of any such District and any area which the 1 [Central Government] may, by notification in the 1 [Official Gazette], declare to be a District for all or any of the purposes of this Act;
(f) "house" means a house suitable for occupation by a military officer or a military mess, and includes the land and buildings appurtenant to a house;
(g) "military officer" means a commissioned or warrant officer of 5 [the Indian] military or air forces on military or air force duty in a cantonment, 6 [* * * *], 7 [an officer of the Cantonments Department] and any person in Army departmental employment whom the Officer Commanding the District may at any time, by an order in writing, place on the same footing as a military officer for the purposes of this Act;
(h) "owner" includes the person who is receiving, or is entitled to receive, the rent of a house, whether on his own account or on behalf of himself and others or as an agent or trustee, or who would so receive the rent, or be entitled to receive it, if the house were let to a tenant; and
(1) a house is said to be in a state of reasonable repair when-
(i) all floors, walls, pillars and arches are sound and all roofs sound and watertight,(ii) all doors and windows are intact, properly painted or oiled and provided with proper locks or bolts or other secure fastenings, and
(iii) all rooms, out-houses and other appurtenant buildings are properly colour-washed or whitewashed.
(2) If any question arises whether any land or building is appurtenant to a house, it shall be decided by the 3 [Officer Commanding the station] whose decision thereon shall, subject to revision by the 8 [Collector], be final.
9 [(3) In the application of this Act to 10 [the territories which immediately before the 1st November 1956, were comprised in any Part B State], any reference to an enactment not in force in 11 [those territories] shall be construed as a reference to the corresponding law in force in 11 [those territories].]
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1. Substituted for certain words by A. L. O. 1937.
2. This clause originally lettered as (bb) inserted by Act 10 of 1925, Section 2, was relettered (b) by Act 9 of 1930, Section 2. Original clause (b) was repealed by Act 9 of 1930, Section 2.
3. Substituted for the words "Commanding Officer of the Cantonment", by Act 10 of 1925, Section. 6.
4. Inserted by Act 9 of 1930, Section 2.
5. Substituted for the words "His Majesty's by A. L. O., 1950.
6. Words "and includes a chaplain on duty with troops in a Cantonment" omitted by A. L. O., 1950.
7. Substituted for the words "a Cantonment Magistrate", by Act 10 of 1925, Section 2.
8. Substituted for the words "District Magistrate", by Act 9 of 1930, Section 2.
9. Added by Act 53 of 1950, Section 3 (18-8-1950).
10. Substituted for the words "any Part B State" by 3 A. L. O., 1956.
11. Substituted for the words "that State", by 3 A. L. O., 1956.