THE CANTONMENTS ACT, 2006 
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ARRANGEMENT OF SECTIONS 
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CHAPTER I 

PRELIMINARY 

SECTIONS 

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

CHAPTER II 

DEFINITION AND DELIMITAITON OF CONTONMENT 

3.  Definition of cantonments. 
4.  Alteration of limits of cantonments. 
5.  The effect of including area in cantonment. 
6.  Disposal of cantonment fund and cantonment development fund when area ceases to be a 

cantonment. 

7.  Disposal of cantonment fund and cantonment development fund when area ceases to be included 

in a cantonment. 

8.  Application of funds and property transferred under sections 6 and 7. 
9.  Limitation of operation of Act. 

CHAPTER III 

CANTONMENT BOARDS 

Boards 

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

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Elections 

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

Members 

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

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

Employees 

Procedure 

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

Control 

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

otherwise. 

59.  Power of Central Government on a reference made under section 56. 
60.  Supersession of Board. 

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61.  Validity of proceedings, etc. 

Validity of proceedings 

CHAPTER IV 

DUTIES AND DISCRETIONARY FUNCTIONS OF BOARDS 

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

CHAPTER V 

TAXES AND FEES 

Imposition of taxation 

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

Assessment list 

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

Remission and refund 

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

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

Charge on immovable property 

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Octroi, terminal tax and toll 

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

Appeals 

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

Payment and recovery of taxes 

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

Special provisions relating to taxation, etc. 

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

CHAPTER VI 

CANTONMENT FUND AND PROPERTY 

Cantonment fund and cantonment development fund 

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

122. Property. 

Property 

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

CHAPTER VII 

CONTRACTS 

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

CHAPTER VIII 

SANITATION AND THE PREVENTION AND TREATMENT OF DISEASE 

Sanitary authorities 

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

Conservancy and sanitation 

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

Burial and burning grounds 

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

Prevention of infectious, contagious or communicable diseases 

155. Obligation concerning infectious, contagious o communicable diseases. 
156. Blood Bank. 

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SECTIONS 

157. Special measures in case of outbreak of infectious or epidemic diseases. 
158. Power to require names of a dairyman‟s customers. 
159. Power to require names of a washerman‟s customers. 
160. Power to require names of patients or customers of a medical practitioner or paramedical 

workers. 

161. Report after inspection of dairy or washerman or medical practitioner‟s place of business. 
162. Action on report submitted by Health Officer. 
163. Examination of milk, washed clothes or needles, syringes, etc. 
164. Contamination of public conveyance. 
165. Disinfection of public conveyance. 
166. Penalty for failure to report. 
167. Driver of conveyance not bound to carry person suffering from infectious or contagious disease. 
168. Disinfection of building or articles therein. 
169. Destruction of infectious hut or shed. 
170. Temporary shelter for inmates of disinfected or destroyed buildings or shed. 
171. Disinfection of building before letting the same. 
172. Disposal of infected article without disinfection. 
173. Means of disinfection. 
174. Marking or selling of food, etc., or washing clothes by infected person. 
175. Power to restrict or prohibit sale of food or drink. 
176. Control over wells, tanks, etc. 
177. Disposal of infectious corpse. 

Hospitals and dispensaries 

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

184. Routes for pilgrims and others. 

Control of traffic for hygienic purposes 

Special conditious regarding essential services 

185. Conditions of service of Safai Karamcharis and others. 

CHAPTER IX 

WATER-SUPPLY, DRAINAGE AND SEWAGE COLLECTION 

Water-supply 

186. Maintenance of water-supply. 
187. Terms of water-supply. 
188. Board to carry out survey and formulate proposals. 
189. Control over sources of public water-supply. 
190. Power to require maintenance or closing of private source of public drinking water-supply. 
191. Supply of water. 
192. Power to require water-supply to be taken. 
193. Supply of water under agreement. 

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194. Board not liable for failure of supply. 
195. Conditions of universal application. 
196. Supply to persons outside cantonment. 
197. Penalty. 

Water, drainage and other connections 

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

Application of this Chapter to Government water-supplies 

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

Miscellaneous 

221. Connection with water works and drains not to be made without permission. 
222. Buildings, railways and private streets not to be erected or constructed over drains or water 

works without permission. 

223. Rights or user of property for aqueducts, lines, etc. 
224. Power of owner of premises to place pipes and drains through land belonging to other persons. 
225. Power to require railway level, etc., to be raised or lowered. 
226. Power to execute work after giving notice to the person liable. 
227. Power to affix shafts, etc., for ventilation of drain or cesspool. 
228. Power to examine and test drains, etc., believed to be defective. 
229. Bulk delivery of sewage by the Board. 
230. Employment of Government agencies for repair, etc. 
231. Works to be done by licensed plumber. 
232. Prohibition of certain acts. 

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CHAPTER X 

TOWN PLANNING AND CONTROL OVER BUILDING, ETC. 

SECTIONS 

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

Streets 

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

CHAPTER XI 

MARKET, SLAUGHTER-HOUSES, TRADES AND OCCUPATIONS 

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

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SECTIONS 

Trades and occupations 

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

General provisions 

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

283. Powers of entry and seizure. 

Entry, inspection and seizure 

284. Import of cattle and flesh. 

Import of cattle and flesh 

CHAPTER XII 

SPIRITUOUS LIQUORS AND INTROXICATING DRUGS 

285. Unauthorised sale of spirituous liquor or intoxicating drug. 
286. Unauthorised possession of spirituous liquor. 
287. Arrest of persons and seizure and confiscation of things for offences against the two last 

foregoing sections. 

288. Saving of articles sold or supplied for medicinal purposes. 

CHAPTER XII 

PUBLIC SAFETY AND SUPRESSION OF NUISANCES 

General Nuisances 

289. Penalty for causing nuisances. 

290. Registration and control of dogs. 

291. Traffic rule of the road. 

Dogs 

Traffic 

Prevention of fire, etc. 

292. Use of inflammable materials for buildings purposes. 
293. Stacking or collecting inflammable materials. 
294. Care of naked lights. 

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SECTIONS 

295. Regulation of cinematographic and dramatic performances. 
296. Discharging fire-works, fire-arms, etc. 
297. Power to require buildings, wells, etc., to be rendered safe. 
298. Enclosure of wasteland used for improper purposes. 

REMOVAL AND EXCLUSION FROM CANTONMNETS AND SUPPRESSION OF SEXUAL IMMORALITY 

CHAPTER XIV 

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

CHAPTER XV 

POWERS, PROCEDURES, PENALTIES AND APPEALS 

Entry and inspection 

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

Powers and duties of police officers 

314. Arrest without warrant. 
315. Duties of police officers. 

Notices 

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

Recovery of Money 

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

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SECTIONS 

Committees of Arbitration 

325. Application for a Committee of Arbitration.  
326. Procedure for convening Committee of Arbitration. 
327. Constitution of the Committee of Arbitration. 
328. No person to be nominated who has direct interest or whose services are not immediately 

available. 

329. Meetings and powers of Committee or Arbitration. 
330. Decisions of Committee of Arbitration. 

331. Prosecutions. 
332. Composition of offence. 

Prosecutions 

General Penalty Provisions 

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

337. Limitation for prosecution. 

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

Limitation 

Suits 

Appeals and Revision 

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

CHAPTER XVI 

RULES AND BYE-LAWS 

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

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CHAPTER XVII 

SUPPLEMENTAL PROVISIONS 

SECTIONS 

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

SCHEDULE I. 

SCHEDULE II. 

SCHEDULE III. 

SCHEDULE IV. 

SCHEDULE V. 

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THE CANTONMENTS ACT, 2006 

ACT NO. 41 OF 2006 

An Act  to  consolidate and amend the law relating to  the administration  of cantonments  with  a 
view  to  impart  greater  democratisation,  improvement  of  their  financial  base  to  make 
provisions  for  developmental  activities  and  for  matters  connected  therewith  or  incidental 
thereto.  

BE it enacted by Parliament in the Fifty-seventh Year of the Republic of India as follows:— 

[13th September, 2006.] 

CHAPTER I 

PRELIMINARY 

1. Short title, extent and commencement.—(1) This Act may be called the Cantonments Act, 2006. 

(2) It extends to the whole of India. 
(3)  It  shall  come  into  force  on  such  date1  as  the  Central  Government  may,  by  notification  in  the 
Official  Gazette, appoint, and  different  dates  may  be  appointed  for  different  provisions of this  Act and 
any reference in any provision to the commencement of this Act shall be construed as a reference to the 
coming into force of that provision. 

2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,— 

(a)  “Assistant  Health  Officer”  means  the  medical  officer  appointed  by  the  General  Officer 

Commanding-in-Chief, the Command, to be the Assistant Health Officer for a cantonment; 

(b) “Board” means a Cantonment Board constituted under this Act; 

(c) “boundary wall” means a wall which abuts on a street and which does not exceed two and a 

half metres in height; 

(d)  “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 wall other than a boundary wall but does not include a tent or other portable and temporary 
shelter; 

(e) “casual election” means an election held to fill a casual vacancy; 

(f) “casual vacancy” means a vacancy occurring otherwise than by efflux of time in the office of 
an elected member of a Board and includes a vacancy in such office, arising under sub-section (2) of 
section 16;  

(g)  “Chief  Executive  Officer”  means  the  person  appointed  under  this  Act  to  be  the  Chief 

Executive Officer of a cantonment; 

(h)  “civil  area”  means  an  area  declared  to  be  a  civil  area  by  the  Central  Government  under               

sub-section (1) of section 46; 

(i) “civil area committee” means a committee appointed under section 47; 

(j)  “Command”  means  one  of  the  Commands  into  which  India  is  for  military  purposes  for  the 
time being divided, and includes any area which the Central Government may, by notification in the 
Official Gazette, declare to be a Command for all or any of the purposes of this Act; 

(k) “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 the 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; 

1.  18th  December,  2006,  vide  notification  No.  S.R.O.  15(E),  dated  18th  December,  2006,  see  Gazette  of  India, 

Extraordinary, Part II, sec. 3(i). 

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(l) “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 supplier of milk and 
any occupier of a dairy; 

(m) “dangerous disease” means cholera, leprosy, enteric fever, smallpox, tuberculosis, diphtheria, 
plague, influenza, venereal disease, hepatitis, Acquired Immune Deficiency Syndrome and any other 
epidemic,  endemic,  infectious  or  communicable  disease  which  the  Board  may  by  public  notice, 
declare to be, an infectious, contagious or communicable disease for the purposes of this Act; 

(n)  “Defence  Estates  Circle”  means  one  of  the  circles  into  which  India  is,  for  the  purposes  of 
defence  estates  management,  for  the  time  being  divided,  and  includes  any  area  which  the  Central 
Government may, by notification in the Official Gazette, declare to be a Defence Estates Circle for all 
or any of the purposes of this Act; 

(o) “Defence Estates Officer” means the officer appointed by the Central Government to perform 

the duties of the Defence Estates Officer for the purpose of this Act and the rules made thereunder; 

(p) “Director General” means an officer of the Indian Defence Estates Service (IDES) appointed 
by  the  Central  Government  to  perform  the  duties  of  the  Director  General,  Defence  Estates  for  the 
purpose of this Act and includes Senior Additional Director General and Additional Director General; 

(q) “Director” means the officer appointed by the Central Government to perform the duties of 
the  Director,  Defence  Estates,  the  Command,  for  the  purposes  of  this  Act  and  the  rules  made 
thereunder; 

(r) “entitled consumer” means a person in a cantonment who is paid from the Defence Service 
Estimates and is authorised by general or special order of the 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; 

(s)  “Executive  Engineer”  means  the  officer  of  the  Military  Engineer  Services  of  that  grade, 
having charge of the military works in a cantonment 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; 

(t)  “factory”  means  a  factory  as  defined  in  clause  (m)  of  section  2  of  the  Factories  Act,  1948               

(63 of 1948); 

(u)  “Forces”  means  the  regular  Army,  Navy  and  Air  Force  or  any  part  of  any  one  or  more  of 

them; 

(v)  “General  Officer  Commanding-in-Chief,  the  Command  (GOC-in-C,  Command)”  means  the 

Officer Commanding any of the Commands; 

(w)  “General  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; 

(x) “Group Housing” means a group of houses for dwelling purposes and may comprise all or any 

of  the  following:  namely,  (a)  a  dwelling  unit,  (b)  open  spaces  intended  for  recreation  and            
ventilation,  (c)  roads,  paths,  sewers,  drains,  water  supply  and  ancillary  installations,  street  lighting 
and other amenities, (d) convenient shopping place, schools, community hall or other amenities for 
common use; 

(y) “Government” in relation to this Act means the Central Government; 

(z) “Health Officer” means the senior executive medical officer in military employ on duty in a 

cantonment; 

(za) “hospital” includes family welfare centre, child welfare centre, maternity centre and health 

centre; 

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(zb) “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; 

 (zc) “inhabitant”, in relation to a cantonment, or local area means any person ordinarily residing 
or carrying on business or owning or occupying immovable property therein, or declared as such by 
the Chief Executive Officer and in case of a dispute, as decided by the District Magistrate; 

(zd)  “intoxicating  drug”  includes  a  narcotic  drug  and  psychotropic  substance  as  defined  in  the 

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985) as modified from time to time;  

(ze)  “market”  includes  any  place  where  persons  assemble  for  the  sale  of,  or  for  the  purpose  of 
exposing  for  sales,  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 concourse 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; 

 (zf) “military” includes Air Force, Navy and other defence related establishments;  

(zg) “military officer” means a person who, being an officer within the meaning of the Army Act, 
1950  (46  of  1950),  the  Navy  Act,  1957  (62  of  1957)  or  the  Air  Force  Act,  1950  (45  of  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 arm, branch or part of any of those forces;  

(zh)  “nuisance”  includes  any  act,  omission,  place,  animal  or  thing  which  causes  or  is  likely  to 
cause injury, danger, annoyance or offence to the sense of sight, smell or hearing or disturbance to 
rest or sleep, or which is or may be dangerous to life or injurious to health or property; 

(zi)  “occupier” includes an owner in occupation of, or otherwise using his own land or building; 

 (zj) “Officer Commanding the station or Station Commander” means the military officer for the 
time  being  in  command  of  the  forces  in a  cantonment  and  if  such  officer is  likely  to  be  absent  for 
more than thirty days, the General Officer Commanding-in-Chief, the Command may nominate, by 
an order, another military officer as “Officer Commanding the station or Station Commander”; 

 (zk)  “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; 

 (zl)  “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;  

(zm) “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; 

 (zn) “Principal Director” means the Officer appointed by the Central Government to perform the 
duties of the Principal Director, Defence Estates, the Command for the purpose of this Act and the 
rules made thereunder;  

(zo) “private market” means a market which is not maintained by a Board and which is licensed 

by a Board under the provisions of this Act;  

(zp) “private slaughter-house” means a slaughter-house which is not maintained by a Board and 

which is licensed by a Board under the provisions of this Act; 

 (zq) “public market” means a market maintained by a Board; 

 (zr)  “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 not; 

 (zs) “public slaughter-house” means a slaughter-house maintained by a Board; 

15 

 
 
 (zt) “resident”, in relation to a cantonment, means a person who maintains therein a house or a 
portion of a house which is at all times available for occupation by himself or his family even though 
he may himself reside elsewhere, provided that he has not abandoned all intention of again occupying 
such house either by himself or his family;  

(zu) “regulation” means a regulation made by a Cantonment Board under this Act by notification 

in the Official Gazette; 

 (zv) “rule” means a rule made by the Central Government under this Act by notification in the 

Official Gazette;  

(zw) “shed” means a slight or temporary structure for shade or shelter;  

(zx)  “slaughter-house”  means  any  place  ordinarily  used  for  the  slaughter  of  animals  for  the 

purpose of selling the flesh thereof for human consumption;  

(zy) “soldier” means any person who is a soldier or sailor or an airman subject to the Army Act, 
1950 (46 of 1950), the Navy Act, 1957 (62 of 1957) or the Air Force Act, 1950 (45 of 1950), as the 
case may be, and who is not a military officer;  

(zz) “spirituous liquor” means any fermented liquor, any wine, or any alcoholic liquid obtained by 
distillation or the sap of any kind of palm tree, and includes any other liquid containing alcohol which 
the Central Government may, by notification in the Official Gazette, declare to be a spirituous liquor 
for the purposes of this Act; 

 (zza)  “street”  includes  any  way,  road,  lane,  square,  court,  alley  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;  

(zzb) “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; 

(zzc)  “trade  or  commercial  premises”  means  any  premises  used  or  intended  to  be  used  for 

carrying on any trade, commerce or industry;  

(zzd) “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, 
handcart, truck, motor-cycle, bicycle, tricycle and rickshaw;  

(zze) “water-works” includes all lakes, tanks, streams, cisterns, springs, pumps, wells, reservoirs, 
aqueducts,  water-trucks,  sluices  mains,  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; and 

(zzf) “year” means the year commencing on the first day of April. 

CHAPTER II 

DEFINITION AND DELIMITATION OF CANTONMENT 

3.  Definition  of  cantonments.—(1)  The  Central  Government  may,  by  notification  in  the  Official 
Gazette, declare any place or places along with boundaries in which any part of the Forces is quartered or 
which, being in the vicinity of any such place or places, is or are required for the service of such forces to 
be a cantonment for the purposes of this Act and of all other enactments for the time being in force, and 
may, by a like notification, declare that any cantonment shall cease to be a cantonment.  

(2) The Central Government may, by a like notification, define the limits of any cantonment for the 

aforesaid purposes. 

(3)  When  any  place  is  declared  a  cantonment  under  sub-section  (1),  the  Central  Government  shall 

constitute a Board within a period of one year in accordance with the provisions of this Act:  

Provided that the Central Government may, for the reasons to be recorded in writing, extend the said 

period of one year for a further period of six months at a time: 

16 

 
 
Provided  further  that  the  Central  Government  may,  until  a  Board  is  constituted,  by  order  make 

necessary provisions for the efficient administration of the cantonment. 

(4)  The  Central  Government  may,  by  notification  in  the  Official  Gazette,  direct  that  in  any  place 

declared  a  cantonment  under  sub-section  (1)  the  provisions  of  any  enactment  relating  to  local               
self-government other than this Act shall have effect only to such extent or subject to such modifications, 
or that any authority constituted under any such enactment shall exercise authority only to such extent, as 
may be specified in the notification. 

4. Alteration of limits of cantonments.—(1) The Central Government may after consulting the State 
Government  and  the  Board  concerned,  by  notification  in  the  Official  Gazette,  declare  its  intention  to 
include  within  the  cantonment  any  local  area  situated  in  the  vicinity  thereof  or  to  exclude  from  the 
cantonment any local area comprised therein. 

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

(3) On the expiry of eight weeks from the date of the notification, the Central Government may after 
considering the objections, if any, which have been submitted under sub-section (2), by notification in the 
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. 

 5. The effect of including area in cantonment.—When, by a notification under section 4, any local 
area is included in a cantonment, such area shall there upon 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.  

6.  Disposal  of  cantonment  fund  and  cantonment  development  fund  when  area  ceases  to  be  a 
cantonment.—(1) When, by  a  notification  under  section 3,  any  cantonment  ceases to  be  a  cantonment 
and  the  local  area  comprised  therein  is  immediately  placed  under  the  control  of  a  local  authority,  the 
balance  of the  cantonment  fund  or  the  cantonment  development  fund  and  other  property  vesting  in  the 
Board shall vest in such local authority, and the liabilities of the 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 or the cantonment development fund and other property vesting in the Board shall vest in the Central 
Government, and the liabilities of the Board shall be transferred to that Government.  

7.  Disposal  of  cantonment  fund  and  cantonment  development  fund  when  area  ceases  to  be 
included in a cantonment.—(1) When, by a notification under section 4, any local area forming part of a 
cantonment  ceases  to  be  under  the  control  of  a  particular  Board  and  is  immediately  placed  under  the 
control of some other local authority, such portion of the cantonment fund or the cantonment development 
fund and other property vesting in the Board and such portion of the liabilities of the Board, as the 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 particular Board and is not immediately placed under the control of some other local authority; such 
portion  of  the  cantonment  fund  or  the  cantonment  development  fund  and  other  property  vesting  in  the 
Board  shall  vest  in  the  Central  Government,  and  such  portion  of  the  liabilities  of  the  Board  shall  be 
transferred to that Government, as the Central Government may, by general or special order, direct. 

8. Application of funds and property transferred under sections 6 and 7.—Any cantonment fund 
or a cantonment development fund or a portion thereof or other property of a Board vesting in the Central 
Government under the provisions of section 6 or section 7 shall be applied in the first place to satisfy any 
liabilities of the Board transferred under such provisions to that Government, and in the second place for 

17 

 
 
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.  

9.  Limitation  of  operation  of  Act.—The  Central  Government  may,  by  notification  in  the  Official 
Gazette,  exclude  from  the  operation  of  any  part  of  this  Act  the  whole  or  any  part  of  a  cantonment,  or 
direct that any provision of this Act shall, in the case of any cantonment— 

(a) situated within the limits of a metropolitan area; or 

 (b) in which the Board is superseded under section 60, apply with such modification as may be 

so specified. 

CHAPTER III 

CANTONMENT BOARDS 

Boards 

10. Cantonment Board.—(1) For every cantonment there shall be a Cantonment Board.  

(2)  Every  Board  shall  be  deemed  to  be  a  municipality  under  clause  (e)  of  article  243P  of  the 

Constitution for the purposes of— 

(a) receiving grants and allocations; or  

(b)  implementing  the  Central  Government  schemes  of  social  welfare,  public  health,  hygiene, 

safety, water supply, sanitation, urban renewal and education. 

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

12.  Constitution  of  Cantonment  Boards.—Cantonments  shall  be  divided  into  four  categories, 

namely:— 

(i) Category I Cantonments, in which the population exceeds fifty thousand;  

(ii) Category II Cantonments, in which the population exceeds ten thousand, but does not exceed 

fifty thousand;  

(iii) Category III Cantonments, in which the population exceeds two thousand five hundred, but 

does not exceed ten thousand; and  

(iv)  Category  IV  Cantonments,  in  which  the  population  does  not  exceed  two  thousand  five 

hundred.  

(2) For the purposes of sub-section (1), the population shall be calculated in accordance with the latest 
official census, or, if the Central Government, by general or special order, so directs, in accordance with a 
special census taken for the purpose. 

(3) In Category I Cantonments, the Board shall consist of the following members, namely:— 

(a) the Officer Commanding the station as ex officio or, if the Central Government so directs in 
respect  of  any  cantonment,  such  other  military  officer  as  may  be  nominated  in  his  place  by  the 
General Officer Commanding-in-Chief, the Command;  

(b) the District Magistrate or an Executive Magistrate not below the rank of Additional District 

Magistrate nominated by him; 

(c) the Chief Executive Officer;  

(d) the Health Officer ex officio;  

(e) the Executive Engineer ex officio; 

(f) three military officers nominated by name by the Officer Commanding the station by order in 

writing; 

18 

 
 
(g) eight members elected under this Act.  

(4) In Category II Cantonments, the Board shall consist of the following members, namely:— 

(a) the Officer Commanding the station as ex officio or, if the Central Government so directs in 
respect  of  any  cantonment,  such  other  military  officer  as  may  be  nominated  in  his  place  by  the 
General Officer Commanding-in-Chief, the Command; 

(b) the District Magistrate or an Executive Magistrate not below the rank of Additional District 

Magistrate nominated by him;  

(c) the Chief Executive Officer;  

(d) the Health Officer ex officio;  

(e) the Executive Engineer ex officio; 

(f) two military officers nominated by name by the Officer Commanding the station by order in 

writing; 

(g) seven members elected under this Act.  

(5) In Category III Cantonments, the Board shall consist of the following members, namely:— 

(a) the Officer Commanding the station as ex officio or, if the Central Government so directs in 
respect  of  any  cantonment,  such  other  military  officer,  as  may  be  nominated  in  his  place  by  the 
General Officer Commanding-in-Chief, the Command;  

(b) the District Magistrate or an Executive Magistrate nominated by him;  

(c) the Chief Executive Officer;  

(d) the Health Officer ex officio;  

(e) the Executive Engineer ex officio; 

(f)  one  military  officer  nominated  by  name  by  the  Officer  Commanding  the  station  by  order in 

writing; 

(g) six members elected under this Act.  

(6) In Category IV Cantonments, the Board shall consist of the following members, namely:— 

(a)  the  Officer  Commanding  the  station  ex  officio  or,  if  the  Central  Government  so  directs  in 
respect  of  any  cantonment,  such  other  military  officer  as  may  be  nominated  in  his  place  by  the 
General Officer Commanding-in-Chief, the Command;  

(b) the Chief Executive Officer;  

(c) two members elected under this Act.  

(7) The Officer Commanding the station may, if he thinks fit, with the sanction of the General Officer 
Commanding-in-Chief, the Command, nominate in place of any military officer whom he is empowered 
to  nominate  under  clause  (f)  of  sub-section  (3),  clause  (f)  of  sub-section  (4)  or  clause  (f)  of                          
sub-section (5), any person, whether in the service of the Government or not, who is ordinarily resident in 
the cantonment or in the vicinity thereof.  

(8)  Every  election  or  nomination  of  a  member  of  a  Board  and  every  vacancy  in  the  elected 

membership thereof shall be notified by the Central Government in the Official Gazette;  

(9)  The  Member  of  Parliament  and  Member  of  Legislative  Assembly  representing  constituencies 
which comprises wholly or partly the cantonment area, shall be special invitees for the meetings of the 
Board but without a right to vote. 

13. Power to vary constitution of Boards in special circumstances.—(1) Notwithstanding anything 

contained in section 12, if the Central Government is satisfied,— 

(a) that by reason of military operations, it is necessary, or  

19 

 
 
(b) that, for the administration of the cantonment, it is desirable, to vary the constitution of the 
Board  in  any  cantonment  under  this  section,  the  Central  Government  may,  by  notification  in  the 
Official Gazette, make a declaration to that effect.  

(2) Upon the making of a declaration under sub-section (1), the Board in the cantonment shall consist 

of the following members, namely:— 

(a) the Officer Commanding the station,  

(b) the Chief Executive Officer, and  

(c) one member, not being a person in the service of the Government, nominated by the Central 

Government in consultation with the General Officer Commanding-in-Chief, the Command.  

(3)  The  nomination  of  a  member  of  a  Board  constituted  under  this  section,  and  the  vacancy  in  the 

membership thereof shall be notified by the Central Government in the Official Gazette.  

(4)  The  term  of  office  of  a  Board  constituted  by  a  declaration  under  sub-section  (1)  shall  not 

ordinarily extend beyond one year:  

Provided that the Central Government may from time to time, by a like declaration, extend the term 

of office of such a Board by any period not exceeding one year at a time: 

Provided  also  that  the  Central  Government  shall  forthwith  direct  that  the  term  of  office  of  such  a 
Board  shall  cease  if,  in  the  opinion  of  the  Central  Government,  the  reasons  stated  in  the  declaration 
whereby such Board was constituted or its term of office was extended, have ceased to exist.  

(5) When the term of office of a Board constituted under this section has expired or ceased, the Board 

shall  be  replaced  by  the  former  Board  which,  but  for  the  declaration  under  sub-section  (1)  or                         
sub-section (4), would have continued to hold office, or, if the term of office of such former Board has 
expired, by a Board constituted under section 12. 

14. Term of office of members.—(1) Save as otherwise provided in this section, the term of office of 

a member of a Board shall be five years and shall commence— 

 (a)  in  case  of  an  elected  member,  from  the  date  of  notification  of  his  election  under                           

sub-section  (8)  of  section  12,  or  from  the  date  on  which  the  vacancy  has  occurred  to  which  he  is 
elected, whichever is later; and  

(b)  in  case  of  a  nominated  member,  from  the  date  of  nomination  under  clauses  (b)  and  (f)  of              

sub-section  (3),  clauses  (b)  and  (f)  of  sub-section  (4)  and  clauses  (b)  and  (f)  of  sub-section  (5)  of 
section 12, or the date of vacancy under clause (b) of sub-section (1) of section 18, whichever is later, 
and the member so nominated shall be able to take part in the proceedings of the Board: 

 Provided  that  the  Central  Government  may,  when  satisfied  that  it  is  necessary  in  order  to  avoid 
administrative difficulty, extend the term of office of all the elected members of a Board by such period 
not exceeding one year, as it thinks fit:  

Provided further that a member whose term of office has been so extended, shall cease to hold office 

on the date of the notification of the election of his successor under sub-section (8) of section 12. 

 (2)  The  term  of  office  of  an  ex  officio  member  of  a  Board  shall  continue  so  long  as  he  holds  the 

office by virtue of which he is such a member.  

(3) The term of office of a member elected to fill a casual vacancy shall commence from the date of 
the notification of his election, and shall continue so long only as the member in whose place he is elected 
would have been entitled to hold office if the vacancy had not occurred. 

(4) An outgoing member shall, unless the Central Government otherwise directs, continue in office 
until the election of his successor is notified under sub-section (8) of section 12 or the nomination of his 
successor, as the case may be. 

 (5) Any outgoing member may, if qualified, be re-elected or re-nominated.  

20 

 
 
15. Filling of vacancies.—(1) Vacancies arising by efflux of time in the office of an elected member 
of a Board shall be filled by an ordinary election to be held on such date as the Central Government may, 
by notification in the Official Gazette, direct. 

 (2)  A  casual  vacancy  shall  be  filled  by  a  casual  election  the  date  of  which  shall  be  fixed  by  the 
Central  Government  by  notification  in  the  Official  Gazette,  and  shall  be,  as  soon  as  may  be,  after  the 
occurrence of the vacancy:  

Provided  that  no  casual election  shall  be  held to  fill a  vacancy  occurring  within  six  months  of any 
date  on  which  the  vacancy  will  occur  by  efflux  of  time,  but  such  vacancy  shall  be  filled  at  the  next 
ordinary election.  

 16. Vacancies in special cases.—(1) If for any cause at an election no member is elected, or if the 

elected member is unwelling to serve on the Board, fresh election shall be held to fill up such vacancy.  

(2) If a person is elected to more than one seat in a Board, then, unless he resigns all but one of the 
seats within fourteen days from the date on which he is declared elected, or where the dates on which he 
is declared elected are different in respect of different seats, from the last of such dates, all the seats shall 
become vacant.  

(3)  Vacancies  arising  in  any  of  the  following  cases  shall  be  filled  by  nomination  by  the  Central 
Government after consultation with the General Officer Commanding-in-Chief, the Command, namely:— 

(a) where at a casual election no member is elected; 

(b)  where  at  an  election  held  when  a  Board  is  constituted  for  the  first  time  no  member  or  an 

insufficient number of members is elected or an elected member is unwilling to serve on the Board.  

(4)  For  the  purposes  of  sub-section  (2)  of  section  15,  a  member  nominated  in  pursuance  of                       

sub-section  (3)  of  this  section  shall  where  there  has  been  a  division  of  the  cantonment  into  wards,  be 
deemed  to  have  been  elected  by  such  ward  as  the  Central  Government  may  at  the  time  of  making  the 
nomination or at any time thereafter declare.  

(5) The term of office of a member nominated under this section shall expire at the time at which it 

would have expired if he had been elected at the casual election.  

17.  Oath  or  affirmation.—Every  person  who  is  by  virtue  of  his  office,  or  who  is  nominated  or 
elected to be, a member of the Board shall, before taking his seat, make and subscribe at a meeting of the 
Board  an  oath  or  affirmation  of  his  allegiance  to  the  Constitution  of  India  in  the  following  form, 
namely:— 

“I, A.B., having   been elected 

become 

been nominated 

a member of this Board, do 

 swear in the name of God 
  solemnly affirm  
India  as  by  law  established  and  that  I  will  faithfully  discharge  the  duty  upon  which  I  am 
about to enter. 

    that I will bear true faith and allegiance to the Constitution of  

18. Resignation.—(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  acceptance  and 
notification  to  the  Central  Government  under  intimation  to  the  General  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 General Officer Commanding-in-Chief, the Command 
for orders.  

(2)  If  the  Central  Government  or  the  General  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. 

21 

 
 
 
 
 
 
 (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 (2) of section 16 
shall take effect when such resignation is received by the President of the Board.  

19.  President  and  Vice-President.—(1)  The  Officer  commanding  the  station  if  a  member  of  the 

Board shall be the President of the Board: 

Provided  that  when  a  military  officer  holding  the  office  of  the  President  ceases  to  be  the  Officer 
commanding  the  station  merely  by  reason  of  a  temporary  absence  from  the  station  for  a  period  not 
exceeding thirty consecutive days, he shall not vacate the office of President.  

(2)  Where  the  Officer  commanding  the  station  is  not  a  member  of  the  Board,  the  military  officer 

nominated  in  his  place  under  clause  (a)  of  sub-section  (3),  sub-section  (4),  sub-section  (5)  or                  
sub-section (6) of section 12 shall be the President of the Board.  

(3) In every Board except in case of a Board falling under Category IV Cantonment there shall be a 
Vice-President  elected  by  the  elected  members  only  from  amongst  them  in  accordance  with  such 
procedure as the Central Government may by rule prescribe. 

 (4) In case of a Board falling under Category IV Cantonment, the Vice-President shall be elected by 

draw of lot under the supervision of the President of the Board in such manner as he may decide.  

20. Term of office of Vice-President.—(1) The term of office of a Vice-President shall be five years 

or his residual 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.  

(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: 

Provided that in case of Category IV Cantonments, the Vice-President may be removed if a resolution 

to this effect is passed by the Board and the other elected member shall become the Vice-President.  

21. Duties of President.—(1) It shall be the duty of the President of every Board— 

(a) unless prevented by reasonable cause, to convene and preside at all meetings of the Board and 

to regulate the conduct of business thereat;  

(b) to control, direct and supervise the financial and executive administration of the Board;  

(c) to perform all the duties and exercise all the powers specifically imposed or conferred on the 

President by or under this Act; and  

(d)  subject  to  any  restrictions,  limitations  and  conditions  imposed  by  this  Act,  to  exercise 
executive  power  for  the  purpose  of  carrying  out  the  provisions  of  this  Act  and  to  be  directly 
responsible for the fulfilment of the purposes of this Act;  

(e) in case of gross misconduct during the course of meeting, to suspend a member other than a 

Chief Executive Officer from attending the unconcluded part of the meeting of the Board.  

(2) The President may, by order in writing, empower the Vice-President to exercise all or any of the 
powers and duties referred to in clause (b) of sub-section (1) other than any power, duty or function which 
he is by resolution of the Board expressly forbidden to delegate. 

 (3) The exercise or discharge of any powers, duties or functions delegated by the President under this 
section shall be subject to such restrictions, limitations and conditions, if any, as may be laid down by the 
President and to the control of, and to revision by, the President.  

(4) Every order made under sub-section (2) shall forthwith be communicated to the Board and to the 

General Officer Commanding-in-Chief, the Command. 

22 

 
 
 
 
22. Duties of Vice-President.—(1) 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                 
sub-section (1) of section 21; 

(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) of section 21.  

23. Allowances to Vice-President and members.—The Vice-President and each elected member of 
the Board shall be entitled to receive such allowances, as the Central Government may, by rule, prescribe.  

24.  Appointment  of  Chief  Executive  Officer.—(1)  For  every  cantonment  there  shall  be  a  Chief 
Executive  Officer  appointed  by  the  Central  Government  or  by  such  person  as  the  Central  Government 
may authorise in this behalf: 

Provided that, in the event of temporary absence of the Chief Executive Officer, not exceeding ninety 
days, the Principal Director shall designate an officer under his jurisdiction to perform the duties of the 
Chief Executive Officer during such period.  

(2) Not less than one-half of the salary of the Chief Executive Officer shall be paid by the Central 

Government and the balance from the cantonment fund.  

(3) The Chief Executive Officer shall be the Member-Secretary of the Board and of every Committee 

of the Board.  

25. Duties of Chief Executive Officer.—(1) Subject to the provisions of clause (c) and clause (d) of 

sub-section (1) of section 21, the Chief 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)  subject  to  any  restrictions,  limitations  and  conditions  imposed  by  this  Act,  to  exercise 
executive  power  to  ensure  that  the  administration  of  the  Board  is  carried  out  in  accordance  with 
provisions of this Act; 

 (c) prescribe the duties of, and exercise supervision and control over the acts and proceedings of 

all, officers and employees of the Board; 

(d) be responsible for the custody of all records of the Board; 

 (e) 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; and  

(f) comply with every requisition of the Board on any matter pertaining to the administration of 

the cantonment.  

26.  Special  power  of  Chief  Executive  Officer.—(1)  The  Chief  Executive  Officer  may  direct  the 
execution of any work or the doing of any act, in public interest and in accordance with the provisions of 
this Act and the rules made thereunder, and incur such expenditure as may be necessary in executing such 
work  or  doing  such  act,  as  the  case  may  be,  subject  to  the  financial  limits  which  the  Board  may  by 
resolution determine subject to general guidelines issued by the Director General, Defence Estates with 
the approval of the Central Government.  

(2) The Chief Executive Officer may, in case of emergency, direct the execution of any work or the 
doing of any act which would ordinarily require the sanction of the Board and 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: 

23 

 
 
 
 
Provided that— 

 (a)  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 the Board prohibiting the 

execution of any particular work or the doing of any particular act; and  

(c) he shall report forthwith the action taken under this section and the reasons there for to the 

Board.  

Elections 

 27.  Electoral  rolls.—(1) The  Board or,  where a  Board is  not  constituted in any  place  declared by 
notification under sub-section (1) of section 3 to be a cantonment, the Officer  Commanding the station, 
shall prepare and publish an electoral roll showing the names of persons qualified to vote at elections to 
the Board and such roll shall be prepared, revised and finally published in such manner and on such date 
in each year as the 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, the electoral roll shall be divided into separate 

lists for each ward.  

(4) If a new electoral roll is not published in any year on the date prescribed, the Central Government 

may direct that the old electoral roll shall continue in operation until the new roll is published.  

28. Qualification of electors.—(1) Every person who, on such date as may be fixed by the Central 
Government in this behalf by notification in the Official Gazette here in after in this section referred to as 
“the qualifying date”, is not less than eighteen 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 an elector.  

Explanation.—When any place is declared a cantonment for the first time, or when any local area is 
first included in a cantonment, residence in the place or area comprising the cantonment on the aforesaid 
date shall be deemed to be residence in the cantonment for the purposes of this sub-section. 

(2) A person notwithstanding that he is otherwise qualified, shall not be entitled to be enrolled as an 

elector if he on the qualifying date— 

(i) is not a citizen of India, or  

(ii) has been adjudged by a competent court to be of unsound mind, or  

(iii) is an undischarged insolvent, or  

(iv) has been sentenced by a Criminal Court to imprisonment for a term exceeding two years for 
an  offence  which  is  declared  by  the  Central  Government  to  be  such  as  to  unfit  him  to  become  an 
elector or has been sentenced by a Criminal Court for any offence under Chapter IXA of the Indian 
Penal Code (45 of 1860): 

Provided that any disqualification incurred by a person under clause (iv) 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 sub-section (2), his name shall be removed from the 
electoral roll unless, in the case referred to in clause (iv), the disqualification is removed by the Central 
Government.  

29.  Qualification  for  being  a  member  of  the  Board.—(1)  Save  as  hereinafter  provided,  every 
person, not being a person holding any office of profit under the Government, whose name is entered on 
the  electoral  roll  of  a  cantonment  shall  be  qualified  for  election  as  a  member  of  the  Board  in  that 
cantonment.  

24 

 
 
(2) No person shall be qualified for nomination as a member of a Board if he is subject to any of the 

disqualifications specified in sub-section (2) of section 28.  

(3) No person shall be qualified for being chosen whether by election or nomination as, and for being 

a member of a Board, if he— 

(a) has been dismissed from the service of the Government and is debarred from re-employment 

therein, or is a dismissed employee of a Board;  

(b) is debarred from practising his profession or calling by order of any competent authority;  

(c) holds any place of profit in the gift or at the disposal of the Board, or is a police officer, or is 

the servant or employer of a member of the Board; or  

(d) is interested in a subsisting contract made with, or in work being done for, the Board except as 

a shareholder other than a director in an incorporated company; or  

(e) is an officer or employee, permanent or temporary, of a Board or of any other local authority; 

or 

 (f) is a member of any other local authority; or 

 (g) has, by the authority referred to in clause (f) of section 31, been found to have been guilty of 
any of the corrupt practices specified in sub-section (2) of section 30 unless a period of five years has 
elapsed since the date of the decision of the authority; or 

(h) fails to pay any arrears of any kind due by him otherwise than as an agent, receiver, trustee or 
an executor, to the Board within thirty days after the notice in this behalf has been served upon him; 
or  

(i) is disqualified under any other provision of this Act: 

Provided that a person shall not be deemed to have any interest in such a contract or work as is 

referred to in clause (d) by reason only of his having a share or interest in— 

(a) any lease or sale or purchase of immovable property or any agreement for the same; or  

(b) any agreement for the loan of money or any security for the payment of money only; or  

(c) any newspaper in which any advertisement relating to the affairs of the Board is inserted; 

or  

(d) the sale to the Board of any articles in which he regularly trades or the purchase from the 
Board of any articles, to a value in either case not exceeding twenty-five thousand rupees in the 
aggregate in any year during the period of the contract or work. 

30.  Interpretation.—(1)  For  the  purposes  of  sections  27,  28  and  29,  „person‟ means  an  individual 

human being.  

(2)  The  following  shall  be  deemed  to  be  corrupt  practices  within  the  meaning  of  clause  (g)  of                  

sub-section (3) of section 29, namely:— 

(1) “bribery” that is to say— 

(A)  any  gift,  offer  or  promise  by  a  candidate  or  his  agent  or  by  any  other  person  with  the 
consent  of  a  candidate  or  his  agent  of  any  gratification  to  any  person  whomsoever,  with  the 
object, directly or indirectly of inducing— 

(a) a person to stand or not to stand as, or to withdraw or not to withdraw from being, a 

candidate at an election; or  

(b) an elector to vote or refrain from voting at an election, or as a reward to— 

(i) a person for having so stood or not stood, or for having withdrawn or not having 

withdrawn his candidature; or  

(ii) an elector for having voted or refrained from voting;  

25 

 
 
(B)  the  receipt  of,  or  agreement  to  receive,  any  gratification,  whether  as  a  motive  or  are          

ward— 

(a) by a person for standing or not standing  as, or for withdrawing or not withdrawing, 

from being a candidate; or 

(b) by any person whomsoever for himself or any other person for voting or refraining 
from voting, or inducing or attempting to induce any elector to vote or refrain from voting, or 
any candidate to withdraw or not to withdraw his candidature. 

Explanation.—For  the  purpose  of  this  clause,  the  term  “gratification”  is  not  restricted  to 
pecuniary gratification or gratifications estimable in money and it includes all forms of entertainment 
and all forms of employment for reward but it does not include the payment of any expenses  bona 
fide incurred at, or for the  purpose of, any election. 

 (2) Undue influence, that is to say, any direct or indirect interference or attempt to interfere on the 
part of the candidate or his agent, or of any other person with the consent of the candidate or his agent 
with the free exercise of any electoral right:  

Provided that — 

(a) without prejudice to the generality of the provisions of this clause any such person as is referred 

to therein who— 

(i) threatens any candidate or any elector, or any person in whom a candidate or an elector is 
interested, with injury of any  kind including social ostracism and ex-communication or expulsion 
from any caste or community; or  

(ii) induces or attempts to induce a candidate or an elector to believe that he, or any person in 
whom he is interested, will become or will be rendered an object of divine displeasure or spiritual 
censure, shall be deemed to interfere with the free exercise of the electoral right of such candidate 
or elector within the meaning of this clause;  

(b) a declaration of public policy, or a promise of public action, or the mere exercise of a legal right 
without intent to interfere with an electoral right shall not be deemed to interfere within the meaning of 
this clause.  

(3) The appeal by a candidate or his agent or by any other person with the consent of a candidate or 
his  agent  to  vote  or  refrain  from  voting  for  any  person  on  the  ground  of  his  religion,  race,  caste, 
community or language or the use of, or appeal to religious symbols or the use of, or appeal to, national 
symbols, such as national flag or the national emblem for the furtherance of the prospects of the election 
of that candidate or for prejudicially affecting the election of any candidate.  

(4) The promotion of, or attempt to promote, feelings of enmity or hatred between different classes of 
the  citizens  of  India  on  grounds  of  religion,  race,  caste,  community  or  language,  by  a  candidate  or  his 
agent or any other person with the consent of a candidate or his agent for the furtherance of the prospects 
of the election of that candidate or for prejudicially affecting the election of any candidate.  

(5) The publication by a candidate or his agent or by any other person, with the consent of a candidate 
or his agent, of any statement of fact which is false, and which he either believes to be false or does not 
believe to be true, in relation to the personal character or conduct of any candidate, or in relation to the 
candidature,  or  withdrawal  of  any  candidate,  being  a  statement  reasonably  calculated  to  prejudice  the 
prospects of that candidate's election.  

(6) The hiring or procuring, whether on payment or otherwise, of any vehicle or vessel by a candidate 
or his agent or by any other person with the consent of a candidate or his agent or the use of such vehicle 
or  vessel  for  the  free  conveyance  of  any  elector  other  than  the  candidate  himself,  the  members  of  his 
family or his agent to or from any polling station or place fixed for the poll: 

Provided that the hiring of a vehicle or vessel by any elector or by several electors at their joint costs 
for the purpose of conveying him or them to and from any such polling station or place fixed for the poll 
shall not be deemed to be a corrupt practice under this clause if the vehicle or vessel so hired is a vehicle 
or vessel not propelled by mechanical power:  

26 

 
 
Provided  further  that  the  use  of  any  public  transport  vehicle  or  vessel  or  any  tramcar  or  railway 
carriage  by  any  elector  at  his  own  cost  for  the  purpose  of  going  to  or  coming  from  any  such  polling 
station or place fixed for the poll shall not be deemed to be a corrupt practice under this clause. 

Explanation.—In  this  clause,  the  expression  “vehicle”  means  any  vehicle  used  or  capable  of  being 
used for the purpose of road transport, whether propelled by mechanical power or otherwise and whether 
used for drawing other vehicles or otherwise. 

 (7) The obtaining or procuring or abetting or attempting to obtain or procure by a candidate or his 
agent or, by any other person with the consent of a candidate or his agent, any assistance other than the 
giving  of  vote  for  the  furtherance  of  the  prospects  of  that  candidate's  election,  from  any  person  in  the 
service of the Government or the Board: 

Provided that where any person, in the service of the Government or the Board in the discharge or 
purported discharge of his official  duty, makes any arrangements or provides any facilities or does any 
other act or thing, for, to, or in relation to, any candidate or his agent or any other person acting with the 
consent  of  the  candidate  or  his  agent  whether  by  reason  of  the  office  held  by  the  candidate  or  for  any 
other  reason,  such  arrangements,  facilities  or  act  or  thing  shall  not  be  deemed  to  be  assistance  for  the 
furtherance of the prospects of that candidate‟s election. 

Explanation.—In this section, the expression “agent” includes any person who is held to have acted 

as an agent in connection with the election with the consent of the candidate.  

31. Power to make rules regulating elections.—The 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 wards;  

(b) the determination of the number of members to be elected by each ward; 

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

(d)  the  reservation  of  wards  for  election  of  the  Scheduled  Castes,  the  Scheduled  Tribes  and 

women; 

 (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 authority which may be an officer of the 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) the fee to be paid for admission and consideration of any  application relating to election or 

election disputes; 

 (h)  any  other  matter  relating  to  elections  or  election  disputes  in  respect  of  which  the  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 the Central Government, 
necessary.  

Members 

32. Member not to vote on matter in which he is interested.—(1) No member of a Board shall vote 
at a meeting of the Board or of any Committee of the Board on any question relating to his own conduct 
or 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. 

27 

 
 
 
 
(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 person so presiding— 

(a) shall not be entitled to vote on such motion, and 
(b) shall, if such motion is carried, absent himself from the meeting during such discussion.  
33.  Liability  of  members.—Every  member  of  a  Board  shall  be  liable  for  the  loss,  waste  or 
misapplication of any money or other property 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 the Central Government.  

34.  Removal  of  members.—(1)  The  Central  Government  may  remove  from  a  Board  any  member 

thereof, who— 

(a) becomes 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) of section 28 or in section 29; or 

(b) has absented himself for more than three consecutive meetings or three months (whichever is 

later) of the Board and is unable to explain such absence to the satisfaction of the Board. 

Explanation.—In computing the aforesaid period of three consecutive months, no account shall 

be taken of any period of absence with the leave of the Board; or  

(c) has knowingly contravened the provisions of section 32; or 

(d) being a legal practitioner, acts or appears on behalf of any other person against the Board in 
any  legal  proceeding  or  against  the  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; or 

(e) has himself done or aided or abetted encroachments and illegal constructions on defence land 

in contravention of the provisions of this Act and the rules and bye-laws made thereunder.  
(2)  The  Central  Government  may  remove  from  a  Board  any  member  who,  in  the  opinion  of  the 
Central Government, has so 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.  

(3) The General  Officer Commanding-in-Chief, the Command  may, on receipt of a report from the 
Officer Commanding the station remove from a Board any military officer nominated as a member of the 
Board who is, in the opinion of the Officer Commanding the station, unable to discharge his duties as a 
member of the Board and has failed to resign his office. 

 (4)  No  member  shall  be  removed  from  a  Board  under  sub-section  (1)  or  sub-section  (2)  of  this 

section unless he has been given a reasonable opportunity of showing cause against his removal. 

 35. Consequences of removal.—(1) A member removed under clause (b) of sub-section (1) or under 

sub-section (3) of section 34 shall, 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)  of  section  34  shall  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)  of  section  34  shall  not  be  eligible  for  re-election  or 

nomination until the expiry of three years from the date of his removal.  

36. 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 of section 21 of the Indian Penal Code (45 of 1860) and 
clause (c) of section 2 of the Prevention of Corruption Act, 1988 (49 of 1988). 

Employees 

37.  Disqualification  of  person  as  an  employee  of  Board.—(1)  No  person  who  has  directly  or 
indirectly by himself or his partner any share or interest in a contract with, by or on behalf of a Board, or 
in any employment under, by or on behalf of a Board, otherwise than as an employee of the Board, shall 
become or remain an employee of such Board.  

28 

 
 
(2) An employee of a Board who knowingly acquires or continues to have directly or indirectly by 
himself  or  his  partner  any  share  or  interest  in  a  contract  with,  by  or  on  behalf  of  the  Board  or,  in  any 
employment under, by or on behalf of, the Board, otherwise than as an employee of the Board, shall be 
deemed to have committed an offence under section 168 of the Indian Penal Code (45 of 1860).  

(3) Nothing in this section shall apply to any share or interest in any contract with, by or on behalf of, 
or employment under, by or on behalf of a Board if the same is a share in a company contracting with, or 
employed by, or on behalf of, the Board or is a share or interest acquired or retained with the permission 
of the General Officer Commanding-in-Chief, the Command in any lease or sale to, or purchase by the 
Board of land or building or in any agreement for the same. 

(4) Every person applying for employment as an employee of a Board shall, if he is related by blood 
or marriage to any member of the Board or to any person not being a lower grade employee, in receipt of 
remuneration  from  the  Board,  notify  the  fact  and  the  nature  of  such  relationship  to  the  appointing 
authority before the appointment is made, and if he has failed to do so, his appointment shall be invalid 
but without prejudice to the validity of anything previously done by him.  

38. Cantonment employee to be deemed a public servant.—Every officer or employee, permanent 
or temporary of a Board shall be deemed to be a public servant within the meaning of section 21 of the 
Indian  Penal  Code  (45  of  1860)  and  clause  (c)  of  section  2  of  the  Prevention  of  Corruption  Act,                            
1988 (49 of 1988).  

Procedure 

39. Meetings.—(1) Every Board shall meet at least once in a month to transact its business on such 
day  as  may  be  fixed  by  the  President  and  in  his  absence  by  the  Vice-President,  and  its  notice  shall  be 
given in such manner as may be provided in the 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 but not more than twice except in case of a public emergency.  

40.  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  there  for  has  been sent  to  each 
member not less than seven days before that date.  

41. Quorum.—(1) The quorum necessary for the transaction of business at a meeting of the Board 

shall be one-half of the number of members of the Board holding the office:  

Provided  that  if  the  number  of  members  of  the  Board  holding  office  at  a  particular  time  is  an  odd 
number,  the  quorum  shall  be  one-half  of  the  number  obtained  by  adding  one  to  the  number  of  such 
members.  

(2) If a quorum is not present, the President or in his absence, the Vice-President or in the absence of 
both, the Member-Secretary shall adjourn the meeting and the business which would have been brought 
before the original meeting if there had been a quorum present thereat shall be brought before, and may 
be transacted at, an adjourned meeting, whether there is a quorum present or not.  

42. 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  (6)  of  section  12  or 

sub-section (2) of section 13, 

the members present shall elect one from among their own members to preside.  

29 

 
 
43. Minutes.—(1) The minutes of the proceedings of each meeting shall be recorded in a book and 
shall be signed by the person presiding over the meeting and the Chief Executive Officer, before the close 
of  the  meeting  and  shall,  at  such  times  and  in  such  place  as  may  be  fixed  by  the  Board,  be  open  to 
inspection free of charge by any inhabitant of the cantonment and its authenticated copies may be made 
available to him on request, at a nominal cost to be decided by the Board.  

 (2) Copies of the minutes shall, as soon as possible after each meeting, be forwarded for information 
to  every  Member  of  the  Board,  the  General  Officer  Commanding-in-Chief,  the  Command,  the  District 
Magistrate  and  the  Defence  Estate  Officer  and  in  cantonments  where  Navy  or  Air  Force  stations  are 
located  copies  of  the  minutes  shall  be  forwarded  for  information  to  the  Command  Headquarters  of  the 
Navy or, as the case may be, the Air Force. 

 44. Meetings to be public.—Every meeting of a Board shall be open to the public unless in any case 

the person presiding over the meeting, for reasons to be recorded in the minutes, otherwise directs.  

45. Method of deciding questions.—(1) All questions coming before a meeting shall be decided by 

the majority of the votes of the members present and voting.  

(2) In the case of an quality of votes, the person presiding over the meeting, shall have a second or 

casting vote. 

(3) The dissent of any member from any decision of the Board shall, if the member so requests, be 

entered in the minutes, together with a short statement of the ground for such dissent. 

 46.  Civil  area.—(1) The Central  Government  may,  by  notification  in  Official Gazette,  declare  the 
civil  area,  in  a  cantonment,  which  is  inhabited  largely  by  civil  population  to  be  the  civil  area  for  the 
purposes of this Act.  

(2) The Central Government may in consultation with the Board undertake, as and when required and 

shall undertake after every census, a review of the boundaries of the civil area in each cantonment.  

47. Committees for civil areas.—(1) Every Board constituted under section 12 in a cantonment shall 
appoint a committee consisting of the elected members of the Board, the Health Officer and the Executive 
Engineer for the administration of the civil area in the cantonment as notified under section 46 of this Act 
and  may  delegate  its  powers  and  duties  to  such  committee  in  the  manner  provided  in  clause  (e)  of                  
sub-section (1) of section 48.  

(2)  The  Vice-President  of  the  Board  shall  be  the  Chairman  of  the  committee  appointed  under                 

sub-section (1).  

(3) The powers, duties and functions of the Board under sub-section (1) of section 137, section143, 
section 147, section 149 and section 262 shall be exercised or discharged in respect of a civil area by the 
civil area committee:  

Provided  that  if  the  Health  Officer  dissents  from  any  decision  arrived  at  by  the  committee  under                

sub-section (1) of section 137, section 143, section 147 and section 149 on health grounds, the matter may 
be referred to the Board by the President for decision.  

48. Power  to make  regulations.—(1)  A  Board  may  make  regulations consistent  with  this  Act  and 

with the rules made thereunder to provide for all or any of the following matters, namely:— 

(a) the time and place of its meetings; 

(b) the manner in which notice of the meeting shall be given;  

(c) the conduct of proceedings at meetings and the adjournments of meetings; 

(d) the custody of the common seal of the Board and the purposes for which it shall be used; and  

(e) the appointment of committees for any purpose and the determination of all matters relating to 
the constitution and procedure of such committees, and the delegation to such committees, subject to 
any  conditions  which  the  Board  thinks  fit  to  impose,  of  any  of  the  powers  or  duties  of  the  Board 
under this Act other than a power to make regulations or bye-laws.  

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(2) No regulation made under clause (e) of sub-section (1) shall take effect until it has been approved 

by the Central Government.  

(3) No regulation made under this section shall take effect until it has been published in such manner 

as the Central Government may direct. 

49. Joint action with other local authority.—(1) A Board may— 

(a) join with any other local authority— 

(i) in appointing a joint committee for any purpose in which they are jointly interested and in 

appointing a chairman of such committee;  

(ii)  in  delegation  to  such  committee  power  to  frame  terms  binding  on  the  Board  and  such 
other  local  authority  as  to  the  construction  and  future  maintenance  of  any  joint  work  or  to 
exercise any power which might be exercised by the Board or by such other local authority; and  

(iii) in making regulations for regulating the proceedings of any such committeer relating to 

the purposes for which it has been appointed; or  

(b) with the previous sanction of the General Officer Commanding-in-Chief, the Command, and 
the State Government concerned, enter into an agreement with any other local authority regarding the 
levy  of  any  tax  or  toll  whereby  the  said  tax  or  toll  respectively  leviable  by  the  Board  and  by  such 
other  local  authority  may  be  levied  together  instead  of  separately  within  the  limits  of  the  area 
hereafter in this section referred to as the aggregate area subject to the control of the Board and such 
other local authority.  

(2)  If  any  difference  of  opinion  arises  between  any  Board  and  other  local  authority  acting  together 
under  this  section,  the  decision  thereon  of  the  Central  Government  or  of  an  officer  appointed  by  the 
Central Government in this behalf shall be final. 

(3) When any agreement such as is referred to in clause (b) of sub-section (1) has been entered into, 

then— 

(a) where the agreement relates to octroi or terminal tax or toll, the party to the agreement (the 
Board,  or  as  the  case  may  be,  such  other  local  authority)  which  is  specified  in  this  behalf  in  the 
agreement,— 

 (i) shall have the same powers to establish octroi limits and octroi stations and places for the 
collection  of  octroi,  terminal  tax  and  toll  within  the  aggregate  area  as  it  has  within  the  area 
ordinarily subject to its control;  

(ii) shall have the same powers of collecting such octroi, terminal tax or toll in the aggregate 
area and the provisions of any enactment in force relating to the levy of such octroi, terminal tax 
or toll by it shall apply in the same  manner as if the aggregate area were comprised within the 
area ordinarily subject to its control;  

(b) the total of the collection of such octroi, tax or toll made in the aggregate area and the costs 
thereby incurred shall be divided between the cantonment fund and the fund subject to the control of 
such other local authority, in such proportion, as may have been determined by the agreement.  

50.  Report  on  administration.—(1)  Every  Board  shall,  as  soon  as  may  be  after  the  close  of  the 
financial year and not later than the date fixed in this behalf by the Central Government, submit to the 
Central Government through  the General 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 the Central Government may direct.  

(2)  The  comments,  if  any,  of  the  General  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  the  Central 
Government along with the report.  

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Control 

 51.  Power  of  Central  Government  to  require  production  of  documents.—The  Central 
Government or such officer or authority as may be authorised by the Central Government in this behalf 
may at any time require a 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; 

 (c) to furnish or obtain and furnish any report. 

52.  Inspection.—The  Central  Government  or  the  General  Officer  Commanding-in-Chief,  the 
Command or the Director General or the Principal Director, may depute any person in the service of the 
Government to inspect or examine any department of the office of, or any service or work undertaken by, 
or thing belonging to, a Board, and to report thereon, and the Board and its officers and employees shall 
be bound to afford the person so deputed access at all reasonable times to the premises and property of the 
Board  and  to  all  records,  accounts  and  other  documents  the  inspection  of  which  he  may  consider 
necessary to enable him to discharge his duties.  

53. Power to call for documents.—The General Officer Commanding-in-Chief, the Command or the 

Principal Director, may, by order in writing,— 

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

(b)  require  the  Board  to  furnish  such  statements,  accounts,  reports  and  copies  of  documents 

relating to its proceedings, duties or works as he thinks fit. 

 54. Power to require execution of work, etc.—If, on receipt of any information or report obtained 
under  section  51  or  section  52  or  section  53,  the  Central  Government  or  the  General  Officer 
Commanding-in-Chief, the Command or the Director General or the Principal Director is of opinion— 

(a) that any duty imposed on a 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, 

it or he may direct the Board, within such period as it or he thinks fit, to make arrangements to its or his 
satisfaction for the proper performance of the duty, or as the case may be, to make financial provision to 
its or his satisfaction for the performance of the duty: 

Provided  that  unless  in  the  opinion  of  the  Central  Government  or  the  General  Officer               

Commanding-in-Chief, the Command or the Director General or the Principal Director, as the case may 
be, the immediate execution of such order is necessary, it or he shall, before making any direction under 
this section, give the Board an opportunity of showing cause why such direction should not be made. 

55. Power to provide for enforcement of direction under section 54.—If, within the period fixed 
by a direction made under section 54, any action the taking of which has been directed under that section 
has  not  been  duly  taken,  the  Central  Government  or  the  General  Officer  Commanding-in-Chief,  the 
Command or the Director General, or the Principal Director, as the case may be, may make arrangements 
for the taking of such action, and may direct that all expenses connected therewith shall be defrayed out 
of the cantonment fund. 

56.  Power  to  override  decision  of  Board.—(1)  If  the  President  dissents  from  any  decision  of  the 
Board  which  he  considers  prejudicial  to  the  health,  welfare,  discipline  or  security  of  the  Forces  in  the 
cantonment, he may, for reasons to be recorded in the minutes, by order in writing, direct the suspension 
of  action  thereon  for  any  period  not  exceeding  one  month  and,  if  he  does  so,  shall  forthwith  refer  the 
matter to the General Officer Commanding-in-Chief, the Command.  

(2) If the District Magistrate considers any decision of a Board to be prejudicial to the public health, 
safety or convenience, he may, after giving notice in writing of his intention to the Board, refer the matter 

32 

 
 
to the Central Government, and pending the disposal of the reference to the Central Government no action 
shall be taken on the decision.  

(3)  If  any  Magistrate  who  is  a  member  of  a  Board,  being  present  at  a  meeting,  dissents  from  any 
decision which he considers prejudicial to the public health, safety or convenience, he may, for reasons to 
be recorded in the minutes and after giving notice in writing of his intention to the President, report the 
matter to the District Magistrate; and the President shall, on receipt of such notice, direct the suspension 
of action on the decision for a period sufficient to allow of a communication being made to the District 
Magistrate and of his taking proceedings as provided in sub-section (2).  

(4)  If  the  Chief  Executive Officer  considers  any  decision  of  the  Board taken at  a  meeting,  to  be in 
contravention  of  the  provisions  of  this  Act,  rules,  regulations  or  bye-laws  made  there  under  and  the 
general guidelines issued by the Central Government from time to time in this regard, he may, for reasons 
to be recorded in writing and after informing the President in this behalf, forthwith refer the matter to the 
Principal Director who shall if considered appropriate direct the suspension of action on the said decision 
for a period not exceeding one month.  

(5) The  Principal  Director shall, for  reasons  to  be  recorded  in  writing  on the  reference  made  under 
sub-section (4), refer the matter to the General Officer Commanding-in-Chief, the Command along with 
recommendation  on  whether  or  not  the  said  decision  of  the  Board  should  be  revoked  and  inform  the 
matter to Director General Defence Estates.  

57. Power of Central Government to review.—The Central Government may, at any time, review 
any decision or order of the Board or the General 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. 

58. Power of General Officer Commanding-in-Chief, the Command, on reference under section 

56 or otherwise.—(1) The General Officer Commanding-in-Chief, the Command, may at any time— 

(a) direct that any matter or any specific proposal other than one which has been referred to the 
Central Government under sub-section (2) of section 56 be considered or reconsidered by the Board; 
or 

 (b) direct the suspension, for such period as may be stated in the order, of action on any decision 
of a Board, other than a decision which has been referred to him under sub-section (1) of section 56, 
and  thereafter  cancel  the  suspension  or  after  giving  the  Board  a  reasonable  opportunity  of  show  in 
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-sections  (1)  and  (4)  of            

section 56, the General 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  

(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.  

59.  Power  of  Central  Government  on  a  reference  made  under  section  56.—(1)  When  any 
decision of a Board has been referred to the Central Government under sub-section (2) of section 56, the 
Central Government may, after consulting the General 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  either  without  modification  or  with  such 

modifications as it may specify.  

33 

 
 
60.  Supersession  of  Board.—(1)  If,  in  the  opinion  of  the  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, the Central Government may by an 
order published, together with the statement of the reasons there for, in the 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 
supersede 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 shall be exercised and performed by the Officer Commanding the station, 
or by such officer as may be authorised by the Central Government, subject to such reservation if any, 
as the 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.  

Validity of proceedings 

61.  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 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 IV 

DUTIES AND DISCRETIONARY FUNCTIONS OF BOARDS 

62. Duties of Board.—It shall be the duty of every Board, so far as the funds at its disposal permit, to 

make reasonable provision within the cantonment for— 

(i) lighting streets and other public places; 

(ii) watering streets and other public places; 

(iii)  cleansing  streets,  public  places  and  drains,  abating  nuisances  and  removing  noxious 

vegetation; 

(iv) regulating offensive, dangerous or obnoxious trades, callings and practices; 

(v) removing, on the ground of public safety, health or convenience, undesirable obstructions and 

projections in streets and other public places; 

(vi) securing or removing dangerous buildings and places; 

(vii) acquiring, maintaining, changing and regulating places for the disposal of the dead; 

(viii)  constructing,  altering  and  maintaining  streets,  culverts,  bridges,  causeways,  markets, 
slaughter-houses, latrines, privies, urinals, drains, drainage works and sewerage works and regulating 
their use; 

34 

 
 
(ix) planting and maintaining trees on roadsides and other public places; 

(x) providing or arranging for a sufficient supply of potable water, where such  supply does not 
exist,  guarding  from  pollution  water  used  for  human  consumption,  and  preventing  polluted  water 
from being so used; 

(xi) registering births and deaths; 

(xii)  preventing  and  checking  spread  of  dangerous  diseases;  establishing  and  maintaining  a 

system of public vaccination and inoculation for the said objective;  

(xiii)  establishing  and  maintaining  or  supporting  public  hospitals,  maternity  and  child  welfare 

centres and dispensaries, and providing public medical relief; 

(xiv) establishing and maintaining or assisting primary schools;  

(xv)  rendering  assistance  in  extinguishing  fires,  and  protecting  light  and  property  when  fire 

occurs; 

 (xvi)  maintaining  and  developing  the  value  of  property  vested  in,  or  entrusted  to,  the 

management of the Board;  

(xvii) establishing and maintaining civil defence services; 

(xviii) preparing and implementing town planning schemes;  

(xix) preparing and implementing plans for economic development and social justice; 

(xx) naming and numbering of streets and premises;  

(xxi) according or refusing permission to erect or re-erect building;  

(xxii) organising, promoting or supporting cultural and sports activities; 

(xxiii) celebrating Independence Day and Republic Day and incurring expenditure thereon; 

(xxiv) fulfilling any other obligation imposed upon it by or under this Act or any other law for the 

time being in force. 

63. Power to manage property.—A Board may, subject to any conditions imposed by the Central 
Government, manage any property entrusted to its management by the 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 section 346.  

64. Discretionary functions of Board.—(1) A Board may, within the  cantonment, make provision 

for— 

(i) laying out in areas, whether previously built upon or not, new streets, and acquiring land for 
that  purpose  and  for  the  construction  of  buildings,  and  compounds  of  buildings,  to  about  on  such 
streets;  

(ii)  constructing,  establishing  or  maintaining  public  parks,  gardens,  offices,  dairies,  bathing  or 

washing places, drinking fountains, tanks, wells and other works of public utility;  

(iii) reclaiming unhealthy localities;  

(iv) furthering educational objects by measures other than the establishment and maintenance of 

primary schools;  

(v)  setting  up  or  supporting  higher  schools,  colleges  and  vocational,  professional  and  special 

education;  

(vi)  constructing,  and  maintaining  works  and  structures,  including  rainwater  harvesting,  for 

providing supply of water for public and private purposes;  

(vii) constituting,  maintaining and  managing supply and distribution of electricity, including by 

exploiting non-conventional energy sources, to public and private premises;  

35 

 
 
(viii) taking a census and granting rewards for information which may tend to secure the correct 

registration of vital statistics;  

(ix) making a survey; 

(x) giving relief on the occurrence of local epidemics, floods, famines or other natural calamities 

by the establishment or maintenance of relief work or otherwise;  

(xi) securing or assisting to secure suitable places for the carrying on of any offensive dangerous 

or obnoxious trade, calling or occupation;  

(xii) establishing and maintaining a farm or other place for the disposal of sewage;  

(xiii)  constructing,  subsidising  or  guaranteeing  tramways  or  other  means  of  locomotion,  and 

electric lighting or electric power work;  

(xiv) establishing and maintaining cattle pounds;  

(xv) arranging for civic reception with prior approval of the Officer Commanding the Station;  

(xvi) providing housing accommodation for any class of inhabitants; 

(xvii)  conservation  and  maintenance  of  ancient  and  historical  monuments,  archaeological  sites 

and remains or place of public importance in the cantonment; 

(xviii) developing land resources under the management of the Board; 

(xix) preparing and implementing group housing schemes;  

(xx) establishing and undertaking remunerative projects;  

(xxi) developing small-scale and cottage industries;  

(xxii)  developing  expertise  in  different  areas  of  urban  governance  and  local  self-government  to 

and able to provide consultancy to other Municipal and Development Authorities; 

 (xxiii)  adopting  any  measure,  other  than  a  measure  specified  in  section  62  or  in  the  foregoing 
provisions of this section likely to promote the safety, health or convenience of the inhabitants of the 
cantonment;  

(xxiv)  establishing  and  maintaining  or  supporting  libraries,  museums,  art  galleries,  botanical  or 

zoological collections; 

(xxv) establishing and maintaining or supporting stadia, gymnasia, akharas and places for sports 

and games;  

(xxvi) establishing theatres and cinemas;  

(xxvii) organising and managing fairs and exhibitions;  

(xxviii) constructing and maintaining:— 

(a) rest-houses;  

(b) poor-houses;  

(c) infirmaries;  

(d) children's home; 

(e) houses for deaf and dumb and for disabled and handicapped children;  

(f ) shelters for destitute and disabled persons;  

(g) asylums for persons of unsound mind;  

(h) old age homes;  

(i) working women's hostels;  

36 

 
 
(xxix) establishing and managing chemical or bacteriological laboratories for the examination or 
analysis of water, food and drugs for the detection of diseases or research connected with the public 
health or medical relief;  

(xxx) providing relief to destitute and disabled persons;  

(xxxi) establishing and maintaining veterinary hospitals;  

(xxxii) constructing and maintaining warehouses and godowns;  

(xxxiii) constructing and managing garages, sheds and stands for vehicles and cattle sheds;  

(xxxiv) constructing and managing community halls and convention halls;  

(xxxv) holding seminars, workshops, public debates, and similar activities particularly on issues 

and rules and regulations of civic importance.  

Explanation.—For the purposes of clause (xvii)— 

 (a) “conservation” means the supervision, management and maintenance of a place to retain its 
historical,  architectural,  aesthetic  or  cultural  significance  or  of  environment  and  includes  the 
protection, improvement,  preservation, restoration, reconstruction and adoption or a combination of 
more than one of these activities, and the use of such place in a way that ensures the social as well as 
economic benefits; 

 (b)  “ancient  and  historical  monuments,  archaeological  sites  and  remains  or  place  of  public 
importance” include buildings, arte facts, structures, areas, or precincts of historical or aesthetical or 
educational  or  scientific  or  cultural  or  environmental  significance,  and  those  natural  features  of 
environmental signifcance or scenic beauty, as may be declared by the Board.  

(2) A Board may, either within or outside the cantonment, make provision for the doing of anything 
on  which expenditure is declared  by  the  Central  Government,  or by  the  Board  with the sanction  of  the 
Central Government, to be an appropriate charge on the cantonment fund or the cantonment development 
fund. 

65. Power of expenditure of educational, health and other purposes outside the cantonment.—A 

Board may make provision subject to availability of funds for— 

(i) educational objects in a cantonment;  

(ii) the objectives of public health and medical care;  

(iii) works relating to water-supply, drainage and lighting;  

(iv) the preservation, improvement and upgradation of environment,  

outside the cantonment, if it is satisfied that the interests of the residents of the cantonment will be served 
thereby.  

CHPTER V 

TAXES AND FEES 

Imposition of taxation 

66.  General  power  of  taxation.—(1)  The  Board  shall,  with  the  previous  sanction  of  the  Central 

Government, impose the following taxes for the purposes of this Act:— 

(a) property tax; and 

(b) tax on trades, professions callings and employments. 

 (2) In addition to the taxes specified in sub-section (1) the Board may, for the purposes of this Act, 
impose  any  tax  which  under  any  enactment  for  the  time  being  in  force  may  be  imposed  in  any 
municipality in the State in which the cantonment is situated:  

37 

 
 
Provided  that  the  Board  shall  revise  every  five  years,  the  rates  of  taxes  imposed  under                            

sub-sections (1) and (2): 

Provided further that the Board shall not abolish any tax imposed under this section or vary it to the 
Board's  financial  disadvantage  without  the  prior  sanction  of  the  Central  Government  and  the  tax 
mentioned  in  sub-section  (2)  shall  not  exceed  the  ceiling  prescribed  in  this  behalf  by  clause  (2)  of               
article 276 of the Constitution.  

(3)  The  taxes  specified  in  sub-sections  (1)  and  (2)  shall  be  imposed,  assessed  and  collected  in 

accordance with the provisions of this Act, rules and the bye-laws made thereunder.  

(4) Any tax imposed under this section shall take effect from the date of its notification in the Official 

Gazette or where any later date is specified in this behalf in the notification, from such later date. 

 67.  Charging  of  fees.—The  Board  shall,  for  the  purposes  of  this  Act,  charge  the  following  fees, 

namely:— 

(a) licence fee on vehicles and animals;  

(b) licence fee on advertisements other than advertisements in newspapers; 

(c) fee relating to maintenance of property records; 

(d) processing fee on buildings payable along with application for sanction of the building plan;  

(e) licence fee on entry of vehicles; 

(f) betterment fee on the increase in land value caused by the execution of any development work; 

and  

(g) such other fee which the Board may by regulation specify:  

Provided that the fee charged under clause (g) of this section shall not be less than the cost incurred 

by the Board for or in connection with the specific service to which the fee relates. 

 68. Norms of property tax.—Save as otherwise provided in this Act, the property tax shall be levied 
on lands and buildings in the cantonment and shall consist of not less than ten and not more than thirty 
per cent. of the annual rateable value of lands and buildings:  

Provided that the Board may, when fixing the rate at which the property tax shall be levied during any 
year, determine that the rate leviable in respect of lands and buildings or portions of lands and  buildings 
in which any particular class of trade or business is carried on shall be higher than the rate determined in 
respect of other lands and buildings or portions of other lands and buildings by an amount not exceeding 
one half of the rate so fixed: 

Provided further that the tax may be levied on graduated scale, if the Board so determines. 

Explanation.—Where  any  portion  of  a  land  or  building  is  liable  to  a  higher  rate  of  the  tax  such 

portion shall be deemed to be a separate property for the purpose of municipal taxation alone.  

69.  Framing  of  preliminary  proposals.—When  a  resolution  has  been  passed  by  the  Board 
proposing  to  impose  a  tax  under  section  66,  the  Board  shall  in  the  manner  prescribed  in  section  319 
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 

(c) the rate at which the tax is to be levied.  

70. Objections and disposal thereof.—(1) Any inhabitant of the cantonment may, within thirty days 
from the publication of the notice under section 69, submit to the Board an objection in writing to all or 
any of the proposals contained therein and the Board shall take such objection into consideration and pass 
orders there on by special resolution.  

38 

 
 
(2)  Unless  the  Board  decides  to  abandon  its  proposals  contained  in  the  notice  published  under              

section 69, it shall submit to the Central Government through the General Officer Commanding-in-Chief, 
the  Command,  all  such  proposals  along  with  the  objections,  if  any,  received  in  connection  there  with 
together with its opinion thereon and any modifications proposed in accordance with such opinion and the 
notice published under the said section.  

71. Imposition of tax.—The 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 modified form as it 
thinks fit. 

72.  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 which it is empowered under this Act to impose and which is 
not already imposed within the said area or to enhance any existing tax in such a manner or to such an 
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 Government. 

(2)  The  Central  Government  may,  at  any  time,  cancel  or  modify  any  direction  issued  by  it  under                   

sub-section (1) with effect from 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.  

73.  Definition  of  “annual  rateable  value”.—For  the  purposes  of  this  Chapter,  “annual  rateable 

value” means— 

(a) in the case of hotels, colleges, schools, hospitals, factories and any other buildings which the 
Chief  Executive  Officer  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 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 the Chief Executive Officer 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  rateable  value  of  any  building  is,  by  reason  of  exceptional 
circumstances, in the opinion of the President Cantonment Board, excessive if calculated in the aforesaid 
manner,  the  President  Cantonment  Board  may  fix  the  annual  rateable  value  at  any  less  amount  which 
appears to him to be just. 

74.  Incidence  of  taxation.—(1)  Save  as  otherwise  expressly  provided  in  the  notification  imposing 
the tax, every tax assessed on the annual rateable value of buildings or lands or of both shall be leviable 
primarily upon the actual occupier of the property upon which the said tax is assessed, if he is the owner 
of  the  buildings  or  land  or  holds  them  on  a  building  or  other  lease  granted  by  or  on  behalf  of  the 
Government or the Board or on a building lease from any person. 

 (2) In any other case, the tax shall be primarily leviable as follows, namely :— 

(a) if the property is let, upon the lessor; 

(b) if the property is sub-let, upon the superior lessor;  

(c) if the property is unlet, upon the person in whom the right to let the same vests. 

39 

 
 
(3) The liability of the several owners of any building which is, or purports to be, severally owned in 
parts  or  flats  or  rooms  or  separate  tenements  for  the  payment  of  such  tax  or  any  installment  thereof 
payable during the period of such ownership shall be joint and several.  

(4) On failure to recover any sum due on account of such tax from the person primarily liable, these 
may be recovered from the occupier of any part of the buildings or lands in respect of which the tax is due 
such  portion  of  the  sum  due  as  bears  to  the  whole  amount  due  the  same  ratio  which  the  rent  annually 
payable by such occupier bears to the aggregate amount of rent so payable in respect of the whole of the 
said  buildings  or  lands,  or  to  the  aggregate  amount  of  the  letting  value  thereof,  if  any,  stated  in  the 
authenticated assessment list.  

(5) An occupier who makes any payment for which he is not primarily liable under this section shall, 
in the absence of any contract to the contrary, be entitled to be reimbursed by the person primarily liable 
for the payment, and, if so entitled, may deduct the amount so paid from the amount of any rent from time 
to time becoming due from him to such person.  

Assessment list 

75. Assessment list.—When a tax assessed on the annual rateable value of buildings or lands or both 
is  imposed,  the  Chief  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 prepared in such form and in such manner as the Central 
Government may by rule prescribe. 

76. Revision of assessment list.—(1) The Chief Executive Officer shall, at the same time, give public 
notice of a date, not less than one month thereafter, when he shall proceed to consider the valuation 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  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 writing to the Chief Executive Officer 
before the date fixed in the notice, 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  the  Chief 
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  the  Chief  Executive 
Officer.  

77. Authentication of assessment list.—(1) When all objections made under section 76 have been 
disposed  of,  and  the  revision  of  the  valuation  and  assessment  has  been  completed,  the  assessment  list 
shall  be  authenticated  by  the  signatures  of  the  Chief  Executive  Officer  and  the  President  Cantonment 
Board, who shall, certify that except in the cases if any, in which amendments have been made as shown 
therein no valid objection has been made to the annual rateable value or any other matters entered in the 
said list:  

Provided  that  whenever  the  General  Officer  Commanding-in-Chief,  the  Command  or  the  Principal 
Director comes to the conclusion that the assessment lists or any entries therein have not been correctly 
prepared  and  are  prejudicial  to  the  interests  of  the  Board  or  of  the  Central  Government,  they  may          
suo moto re-open the said assessment and issue such directions as deemed fit. 

(2) The assessment list so authenticated shall be deposited in the office of the 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. 

78. Evidential 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 section 77 shall be accepted 
as conclusive evidence— 

(a) for the purposes of assessing any tax imposed under this Act, of the annual rateable value or 

other valuation of all buildings and lands to which such entries respectively refer; and 

40 

 
 
(b)  for  the  purposes  of  any  tax  imposed  on  buildings  or  lands,  of  the  amount  of  each  such  tax 

leviable thereon during the year to which such list relates.  

79.  Amendment  of  assessment  list.—(1)  The  Chief  Executive  Officer  may  after  obtaining  the 

approval of President Cantonment Board 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 administration or assessees; 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.  

(2) Before making any amendment under sub-section (1) the Chief Executive Officer shall give to any 
person  affected  by  the  amendment,  notice  of  not  less  than  one  month  that  he  proposes  to  make  the 
amendment. 

 (3)  Any  person  interested in  any  such amendment  may  tender  an  objection  to  the  Chief  Executive 
Officer 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.  

80.  Preparation  of  new  assessment  list.—The  Chief  Executive  Officer  shall  prepare  a  new 
assessment list at least once in every three years, and for this purpose the provisions of sections 75 to 79 
shall apply in like manner as they apply for the purpose of the preparation of an assessment list for the 
first time.  

81. Notice of transfers.—(1) Whenever the title of any person primarily liable for the payment of a 
tax on the annual rateable 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  Chief  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  Chief  Executive  Officer  within            
six months from the death of the deceased. 

(3) The  notice  to  be  given  under  this  section  shall  be  in  such  form  as  may  be  determined  by  rules 
made  under  section  346,  and  the  transferee  or  other  person  on  whom  the  title  devolves  shall,  if  so 
required, be bound to produce before the Chief Executive Officer any documents evidencing the transfer 
or devolution. 

 (4) Every person who makes a transfer as aforesaid without giving such notice to the Chief 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 the Board, but nothing in this section 
shall be held to affect the liability of the transferee for the payment of the said tax. 

 (5)  The  Chief  Executive  Officer  shall  record  every  transfer  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.  

(6) Any failure to comply with the provisions contained in sub-sections (1) to (3) shall be punishable 

with fine which may extend to ten thousand rupees.  

41 

 
 
82. Notice of erection of buildings.—(1) If any building is erected or re-erected within the meaning 
of section 235, the owner shall give notice thereof to the Chief Executive Officer within thirty days from 
the date of its completion or occupation, whichever is earlier.  

(2)  Any  person  failing  to  give  the  notice  required  by  sub-section  (1)  shall  be  punishable  with  fine 
which may extend to five thousand or ten times the amount of the tax payable on the said building, as 
erected or re-erected, as the case may be, in respect of a period of three months, whichever is greater. 

Remission and refund 

83. Demolition, etc., of buildings.—If any building is wholly or partly demolished or destroyed or 
otherwise deprived of value, the Board may, on the application in writing of the owner or occupier, remit 
or  refund  such  portion  of  any  tax  assessed  on  the  annual  rateable  value  thereof  as  it  thinks  fit  but  no 
remission or refund shall take effect in respect of any period commencing more than two months before 
the delivery of such application. 

84.  Remission  of  tax.—In  a  cantonment  when  any  building  or  land  has  remained  vacant  and 
unproductive of rent for sixty or more consecutive days the Chief Executive Officer shall remit or refund, 
as the case may be, one-half of such portion of any tax assessed on the annual rateable value thereof as 
may be proportionate to the number of days during which the said building or land has remained vacant 
and unproductive of rent: 

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— 

(a)  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 anytime outside the season during which the building or land remains vacant; 

 (b) when such building or land has remained vacant and unproductive of rent, in respect of any 
time, not being less than sixty consecutive days during which within the season, the Chief Executive 
Officer shall remit or refund one-half of such portion of any tax assessed on the annual rateable 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.  

85.  Power  to  require  entry  in  assessment  list  of  details  of  buildings.—(1)  For  the  purpose  of 
obtaining a  partial remission or refund of tax, the owner of a building composed of separate tenements 
may  request  the  Chief  Executive  Officer  at  the  time  of  the  assessment  of  the  building,  to  enter  in  the 
assessment list, in addition to the annual rateable value of the whole building, a note recording in detail 
the annual rateable value of each separate tenement. 

 (2) When any tenement, the annual value of which has been thus separately recorded, has remained 
vacant and unproductive of rent for sixty or more consecutive days one-half of such portion of any tax 
assessed on the annual rateable value of the whole building shall be remitted or refunded as would have 
been remitted or refunded if the tenement had been separately assessed. 

86.  Notice  to  be  given  of  the  circumstances  in  which  remission  or  refund  is  claimed.—No 
remission or refund under section 84 or section 85 shall be made unless notice in writing of the fact that 
the building, land or tenement has become vacant and unproductive of rent, has been given to the Chief 
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.  

87. What buildings, etc., are to be deemed vacant.—(1) For the purposes of sections 84 and 85 no 
building, tenement or land shall be deemed vacant if maintained as a 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.  

42 

 
 
(2) The burden of proving all facts entitling any person to claim relief under section 83 or section 84 

or section 85 shall be upon him.  

88. 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  under                
section 84 or section 85 shall give notice of the re-occupation of such building, tenement or land within 
fifteen days of such re-occupation. 

 (2)  Any  owner  failing  to  give  the  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 re-occupied and which may extend to two thousand five 
hundred rupees, or to ten times the amount of the said tax, whichever sum is greater.  

Charge on immovable property 

89.  Tax  on  buildings  and  land  to  be  a  charge  thereon.—A  tax  assessed  on  the  annual  rateable 
value of any building or  land shall, subject to the prior payment of the land-revenue, if any, due to the 
Government thereon, be a first charge upon the building or land.  

Octroi, terminal tax and toll 

90.    Inspection  of  imported  goods,  octroi, terminal  tax  and toll, 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 the Chief Executive Officer 
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,  in  voice  or 
document of a like nature, which such person may possess relating to such goods, vehicles or animals.  

91. Power to seize, etc.—(1) Any person who takes or attempts to take past any octroi station or any 
other  place  appointed  within  a  cantonment  for  the  collection  of  octroi,  terminal  tax  or  toll  any  goods, 
vehicles  or  animals,  on  account  of  which  octroi,  terminal  tax  or  toll  is  leviable  and  thereby  evades,  or 
attempts  to  evade,  the  payment  of  such  octroi, terminal  tax  or  toll  and  any  person  who  abets  any  such 
evasion  or  attempt  at  evasion,  shall  be  punishable  with  fine  which  may  extend  either  to  ten  times  the 
value of such octroi, terminal tax or toll, or to two thousand five hundred rupees, whichever is greater, 
and which shall not be less than twice the value of such octroi, terminal tax or toll, as the case may be. 

 (2) In case of non-payment of any octroi or terminal tax or toll on demand, the officer empowered to 
collect  the  same  may  seize  any  goods,  vehicles  or  animals  on  which  the  octroi,  terminal  tax  or  toll  is 
chargeable or any part or number thereof which is of sufficient value to satisfy the demand and shall give 
a receipt specifying the items seized. 

 (3)  The  Chief  Executive  Officer,  or  an  officer  of  the  Board  authorised  by  him,  after  the  lapse  of            

five days from the seizure, and after the issue of a notice in writing to the person in whose possession the 
goods, vehicles or animals were at the time of seizure, fixing the time and place of sale, may cause the 
property so seized, or so much thereof as may be necessary, to be sold by auction to satisfy the demand 
and meet expenses occasioned by the seizure, custody and safe thereof, unless the demand and expenses 
are in the meantime paid:  

Provided  that  the  Chief  Executive  Officer  may,  in  any  case,  order  that  any  article  of  a  perishable 
nature which cannot be kept for five days without serious risk of damage, or which cannot be kept safe at 
a cost which, together with the amount of octroi, terminal tax or toll, is likely to exceed its value, shall be 
sold  after  the  lapse  of  such  shorter  times  as  he  may,  having  regard  to  the  nature  of  the  article,  think 
proper. 

43 

 
 
 
 (4) If, at any time before the sale has begun, the person whose property has been seized tenders to the 
Chief  Executive  Officer  the  amount  of  all  expenses incurred  and  of  the  octroi, terminal  tax  or  toll,  the 
Chief Executive Officer shall release the property seized. 

 (5) The surplus, if any, of the sale proceeds shall be credited to the cantonment fund, and shall, on 
application made to the Chief Executive Officer within six months after the sale, be paid to the person in 
whose  possession  the  property  was  at  the  time  of  seizure,  and,  if  no  such  application  is  made,  shall 
become the property of the Board.  

92. Lease of octroi, terminal tax or toll.—It shall be lawful for the Chief Executive Officer, with the 
previous sanction of the Board 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 the Chief Executive Officer for their guidance; 

 (b)  have  such  powers  exercisable  by  officers  or  employees  of  the  Board  under  this  Act  as  the 

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 the 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  the  Chief  Executive 

Officer.  

Appeals 

93.  Appeals  against  assessment.—(1)  An  appeal  against  the  assessment  or  levy  of,  or  against  the 

refusal to refund, any tax under this Act shall lie to the District Court.  

(2) If the District Court, on the hearing of an appeal under this section, entertains reasonable doubt on 
any question as to the liability to, or the principle of assessment of, a tax, the Court may, either on its own 
motion or on the application of the appellant, draw up statement of the facts of the case and the point on 
which doubt is entertained, and refer the statement with its opinion on the point for the decision of the 
High Court.  

(3) On a reference being made under sub-section (2), the subsequent proceedings in the case shall be, 
as  nearly  as  may  be,  in conformity  with  the rules relating  to  references  to  the High  Court contained in 
order XLVI of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908). 

Explanation.—For the purposes of this section and sections 94, 95, 96, 97 and 102, “District Court”, 
in  relation  to  a  cantonment,  means  the  Principal  Civil  Court  of  original  jurisdiction  having  jurisdiction 
over the area in which that cantonment is situated, and includes such other Civil Court having jurisdiction 
over  that  area  as  the  Central  Government  may,  by  notification  in  the  Official  Gazette,  specify  in  this 
behalf, in consultation with the High Court having jurisdiction over that area.  

94. Costs of appeal.—In every appeal the costs shall be in the discretion of the District Court hearing 

the appeal.  

95. Recovery of costs from Board.—(1) If the Board fails to pay any cost awarded to an appellant 
within ten days after the date of the order for payment thereof, the District Court awarding the costs may 
order the person having the custody of the balance of the cantonment fund to pay the amount. 

 (2) Where the appellant fails to pay any costs awarded to the Board within ten days after the date of 
the order for payment thereof, the same shall be recoverable by the Board in the same manner as moneys 
recoverable by the Board under section 324. 

96.  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 rateable value of buildings or lands or 
both, brought within thirty days next after the date of the authentication of the assessment list under 
section 77 (exclusive of the time required for obtaining a copy of the relevant entries therein), or, as 

44 

 
 
the  case  may  be,  within  thirty  days  of  the  date  on  which  an  amendment  is  finally  made  under           
section 79 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 there for by 
this section if the appellant satisfies the District Court before whom the appeal is preferred that he had 
sufficient cause for not preferring it within that period; 

(b)  the  amount  including  the  assessed  tax  or  duty,  if  any,  in  dispute  in  the  appeal  shall  be 
deposited  by  the  appellant  every  year  on  or  before  the  due  date  in  the  office  of  the  Board  till  the 
appeal is decided by the District Court.  

97.  Finality  of  appellate  orders.—The  order  of  a  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  the  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.  

Payment and recovery of taxes 

98. 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 manner, as 
the Chief Executive Officer may, by public notice, direct.  

99.  Public  notice  for  taxes  due.—(1)  When  any  tax  has  become  due  the  Chief  Executive  Officer 
shall  cause  a  separate  bill  and  public  notice  to  be  issued  as  well  as  published  in  a  local  newspaper 
specifying the tax and the period for which it is due for payment. 

 (2)  The  tax  shall  become  due  for  payment  from  the  date  of  issue  of  public  notice  under                   

sub-section (1) above.  

(3)  Any  non-receipt  of  a  Bill  by  a  person  shall  not  be  a  cause  for  non-payment  of  the  tax  notified 

under sub-section (1).  

100. Notice of demand.—(1) If the amount of tax for which public notice has been issued or a bill 
has been presented is not paid within thirty days from the issue of public notice or presentation of the bill, 
as the case  may  be,  the  Chief  Executive  Officer  may  cause to be served  upon  the  person  liable  for the 
payment of the same a notice of demand in the form set forth in Schedule I. 

 (2) For every notice of demand which the Chief Executive Officer causes to be served on any person 
under this section, a fee of such amount, not exceeding two hundred rupees as shall in each case be fixed 
by the Chief Executive Officer, shall be payable by the said person and shall be included in the costs of 
recovery. 

 101.  Recovery  of tax.—(1)  If  the  person  liable  for the  payment  of  any  tax  does  not,  within  thirty 

days  from  the  service  of  the  notice  of  demand,  pay  the  amount  due,  or  show  sufficient  cause  for                   
non-payment of the same to the satisfaction of the Chief Executive Officer, such sum, with all costs of 
recovery, may be recovered under a warrant, issued in the form set forth in Schedule II, by distress and 
sale of the movable property or attachment and sale of the immovable property of the defaulter: 

Provided that the Chief Executive Officer shall not recover any sum the liability for which has been 

remitted on appeal under this Chapter: 

Provided further that the sale of any immovable property attached under this sub-section shall not be 

made save under the orders of the Board. 

(2) Every warrant issued under this section shall be signed by the Chief Executive Officer. 

102. Interest payable on taxes due.—(1) If a person on whom a notice of demand has been served 
under section 100, does not, within thirty days from the service of such notice, pay the sum demanded in 

45 

 
 
the notice, he shall be liable to pay by way of interest, in addition to the sum and other charges due one 
per cent., of the sum due for each complete month from the date of expiry of the period of thirty days as 
aforesaid.  

(2)  The  amount  of  interest  shall  be  recoverable  in  the  same  manner  as  moneys  recoverable  by  the 

Board under section 324.  

Provided that— 

(a) where no appeal has been preferred, the Chief Executive officer with the previous sanction of 

the Board; and  

(b) in any other case, the District Court hearing the appeal under section 93,  

may remit the whole or any part of the interest payable in respect of any period.  

103. Distress.—(1) It shall be lawful for any official of the Board to whom a warrant issued under 
section 101 is addressed to distrain, wherever it may be found in the cantonment, any movable property of 
or standing timber, growing crops or grass belonging to the person therein named as defaulter, subject to 
the following conditions, exceptions and exemption, namely:— 

(a) the following property shall not be distrained— 

(i)  the  necessary  wearing  apparel  and  bedding  of  the  defaulter  or  of  his  wife  or  of  his 

children;  

(ii) tools of artisans;  

(iii) books of account; or  

(iv) when the defaulter is an agriculturist, his implements of husbandry, 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  Chief  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 in Schedule III to the person in possession thereof at the time of seizure that the said property 
will be sold as therein mentioned.  

104.  Disposal  of  distrained  property.—(1)  When  the  property  seized  is  subject  to  speedy  and 
natural decay, or when the expense of keeping it in custody is, when added to the amount to be recovered, 
likely to exceed its value, the Chief Executive Officer shall give notice to the person in whose possession 
the property was at the time of seizure that it will be sold at once, and shall sell it accordingly by public 
auction unless the amount mentioned in the warrant is forthwith paid.  

(2) If the warrant is not in the meantime suspended by the Chief Executive Officer, or discharged, the 
property seized shall, after the expiry of the period named in the notice served under sub-section (2) of 
section 103, be sold by public auction by order of the Chief Executive Officer. 

 (3)  For  every  distraint  made  under  this  Chapter  a  fee  of  such  amount,  not  exceeding  two  hundred 
rupees, as shall in each case be fixed by the Chief Executive Officer shall be charged, and the said fee 
shall be included in the costs of recovery. 

105.  Attachment  and  sale  of  immovable  property.—(1)  When  a  warrant  is  issued  for  the 
attachment  and  sale  of  immovable  property,  the  attachment  shall  be  made  by  an  order  prohibiting  the 
defaulter from transferring or charging the property in any way, and all persons from taking any benefit 
from such transfer or charge, and declaring that such property would be sold unless the amount of tax due 
with  all  costs  of  recovery  is  paid  in  the  office  of  the  Board  within  fifteen  days  from  the  date  of 
attachment.  

(2) An order under sub-section (1) shall be displayed at some place on or adjacent to such property by 
pasting the same conspicuously and by publishing the same in a newspaper having circulation in the area 

46 

 
 
in which the property is situated or by any other means or mode as may be considered appropriate by the 
Chief Executive Officer. 

(3)  Any  transfer  of  or  charge  on  the  property  attached  or  any  interest  thereon  made  without  the 
written  permission  of  the  Chief  Executive  Officer  shall  be  void  as  against  all  claims  of  the  Board 
enforceable under the attachment. 

(4) Where the sum due to the Board with the cost incurred by the Board in the sale of the property, 
including publication of notice in newspaper and a sum equal to five per cent. of the purchase money for 
payment  to  the  purchaser  is  paid  by  the  defaulter,  before  the  confirmation  of  the  sale  under                            
sub-section (5), the attachment, if any, of the immovable property shall be deemed to have been removed. 

(5) After the sale of the property by auction as aforesaid, it shall be confirmed in writing by the Chief 
Executive  Officer  who  shall put  the  person  declared to  be  the  purchaser in  possession of the  same  and 
shall grant him a certificate to the effect that he has purchased the property to which the certificate refers. 

(6) The Central Government may make rules for— 

(a)  regulating  the  manner  of  execution  of  warrants  for  the  attachment  and  sale  of  immovable 

property; 

(b) charging of fees for the attachment and sale of immovable property, to be included in the cost 

of recovery of the tax due;  

(c) summary determination of any claim made by any person other than the person liable for the 

payment of any tax, in respect of any property attached in execution of warrant under this section.  

106. Recovery from a person about to leave cantonment and refund of surplus sale proceeds, if 
any.—(1) If the Chief Executive Officer has reason to believe that any person from whom any sum is due 
or is about to become due on account of any tax is about to move from the cantonment, he may direct the 
immediate  payment  by  such  person  of  the  sum  so  due  or  about  to  become  due,  and  cause  a  notice  of 
demand for the same to be served on such person.  

(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. 

 (3) The surplus of the sale proceeds arising out of section 104, section 105 and this section, if any, 
shall immediately after the sale of the property, be credited to the cantonment fund, and the notice of such 
credit  shall  immediately  be  given  to  the  person  whose  property  has  been  sold,  or  to  his  legal 
representative and, if such money is claimed, within a period of one year from the date of notice, a refund 
thereof shall be made to the said person or his representative. 

 (4) Any surplus of the sale proceeds not claimed within one year as aforesaid shall be the property of 

the Board. 

107. Power to institute suit for recovery.—Instead of proceeding against a defaulter by distress and 
sale of movable property or 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.  

Special provisions relating to taxation, etc 

108.  Board  to  be  a  Municipality  for  taxation  purposes.—A  Board  shall  be  deemed  to  be  a 

municipal committee for the purposes of taxation as per the Municipal Taxation Act, 1881 (11 of 1881).  

109.  Payment  to  be  made  to  a  Board  as  service  charges  by  Central  Government  or  State 
Government.—The Central or the State Government, as the case may be, shall pay to a Board annually 
service charges for providing collective municipal services or development work in a cantonment where 

47 

 
 
the  Central  or  the  State  Government  properties  are  situated  as  worked  out  by  the  Board  based  on  the 
guidelines issued in this behalf by the Central Government or the State Government.  

110.  Power  to  make  special  provision  for  conservancy  in  certain  cases.—A  Board  may  make 
special provisions for the cleansing of any factory, hotel, club or group of buildings or lands 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 
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 the Board of the 

services to be rendered.  

111. Exemption in case of buildings.—(1) When in pursuance of section 110, a Board has fixed a 
special rate for the cleansing of any factory, hotel, club or group of buildings or lands, such premises shall 
be exempted from the payment of conservancy or scavenging tax imposed in the cantonment.  

(2) The following buildings and lands shall be exempt from any property tax other than tax imposed 

to cover the cost of specific services rendered by the Board, namely:— 

(a) places set apart for public worship and either actually so used or used for no other purpose and 

rendering services free of cost without deriving any income whatsoever;  

(b)  buildings  used  for  educational  purposes,  public  libraries,  playgrounds  and  dharamshalas 

which are open to the public and from which no income is derived;  

(c) hospitals and dispensaries maintained wholly by charitable contributions;  

(d) burning and burial grounds, not being the property of the Government or a Board, which are 

controlled under the provisions of this Act; 

(e) buildings or lands vested in a Board; and  

(f)  any  buildings  or  lands,  or  portion  of  such  buildings  or  lands,  which  are  the  property  of  the 

Government. 

112.  General Power of exemption.—The  Central  Government  may,  by  notification in the  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 goods.  

113. Exemption of poor persons.—A 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 in its 
opinion is by reason of poverty unable to pay the same. 

114.  Composition.—(1)  The  Board  may,  with  the  previous  sanction  of  the  General  Commanding 

Officer-in-Chief, the Command, allow any person to compound for any tax.  

(2) Every sum due by reason of the composition of a tax under sub-section (1) shall be recoverable as 

if it were a tax.  

115. Irrecoverable debts.—The Board may write off any sum due on account of any tax or rate or of 

the costs of recovering any tax or rate if such sum is, in its opinion, irrecoverable: 

 Provided that, where the sum written off in favour of any one person exceeds two thousand and five 
hundred rupees, the sanction of the General Officer Commanding-in-Chief, the Command shall be first 
obtained. 

116. Obligation to disclose liability.—(1) The Chief Executive Officer, may, by written notice, call 
upon any inhabitant of the cantonment to furnish such information as may be necessary for the purpose of 
ascertaining— 

(a) whether such inhabitant is liable to pay, or has correctly paid, any tax imposed under this Act; 

(b) at what amount he should be assessed; or  

48 

 
 
(c) the annual value of the building or land which he occupies and the name and address of the 

owner or lessee thereof. 

 (2) If any person, when called upon under sub-section (1) to furnish information, neglects to furnish 
it within the period specified in this behalf by the Chief Executive Officer or furnishes information which 
is not true to the best of his knowledge or belief, he shall be punishable with fine which may extend to 
five thousand rupees and shall also be liable to be assessed at such amount on account of tax as the Chief 
Executive Officer may deem proper, and the assessment so made shall, subject to the provisions of this 
Act, be final.  

117. 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  such  compensation  for  the 
same, as the Board may decide.  

118. Distraint not to be invalid by reason of immaterial defect.—No 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,  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 such compensation for the 
same, as the Board may decide. 

CHAPTER VI 

CANTONMENT FUND AND PROPERTY 

Cantonment fund and cantonment development fund 

119. Cantonment fund and cantonment development fund.—(1) There shall be formed for every 
cantonment  a  cantonment  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, 1924 (2 of 1924); 

(b) all sums received by or on behalf of the Board.  

(2) There shall also be formed for every cantonment, a cantonment development fund and there shall 

be placed to the credit, thereof the following sums, namely:— 

(i)  any  sum  received  from  the  Central  Government  or  the  Government  of  any  State  by  way  of 
contributions, grants, subsidies or by any other way for the implementation of any specific scheme or 
for the execution of any specific project;  

(ii) any sum received from any individual or association of individuals by way of gift or deposit; 

and  

(iii)  any  sum  raised  or  borrowed  under  section  121  for  the  execution  of  specific  development 

projects. 

120. Custody of cantonment fund and cantonment development fund.—(1) The cantonment fund 
and  the  cantonment  development  fund  shall  be  kept  in  separate  accounts  which  shall  be  maintained  in 
State Bank of India or any of its subsidiary banks or any nationalised bank or any scheduled commercial 
bank having its branch either in the cantonment or in the municipal area adjoining the cantonment. 

Explanation.—In this section,— 

(i)  “nationalised  bank”  means  corresponding  new  bank  specified  in  the  First  Schedule  to  the 
Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970) or the Banking 
Companies (Acquisition and Transfer of Undertakings) Act,1980 (40 of 1980);  

49 

 
 
 (ii) “State Bank of India” means the State Bank of India constituted under the State Bank of India 

Act, 1955 (23 of 1955);  

(iii)  “subsidiary  bank”  means  a  subsidiary  bank  as  defined  in  the  State  Bank  of  India             

(Subsidiary Banks) Act, 1959 (38 of 1959).  

(2) The Chief Executive Officer may with the previous sanction of the President Cantonment Board 
may  invest  any  portion  of  cantonment  fund  or  cantonment  development  fund  in  securities  of  Central 
Government or in such securities, including fixed deposits in banks in the best interest of the Board and 
may dispose of such investments or vary them for others of a like nature. 

(3)  The  income  resulting  from  any  fixed  deposit  or  from  any  such  securities  as  is  referred  to  in                

sub-section (2) or from the proceeds of the sale of any such security shall be credited to the cantonment 
fund or, as the case may be, the cantonment development fund.  

(4)  Every  action  taken  under  sub-sections  (2)  and  (3)  may  be  subsequently  brought  to  the  next 

meeting of the Board.  

121. Power of Board to borrow money.—A Board may from time to time by a resolution passed in 
this  behalf  borrow  money  from  another  Board,  on  mutually  agreeable  terms  any  sum  of  money  which 
may be required for the schemes or projects covered under this Act. 

property 

122. Property.—Subject to any special reservation made by the Central Government all property of 
the nature hereinafter in this section specified which has been acquired or provided or is maintained by a 
Board shall vest in and belong to that 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  water-works  for  the  supply,  storage  or  distribution  of  water  for  public  purposes  and  all 

bridges, buildings, engines, materials, and things connected there with or appertaining thereto; 

(c) all sewers, drains, culverts and water-courses, and all works, materials and things appertaining 

thereto;  

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

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

(f) all lands or other property transferred to the Board 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. 

123.  Application  of  cantonment  fund,  cantonment  development  fund  and  property.—The 
cantonment fund, cantonment development fund and all property vested in a 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 the Board: 

Provided  that  the  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 the Central Government, and 

(b) on such terms and conditions as the Central Government may impose:  

Provided  further  that  priority  shall  be  given  in  the  order  hereinafter  set  forth  to  the  following 

liabilities and obligations of a Board, that is to say,— 

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

Board;  

50 

 
 
(b) to the repayment of, and the payment of interest on, any loan incurred under the provisions of 

the Local Authorities Loan Act, 1914 (9 of 1914) or under the provisions of this Act.  

(c) to the payment of establishment charges;  

(d) 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.  

124.  Acquisition  of  immovable  property.—When  there  is  any  hindrance  to  the  permanent  or 
temporary  acquisition  upon  payment  of  any  land  required  by  a  Board  for  the  purposes  of  this  Act,  the 
Central Government may, on the recommendation of the Board, procure the acquisition there of under the 
provisions  of  the  Land  Acquisition  Act,  1894  (1  of  1894),  and  on  payment  by  the  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 the Board.  

125.  Power  to  make  rules  regarding  cantonment  fund,  cantonment  develpment  fund  and 
property.—The 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 by Boards or on which property vested in a 

Board may be transferred by sale, mortgage, lease, exchange or otherwise; and  

(b)  any  other  matter  relating  to  the  cantonment  fund  or  cantonment  development  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 the Central Government necessary. 

CHAPTER VII  
CONTRACTS 

126. Contracts by whom to be executed.—Subject to the provisions of this Chapter, every Board 

shall be competent to enter into and perform any contract necessary for the purposes of this Act. 

127. Sanction.—(1) Every contract— 

(a) for which budget provision does not exist, or 
(b) which involves a value or amount exceeding rupees fifty thousand shall require the sanction 

of the Board. 
(2) Every contract other than a contract such as is referred to in sub-section (1) shall be sanctioned by 

the Chief Executive Officer on behalf of the Board. 

128.  Execution  of  contract.—(1)  Every  contract  made  by  or  on  behalf  of  a  Board,  the  value  or 
amount  of  which  exceeds  fifty  thousand  rupees,  shall  be  in  writing,  and  every  such  contract  shall,  be 
signed by two members, of whom the President or the Vice-President shall be one, and be countersigned 
by the Chief Executive Officer and be sealed with the common seal of the Board.  

(2) Where the Chief Executive Officer executes a contract on behalf of the Board sanctioned under 
sub-section (2) of section 127, he shall submit a report, on the execution of the contract, to the Board at its 
next meeting. 

129. Contracts improperly executed not to be binding on a Board.—If any contract is executed by 
or on behalf of a Board, otherwise than in conformity with the provisions of this Chapter, it shall not be 
binding on the Board. 

CHAPTER VIII 

SANITATION AND THE PREVENTION AND TREATMENT OF DISEASE 

Sanitary authorities 

130.  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)  the  Officer  Commanding  the  army  in  the  cantonment—all  buildings  and  lands  which  are 

occupied or used for army purposes;  

51 

 
 
(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 air force in the cantonment—all buildings and lands which are 

occupied or used for air force purposes; 

 (d) the Officer Commanding the station in the cantonment—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;  

(f)  the  head  of  any  establishment  or  installation  of  the  Defence  Research  and  Development 
Organisation in the cantonment—buildings and lands which are occupied or used for the purposes of 
the Defence Research and Development Organisation in the cantonment;  

(g)  the  head  of  a  Public  Sector  Undertaking—the  buildings  and  lands  belonging  to  such 

undertaking in the cantonment;  

(h) the Chief Executive Officer—the buildings and lands in the civil area of the cantonment and 

all other buildings and lands not covered in clauses (a) to (g) above. 

131. General duties of Health Officer.—(1) The Health Officer shall be the Advisor to the Board in 
all matters relating to sanitation and exercise a general sanitary supervision over the cantonment and shall 
periodically submit a report along with his recommendations at least once in every month to the Board. 

(2)  The  Assistant  Health  Officer  shall  perform  such  duties  in  connection  with  the  sanitation  of  the 

cantonment as are, subject to the control of the Board, allotted to him by the Health Officer. 

Conservancy and sanitation 

132.  Public  latrines,  urinals  and  conservancy  establishments.—All  public  latrines  and  urinals 
provided or maintained by a Board shall be so constructed as to provide separate compartments for each 
sex and the compartments so constructed shall be made accessible to and barrier free for the persons with 
disabilities  and shall  be  provided  with all  necessary  conservancy  establishments,  and  shall  regularly  be 
cleansed and kept in proper order. 

133. 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 Chief Executive Officer 
for 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) of section 135. 

(2) For the purpose of this section and section 134, “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.  

134. Power of Board to undertake private conservancy arrangement.—(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 of the Chief Executive Officer for the matters referred to in 
this section, without such consent, and after giving notice in writing to the occupier, the Chief Executive 
Officer may undertake the house scavenging of any building or land in the cantonment for such period as 
he thinks fit on such terms as he may specify in this behalf. 

(2) Where the Chief Executive Officer has undertaken the duties referred to in this section, all matter 

removed in the performance of such duties shall be the property of the Board. 

52 

 
 
135.  Deposits  and  disposal  of  rubbish,  etc.—(1)  Every  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, car cases of dead animals and sewage.  

(2) The Chief 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 the Board.  

136. Cesspools, receptacles, for filth, etc.—The Chief 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 any cesspool appertaining to the land or building which, in the opinion of the Chief 

Executive Officer, is a nuisance, or  

(ii) to keep in a clean condition, in such manner as may be prescribed by notice, any receptacle 

for filth or sewage accumulating on the land or in a 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 the Board, within 
such time and in such receptacle or place, as may be specified in the notice, any offensive matter or 
rubbish which such person has allowed to accumulate or remain under, in or on such building or 
land; or  

(b) require any person to desist from making or altering 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.  

137. Filling up of tank, etc.—(1) Where any well, tank, cistern, reservoir container, desert cooler or 
any other, receptacle or place in the cantonment where water is stored or accumulated, 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, 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)  The  Board  may  from  time  to  time  take  such  measures  as  are  necessary  in  its  opinion  for 
prevention of breeding of mosquitoes, insects or any bacterial or viral carriers of disease in public places 
under the control or management of the Board. 

 (3)  The  Board  may,  if  it  thinks  fit,  meet  the  whole  or  any  portion  of  the  expenses  incurred  in 

execution of work mentioned in sub-sections (1) and (2) of this section.  

138. Provision of latrines, etc.—The Chief Executive Officer may, by notice in writing, require the 
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, dust-bin or other receptacle for filth, sewage, or rubbish, or any 
additional  latrine,  urinal,  cesspool  or  other  receptacle  as  aforesaid,  which  should,  in  his  opinion,  be 
provided for the building or land.  

139. 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 the 
Chief  Executive  Officer,  and  shall  provide  such  latrines  and  urinals,  and  shall  employ  such  number  of 

53 

 
 
sweepers,  as  the  Chief  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  the  Factories              

Act, 1948 (63 of 1948) applies. 

 140.  Private  latrines.—Subject  to  the  provisions  of  the  Employment  of  Manual  Scavenger  and 
Construction  of  Dry  Latrine  (Prohibition)  Act,  1993  (46  of  1993),  the  Chief  Executive  Officer  or  any 
official of the Board authorised by him 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,  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 an official of the Board authorised by the Chief 
Executive  Officer,  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 to 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 the Chief Executive Officer, 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 neighborhood, or 

(ii) to cleanse in such manner as the Chief Executive Officer may 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. 

141.  Special  provisions  for  collection  of  rubbish  and  solid  waste  management.—(1)  All  solid 
waste material generated in a cantonment shall be removed by the Board and be brought to the compost 
sites or sanitary land sites or trenching sites earmarked by it for the purpose. 

(2) The Board shall also devise schemes for collecting rubbish and garbage from each house in the 

cantonment  and  may,  if  considers  necessary,  associate  residents'  welfare  associations  or  such  other            
non governmental organisation for this purpose.  

(3)  As  far  as  possible  the  Board  shall  devise  appropriate  system  to  ensure  that  all  compostable  or            

bio-degradable waste in the cantonment is recycled and used for generating manure, bio-gas or any other 
form of energy.  

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

(a) the Health Officer,  

(b) the Civil Surgeon of the district or, if his services are not available, some other medical officer 

in the service of the Government,  

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

54 

 
 
(d) two non-official members of the Board. 

(2) The committee shall make a report in writing to the 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, the 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 the Board shall make compensation as it thinks fit to the owners for any buildings so 

removed which have been erected under proper authority: 

Provided further that the 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. 

 143. Overcrowding of dwelling houses.—(1) Where it appears to a 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 in writing 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  to  two  thousand  five  hundred 
rupees, and, in the case of a continuing offence, to an additional fine which may extend to two hundred 
fifty rupees for everyday after the first during which the failure has continued.  

144. 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  the  Board,  in  an  insanitary  state,  the  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 pasted 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.  

145.  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  Chief  Executive  Officer,  a  nuisance  to  persons  residing  in  the 

neighbourhood; or 

(iii)  overgrown  with  prickly-pear  or  rank  and  noisome  vegetation  the  Chief  Executive  Officer 
may,  by  notice  in  writing,  require  the  owner,  lessee  or  occupier  of  such  building  or  land  to  clean,        
lime-wash  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  thousand  rupees,  and,  in  the  case  of  a  continuing  offence,  with  an 
additional fine which may extend to two hundred fifty rupees for each day after the first during which the 
offence continues.  

55 

 
 
146. Prohibition in respect of air pollutant.—No owner, occupier, lessee or any other occupant of 
the premises  shall allow  or  cause to  be  allowed  any  air pollutant  above  the  standards, laid  down  under 
clause  (g)  of  sub-section  (1)  of  section  17  of  the  Air  (Prevention  and  Control  of  Pollution)                               
Act, 1981 (14 of 1981).  

147. Power to order disuse of house.—If a 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 pasted 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 the Board.  

148.  Removal  of  noxious  vegetation.—The  Chief  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  appears  to  him  to  be  injurious  to  health  or  offensive  to 
persons residing in the neighbourhood.  

 149.  Agriculture  and  irrigation.—Where,  in  the  opinion  of  a  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,  the  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 the 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 there on, the 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.  

Burial and burning grounds 

150. Power to call for information regarding burial and burning grounds.—The Chief 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. 

151. 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 the Board.  

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

152. Power to require closing of burial or burning ground.—(1) Where a 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 the 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  the  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  the  Central  Government  sanctions  the  issues  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 willing to provide a new burial or burning ground, the Central Government shall require a 
grant to be made from the cantonment fund towards the cost of the same.  

56 

 
 
(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.  

153. Exemption from operation of sections 150 to 152.—The provisions of sections 150, 151 and 
152 shall not apply in the case of any burial ground which is for the time being managed by or on behalf 
of the Government. 

154. Removal of corpses.—The Board may, by public notice, prescribe routes in the cantonment by 

which alone corpses may be removed to burial or burning grounds.  

Prevention of infectious, contagious or communicable diseases 

155.  Obligation  concerning  infectious,  contagious  or  communicable  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, communicable 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,  communicable  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, communicable 
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, 
communicable 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, communicable 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 there from 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 one thousand 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.  

156.  Blood  Bank.—Subject  to  the  provisions  of  any  Act  made  in  this  regard  and  the  rules  and 
regulation made thereunder, whoever, being in charge of a blood bank or any other establishment which 
collects or supplies blood, plasma, marrow or any other substance for transfusion or treatment of patients 
or for any other medical use, fails to take adequate precautions or exercise adequate supervision thereby 
leading  to  or  resulting  in  the  supply  of  infected  or  contaminated  blood,  plasma,  marrow  or  any  other 
substance, shall be punishable with imprisonment which may extend to five years or with fine which may 
extend to one lakh rupees or with both. 

157. Special measures incase 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 

57 

 
 
 
the inhabitants thereof or of any epidemic disease among any animals therein, the Officer Commanding 
the  Station,  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 the 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 the Officer Commanding the Station, immediate measures are 
necessary, he may take action without such sanction as aforesaid and, if he does so, shall forthwith report 
such action to the Central Government. 

(2)  Whoever  commits  a  breach  of  any  temporary  regulation  made  under  sub-section  (1)  shall  be 

deemed to have committed an offence under section 188 of the Indian Penal Code (45 of 1860).  

158.  Power  to  require  names  of  dairyman's  customers.—Where  it  is  certified  to  the  Chief 
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  Chief  Executive  Officer  may,  by  notice  in  writing,  require  the  dairyman,  with  in 
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.  

159.  Power  to  require  names  of  a  washerman's  customers.—Where  it  is  certified  to  the  Chief 
Executive  Officer  by  the  Health  Officer  that  it  is  desirable,  with  a  view  to  prevent  the  spread  of  any 
infectious or contagious disease in the cantonment, that the Health Officer should be furnished with a list 
of the customers of any washerman, the Chief 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. 

Explanation.—For the purposes of this section, the expression “washerman” shall mean an individual, 

body corporate, association of persons engaged in washing clothes in a cantonment. 

160. Power to require names of patients or customers of a medical practitioner or paramedical 
workers.—Where it is certified to the Chief Executive Officer by the Health Officer or a doctor in the 
employment  of  the  Board  that  there  is  apprehension  of  the  outbreak  or  spreading  of  any  infectious  or 
contagious or communicable disease in the cantonment because of use of contaminated needles, syringes 
or any other such equipment by a medical practitioner or by any paramedical worker, the Chief Executive 
Officer may, by notice in writing, require the medical practitioner or the paramedical worker, 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 or patients within the cantonment, or to give him such information as will 
enable him to trace the persons whom the medical practitioner or the paramedical worker has attended to 
or treated in the six weeks preceding the date of issuing the notice. 

161.  Report  after  inspection  of  dairy  or  washerman  or  medical  practitioner's  place  of 
business.—Where,  after  inspection  the  Health  Officer  is  of  opinion  that  any  infectious,  contagious  or 
communicable 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, or from use of contaminated needles, syringes or other such equipment by a 
medical practitioner or any paramedical staff, he shall report the matter to the Chief Executive Officer. 

162.  Action  on  report  submitted  by  Health  Officer.—Upon  receipt  of  a  report  submitted  by  the 

Health Officer under section 161, the Chief Executive Officer may, by notice in writing,— 

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

58 

 
 
(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 process, as the Chief Executive Officer may direct in the notice; or  

(c)  prohibit  the  medical  practitioner  or  the  paramedical  worker  from  using  any  such  needles, 
syringes or other such equipment unless the notice is withdrawn or rectification as may be required in 
the notice is carried out.  

163.  Examination  of  milk,  washed  clothes  or  needles,  syringes,  etc.—The  Health  Officer  or  a 
doctor in the employment of the Board may take possession of any milk, clothes or other articles which 
are  or  have  recently  been  in  the  possession  of  any  dairyman  on  whom  a  notice  has  been  served  under 
section 158, or of any clothes or other articles which are or have recently been in the possession of any 
washerman, on whom a notice has been served under section 159, or any needles, syringes or such other 
equipment which are or have recently been in the possession of the medical practitioner or paramedical 
worker to whom a notice under section 160 has been issued and may subject the same or cause the same 
to be subjected to such chemical or other process as he may think necessary; and the Board shall pay from 
the cantonment fund all the costs of the process and shall also pay to the owner of the  milk, clothes or 
other articles such sum as compensation for any loss occasioned by such process as may appear to it to be 
reasonable. 

164. 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 there after 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 Chief Executive Officer the number of the 
conveyance and the name of the person so notified. 

165. Disinfection of public conveyance.—(1) Where any person suffering from, or the corpse of any 
person who has died from, an infectious, communicable 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 
Chief  Executive  Officer  who  shall  forth  with  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 Chief Executive Officer has granted 

a certificate stating that it can be used without causing risk of infection. 

166. Penalty for failure to report.—Whoever fails to make to the Chief Executive Officer any report 
which  he  is  required  to  make  by  section  164  or  section  165  shall  be  punishable  with  fine  which  may 
extend to one thousand rupees.  

167.  Driver  of  conveyance  not  bound  to  carry  person  suffering  from  infectious  or  contagious 
disease.—Notwithstanding anything contained in any law for the time being in force, no owner, driver or 
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  fixed  by  the  Chief  Executive  Officer  from  time  to  time,  to  cover  any  loss  and  expense 
which would ordinarily be incurred in disinfecting the conveyance.  

168. Disinfection of building or articles therein.—Where a 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, the Board may by notice in writing, require the owner or 

59 

 
 
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 the Board the owner or occupier is from poverty or any other 
cause  unable  effectually  to  carry  out  any  such  requisition,  the  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.  

169.  Destruction  of  infectious  hut  or  shed.—(1)  Where  the  destruction  of  any  hut  or  shed  in  a 
cantonment is, in the opinion of the Board, necessary to prevent the spread of any infectious or contagious 
disease,  the  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  Board  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) The Board shall pay compensation to the owner of any hut or shed destroyed under this section. 
170.  Temporary  shelter  for  inmates  of  disinfected  or  destroyed  building  or  shed.—The  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  under  section  168  or  section  169,  and  who  desire  such  shelter  or 
accommodation as aforesaid to be provided for them.  

171. 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 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  Chief  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 a 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. 

172.  Disposal  of  infected  article  without  disinfection.—No  person  shall,  without  previous 
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.  

173.  Means of disinfection.—(1) Every 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 the Chief Executive Officer may fix.  
(2)  The  Chief  Executive  Officer  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 Chief Executive Officer 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.  

174.  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 to five thousand rupees.  

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175.  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, the Chief Executive Officer on behalf 
of  the  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.  

176. Control over wells, tanks, etc.—(1) If the Chief Executive Officer on the advice given by the 
Health Officer is of opinion that the water in any well, tank or other place is likely, if used for drinking, to 
endanger, 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  

(c) take such other steps as it may consider expedient to prevent the outbreak or spread of any 

such disease.  

(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.  

177. Disposal of infectious corpse.—Where any person has died in a cantonment from any infectious 

or contagious disease, the Chief 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 for the purpose 

of being buried or burned or of being conveyed to a mortuary. 

Hospitals and dispensaries 

178. Maintenance or aiding of hospitals or dispensaries.—(1) A 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 dispensary 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 diseases. 

(3) The Medical Officer appointed by the Board shall be in charge of every Hospital and dispensary 
maintained or aided under this section and be responsible to the Health Officer for medical activities and 
to the Chief Executive Officer for over all administrative activities of the hospital.  

179. Medical supplies, appliances, etc.—(1) Every hospital or dispensary maintained or aided under 
section  178  shall  be  maintained  in  accordance  with  any  general  or  special  orders  of  the  Central 
Government for the conduct of hospitals and dispensaries or in accordance with the said orders modified 
in such manner as the Central Government may think fit.  

(2) The 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.  

180. Free patients.—At every hospital or dispensary maintained or aided under section 178, the sick 
poor of the cantonment, and other inhabitants of the cantonment suffering from infectious, communicable 
or contagious disease, and, with the sanction of the Board, any other sick persons, may receive medical or 

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surgical treatment free of cost, and, if treated as in-patients, shall be either dieted gratuitously or, if the 
medical  officer in charge  so  directs,  shall  be  granted subsistence  allowance  on such  scale  as the  Board 
may fix.  

181.  Paying  patients.—Any  sick  person  who  is  ineligible  to  receive  medical  or  surgical  treatment 
free of cost in any hospital or dispensary under section 180 may be admitted for treatment therein upon 
such terms as the Board thinks fit. 

182.  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 under section 178 has reason to 
believe  that  any  person  living  in  the  cantonment  is  suffering  from  an  infectious,  communicable  or 
contagious disease, he may, by notice in writing, 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, communicable or contagious disease:  

Provided that, if, having regard to the nature of the disease or the condition of the person suffering 
there from, 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  disease or the  condition  of  the  person  suffering 
there from, 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.  

183. Power to exclude from cantonment persons refusing to attend hospital or dispensary.—(1) 
If  the  Health  Officer  or  the  Medical  Officer  in  charge  of  a  hospital  or  dispensary  maintained  or  aided 
under  section  178  reports  in  writing  to  the  Officer  Commanding  the  station  that  any  person  having 
received  a  notice  under  section  182  has  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 under section 182, the Officer Commanding the station may, by order in writing, 
direct  such  person  to  be  removed  from  the  cantonment  within  twenty-four  hours  and  not  to  re-enter  it 
without his permission in writing. 

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

Control of traffic for hygienic purposes 

184. Routes for pilgrims and others.—(1) A Board may provide or prescribe suitable routes for the 

use of persons assing 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 the Board.  

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Special conditions regarding essential services 

185.  Conditions  of  service  of  safai  karamcharis  and  others.—(1)No  person  employed  in  any 
service,  or  being  employed  in  connection  with  the  working  of  any  system  of  public  conservancy  or 
sanitation  or  water  supply  or  hospitals  or  dispensaries  or  electric  supply  or  public transport  services  or 
such other essential services under a Board in any cantonment area, shall, in the absence of any contract, 
resign without reasonable cause or absent himself from duty without proper authority and in case of such 
resignation  or  absence  from  duty  he  shall  be  punishable  with  imprisonment  which  may  extend  to  one 
month; and the conditions of service specified herein shall, invariably be mentioned in the appointment 
letter of the persons employed to said services. 

(2) The Central Government may, by notification in the 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 employees employed by a Board whose functions intimately concern the public health 
or safety. 

CHAPTER IX 

WATER-SUPPLY, DRAINAGE AND SEWAGE COLLECTION 

Water-supply 

186. Maintenance of water-supply.—(1) In every cantonment where a sufficient supply of potable 
water  for  domestic  use  does  not  exist,  the  Board  shall  provide  or  arrange  for  the  provision  of  such  a 
supply. 

 (2) The Board shall, as far as possible, make adequate provision that such supply shall be continuous 

throughout the year, and that the water shall be at all times fit for human consumption.  

(3)  It  shall  be  the  duty  of  every  Board  to  practise  and  propagate  the  scientific  methods  of  water 
harvesting including harvesting of rain water for use and make arrangement for recharging the sources of 
ground  water  including  underground  aquifers  and  to  preserve  rivers,  streams,  springs  and  other  natural 
sources of water within and in the vicinity of the cantonment.  

187. Terms of water-supply.—In this Chapter, unless the context otherwise requires, the following 
words  and  expression  in  relation  to  water  supply  shall  have  the  respective  meanings  given  below, 
namely:— 

(1) “communication pipe” means:— 

(a) where the premises supplied with water abut on the part of the street in which the main is laid, 
and the service pipe enters those premises otherwise than through the outer wall of a building abutting 
on the street and has a stopcock placed in those premises and as near to the boundary of that street as 
is reasonably practicable, so much of the service pipe as lies between the main and that stopcock; 

(b) in any other case, so much of the service pipe as lies between the main and the boundary of 
the street in which the main is laid, and includes the ferrule at the junction of the service pipe with the 
main, and also,— 

(i) where the communication pipe ends at in a stopcock, that stopcock, and  

(ii) any stopcock fitted on the communication pipe between the end thereof and the main. 

(2)  “main”  means  a  pipe  laid  by  the  Board  for  the  purpose  of  giving  a  general  supply  of  water  as 
distinct from a supply to individual consumers and includes any apparatus used in connection with such a 
pipe.  

(3) “service pipe” means so much of any pipe for supplying water from a main to any premises as is 

subject to water pressure from that main, or would be so subject but for the closing of some tap.  

(4) “supply pipe” means so much of any service pipe as is not a communication pipe.  

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(5)  “trunk  main”  means  a  main  constructed  for  the  purpose  of  conveying  water  from  a  source  of 
supply to a filter or reservoir or from one filter or reservoir to another filter or reservoir, or for the purpose 
of conveying water in bulk from one part of the limits of supply to another part of those limits, or for the 
purpose of giving or taking a supply of water in bulk.  

(6) “water fittings” includes pipes (other than mains), taps, cocks, valves, ferrules, meters, cisterns, 

baths and other similar apparatus used in connection with the supply and use of water.  

188.  Board  to  carry  out  survey  and  formulate  proposals.—(1)  The  Board  may,  when  so 

required,— 

(a)  carry  out  a  survey  of  the  existing  consumption  of  and  demand  for  water  supplies  in 

cantonment and of the water resources in or likely to be made available in the cantonment;  

(b) prepare an estimate of the future water supply requirements of the cantonment;  

(c) carry out a survey of the existing quantity of sewage collection; 

(d) formulate proposals as to— 

(i) the existing or future water supply requirements of the cantonment;  

(ii)  the  existing  or  future  sewage  collection  requirement  in  cantonment  including  proposals 
for the manner in which and the place or places at which sewage should be carried, collected and 
treated.  

(2) If the Board is of the opinion that the works and other properties for the time being vested in the 
Board,  are  inadequate  for  the  purpose  of  sufficient  supply  of  water  or  for  the  purpose  of  efficient 
collection of sewage under this Act it may take steps in accordance with the provisions of this Act for the 
construction of additional works, whether within cantonment or outside the cantonment with the approval 
of the Principal Director and for the acquisition of additional properties for such works. 

189. Control over sources of public water-supply.—(1) The Board may, with the previous sanction 
of  the  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  and  in  use  of  the  Military  Engineer  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 source of public 
water-supply.  

(2) Every such source shall be under the control of the Board and it shall be the duty of the Board to 

preserve and maintain such source.  

190.  Power  to  require  maintenance  or  closing  of  private  source  of  public  drinking                  

water-supply.—The Chief 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 the Chief Executive Officer may 

direct; or  

(c) if the water therein is proved to the satisfaction of the Chief 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 the Board for the use of the public, 
and, if he does so, he shall not be bound to carry out the requisition, and the Board shall undertake the 
control and supervision of the well.  

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191.  Supply  of  water.—(1)  Subject  to  the  guidelines  made  by  the  Board  in  this  regard,  the  Chief 
Executive  Officer  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 may be specified 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 the Chief Executive Officer 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 the Board may fix keeping in view its financial viability.  

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

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

(b) any trade, manufacture or business;  

(c) fountains, swimming baths or any ornamental or mechanical purpose;  

(d) gardens or for purposes of irrigation;  

(e) making or watering roads or paths; or  

(f) building purposes.  

192. Power to require water-supply to be taken.—If it appears to the Chief Executive Officer that 
any building or land in the cantonment is without a proper supply of potable water, the Chief Executive 
Officer may, by notice in writing, require the owner, lessee or occupier of the building or land to obtain 
from a source 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. 

193. Supply of water under agreement.—(1) Subject to the guidelines made by the  Board in this 
regard, the Chief Executive Officer 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 for any purpose, 
other than a domestic purpose, on such terms and conditions, consistent with this Act and the rules and 
bye laws made thereunder, as may be agreed upon between the Chief Executive Officer and such owner, 
lessee or occupier.  

(2) The Chief Executive Officer 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  of  water  for 
domestic use by inhabitants of the cantonment.  

194.  Board  not  liable for  failure  of  supply.—Notwithstanding  any  obligation imposed  on  Boards 
under this Act, a 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 curtailment, 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 
under section 193, the Board has made express provision for forfeiture, penalty or damages in the event of 
such failure or curtailment.  

195.  Conditions  of  universal  application.—Notwithstanding  anything  herein  before  contained  or 
contained  in any  agreement  under  section  193,  the  supply  of  water  by  a  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 the 
Board  is  wasted  by  reason  of  the  pipes,  drains  or  other  works  being  out  of  repair  shall,  if  he  has 
knowledge thereof, give notice of the same to such officer as the Chief Executive Officer may appoint 
in this behalf;  

(b) the Chief Executive Officer or any other officer or employee of the Board authorised by him 
in writing in this behalf may enter into or on any premises supplied with water by the Board, for the 

65 

 
 
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) the Chief 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 
there from, or turn off such supply if— 

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

(ii) the  occupier  refuses to  admit  the  Chief  Executive  Officer  or  other  authorised  officer  or 
employee of the Board into the building or land for the purpose of 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,  taps,  works  or  fittings  connected  with the  supply  of  water  to  the building  or 
land are found, on examination by any other officer or employee of the Board authorised by the 
Chief Executive Officer in writing in this behalf, to be out of repair to such an extent as to cause 
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.  

196. 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.  

197. Penalty.—Whoever— 

(a) uses for other than domestic purposes any water supplied by a Board for domestic use; or  

(b) where water is supplied by agreement with a Board for a specified purpose, uses that water for 
any  other  purposes  shall  be  punishable  with  fine  which  may  extend  to  two  thousand  five  hundred 
rupees, and in addition, the Board shall be entitled to recover from him the cost of the water misused.  

Water, Drainage and other connections 

198.  Power  of  Board  to  lay  wires,  connections,  etc.—A  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 side of any building, situated within 
the cantonment; or  

(b) for the purpose of supplying water or of the introduction or distribution of outflow of water or 
for  the  removal  or  outflow  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 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: 

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Provided  further  that  compensation  shall  be  payable  to  the  owner  or  occupier  for  any  damage 

sustained by him which is directly occasioned by the carrying out of any such operation.  

199. Wires, etc., laid above surface of ground.—In the event of any cable, wire, pipe, drain, sewer 
or channel being laid or carried above the surface of any land or through, over or up 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  the  Board  in  respect  of  any  substantial  interference  with  the  right  to  any  such 
enjoyment.  

 200.  Connection  with  main  not  to  be  made  without  permission.—No  person  shall,  for  any 
purpose  whatsoever,  without  the  permission  of  the  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, a Board.  

201. Power to prescribe ferrules and to establish meters, etc.—The Chief 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  of  measuring  the  quantity  of  any  water  or  gas  or  testing  the  quality  thereof 
supplied to any premises by the Board.  

202. 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 a Board, and the pipes, fittings, and 
works  inside  any  such  house  or  within  the  limits  of  any  such  land,  shall  in  all  cases  be  installed  or 
executed subject to the inspection and to the satisfaction of the Chief Executive Officer. 

203.  Power  to  fix  rates  and  charges.—A  Board  may  fix  the  charges  to  be  made  for  the 
establishment by them or through their agency or communications from, and connections with, mains, or 
pipes  for  the  supply  of  water,  or  gas,  or  for  meters  or  other  appliances  for  measuring  the  quantity,  or 
testing the quantity thereof supplied, and may levy such charges accordingly.  

Application of this Chapter to Government water-supplies 

204. Government water-supply.—(1) Where in any cantonment there is a water-supply (other than a 
public water-supply under the control of the Board) under the control of the Military Engineer Services or 
the  Public  Works  Department,  the  Officer  of  the  Military  Engineer  Services  or  of  the  Public  Works 
Department, as the case maybe, in charge of such water-supply (hereafter in this Chapter referred to as the 
Officer)  may  publish  in  the  cantonment  in  such  manner  as  he  thinks  fit  a  notice  declaring  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 and the officer may, for the purpose of keeping 
any such source in good order or of protecting it from contamination or from use, require the Board to 
exercise any power conferred upon it by section 190.  

(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 of sections 191, 193, 194, 195, 197, 198, 199, 200, 201, 202 and 
203 shall, 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 the Board shall be construed as references to the Officer, and 
references to the Chief Executive Officer or other officer or employee of the Board shall be construed as 
references to such person as may be authorised in this behalf by the Officer.  

(3) The provisions of section 193 shall 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.  

(4) In order to preserve the underground water level, the Board may make regulations for the digging 

or use of bore wells in the cantonment.  

205.  Water-supply  for  domestic  consumption.—(1)  Where  it  appears  to  the  Chief  Executive 
Officer that any dwelling house in the cantonment is without supply of water for domestic consumption 
and that such a supply can be given from mains which is not more than one hundred feet distance from 

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any part of such dwelling house, the Chief Executive Officer may by notice require the owner to obtain 
supply and to execute all such works as may be necessary for this purpose. 

 (2) It shall not be lawful for the owner of any premises which may be constructed or reconstructed, to 
occupy it or cause or permit it to be occupied until he has obtained a certificate from the Chief Executive 
Officer that there is provided within, or within a reasonable distance of, the house supply of wholesome 
water as appears to the Chief Executive Officer to be sufficient for domestic consumption and use of the 
inmates of the house. 

206. Recovery of charges.—In any case in which the provisions of section 204 apply and in which 
the Board is not receiving a bulk supply of water under section 207, the water-tax, if any, imposed in the 
cantonment  and  all  other  rates  arising  out  of  the  supply  of  water  which  may  be  imposed  under  the 
provisions of this Chapter as applied by section 204 shall be recovered by the Board, and all monies so 
recovered,  or  such  proportion  thereof  as  the  Central  Government  may  in  each  case  determine,  shall  be 
paid by the Board to the Officer. 

207.  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) of section 204, the Board may, 
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 Military Engineer Services or Public Works Department, 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  Military  Engineer  Services  or  Public  Works  Department  for  all  water  so 
received as may be agreed upon between the Board and the Military Engineer Services or Public Works 
Department,  or,  in  default  of  such  agreement,  as  may  be  determined  by  the  Central  Government  to  be 
reasonable having regard to the actual cost of supplying the water in the cantonment and the rate charge 
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  Military  Engineer  Services  or  Public  Works 
Department 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  Military  Engineer  Services  or  Public  Works 
Department  regarding  the  rate  and  amount  of  water  adequate  to  the  requirements  of  persons  in  the 
cantonment other than entitled consumers, the disputes shall be referred to the Central Government whose 
decision shall be final.  

208.  Functions  of  the  Board  in  relation  to  distribution  of  bulk  supply.—Where  under  the 
provisions of sub-section (1) of section 207 a 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 communications 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. 

209.  Special  provisions  concerning  drainage  and  sewage.—(1)  All  public  drains,  all  drains  in, 
alongside  or  under  any  public  street,  except  those  vesting  in  the  Military  Engineer  Services  or  any 
Department of the Central Government or a State Government or any autonomous body under the Central 
Government  or  a  State  Government  and  all  sewage  collection  works,  whether  constructed  out  of  the 
cantonment fund or otherwise and all works, material and things appertaining thereto, which are situated 
in the cantonment shall vest in the Board. 

(2) All public and other drains, which are vested in the Board are hereafter in this Act referred to as 

cantonment drains.  

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(3) For the purposes of enlarging, deepening or otherwise repairing or maintaining any such drain or 
sewage  collection  work  so  much  of  the  sub-soil  appertaining  thereto  as  may  be  necessary  for  the  said 
purpose shall be deemed also to vest in the Board.  

(4)  All  drains  and  ventilation  shafts,  pipes  and  all  appliances  and  fittings  connected  with  drainage 
works constructed, erected or set up out of the cantonment fund in or upon premises not belonging to the 
Board whether— 

(a) before or after the commencement of this Act; and  

(b)  for  the  use  of  the  owner  or  occupier  of  such  premises  or  not,  shall  unless  the  Board  has 
otherwise determined, or does at any time otherwise determine, vest and be deemed always to  have 
vested in the Board. 

210. Construction of and control of drains and sewage collection and disposal works.—(1) All 
cantonment drains, all sewage collection and all works, materials and things appertaining thereto shall be 
under the control of the Board. 

 (2) The Chief Executive Officer shall maintain and keep in repair all cantonment drains and sewage 

collection and sewage disposal works when authorised by the Board. 

 (3) The Board shall construct as many new drains and sewage collection and sewage disposal works 

as may from time to time be necessary for effectual drainage and sewage collection. 

 (4) The Board shall ensure that the sewage effluents are treated in accordance with the norms laid 
down under the relevant laws relating to pollution before it is dispersed into a river, stream, lake or open 
land.  

211. Certain matters not to be passed into cantonments drains.—No person shall throw, empty or 

turn into any cantonment drain or into any drain communicating with a cantonment drain— 

(a)  any  matter  likely  to  injure  the  drain  or  to  interfere  with  the  free  flow  of  its  contents,  or  to 

affect prejudicially the treatment and disposal of its contents; or 

 (b) any chemical, refuse or waste stream, or any liquid of a temperature higher than forty-five 
degrees centigrade, being refuse or stream which, or liquid which when so heated is, either alone or in 
combination with the contents of the drain be dangerous, or the cause of a nuisance, or prejudicial to 
health; or  

(c) any dangerous petroleum.  

Explanation.—In this section, the expression “dangerous petroleum” has the same meaning as in the 

Petroleum Act, 1934 (3 of 1934). 

212. Application by owners and occupiers to drain into cantonment drains.—(1) Subject to such 
conditions as may be prescribed by bye-laws made in this behalf, the owner or occupier of any premises 
having  a  private  drain,  or  the  owner  of  any  private  drain  within  cantonment  may  apply  to  the  Chief 
Executive  Officer  to  have  his  drain  made  to  communicate  with  the  cantonment  drains  and  thereby  to 
discharge foul water and surface water from those premises or that private drain:  

Provided that nothing in this sub-section shall entitle any person— 

(a) to discharge directly or indirectly into any cantonment drain— 

(i)  any  trade  effluent from  any  trade premises  except  in accordance  with  bye-laws  made  in 

this behalf; or  

(ii) any liquid or other matter the discharge of which into cantonment drains is prohibited by 

or under this Act or any other law; or 

(b)  where  separate  cantonment  drains  are  provided  for  foul  water  and  for  surface  water  to 

discharge directly or indirectly— 

(i) foul water into a drain provided for the surface water; or  

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(ii)  except  with  the  permission  of  the  Chief  Executive  Officer,  surface  water  into  a  drain 

provided for foul water; or  

(c) to have his drains made to communicate directly with a storm-water overflow drain.  

(2) Any person desirous of availing himself of the provisions of sub-section (1) shall give to the Chief 
Executive  Officer  notice  of  his  proposals,  and  at  any  time  within  one  month  after  receipt  thereof,  the 
Chief  Executive  Officer  may  by  notice  to  him  refuse  to  permit  the  communication  to  be  made,  if  it 
appears  to  him  that  the  mode  of  construction  or  condition  of  the  drain  is  such  that  the  making  of  the 
communication would be prejudicial to the drainage system, and for the purpose of examining the mode 
of construction and condition of the drain he may, if necessary, require it to be laid open for inspection. 

 (3) The Chief Executive Officer may, if he thinks fit, construct such parts of the work necessary for 
having a private drain made to communicate with a cantonment drain, as is in or under a public street and 
in  such  a  case,  the  expenses  incurred  by  the  Chief  Executive  Officer  shall  be  paid  by  the  owner  or 
occupier of the premises, or as the case may be, the owner of the private drain and shall be recoverable 
from the owner or occupier as an arrears of tax under this Act. 

213.  Drainage  of  undrained  premises.—(1)  Where  any  premises  are  in  the  opinion  of  the  Chief 
Executive Officer, without sufficient means of effectual drainage and a cantonment drain or some place 
approved  by  the  Chief  Executive  Officer  for  the  discharge  of  filth  and  other  polluted  and  obnoxious 
matter is situated at a distance of not exceeding thirty metres from any part of the said premises, he may, 
by written notice, require the owner of the said premises— 

(a) to make a drain emptying into such cantonment drain or place; 

(b) to provide and set up all such appliances and fittings as may appear to the Chief Executive 
Officer  necessary  for  the  purposes  of  gathering  and  receiving  the  filth  and  other  polluted  and 
obnoxious  matter  from,  and  conveying  the  same  off,  the  said  premises  and  of  effectually  flushing 
such drain and every fixture connected therewith;  

(c)  to  remove  any  existing  drain  or  other  appliance  or  thing  used  or  intended  to  be  used  for 

drainage which is injurious to health;  

(d) to provide a closed drain in substitution of an open drain or to provide such other appliance or 
thing either newly or in substitution of any existing appliance or thing or to provide both a close drain 
and  such  other  appliance  or  thing  in  substitution  of  the  existing  open  drain  and  other  appliance  or 
thing, which is or is likely to be injurious to health;  

(e)  to  provide  and  set  up  all  such  appliances  and  fitting  as  may  appear  to  the  Chief  Executive 
Officer to be necessary for the purpose of gathering  and receiving the waste water from floors and 
galleries of buildings when they are washed, and conveying the same through spouts, by down-take 
pipes  so  as  to  prevent  such  waste  water  from  discharging  directly  on  streets  or  inside  any  lower 
portion of the premises;  

(f)  to  carry  out  any  work  to  improve  or  re-model  an  existing  drain  which  is  inadequate, 

insufficient or faulty. 

(2)  Where  in  any  case  not  provided  for  in  sub-section  (1)  any  premises  are,  in  the  opinion  of  the   

Chief Executive Officer, without sufficient means of effectual drainage, he may, by written notice, require 
the owner of the premises— 

(a) to construct a drain up to a point to be prescribed in such notice but not at a distance or more 

than thirty meters from any part of the premises; or  

(b) to construct a closed cesspool or soakage pit and drain or drains emptying into such cesspool 

or soakage pit. 

(3) Any requisition for the construction of any drain under sub-section (2) may contain any of the 

details specified in sub-section (1). 

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214.  New  premises  not  to  be  erected  without  drains.—(1)  It  shall  not  be  lawful  to  erector  to           

re-erect any premises in a cantonment or to occupy any such premises unless— 

(a) a drain be constructed of such size, materials and description, at such level and with such fall 
as  shall  appear  to  the  Chief  Executive  Officer  to  be  necessary  for  the  effectual  drainage  of  such 
premises; 

 (b)  there  have  been  provided  and  set up  on  such  premises  such  appliances  and  fittings  as  may 
appear to the Chief Executive Officer to be necessary for the purposes of gathering or receiving the 
filth  and  other  polluted  and  obnoxious  matter  from,  and  conveying  the  same  off,  the said  premises 
and of effectually flushing the drain of the said premises and every fixture connected therewith. 

(2)  The  drain  so  constructed  shall  empty  into  a  cantonment  drain  situated  at  a  distance  of  not 
exceeding thirty meters from the premises; but if no cantonment drain is situated within that distance then 
such drain shall empty into a cesspool situated within that distance to be specified by the Chief Executive 
Officer for the purpose.  

215. Power to drain group or block of premises by combined operations.—(1) If it appears to the 
Chief  Executive  Officer  that  any  group  or  block  of  premises  may  be  drained  more  economically  or 
advantageously in combination than separately, and a cantonment drain of sufficient size already exists or 
is about to be constructed within thirty metres of any part of that group or block of premises, the Chief 
Executive Officer may cause that group or block of premises to be drained by a combined operation. 

(2) The expenses incurred in carrying out any work under sub-section (1) in respect of any group or 
block of premises shall be paid by the owners of such premises in such proportions as the Chief Executive 
Officer may determine and shall be recoverable from them as an arrears of tax under this Act. 

(3) Not less than fifteen days before any such work is commenced, the Chief Executive Officer shall 

give to each such owner— 

(a) written notice of the nature of the proposed work; and  
(b)  an  estimate  of  the  expenses  to  be  incurred  in  respect  thereof  and  of  the  proportion  of  such 

expenses payable by him.  
(4)  The  Chief  Executive  Officer  may  require  the  owners  of  such  groups  or  block  or  premises  to 

maintain the work executed under this section.  

216. Power to close or limit the use of private drains in certain cases.—Where a drain connecting 
any  premises  with  a  cantonment  drain  is  sufficient  for  the  effectual  drainage  of  such  premises  and  is 
otherwise unobjectionable but is not in the opinion of the Chief Executive Officer, adapted to the general 
system of drainage in the cantonment, he may, by written notice addressed to the owner of the premises, 
direct— 

(a)  that  such  drain  be  closed,  discontinued  or  destroyed  and  that  any  work  necessary  for  that 

purpose be done; or  

(b) that such drain shall, from such date as may be specified in the notice in this behalf, be used 

for filth and polluted water only or for rain water and unpolluted sub-soil water only: 

Provided that— 

(i)  no  drain  may  be  closed,  discontinued  or  destroyed  by  the  Chief  Executive  Officer  under          

clause (a) except on condition of his providing another drain equally effectual for the drainage of the 
premises and communicating with any cantonment drain which he thinks fit; and 

 (ii) the expenses of the construction of any drain so provided by the Board and of any work done 

under clause (a) may be paid out of the cantonment fund.  

217. Use of drain by a person other than the owner.—(1)Where the Chief Executive Officer either 
on receipt of an application from the owner of any premises or otherwise is of the opinion that the only, or 
the  most  convenient  means  of  effectual  drainage  of  the  premises  into  a  cantonment  drain  is  through  a 
drain belonging to another person, the Chief Executive Officer may by notice in writing require the owner 
of such a drain to show cause within a period specified in the notice as to why an order under this section 
should not be made. 

71 

 
 
 (2)  Where  no  cause  is  shown  within  the  specified  period  or  the  cause  shown  appears  to  the  Chief 
Executive  Officer  invalid  or  insufficient,  the  Chief  Executive  Officer  may  by  order  in  writing  either 
authorise the owner of the premises to use the drain or declare him to be a joint owner thereof. 

 (3) An order made under sub-section (2) may contain directions as to— 

(a) the payment of rent or compensation by the owner of the premises;  

(b) the construction of a drain for the premises for the purpose of connecting it with the aforesaid 

drain;  

(c) the entry upon the land in which the aforesaid drain is situate with assistants and workmen at 

all reasonable hours;  

(d) the respective responsibilities of the parties for maintaining, repairing, flushing, cleaning and 

emptying the aforesaid drain. 

218.  Sewage  and  rain  water  drains  to  be  distinct.—Wherever  it  is  provided  in  this  Chapter  that 
steps shall or may be taken for the effectual drainage of any premises, it shall be competent to the Chief 
Executive  Officer  to  require  that  there  shall  be  one  drain  for  filth  and  polluted  water  and  an  entirely 
distinct  drain  for  rain  water  and  unpolluted  sub-soil  water  or  both  rain  water  and  unpolluted  sub-soil 
water, each emptying into separate cantonment drains or other suitable places. 

219.  Power  to  require  owner  to  carry  out  certain  works  for  satisfactory  drainage.—For  the 

purpose of efficient drainage of any premises, the Chief Executive Officer may, by notice in writing,— 

(a)  require  any  courtyard,  alley  or  passage  between  two  or  more  buildings  to  be  paved  by  the 
owner or owners of such buildings with such materials and in such manner as may be approved by the 
Chief Executive Officer; and  

(b) require such paving to be kept in proper repair. 

220.  Appointment  of  places  for  the  emptying  of  drains  and  collection  of  sewage.—The  Chief 
Executive  Officer  may  cause  any  or  all  of  the  cantonment  drains  to  empty  into,  and  all  sewage  to  be 
collected of at, such place or places as he considers suitable:  

Provided that no place which has not been before the commencement of this Act used for any of the 
purposes specified in this section shall, after such commencement be used there for without the approval 
of the Board:  

Provided further that on and after such date as may be appointed by the Central Government in this 
behalf no sewage shall be discharged into any water course until it has been so treated as not to affect 
prejudicially the purity and quality of the water into which it is discharged. 

Miscellaneous 

221. Connection with water works and drains not to be made without permission.—Without the 
written  permission of the Chief  Executive  Officer,  no  person shall, for  any  purpose  whatsoever,  at  any 
time make or cause to be made any connection or communicate with any drain referred to in section 210 
or any water works, constructed or maintained by, or vested in, the Board. 

222.  Buildings,  railways  and  private  streets  not  to  be  erected  or  constructed  over  drains  or 
water  works  without  permission.—(1)(a)  No  railway  works  shall  be  constructed  on  any  cantonment 
drain or any water works constructed or maintained by, or vested in the Board, without the approval of the 
Central Government.  

(b) If any railway works are constructed on any drains or water works as aforesaid without the written 
permission of the Central Government, the Chief Executive Officer may remove or otherwise deal with 
the same as he thinks fit.  

(2)(a) No private street shall be constructed and no building, wall, fence or other structure shall be 
erected on any cantonment drain or on any water works constructed or maintained by, or vested in, the 
Board without the approval of the Board. 

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(b) If any private street is constructed or any building, wall, fence or structure erected on any drain or 
water works as aforesaid without the written permission of the Board, the Chief Executive Officer may 
remove or otherwise deal with the same as he may think fit. 

(3) The expenses incurred by the Chief Executive Officer in doing so shall be paid by the owner of 
the private street or of the building, fence wall or other structure or, as the case may be, by the railway 
administration or the person offending and shall be recoverable as an arrears of tax under this Act.  

223.  Rights  of  user  of  property for  aqueducts, lines,  etc.—(1) The  Chief  Executive  Officer  may 
place and maintain aqueducts, conduits and lines of mains or pipes or drains over, under, along or across 
any immovable property whether within or without the local limits of the cantonment without acquiring 
the  same,  and  may  at  any  time  for  the  purpose  of  examining,  repairing,  altering  or  removing  any 
aqueducts, conduits or lines of mains or pipes or drains, enter on any property over, under, along or across 
which the aqueducts, conduits or lines of mains or pipes, or drains have been placed: 

Provided  that  the  Board  shall  not  acquire  any  right  other  than  a  right  of  user  in  the  property  over, 

under, along or across which any aqueduct, conduit or line of mains or pipes, or drain is placed. 

(2)  The  power  conferred  under  sub-section  (1)  shall  not  be  exercisable  in  respect  of  any  property 
vested  in  the  Union  or  under  the  control  or  management  of  the  Central  Government  or  railway 
administration  or  vested  in  any  local  authority  save  with  the  permission  of  the  Central  Government  or 
railway administration or the local authority, as the case may be, and in accordance with any bye-laws 
made in this behalf:  

Provided that the Chief Executive Officer may, without such permission, repair; renew, or amend any 
existing works of which the character or position is not to be altered if such repair, renewal or amendment 
is urgently necessary in order to maintain without interruption the supply of water, drainage or collection 
of sewage or is such that delay would be dangerous to health, human life or property.  

(3) In exercise of the powers conferred upon him by this section, the Chief Executive Officer shall 
cause as little damage and inconvenience as may be possible, and shall make full compensation for any 
damage or inconvenience caused by him. 

224.  Power  of  owner  of  premises  to  place  pipes  and  drains  through  land  belonging  to  other 
persons.—(1)  If  it  appears  to  the  Chief  Executive  Officer  that  the  only  or  most  convenient  means  of 
water supply to, and drainage of, any premises is by placing or carrying any pipe or  drains over, under, 
along or across the immovable property of another person, the Chief Executive Officer may, by order in 
writing,  authorise  the  owner  of  the  premises  to  place  or  carry  such  pipe  or  drain  over,  under,  along  or 
across such immovable property:  

Provided that before making any such order the Chief Executive Officer shall give to the owner of the 
immovable property a reasonable opportunity of showing cause within such time as may be prescribed by 
bye-laws made in this behalf as to why the order should not be made:  

Provided further that the owner of the premises shall not acquire any right other than a right of user in 

the property over, under, along or across which any such pipe or drain is placed or carried. 

(2) Upon the making of an order, under sub-section (1), the owner of the premises may, after giving 
reasonable  notice  of  his  intention  so  to  do,  enter  upon  the  immovable  property  with  assistants  and 
workmen at any time between sunrise and sunset for the purpose of placing a pipe or drain  over, under, 
along or across such immovable property or for the purpose of repairing the same.  

(3) In placing or carrying a pipe or drain under this section, as little damage as possible shall be done 

to the immovable property and the owner of the premises shall— 

(a) cause the pipe or drain to be placed or carried with the least practicable delay; 

(b) fill in, re-instate and make good at his own cost and with the least practicable delay, any land 

opened, broken up or removed for the purpose of placing or carrying such pipe or drain; and 

(c)  pay  compensation  to  the  owner  of  the  immovable  property  and  to  any  other  person  who 

sustains damage by reason of the placing or carrying of such pipe or drain. 

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(4) If the owner of the immovable property, over, under, along or across which a pipe or drain has 
been placed or carried under this section whilst such immovable property was not built upon, desires to 
erect any building on such property, the Chief Executive Officer, shall, by notice in writing, require the 
owner of the premises to close, remove or divert the pipe or drain in such manner as shall be approved by 
him and to fill in, re-instate and make good the immovable property as if the pipe or drain had not been 
placed or carried over, under, along or across the same:  

Provided that no such requisition shall be made unless in the opinion of the Chief Executive Officer it 
is necessary or expedient for the construction of proposed building or the safe enjoyment thereof that the 
pipe or drain should be closed, removed or diverted. 

225. Power to require railway level, etc., to be raised or lowered.—If the Board places or carries 
any pipe or drain or does any other work connected with the water supply or drainage across any railway 
line, it may, with the sanction of the Central Government and at the cost of the cantonment fund, require 
the railway administration to raise or lower the level thereof.  

226.  Power  to  execute  work  after  giving  notice  to  the  person  liable.—(1)  When  under  the 
provisions  of  this  Chapter,  any  person  may  be  required  or  is  liable  to  execute  any  work,  the  Chief 
Executive Officer may, in accordance with the provisions of this Act and of any bye-laws made in this 
behalf,  cause  such  work  to  be  executed  after  giving  such  person  an  opportunity  of  executing  the  same 
within such time as may be specified by him for this purpose.  

(2) The expenses incurred or likely to be incurred by the Chief Executive Officer in the execution of 
any  such  work  shall  be  payable  by  the  said  person  and  the  expenses  incurred  by  the  Chief  Executive 
Officer in connection with the maintenance of such work or the enjoyment of amenities and conveniences 
rendered possible by such work shall be payable by the person or persons enjoying such amenities and 
conveniences.  

(3) The expenses referred to in sub-section (2) shall be recoverable from the person or persons liable 

there for as an arrears of tax under this Act.  

227.  Power  to  affix  shafts,  etc.,  for  ventilation  of  drain  or  cesspool.—For  the  purpose  of 
ventilating any drain or cesspool, whether vested in the Board or not, the Chief Executive Officer may, in 
accordance  with  bye-laws  made  in  this  behalf,  erect  upon  any  premises  or  affix  to  the  outside  of  any 
building or to any tree any such shaft or pipe as may appear to him to be necessary.  

228. Power to examine and test drains, etc., believed to be defective.—(1) Where it appears to the 
Chief Executive Officer that there are reasonable grounds for believing that a private drain or cesspool is 
in  such  condition  as  to  be  prejudicial  to  health  or  a  nuisance  or  that  a  private  drain  communicating 
directly or indirectly with a cantonment drain is so defective as to admit sub soil water, he may examine 
its condition, and for that purpose may apply any test, other than a test by water under pressure, and if he 
deems it necessary, open the ground.  

(2) If on examination the drain or cesspool is found to be in proper condition, the Chief Executive 
Officer shall, as soon as possible, re-instate any ground which has been opened by him and make good 
any damage done by him.  

229. Bulk delivery of sewage by the Board.—(1) The Board shall deliver in bulk all the sewage to, 
the authority prescribed by the Central Government or the State Government, subject to such charges for 
the delivery of sewage of the area of cantonment as may be determined by means of an agreement entered 
into between that other authority and the Board.  

(2) The agreement mentioned in sub-section (1) shall provide also for a stipulation therein that in case 
of  any  dispute  about  the  payments  to  be  made  to that  other  authority  by  the  Board, the  matter  shall be 
referred to the Central Government whose decision thereon shall be final and binding on both parties. 

230.  Employment  of  Government  agencies  for  repair,  etc.—The  Central  Government  may,  for 
reason  to  be  recorded,  direct  that  any  specified  work,  repair,  renewal  or  replacement  which  is  to  be 
undertaken  by  or  for  the  Board  under  this  Chapter,  shall  be  carried  out  on  behalf  of  the  Board  by  the 
Central Government and the Board shall pay the charges there for at the rates and subject to the terms for 

74 

 
 
the  time  being  applicable  in  the  case  of  works  constructed  by  that  Government  on  behalf  of  a  local 
authority.  

231. Works to be done by licensed plumber.—(1) No person other than a licensed plumber shall 
execute  any  work  described  in  this  Chapter  and  no  person  shall  permit  any  such  work  to  be  executed 
except by a licensed plumber: 

Provided that if, in the opinion of the Chief Executive Officer, the work is of a trivial nature, he may 

grant permission in writing for the execution of such work by a person other than a licensed lumber.  

(2)  Every  person  who  employs  a  licensed  plumber  to  execute  any  work  shall,  when  so  required, 

furnish to the Chief Executive Officer the name of such plumber.  

(3)  When  any  work  is  executed  except  in  accordance  with  the  provisions  of  sub-section  (1),  such 
work shall be liable to be dismantled at the discretion of the Chief Executive Officer without prejudice to 
the  right  of  the  Board  to  prosecute  under  this  Act  the  person  at  whose  instance  such  work  has  been 
executed. 

(4)  The  Board  may  make  bye-laws  for  the  guidance  of  licensed  plumbers  and  a  copy  of  all  such               

bye-laws shall be attached to every licence granted to a plumber by the Board.  

(5) The Board may, from time to time, prescribe the charges to be paid to licensed plumber for any 

work done by them under or for any of the purposes of this Chapter. 

(6) No licensed plumber shall, for  any work referred to in sub-section (5), demand or receive more 

than the charges prescribed there for, under that sub-section.  

(7) The Board shall make bye-laws providing for— 

(a) the exercise of adequate control on all licensed plumbers; 

(b) the inspection of all works carried out by them; and 

(c)  the  hearing  and  disposal  of  complaints  made  by  the  owners  or  occupiers  of  premises  with 
regard to the quality of work done, material used, delay in execution of work, and the charges made, 
by a licensed plumber. 

(8)  No  licensed  plumber  shall  contravene  any  of  the  bye-laws  made  under  this  section  or  execute 

carelessly or negligently any work under this Act or make use of bad materials, appliances or fittings. 

(9) If any licensed plumber contravenes sub-section (8), his licence may be suspended or cancelled 

whether he is prosecuted under this Act or not. 

232. Prohibition of certain acts.—(1) No person shall— 

(a) wilfully obstruct any person acting under the authority of the Board, or the Chief Executive 
Officer, in setting out the lines of any works or pull up or remove any pillar, post or stake fixed in the 
ground for the purpose of setting out lines of such work, or deface or destroy any works made for the 
same purpose; or  

(b) wilfully or negligently break, injure, turn on, open, close, shut off or otherwise interfere with 

any lock, cock, valve, pipe, meter or other work or apparatus belonging to the Board; or  

(c)  unlawfully  obstruct  the  flow  of  or  flush,  draw  off,  or  divert,  or  take  water  from  any  water 

work belonging to the Board; or  

(d) unlawfully obstruct the flow of or flush, draw off, or divert, or take sewage from any sewage 
work belonging to the Board or break or damage any electrical transmission line maintained by the 
Board; or  

(e) obstruct any officer or other employee of the Board in the discharge of his duties under this 
Chapter or refuse or wilfully neglect to furnish him with the means necessary for the making of any 
entry, inspection, examination or inquiry thereunder in relation to any water or sewage work; or 

 (f) bathe in, at or upon any water work or wash or throw or cause to enter therein any animal, or 
throw any rubbish, dirt or filth into any water work or wash or clean therein any cloth, wool or leather 

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or the skin of any animal, or cause the water of any sink, or drain or any steam-engine or boiler or any 
polluted water to turn or be brought into any water work, or do any other act whereby the water in any 
water work is fouled or likely to be fouled.  

(2) Nothing in clause (b) of sub-section (1) shall apply to a consumer closing the stopcock fixed on 
the  service  pipe  supplying  water  to  his  premises  so  long  as  he  has  obtained  the  consent  of  any  other 
consumer whose supply will be affected thereby. 

CHAPTER X 

TOWN PLANNING AND  CONTROL OVER BUILDINGS, ETC. 

233.  Preparation  of  land  use  plan.—(1)  On  the  commencement  of  this  Act,  the  Chief  Executive 
Officer  shall  with  the  approval  of  the  Board,  cause  to  be  prepared  a  spatial  plan  for  land  use  to  be 
followed in the cantonment which shall include— 

(a) earmarking of zones for residential, institutional, commercial and other activities; and 

(b) improvement schemes for areas considered sub-standard on account of narrowness of streets, 

poor lighting, poor ventilation or irregular line of buildings in a street. 

(2) The Board shall give publicity to the land use plan prepared under sub-section (1), by publishing a 

gist of the plan in a local newspaper.  

234.  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 Chief 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 buildings: 

Provided that if an erected or re-erected building is meant for public purposes, then it shall be made 

accessible to and barrier free for the persons with disabilities.  

235.  Notice  of  new  buildings.—(1)  Whoever  intends  to  erect  or  re-erect  any  building  in  a 

cantonment 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 Chief 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 human 

habitation;  

(c) converts into more than one place for human habitation a building originally constructed as 

one such place; 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 cow-house any building originally constructed for human 

habitation; or  

(f)  converts  into  a  dispensary,  stall,  shops,  warehouse,  godown,  factory  or  garage  any  building 

originally constructed for human habitation; or  

(g)  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 

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 (h)  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. 

236.  Conditions  of  valid  notice.—(1)  A  person  giving  the  notice  required  by  section  235  shall 

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 the sub-section (1) and any further 
information and plans and undertakings which may be required under bye-laws made under this Act have 
been furnished to the satisfaction of the Chief Executive Officer, along with the notice.  

237.  Powers  of  Board  under  certain  sections  exercisable  by  Chief  Executive  Officer.—The 
powers, duties and functions of the Board under section 238, sub-section (1) of section 241 section 243, 
section  245  and  section  248  excluding  the  provisions  to  sub-section  (1)  and  the  proviso  to                        
sub-section  (2)  of  the  said  section  248  shall  be  exercised  or  discharged  in  a  civil  area  by  the  Chief 
Executive Officer.  

238.  Power  of  Board  to  sanction  or  refuse.—(1)  The  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 of 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 line 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 party walls 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.  

(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 the erection or re-erection of any building if 

such erection or re-erection is not in conformity with any general scheme sanctioned under section 240.  

(3) The Board, before sanctioning the erection or re-erection of a building on land which is under the 
management of the Defence Estates Officer, shall refer the application to the Defence Estates Officer for 
ascertaining whether there is any objection on the part of the Government to such erection or re-erection; 
and the 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 lease from 

the Government, if the erection or re-erection constitutes a breach of the terms of the lease; or 

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(b)  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 

(c) when the land on which it is proposed to erect or re-erect the building is not held on a lease 
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 re-erection, as the case may be: 

Provided that, in any case to which the provisions of sub-section (3) apply, the period of one month 
herein specified shall be reckoned from the date on which the Board has received the report referred to in 
that sub-section. 

239. Order of stoppage of building or works in certain cases and disposal of things removed.—
(1) Where the erection of any building or execution of any work has been commenced or is being carried 
on  without  or  contrary  to  the  sanction,  but  has  not  been  completed,  referred  to  in  section  238  or  in 
contravention of any condition subject to which such sanction has been accorded or in contravention of 
any provision of this Act or bye-laws  made thereunder, the Chief Executive Officer may in addition to 
any  other  action  that  may  be  taken  under  this  Act,  by  order  require  the  person  at  whose  instance  the 
building or the work has been commenced or is being carried on to stop the same forthwith.  

(2) If an order made by the Chief Executive Officer under sub-section (1) directing any person to stop 
the erection of any building or execution of any work is not complied with, the Chief Executive Officer 
may  require  any  police  officer  to  remove  such  person  and  all  his  assistants  and  workmen  from  the 
premises  or  to  seize  any  construction  material,  tool,  machinery,  scaffolding  or  other  things  used  in  the 
erection of any building or execution of any work within such time as may be specified in the requisition 
and such police officer shall comply with the requisition accordingly. 

(3) Any of the things caused or to be seized by the Chief Executive Officer under sub-section (2) shall 

be disposed of by him in a manner specified in sub-sections (6) and (7). 

(4)  After the  requisition  under  sub-section  (2)  has  been  complied  with  the  Chief  Executive  Officer 
may, if he thinks fit, depute by a written order a police officer or an officer or an employee of the Board 
to watch the premises in order to ensure that the erection of the building or the execution of work is not 
continued. 

(5)  Where  a  police  officer  or  an  officer  or  an  employee  of  the  Board  has  been  deputed  under                   

sub-section (4) to watch the premises, the cost of such deputation shall be paid by the person at whose 
instance such erection or execution is being continued or to whom notice under sub-section (1) was given 
and shall be recoverable from such person as an arrear of tax under this Act.  

(6) Any of the things caused to be removed by the Chief Executive Officer under this section shall 
unless  the  owner  thereof  turns  up  to  take  back  such  things  and  pays  to  the  Chief  Executive  Officer 
charges for removal and storage of such things be disposed of by the Chief Executive Officer by a public 
auction or in such other manner as he thinks fit: 

Provided that such things shall only be disposed of by the Chief Executive Officer on the expiry of 
fifteen days in case of non perishable things and twenty-four hours in case of perishable things from the 
date and time of seizure.  

(7) The charges for removal and storage and sale of things sold under sub-section (6) shall be paid out 
of the proceeds of the sale thereof and the balance, if any, shall be paid to the owner of the things sold on 

78 

 
 
a claim being made therefor within a period of one year from the date of sale and if no such claim is made 
within the said period, shall be credited to the cantonment fund. 

240.  Power  to  sanction  general  scheme  for  prevention  of  overcrowding,  etc.—The  General 
Officer Commanding-in-Chief the Command in Consultation with the Principal Director may sanction a 
general  scheme  of  erection  or  re-erection  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 General Officer Commanding-in-Chief, the 
Command unless an opportunity has been given by a public notice to be published locally by the Chief 
Executive Officer requiring persons affected or likely to be affected by the proposed scheme, to file their 
objections  or  suggestions  in  the  manner  specified  in  the  notice,  within  a  period  of  thirty  days  of  the 
publication  of  such  notice,  and  the  Chief  Executive  Officer  shall  after  considering  such  objections  and 
suggestions, if any, forward the same along with his recommendations to the Principal Director. 

241. 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  the  Board  of  sanction  to  the  erection  of  any 
building or in respect of any direction issued by it under sub-section (1) of section 238.  

(2) The Board shall make compensation to the owner of any building for any actual damage or loss 
sustained by him inconsequence 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 the 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.  

242.  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  under  section  237  or  section  238  by  the  Chief 
Executive Officer or, as the case may be, by the Board shall, within thirty days after completion of  the 
erection  or  re-erection  of  the  building  give  a  notice  of  completion  in  writing  to  the  Chief  Executive 
Officer or the Board, as the case may be, and the Chief Executive Officer or the Board 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 Chief Executive Officer or the Board, as the case may be.  

243.  Lapse  of  sanction.—Every  sanction  for  the  erection  or  re-erection  of  a  building  given  or 
deemed to have been given as herein before provided shall be available for two years 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  someone  lawfully  claiming  under  him  within  that  period,  it  shall  not  thereafter  be  begun 
unless the Chief Executive Officer, on application made there for has allowed an extension of that period.  

244. Restrictions on use of buildings.—(1) No person shall, without the written permission of the 

Board or otherwise than in conformity with the conditions, if any, of such permission,— 

(a) use or permit to be used for human habitation any part of a building not originally erected or 
authorised  to  be  used  for  that  purpose  or  not  used  for  that  purpose  before  any  alteration  has  been 
made therein by any work executed in accordance with the provisions of this Act and the bye-laws 
made thereunder; 

(b) change or allow the change of the use of any land or building; 

(c) convert or allow the conversion of one kind of tenement into another kind. 

(2) Any person who contravenes the provisions of sub-section (1) shall on conviction be punishable 
with  a  fine  which  may  extend  to  one  lakh  rupees  and  in  the  case  of  continuing  contravention  with  an 
additional fine of rupees ten thousand for every day during which the contravention continues after the 
date it comes to the notice.  

245. 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 

79 

 
 
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, each for not more than one year,  shall be allowed 

in any case. 

246.  Completion  certificate.—The  Chief  Executive  Officer  shall  on  receipt  of  the  notice  under 
section 242 of this Act cause the building to be inspected either by himself or by the officer authorised by 
him in his behalf in order to ensure that the building has been completed in accordance with the sanction 
given  and  issue  completion  certificate  provided  that  the  person  seeking  the  completion  certificate  shall 
assist the Chief Executive Officer in inspection of such building: 

Provided  that  the  building  shall  not  be  occupied  for  habitation  unless  a  certificate  is  issued  by  the 

Chief Executive Officer or an officer authorised by him in this behalf:  

Provided further that if the Chief Executive Officer fails within a period of thirty days after the receipt 
of the notice of completion, to communicate his refusal to issue such certificate, such certificate shall be 
deemed to have been granted.  

247.  Illegal  erection  and  re-erection.—Whoever  begins,  continues  or  completes  the  erection  or            

re-erection of a building— 

(a)  without  having  given  a  valid  notice  as  required  by  sections  235  and  236,  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) of section 238; or  

(c) when sanction has been refused, or has ceased to be available or has been suspended by the 

General  Officer  Commanding-in-Chief,  the  Command,  under  clause  (b)  of  sub-section  (1)  of               
section 58,  

shall be punishable with fine which may extend to fifty thousand rupees and the cost of sealing the illegal 
construction and its demolition.  

248.  Power  to  stop  erection  or  re-erection  or  to  demolish.—(1)  A  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 the Board considers that such erection or re-erection is an 
offence under section 247 and may, in any such case or in any other case in which the Board considers 
that the erection or re-erection of a building is an offence under section 247,  within 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 the 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: 

Provided  further  that  the  Board  shall  not,  without  the  previous  concurrence  of  the  General  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  notice  in  writing  direct  the  owner,  lessee  or  occupier  of  any  land  in  the 

the 

238 

sanctioning 

cantonment  to  stop  the  erection  or  re-erection  of  a  building  in  any  case  in  which  the  order  under                
section 
General Officer   Commanding-in-Chief, the Command, under clause (b) of sub-section (1) of section 58, 
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 General 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:  

re-erection 

suspended 

erection 

been 

has 

by 

or 

the                                                                 

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 

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re-erected  prior  to  the  date  on  which  the  order  of  the  General  Officer  Commanding-in-Chief,  the 
Command, has been communicated to him. 

249.  Power  to  seal  unauthorised  constructions.—(1)  It  shall  be  lawful  for  the  Chief  Executive 
Officer, at any time, before or after making an order of demolition under section 248 or of the stoppage of 
erection of any building, or execution of any work, to make an order directing the sealing of such erection 
or work or of the premises in which such erection or work is being carried on or has been completed at 
the cost of the offender in such manner as may be prescribed by rules for the purpose of carrying out the 
provisions of this Act or for preventing any dispute as to the nature and extent of such erection or work.  

(2) Where any erection or work or any premises in which any erection or work is being carried on, 
has or, has been sealed, the Chief Executive Officer may, for the purpose of demolishing such erection or 
work in accordance with the provisions of this Act, order such seal to be removed.  

(3) No person shall remove such seal except— 

(a) under an order made by the Chief Executive Officer under sub-section (2); or 

(b) under an order of an appellate authority in an appeal made under this Act. 

(4) Any person who contravenes the provisions contained in sub-section (3) shall be punishable with 
imprisonment which may extend to six months or with fine which may extend to twenty thousand rupees, 
or with both.  

250.  Courts  not to  entertain  proceedings  in  certain  cases.—(1)  After the  commencement  of this 
Act, no court shall entertain any suit, application or other proceedings in respect of any order or notice 
unless  an  appeal  under  section  340  is  preferred  and  the  same  is  disposed  of  by  the  appellate  authority 
under sub-section (3) of section 343 of this Act. 

(2)  Notwithstanding  anything  contained  in  sub-section  (1),  every  suit,  application  or  other 
proceedings pending in any court immediately before the commencement of this Act shall continue to be 
dealt with and disposed of by that court as if the said section has not been brought into force. 

251. Power to make bye-laws.—A 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 the Board or, as the case may be, the Chief Executive Officer and the information 
and plans to be furnished with the notice;  

(b) 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, as the case may be, the Chief Executive 
Officer and the information and plans to be furnished with the notice; 

 (c)  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 in the cantonment or any part thereof;  

(d)  the  minimum  cubic  capacity  of  any  room  or  rooms  in  a  building  which  is  to  be  erected  or              

re-erected;  

(e) the fees payable on provision by the Board of plans or specifications of the type of buildings 

which may be erected in the cantonment or any part thereof; 

(f) the circumstances in which mosque, temple or church or other sacred building may be erected 

or re-erected; and 

(g) with reference to the erection or re-erection of buildings, or of any class of buildings, 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; 

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(iv)  the  position,  the  materials  and  the  method  of  construction  of  stair-cases,  fire  places, 

chimneys, drains, latrines, privies, urinals and cess-pools; 

(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  floor,  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 food grains in excess of eighteen quintals in order to render them rat proof. 

252.  Prohibition  of  structures  or  fixtures  which  cause  obstruction  in  streets.—(1)  No  person 
shall, except with the permission of the Chief Executive Officer, erect or set up any wall, fence, nail, post, 
step, booth or other structure whether fixed or movable or whether of a permanent or temporary nature, or 
any fixture in or upon any street so as to form an obstruction to, or an encroachment upon, or a projection 
over, or to occupy any portion of such street, channel, drain, well or tank.  

(2) The Chief Executive Officer 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, the Chief Executive Officer shall make compensation for any damage caused 
by the removal or alteration. 

(3) The Chief Executive Officer 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.  

253.  Unauthorised  buildings  over  drains,  etc.—The  Chief  Executive  Officer  may,  by  notice  in 
writing require any person who has, without his permission in writing, newly erected or re-erected any 
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 he thinks fit.  

254. Drainage and sewer connections.—(1) The Chief Executive Officer 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 
he 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 buildings or land and a drain or sewer or a water harvesting 
structure or facility. 

(2) For the purpose of efficiently draining any building or land in the cantonment, the Chief Executive 

Officer 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  he  thinks  fit,  any  courtyard,  alley  or 

passage between two or more buildings; or  

(b) to keep any such paving in proper repair; or  

(c) to make such arrangements as may be specified by the Board under bye-laws to deliver rain 

water from roof top to the water harvesting facility created or arranged by the Board.  

255. Power to attach brackets for lamps and other accessories.—The Chief Executive Officer may 
attach  to  the  outside  of  any  building,  or  to  any  tree  in  the  cantonment,  brackets  for  lamps  or  any 
accessories for  non-conventional  sources  of  energy  in  such  manner as  not to  occasion injury  thereto or 
inconvenience. 

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256. Maintenance of roads.—(1) All roads in the civil area of a cantonment shall be maintained by 

the Board.  

(2) All roads outside the civil area as have been vested in the Board shall also be maintained by the 

Board.  

Streets 

257. Temporary occupation of street, land, etc.—(1) The Chief Executive Officer may, by order in 
writing, permit the temporary occupation of any street, or of any land vested in the Board, for the purpose 
of  depositing  any  building  materials  or  making  any  temporary  excavation  therein  or  erection  thereon, 
subject  to  such  conditions  as  the  Board  may  prescribe  for  the  safety  or  convenience  of  the  public,  and 
may charge a fee for such permission and may in his discretion withdraw such permission. 

(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 Chief 
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 under section 324 and may also, if such 
person fails to offer satisfactory explanation, order the confiscation of such article or thing. 

258. Closing and opening of streets.—(1) A Board may open any street for public use. 

(2) A Board shall not permanently close any street without the prior permission of the General Officer 

Commanding in Chief, or the Principal Director: 

Provided that no such street shall be closed for reasons other than the security reasons and  without 

giving a public notice inviting objections and suggestions from the general public. 

(3) The Chief 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,  water-supply  or 
lighting or any other work which he 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 premise vested in the Board, is such as to be likely to cause 
danger to the public, the 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 sunset to sunrise. 

259. Names of streets and numbers of buildings.—(1) A Board may determine the name or number 
by  which  any  area,  street  or  public  place  in  the  cantonment  shall  be  known  and  may  cause  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  the  Board  shall  be  punishable  with  fine  which  may 
extend to one thousand rupees. 

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

260.  Group  Housing  Schemes.—A  Board,  may  in  accordance  with  the  bye-laws  framed  for  the 

purpose, allow the Group Housing Schemes for construction of houses.  

261. 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  Chief  Executive 
Officer. 

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(2) The Chief 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 his 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  the  orders  of  the  Chief  Executive  Officer  or  which  was  in  existence  at  the 
commencement  of  this  Act,  the  Board  shall  make  compensation  for  any  damage  caused  by  the 
removal thereof.  

(3) The Chief 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.  

262. Felling, lopping and trimming of trees.—(1) Where, in the opinion of a Board, the felling of 
any tree of mature growth standing in a private enclosure in the cantonment is necessary for any reason, 
the  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) A Board may— 

(a) cause to be lopped or trimmed any tree standing on land in the cantonment which belongs to 

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. 

263.  Digging  of  public land.—Whoever,  without  the  permission in  writing  of the  Chief  Executive 
Officer, digs up the surface of any open space in the cantonment, which is not private property, shall be 
punishable  with  fine  which  may  extend  to  two  thousand  five  hundred  rupees  and  in  the  case  of  a 
continuing offence, with an additional fine which may extend to five hundred rupees for every day after 
the first during which the offence continues.  

264. Improper use of land.—(1) If, in the opinion of the Chief Executive Officer, 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 or such quarry or place, 
or  creates,  or  is  likely  to  create,  a  nuisance,  the  Chief  Executive  Officer  may,  by  notice  in  writing, 
prohibit the owner, lessee or occupier of such quarry or place or the person responsible for such 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  he  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), the Chief Executive Officer is of opinion that such a 
course  is  necessary  in  order  to  prevent  imminent  danger,  he  may,  by  order  in writing,  require  a  proper 
hoarding or fence to be put up for the protection of passers-by. 

CHAPTER XI 

MARKETS, SLAUGHTER-HOUSES, TRADES AND OCCUPATIONS 

265. Public markets  and slaughter-houses.—(1)  A  Board  may  provide  and  maintain,  on the land 
under  its  control,  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 

84 

 
 
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, the Board shall have 
the same power for the inspection and proper regulation of the same as if it were situated within those 
limits. 

(3) The Board may at any time, by public notice, close any public market or public slaughter-house 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 the  Board, 
without  the  permission  of  such  local  authority  or  otherwise  than  on  such  conditions  as  such  local 
authority may approve. 

266.  Use  of  public  market.—(1)  No  person  shall,  without  the  general  or  special  permission  in 

writing of the Chief Executive Officer, 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  Chief 
Executive Officer or any official of the Board authorised by him in this behalf.  

267. Power to transfer by public auction, etc.—(1) The Board may transfer by public auction, for 
any period not exceeding five 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 Command or in his absence, the Principal 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:  

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, pen, public 
market or public slaughter-house. 

(2) The Board may transfer by public auction or otherwise any immovable property other than in a 
public market or a public slaughter house if such property is capable of being put to remunerative use for 
such  period  and  on  such  terms  and  conditions  as  may  be  approved  by  the  General  Officer               
Commanding-in-Chief, the Command or in his absence, the Principal Director.  

268. 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 slaughter-house, and of the bye-laws made under this Act for the 
purpose of regulating the use of such market or slaughter-house, printed in English language or in such 
other language or languages as the Board may direct, shall be affixed in some conspicuous place in the 
market or slaughter-house. 

269.  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 the Board: 

that 

Provided 

sub-sections 
slaughter-house established and maintained by the Central Government or the State Government, as the 
case may be. 

nothing 

apply 

shall 

case 

this 

the 

of 

in 

in 

a                                                     

85 

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

(a)  to  restrict  these  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 Chief 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  Chief  Executive  Officer,  with  the  sanction  of  the  Board,  from  setting  apart 

places for the slaughter of animals in accordance with religious custom. 

(3)  Whoever  omits  to  comply  with  any  condition  imposed  by  the  Chief  Executive  Officer  under 
clause (a) of sub-section (2) shall be punishable with fine which may extend to five thousand rupees and, 
in the case of continuing offence, with an additional fine which may extend to one thousand rupees for 
every day after the first during which the offence is continued. 

270.  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) The Board may refuse to grant any such licence without giving reasons for such refusal.  

271. 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 to five thousand rupees and, 
in the case of a continuing offence, with an additional fine which may extend to five hundred rupees for 
every 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, the Board shall cause a notice of the grant, refusal, suspension or cancellation to 
be pasted in English or such language or languages as it thinks necessary in some conspicuous place by or 
near the entrance to the place to which the notice relates. 

272.  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  to  five 
thousand rupees and, in the case of a continuing offence, with an additional fine which may extend to five 
hundred rupees for every day after the first during which the offence is continued.  

273. Prohibition and restriction of use of slaughter-house.—(1) Where, in the opinion of the Chief 
Executive Officer, it is necessary on sanitary grounds so to do, he 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 he 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  pasted  in  the 

slaughter-house to which it relates.  

274.  Power  to  inspect  slaughter-houses.—(1)  Any  official  of  a  Board,  authorised  by  order  in 
writing  in  this  behalf  by  the  Chief  Executive  Officer  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.  

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275.  Power  to  regulate  certain  activities.—A  Board  may,  by  order,  regulate  all  or  any  of  the 

following matters, namely:— 

(a) the days on, and the hours during, which any private market or private slaughter-house may be 

kept open for use;  

(b) the regulation of the design, ventilation and drainage of such market or slaughter-houses, and 

the material to be used in the construction thereof;  

(c) the keeping of such markets and slaughter-houses and lands and buildings appertaining thereto 
in a clean and sanitary condition, the removal of filth and refuse therefrom, and the supply therein of 
pure  water  and  of  a  sufficient  number  of  latrines  and  urinals  for  the  use  of  persons  using  or 
frequenting the same;  

(d) the manner in which animals shall be stalled at a slaughter-house; 

(e) the manner in which animals may be slaughtered;  

(f)  the  disposal  or  destruction  of  animals  offered  for  slaughter  which  are,  from  disease  or  any 

other cause, unfit for human consumption;  

(g) the destruction of carcasses which from disease or any other cause are found after slaughter to 

be unfit for human consumption; and 

(h) any other matter with respect to the regulation of such markets and slaughter-houses. 

Trade and occupations 

276.  Provision  of  washing  places.—(1)  A  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  the  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 is sued under sub-section (2) shall be 

punishable with fine which may extend to five hundred rupees.  

277.  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 

within or without cantonment;  

(c) persons keeping milch cattle or milch goats for profit;  
(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  within  or 

without cantonment;  

(g) vendors of fruits or vegetables;  
(h)  manufacturers of aerated  or  other  potable  waters  or  of ice  or  ice-cream,  and  vendors  of the 

same; 

 (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;  

(j) vendors of spirituous liquor;  

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

87 

 
 
(l) washermen; 

(m) dealers in hay, straw, wood, charcoal or other inflammable material; 

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

(o) tanners and dyers;  

(p)  persons  carrying  on  any  trade  or  occupation  from  which  offensive  or  unwholesome  smells 

arise; 

(q) vendors of wheat, rice and other grain or of flour;  

(r) makers and vendors of sugar or sweetmeats;  

(s) barbers and keepers of shaving saloons;  

(t) any other person 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 the Board.  

(2) A licence granted under sub-section (1) shall be valid until the end of the year in which it is issued 
and the grant of such licence shall not be withheld by the 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 public or 
that the premises in which the business is intended to be established or maintained 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 the Board not less than three month‟s notice 
in  writing  of  his  obligation  to  do  so,  and  if  the  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 petroleum 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  the  Petroleum  Act,                            
1934 (30 of 1934) or the Poisons Act, 1919 (12 of 1919). 

(4) The Board may charge for the grant of licences, under this section such reasonable fees, as it may 
fix keeping in view the fees levied in this regard in a municipality in the State wherein such cantonment is 
situated.  

278.  Power  to  stop  use  of  premises  used  in  contravention  of  licences.—If  the  Chief  Executive 
Officer is of opinion that any eating house, lodging house, hotel, boarding house, tea shop, coffee house, 
café, restaurant, refreshment room or other place where public is admitted for repose or for consumption 
of any food or drink or where food is sold or prepared for sale or any theatre, cinema hall, circus, dancing 
hall  or  similar  other  place  of  public  resort,  recreation  or  amusement  is  kept  open  without  a  license  or 
otherwise than in conformity with the terms of a license granted in respect thereof, he may stop the use of 
any  such  premises  for  any  such  purpose  for  a  specified  period  by  such  means  as  he  may  consider 
necessary.  

279.  Conditions  which  may  be  attached  to  licences.—A  licence  granted  to  any  person  under           

section 277 shall 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 the Board thinks 
fit to impose in accordance with bye-laws made under this Act. 

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General provisions 

280. Power to  vary  licence.—If  the  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, the Board may, by 
notice in writing, require the owner, lessee or occupier thereof to discontinue the use of such place or to 
effect  such  alternations,  additions,  or  improvements  as  will,  in  the  opinion  of  the  Board,  render  it  no 
longer a nuisance or dangerous.  

281.  Carrying  on  trade,  etc.,  without  licence  or  in  contravention  of  section  280.—Whoever 
carries any trade, calling or occupation for which a licence is required without obtaining a licence therefor 
or  while  the  licence  therefor  is  suspended  or  after  the  same  has  been  cancelled,  and  whoever,  after 
receiving  a  notice  under  section  280,  uses  or  allows  to  be  used  any  building  or  place  in  contravention 
thereof,  shall  be  punishable  with  fine  which  may  extend  to  five  thousand  rupees  and,  in  the  case  of  a 
continuing offence, with an additional fine which may extend to five hundred rupees for every day after 
the first during which the offence is continued. 

282.  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 the Board shall be punishable with fine which may 
extend to one thousand rupees. 

Entry, inspection and seizure 

283.  Powers  of  entry  and  seizure.—(1)  The  President  or  the  Vice-President,  the  Chief  Executive 
Officer, the Health Officer, the Assistant Health Officer, or any other official of a 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 animal, article or thing 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  or  contained  therein  unwholesome  or 
unfit for human food, drink or 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 Assistant Health Officer, forthwith be destroyed if, in his opinion, it is diseased, 
unwholesome or unfit for human food, drink or 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 Magistrate 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 
carcass 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 to five thousand rupees, and the animal, article, utensil, vessel or 
other  thing  shall  be liable to  be  forfeited to  the  Board  or  to  be  destroyed  or  to be  so  disposed  of as  to 
prevent it being exposed for sale or used for the preparation of food, drink or medicine, as the  case may 
be. 

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Explanation  I.—If  any  such  article,  having  been  exposed  or  stored  in,  or  brought  to,  any  place 
mentioned in sub-section (1) for sale as ghee, contains any substance not exclusively derived from milk, it 
shall be deemed, for the purposes of this section, to be an article which is not what it is represented to be. 

Explanation  II.—Meat  subjected  to  the  process  of  blowing  shall  be  deemed  to  be  unfit  for  human 

food.  

Explanation  III.—The  article  of  food  or  drink  shall  not  be  deemed  to  be  other  than  what  it  is 
represented to be merely by reason of the fact that there has been added to it some substance not injurious 
to health:  

Provided that— 

(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  thereon  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 state and by the 
same description as that in and by which he purchased it.  

Import of cattle and flesh 

284. Import of cattle and flesh.—(1) No person shall, without the permission in writing of the Chief 
Executive Officer, bring into a cantonment 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 
Central Government or the State Government or the Board: 

Provided that the Chief Executive Officer shall not grant such permission unless he has considered 

the recommendation of the Health Officer made this behalf. 

(2) Any animal or flesh brought into a cantonment in contravention of sub-section (1) may be seized 
by the Chief Executive Officer or by any official of the Board and sold or otherwise disposed of as the 
President of the Board may direct, and, if it is sold, the sale proceeds may be credited to the cantonment 
fund. 

(3) Whoever contravenes the provisions of sub-section (1) shall be punishable with fine which may 

extend to two thousand five hundred rupees. 

(4) Nothing in this section shall be deemed to apply to cured or preserved meat or to animals driven 
or  meat  carried  through  a  cantonment  for  consumption  outside  thereof,  or  to  meat  brought  into  a 
cantonment by any person for his immediate domestic consumption: 

Provided that the 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. 

CHAPTER XII 

SPIRITUOUS LIQUORS AND INTOXICATING DRUGS 

285.  Unauthorised  sale  of  spirituous  liquor  or  intoxicating  drug.—If  within  a  cantonment,  or 
within such limit sad joining a cantonment as the Central Government may, by notification in the Official 
Gazette, define, any person not subject to Army, Navy or Air Force law, or any person subject to Army, 
Navy  or  Air  Force  law,  otherwise  than  as  a  military  officer  or  a  soldier  knowingly  barters,  sells  or 

90 

 
 
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  soldier's  wife  or  minor  child  without  the  written  permission  of  the  Officer 
Commanding the station, or of some person authorised by the Officer Commanding the station, to grant 
such  permission,  he  shall  be  punishable  with  fine  which  may  extend  to  five  thousand  rupees,  or  with 
imprisonment for a term which may extend to six months, or with both. 

286.  Unauthorised  possession of spirituous  liquor.—If  within  a cantonment, or  within  any  limits 

defined under section 285— 

(a) any person subject to, 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 soldier, 

has  in  his  or  her  possession,  except  on  behalf  of  the  Central  Government  or  for  the  private  use  of  a 
military officer, more than one quart of any spirituous liquor, other than fermented malt-liquor, without 
the written permission of the Officer Commanding the station or of some person authorised by the Officer 
Commanding  the  station,  to  grant  such  permission,  he  or  she  shall  be  punishable,  in  the  case  of  a  first 
offence,  with  fine  which  may  extend  to  two  thousand  five  hundred  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 to five thousand rupees.  

287.  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  a  Judicial 
Magistrate,  and  without  a  warrant,  arrest  any  person  whom  he  finds  committing  an  offence  under                
section 285 or section 286, 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  under  section  285  has  been  previously  convicted  of  an 
offence under that section, an officer in charge of a police station may, with the written permission of a 
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  under  section  285  or  section  286  may  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 of Chapter XXXIV of the Code of Criminal Procedure, 1973 (2 of 1974) 
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.  

288. 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  the 
Officer Commanding the station. 

CHAPTER XIII 

PUBLIC SAFETY AND SUPPRESSION OF NUISANCES 

General Nuisances 

289. Penalty for causing nuisances.—(1) Whoever— 

(a) in any street or other 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 

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(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, willfully 
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, 

monument, 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, storm water-drain, flags or other materials of any such street, 
or any lamp, bracket, direction-post, hydrant or water-pipe 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 the Chief 
Executive Officer by public notice, or in any pattern of vehicle or receptacle which has not been 
approved  for  the  purpose  by  the  Chief  Executive  Officer,  or  fails  to  close  such  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 the Chief 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 the 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  the  Chief  Executive  Officer 
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 shouting or by using megaphone 

or loud-speaker; 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 

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(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 Chief 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 carcass by the public 
conservancy establishment; or  

(ii) to remove and dispose of the carcass in accordance with any general directions given by 
the  Board  by  public  notice  or  any  special  direction  given  by  the  Chief  Executive  Officer  on 
receipt of such report as aforesaid; or 

(k) save with the written permission of the Chief 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 the purpose; or  

(m) uses or permits to be used without previous permission of the Chief Executive Officer any 

premises for any trade involving offensive smell or smoke, 

shall be punishable with fine which may extend to two thousand five hundred 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 two hundred-fifty rupees.  

(3) The owner or keeper of any animal found picketed or staying without a keeper in a street or other 

public place in a cantonment shall be punishable with fine which may extend to one thousand rupees. 

(4) Any animal found picketed or straying as aforesaid may be removed by any officer or employee 

of the Board to a pound. 

(5)  Whoever  in  a  cantonment  manufactures,  supplies,  carries  or  uses  for  packaging  or  any  other 
purposes  material  of  non-biodegradable  nature  including  polythene  bags  shall  be  punished  with  fine 
which may extend to five thousand rupees or imprisonment which may extend to six months. 

Dogs 

290.  Registration  and  control  of  dogs.—(1)  A  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  any  officer  authorised  in  this  behalf  of  all  dogs  kept  in  the 

cantonment;  

(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 be 
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 the Board thinks fit. 

(3) The Chief Executive Officer may— 

(a) cause to be destroyed, or to be confined for such period as 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 
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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) the 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 may extend to one thousand 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 Chief Executive Officer or gives information which is 
false, 

 shall be punishable with fine which may extend to two thousand rupees.  

Traffic 

291.  Traffic  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 five hundred rupees.  

Prevention of fire, etc. 

292. Use of inflammable materials for building purposes.—(1) The Chief Executive Officer 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 the Chief 
Executive Officer 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) The Chief Executive Officer 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 aforesaid  to  remove  such 
roof 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  the  Chief 
Executive Officer 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 consent of the Chief Executive Officer, it shall make compensation, not exceeding the 
original cost of constructing the roof or wall, for any damage caused by the removal.  

293. Stacking or collecting inflammable materials.—A Board may, by a public notice, prohibit in 
any  case  where  such  prohibition  appears  to  it  to  be  necessary  for  the  prevention  of  danger  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,  or  within  any 
limits therein, which may be specified in the notice:  

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Provided  that  Chief  Executive  Officer  may,  in  case  of  imminent  danger  to  public  life  or  property, 
enforce  such  prohibition  in  consultation  with  the  President  or  the  Vice-President  in  the  absence  of  the 
President.  

294. 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  be  deemed  to  prohibit  the  use  of  lights  for  purpose  of 

illumination on the occasion of a festival or public or private entertainment.  

295. Regulation of cinematographic and dramatic performances.—(1) Notwithstanding anything 
contained in 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  performance,  pantomime,  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  the  Chief  Executive 
Officer 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  performance,  pantomime,  circus,  carnival,  exhibition, 
dance or other similar show for public recreation or 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 to five thousand rupees, and, in the case of continuing offence, with an additional fine 
which may extend to two thousand 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 
performance, pantomime, circus, carnival, exhibition, dance or other similar show for public recreation or 
amusement,  in  any  theatre  or  institute  which  is  the  property  of  Government  where  the  exhibition, 
performance, pantomime, circus, carnival, exhibition, dance or other similar show for public recreation or 
amusement, is held with the permission and under the control of the military authorities.  

296. Discharging fire-works, fire-arms, etc.—Whoever in a cantonment discharges any fire-arm or 
lets  off  fire-works  or  fire-balloons,  or  detonates  or  engages  in  any  game  or  carries  on  works  such  as 
quarries, blasts, timber cutting or 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 to two thousand five hundred rupees. 

297.  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 the  Chief  Executive  Officer, in  a ruinous  state  or,  for  want  of 
sufficient repairs, protection or enclosure, a nuisance or dangerous to persons passing by or dwelling or 
working in the neighbourhood, the Chief Executive Officer, by notice in writing may, require the owner, 
or  part-owner  or  person  claiming  to  be  the  owner  or  part-owner  thereof,  or,  failing  any  of  them,  the 
occupier, thereof, to remove the same or may require him to repair, or to protect or to enclose, the same in 
such manner as the thinks necessary; and, if the danger is, in the opinion of the Chief Executive Officer, 
imminent, he shall forthwith take such steps as he thinks necessary to avert the same.  

298. Enclosure of wasteland used for improper purposes.—The Chief Executive Officer 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. 

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CHAPTER XIV 

REMOVAL AND EXCLUSION FROM CANTONMENTS AND SUPPRESSION OF SEXUAL IMMORALITY 

299. Power to remove brothels and prostitutes—The Officer Commanding the Station 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 information received, summon the owner, 
lessee, tenant or occupier of the building to appear before him or the Board as the case may be either in 
person  or  by  an  authorised  agent,  and,  if  the  Officer  Commanding  the  Station  or  the  Board,  is  then 
satisfied as to the truth of  the information, 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.  

300.  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 three months, or with fine which 
may  extend  to  five  thousand  rupees  and  in  case  of  subsequent  offence  shall  be  punishable  with 
imprisonment which may extend to one year. 

(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  Military,  Naval  or  Air  Force  Police,  being  employed  in  the  cantonment  and  authorised  in  this 
behalf  by  the  Officer  Commanding  the  Station,  in  whose  presence  the  offence  was  committed,  or  of  a 
police  officer  not  below  the  rank  of  Assistant  Sub-Inspector,  who  is  deployed  in  the  cantonment  and 
authorised  in  this  behalf  by  the  Officer  Commanding  the  Station  with  the  concurrence  of  District 
Magistrate. 

301. Removal of persons from cantonment.—If the Officer Commanding the Station or the Board 
is, after such inquiry 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, under section 300, or of the abetment of 
such an offence 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  the  Officer 
Commanding the Station or the Board. 

302. Removal and exclusion from cantonment of disorderly persons.—(1) A 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 under Chapter XVII of the Indian Penal Code (45 of 1860); or  

(c)  has  been  ordered  under  Chapter  VIII  of  the  Code  of  Criminal  Procedure,1973  (2  of  1974) 

either within the cantonment or elsewhere to execute a bond for his good behaviour,  

may record in writing the substance of the information received, and may issue a summon to such person 
requiring him 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 
aforesaid and the copy shall be served along with the summons on the person against whom the summon 
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 sub-section (1) and that it is 
necessary for the maintenance of good order in the cantonment that such person is required to be removed 
therefrom and be prohibited from re-entering the cantonment, the Magistrate shall inform the matter to the 

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Officer  Commanding  the  Station  and,  the  Officer  Commanding  the  Station  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  the 
Officer Commanding the Station. 

303.  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  breach  of  discipline  amongst  any  portion  of  the  forces  or  is  a  person  who,  the  Officer 
Commanding the Station has reason to believe, is likely to do any such act, the Officer Commanding the 
Station may make an order in writing setting forth the reasons for making of the 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 the 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 of the 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), the Officer Commanding the Station shall 

forthwith send a copy of the same to the Central Government. 

(4) The Central Government may of its own motion and shall on application made to it in this behalf 
within one month of the date of the order by the person against whom the order has been made, call upon 
the  District  Magistrate  to  make  after  such  inquiry  as  the  Central  Government  may  prescribe  a  report 
regarding the justice of the order and the necessity therefor: 

Provided that 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) The  Central  Government  may,  at  any  time  after the  receipt  of  the  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, make such orders 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  General  Officer 
Commanding-in-Chief, the Command for the rescission of the 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.  

304. Penalty.—Whoever— 

(a) fails to comply with an order issued under this Chapter within the period specified therein or 

whilst  an  order  prohibiting  him  from  re-entering  a  cantonment  without  permission  is  in  force,                   
re-enters 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 to five thousand rupees and in case of continuing offence 
with an additional fine which may extend to five hundred rupees for every day after the first during which 
he has persisted in the offence. 

CHAPTER XV 

POWERS, PROCEDURES, PENALTIES AND APPEALS 

Entry and inspection 

305. Powers of entry.—It shall be lawful for the President or the Vice-President of a Board, or the 
Chief Executive Officer, or the Health Officer or any person specially authorised by the Chief Executive 

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Officer, or the Health Officer or for any other person authorised by general or special order of a 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 under 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  in  section  274  or  section  283  or  to  authorise  the  conferment  upon  any  person  of  any  such 
power. 

306. Power of inspection by member of a Board.—A Board may by special order authorise or order 
any member to 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 documents belonging to, or in the possession of, 
the Board. 

307.  Power  of  inspection,  etc.—(1)  A  Board  or  the  Chief  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,  reinstated,  or  made  good,  as  the  case  may  be  by  the  Board  or  the  Chief 
Executive Officer. 

308.  Power  to  enter  land,  adjoining  land where work  is  in  progress.—(1) The  Chief  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 depositing thereon 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  Chief  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 day's 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 Chief Executive Officer shall, in exercising any power conferred by this section, do as little 
damage  as  may  be,  and  compensation  shall  be  payable  by  the  Board  to  the  owner  or  occupier  of  such 
land, or to both, for any such damage whether permanent or temporary.  

309. 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 present refuses to open such door, gate or barrier. 

310. Entry to be made in the day time.—Save as otherwise expressly provided in this Act, no entry 

authorised by or under this Act shall be made except between the hours of sunrise and sunset.  

311. 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 to make such entry: 

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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 in section 277 or 
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  intended  for  human  food  is  slaughtered  in  that  place  in 
contravention of this Act or any bye-law made thereunder. 

312. Regard to be had to social and religious usages.—When any place used as a human dwelling 
is entered under 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 withdraw and every reasonable facility 
has been afforded to her for withdrawing.  

313.  Penalty  for  obstruction.—Whoever  obstructs  or  molests  any  person  acting  on  behalf  of  the 
Board, who is not a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860) 
or any person with whom the Board has lawfully contracted, in the execution of his duty or of anything 
which he is empowered or required to do by virtue or in consequence of any of the provisions of this Act 
or 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 to five thousand rupees. 

Powers and duties of police officers 

314.  Arrest  without  warrant.—Any  member  of  the  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  of  a  breach  of  any  such  provisions 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 of the 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 under section 300 except— 

 (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  of  the  Military,  Naval  or  Air  Force  Police,  who  is 
employed  in  the  cantonment  and  authorised  in  this  behalf  by  the  Officer  Commanding  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  assistant  sub-inspector  who  is  deployed  in  the  cantonment  and 
authorised in this behalf by the Officer Commanding the station.  

315.  Duties  of  police  officers.—It  shall  be  the  duty  of  all  police  officers  to  give  immediate 
information to the Board of the 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 employees 
in the exercise of their lawful authority. 

Notices 

316. Notices to fix reasonable time.—Where any notice, order or requisition made under this Act or 
any other 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. 

317.  Authentication  and  validity  of  notices  issued  by  Board.—(1)  Every  notice,  order  or 

requisition issued by a Board under this Act or any rule or bye law made thereunder shall be signed— 

(a) either by the President of the Board or by the Chief Executive Officer; or 

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

(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 license, 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 
the Chief 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.  

318. Service of notice, etc.—(1) Every notice, order or requisition issued under this Act or any rule 

or bye-law made thereunder shall, save as otherwise expressely 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  member  or  servant  or  his  family,  or  by 
causing it to be affixed on some conspicuous part of the buildings 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 the owner, lessee or occupier 
therein, and the service thereof shall, save as otherwise expressly provided, be effected either— 

(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 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 
member or servant of the family of any such owner, lessee, 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  member  or  servant  of  his  family  shall  be  deemed  to be service  upon  the 
minor.  

319. 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 Board or in such other public place during 
such period, or is published in such local newspaper or in such other manner, as the Board may direct. 

320. 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 the  Board,  or  the  civil area committee  or the  Chief  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  be 
recoverable by the Chief 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 under section 324:  

Provided that where the action or step relates to the demolition of any erection or re-erection under 
section 248 or the removal of any projection or encroachment under section 252, the Board or the civil 
area committee or the Chief Executive Officer may request any police officer to render such assistance as  

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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.  

321. 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 in section 320 has been given is prevented by the occupier 
from  complying  with  such  notice,  the  Board  or  civil  area  committee  or  the  Chief  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 actions 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. 

Recovery of Money 

322. Liability of occupier to pay in default of owner.—(1) If any such notice as is referred to in 
section 320 has been given to any person in respect of property of which he is the owner, and he fails to 
comply with the notice so given, the Board or the civil area committee or the Chief Executive Officer at 
whose  instance  such  notice  has  been  issued  may  require  any  occupier  of  such  property  or  of  any  part 
thereof to 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 under section 320:  

Provided that if the occupier, on application made to him by the Board or the civil area committee or 
the Chief Executive Officer at whose instance such notice has been issued, refuses to truly disclose the 
amount of his rent or the name or address of the person to whom it is payable, the Chief Executive Officer 
may recover from the occupier the whole amount recoverable under section 320 in the same manner as 
money is recoverable by the Board under section 324. 

 (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. 

323. 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 or 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 or 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, the 
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. 

324. Method of recovery.—(1) Notwithstanding anything elsewhere contained in this Act arrears of 
any tax, and any other money recoverable, including rent on land and buildings due or damages and fine 
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 a Judicial Magistrate having jurisdiction in the cantonment or in any place where the person 
from  whom  such  tax,  rent  or  money  is  recoverable  may  for  the  time  being  be  residing,  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,  growing  crops  up  to  the  value  of  five  thousand  rupees  and 

implements and cattle used for the purposes of agriculture shall be exempt from such distress or sale.  

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(2)  An  application  to  a  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 Chief Executive Officer or the Defence 
Estates  Officer  or  the  Officer  Commanding  the  Station  or  any  other  officer  authorised  by  any  of  these 
officers, 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  of               
sections 421 and 422 of the Code of Criminal Procedure, 1973 (2 of 1974), 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.  

Committees of Arbitration 

325.  Application  for  a  Committee  of  Arbitration.—In  the  event  of  any  disagreement  as  to  the 
liability of a 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  the  Board  shall  for  the  reference  of  the 
matter to a Committee of Arbitration, and the Board shall forthwith proceed to convene a Committee of 
Arbitration to determine the matter in dispute. 

326. Procedure for convening Committee of Arbitration.—When a Committee of Arbitration is to 
be convened, the Board shall cause a public notice to be published stating 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 members of the Committee as it is entitled to nominate under 
section 327, 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 provisions of 
that section.  

327.  Constitution  of  the  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 the Government or the Board, and who 

shall be nominated by the Officer Commanding the Station;  

(b) two persons nominated by the Board; 

(c) two persons nominated by the other party concerned. 

(2)  If  the  Board  or  the  other  party  concerned  or  the  Officer  Commanding  the  Station  fails  within 
seven days of the date of issue of the notice referred to in section 326 to 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  the 
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 vacancy or vacancies.  

328. 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  the 
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 the Board or the 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 327. 

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329.  Meetings and  powers  of  Committee  of  Arbitration.—(1)  When  a  Committee  of  Arbitration 
has been duly constituted, the 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 the 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.  

330. Decisions of Committee of Arbitration.—(1) The decisions 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 Committee of Arbitration shall be final and shall not be questioned in any court.  

Prosecutions 

331. Prosecutions.—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 the Board concerned or a person authorised 
by the Board by a general or special order in this behalf.  

332. Composition of offence.—(1)The Chief Executive Officer or any person authorised by him, by 
general or special order in this behalf, may,  before or after the institution of the proceedings, compound 
an 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  the  Chief  Executive  Officer,  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 be taken against him in respect of the offence so compounded.  

General Penalty Provisions 

333. 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  to  five 
thousand rupees, and, in the case of a continuing failure or contravention, with an additional fine which 
may extend to five hundred rupees for everyday after the first during which he has persisted in the failure 
or contravention.  

334.  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 offence 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 

103 

 
 
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 punished accordingly.  

Explanation.—For the purposes of this section,— 

(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.  

335. 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 
prejudice 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.  

336.  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 a Board, he shall 
be liable to make good such damage, and the amount payable in respect of the damage shall, in case  of 
dispute,  be  determined  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  recovered  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  of  sections  421  and  422  of  the  Code  of  Criminal  Procedure,                  
1973 (2 of 1974) as if it were a fine recoverable under a sentence passed by him.  

Limitation 

337. 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  a  Judicial  Magistrate  within  the  six  months 
aforesaid.  

Suits 

338. Protection  of  action of Board,  etc.—No  suit  or  prosecution  shall  be  entertained in any  court 
against  a  Board  or  against  the  Chief  Executive  Officer,  the  Officer  Commanding  a  station,  Defence 
Estates  Officer,  Principal  Director,  General  Officer  Commanding  in  Chief,  the  Command,  Director 
General  Defence  Estates,  or  against  any  member  of  a  Board,  or  against  any  officer  or  employee  of  a 
Board,  for  anything  which  is  in  good  faith  done  or  intended  to  be  done,  under  this  Act  or  any  rule  or               
bye-law made thereunder.  

339.  Notice  to  be  given  of  suits.—(1)  No suit  shall be  instituted  against  any  Board  or  against  any 
member  of  a  Board,  or  against  any  officer  or  employee  of  a  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 the Board, and, in the 
case of such member, officer or employee, 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 name and place of abode of the intending 
plaintiff, and unless the plaint contains a statement that such notice has been so delivered or left.  

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(2) If the Board or member, officer or employee has, before the suit is instituted, tendered sufficient 
amounts 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  of 
immovable 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.  

Appeals and Revision 

340. Appeals from executive orders.—(1) Any person aggrieved by any order described in the third 
column of Schedule V may appeal to the appellate authority specified in that behalf in the fourth column 
of the said Schedule.  

(2) The Central Government may, for the purposes of expeditious disposal of the pending appeals, by 
notification in the Official Gazette, amend Schedule V so as to designate additional appellate authority in 
the fourth column of the said Schedule. 

 (3)  No  such  appeal  shall  be  admitted  if  it  is  made  after  the  expiry  of  the  period  specified  in  that 

behalf in the fifth column of the said Schedule. 

 (4)  The  period  specified  as  aforesaid  shall  be  computed  in  accordance  with  the  provisions  of  the 

Limitation Act, 1963 (36 of 1963), with respect to the computation of periods of limitation thereunder. 

341. Petition of Appeal.—(1) Every appeal under section 340 shall 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 appellate authority, and may attach 
thereto any report which it may desire to make by way of explanation. 

342. Suspension of Action Pending Appeal.—On the admission of an appeal from an order, other 
than  an  order  contained  in  a  notice  issued  under  section  144,  section  183,  section  238,  section  273  or 
section  302,  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. 

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

(2)  The  provisions  of  this  Chapter  with  respect  to  appeals  shall  apply,  as  far  as  may  be,  to  the 

applications for revision made under this section.  

(3) The appellate authority shall make endeavours to dispose of the appeal made under section 340 of 

this Act within a period of ninety days. 

344. Finality of the Appellate Orders.—Save as otherwise provided in section 343, every order of 

appellate authority shall be final. 

345.  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. 

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CHAPTER XVI 

RULES AND BYE-LAWS 

346.  Power  to  make  rules.—(1)  The  Central  Government  may,  after  previous  publication,  make 

rules to 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  and 

belonging to the Government 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;  

(c) the allotment to a Board of a share of the rents and profits accruing from property entrusted to 

its management under the provisions of section 63;  

(d)  the  appointment,  promotion,  transfer,  tenure  of  office,  salaries  and  allowances,  provident 
funds, pensions, gratuities, leave of absence, discipline and other condition of service of employees of 
Boards;  

(e)  the  circumstances  in  which  security  shall  be  demanded  from  employees  of  Boards  and  the 

amount and nature of such security;  

(f) the keeping of accounts by Boards and the manner in which such accounts shall be audited and 

published; 

(g) the definition of the persons by whom, and the manner in which, money may be paid out of a 

cantonment fund or cantonment development fund;  

(h) the  preparation  of estimates  of  income  and  expenditure by  Boards  and  the definition  of the 

persons by whom, and the conditions subject to which, such estimates may be sanctioned;  

(i) the regulation of the procedure of Committees of Arbitration;  

(j) the prescribing of registers, statements and forms to be used and maintained by any authority 

for the purposes of this Act;  

(k) the grant of leave to the members of the Board;  

(l) the form of notices, required to be sent under this Act and the manner of their service; and 

(m) any other matter which is required to be, or may be prescribed.  

347. Supplemental provisions respecting rules.—(1) A rule under section 346 may be made either 

generally for all cantonments or for the whole or any part of any one or more cantonments. 

 (2) The power to make rules under clause (c) of sub-section (2) of section 346 shall include power to 
give retrospective effect from a date not earlier than the date of commencement of the Cantonments Act, 
2006,  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) of section 346.  

(3) All rules made under this Act shall be published in the Official Gazette and in such other manner, 
if any, as the Central Government may direct and, on such publication, shall have effect as if enacted in 
this Act. 

 (4) Every rule made by the Central Government 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 

106 

 
 
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. 

348.  Power  to  make  bye-laws.—Subject  to  the  provisions  of  this  Act  and  of  the  rules  made 
thereunder,  a  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 of a census;  

(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  and  the 

refund of taxes; 

(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  straying  within  the  limits  of  the 

cantonments 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,                      
water-closets, privies, latrines, urinals, cesspools and other drainage works; 

(10) the regulation or prohibition of the discharge into, or deposit in, drains of sewage, polluted 

water and other offensive or obstructive matter; 

(11) the regulation or prohibition of the stabling or herding 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 by 
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,  sarais,  hotels,  dak-bangalows,  lodging-
houses,  boarding-houses,  buildings  let  intenements,  residential  clubs,  restaurants,  eating-houses, 
cafes,  refreshment-rooms,  guest  houses,  holiday  resorts,  cinemas  and  places  of  public  recreation, 
entertainment or resort;  

(15)  the  regulation  of  the  ventilation,  lighting,  cleansing,  drainage  and  water-supply  of  the 
buildings  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  granted  under                        

section 295 or section 277;  

(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 there from;  

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(18)  the  regulation  of  the  erection  of  any  enclosure,  fence,  tent,  awning  or  other  temporary 
structure  of  whatsoever  material  or nature  on any  land  situated  within  the cantonment  and  the fees 
chargeable in respect thereof;  

(19)  the  laying  out  of  streets,  and  the  regulation  and  prohibition  of  the  erection  of  buildings 

without adequate provision being made for the laying out and location of streets; 

(20)  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 and levy of 
development charges;  

(21)  the  regulation  of  the  use  of  public  parks  and  gardens  and  other  public  places,  and  the 

protection of avenues, trees, grass and other appurtenances of streets and other public places;  

(22) the regulation of the grazing of animals and the fees chargeable in respect thereof; 

(23) the fixing and regulation of the use of public bathing and washing places; 

(24)  the  regulation  of  the  posting  of  bills  and  advertisment,  and  of  the  position,  size,  shape  or 

style or name boards, sign-boards and sign-posts; 

(25)  the  fixation  of  a  method  for  the  sale  of  articles whether  by  measure,  weight,  piece  or  any 

other method;  

(26) the rendering necessary of licences within the cantonment for— 

(a) persons working as job porters for the conveyance of goods;  

(b) animals or vehicles let out on hire or used for hawking articles; 

(c) the proprietors or drivers of vehicles, boats or other conveyances, or of animals kept or 

plying for hire or used for hawking articles; 

(d) persons impelling or carrying such vehicles or other conveyances; or 

(e) persons practising as nurses, midwives or dais;  

(27)  the  prescribing  of  the  fee  payable  for  any  licence  required  under  clause  (26),  and  of  the 

conditions subject to which such licences may be granted, revised, suspended or withdrawn;  

(28) 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  impelling  or 
carrying such vehicles or conveyances as are referred to in clause (26);  

(29) the prescribing of fee payable for any licence except as otherwise specifically provided in the 

Act, sanction or for any written permission granted by the Chief Executive Officer; 

(30) 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;  

(31) 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 of any rule or bye-law made thereunder, persons 
residing within or near the cantonment;  

(32) the prevention of the spread of infectious or contagious diseases within the cantonment; 

(33) the segregation in, or the removal and exclusion from, the cantonment, or the destruction, of 
animals  suffering  from  or  reasonably  suspected  to  be  suffering  from  any  infectious  or  contagious 
disease;  

(34)  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;  

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(35) the manner in which connections with water-works may be constructed or maintained, and 

the agency which shall or may be employed for such construction and maintenance; 

(36) the regulation of all matters and things relating to the supply and use of water including the 

collection and recovery of charges there for and the prevention of evasion of the same; 

(37) the maintenance of schools, and the furtherance of education generally; 

(38) 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 
the Board 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  landscape  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; 

(39) the rendering necessary of licences for the use of premises within the cantonment as stables, 

kennels, sites or cow houses or as accommodation for sheep, goats or fowls; 

(40) the control of the use in the cantonment of mechanical whistles, sirens or trumpets; 

(41)  the  regulation  of  supply  of  copies  of  official  document  and  prescribing  the  fee  payable  in 

respect thereof; 

(42) the regulation of permission for granting licence for use of loud-speakers and prescribing the 

fee payable in respect thereof; 

(43) the conservation and maintenance of ancient and historical monuments, archaeological sites 

and remains or place of public importance in the cantonment; and  

(44) generally for the regulation of the administration of the cantonment under this Act. 

349.  Penalty  for  breach  of  bye-laws.—(1)  Any  bye-law  made  by  a  Board  under  this  Act  may 

provide that a contravention thereof shall be punishable— 

(a) with fine which may extend to five thousand rupees; or 

(b)  with  fine  which  may  extend  to  five  thousand  rupees  and,  in  the  case  of  a  continuing 
contravention, with an additional fine which may extend to five hundred rupees for every day during 
which such contravention continues after conviction for the first such contravention; or 

(c)  with  fine  which  may  extend  to  one  hundred  fifty  rupees  for  every  day  during  which  the 
contravention continues after the receipt of a notice from the Board or Chief Executive Officer by the 
person contravening the bye-law requiring such person to discontinue such contravention. 

(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. 

350.  Supplemental  provisions  regarding  bye-laws  and  regulations.—(1)  Any  power  to  make              

bye-laws  conferred  by  this  Act  is  conferred  subject  to  the  conditions  of  bye-laws  being  made  after 
previous publication and of their not taking effect until they have been approved and confirmed by the 
Central Government and published in the Official Gazette.  

(2) The Central Government in confirming a bye-law may make any change therein which appears to 

it to be necessary. 

 (3)  The  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 and Regulation 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 and Regulation, or order or both 
Houses agree that the bye-law and Regulation, or order should not be made, the bye-law and Regulation, 
or order shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, 

109 

 
 
however, that any such modification or annulment shall be without prejudice to the validity of anything 
previously done under that bye-law and Regulation or order.  

351. Rules and 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 of the 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 the Board and shall be sold to 

the public at cost price singly, or in collection at the option of the purchaser. 

CHAPTER XVII 

SUPPLEMENTAL PROVISIONS 

352.  Extension  of  certain  provisions  of  the  Act  and  rules  to  place  beyond  cantonments.—The 
Central  Government  may,  by  notification  in  the  Official  Gazette,  and  subject  to  any  conditions  as  to 
compensation or otherwise which thinks fit to impose, extend to any area beyond a cantonment and in the 
vicinity thereof, with or without restriction or modification, any of the provisions of Chapters VIII to 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.  

353. 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, Chief Executive Officer or Health Officer, subject 
to such conditions, if any, as may be specified in the resolution, all or any of its functions under clause (b) 
of  sub-section  (5)  of  section  290,  section  168,  section170,  section  175,  section  167,  section  263  and 
section 264. 

(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  to  the  Vice-President,  Chief 
Executive Officer or Health Officer.  

354. Registration.—(1) Paragraphs 2 and 3 of section 54, and section 59, 107 and 123 of the Transfer 
of Property Act, 1882 (4 of 1882), with respect to the transfer of property by registered instrument, shall, 
on and from the commencement of this Act, extend to every cantonment. 

(2)  The  Registrar  or  Sub-Registrar  of  the  district  or  sub-district  formed  for  the  purposes  of  the 
Registration  Act,  1908  (16  of  1908)  in  which  any  cantonment  is  situated,  shall,  when  any  document 
relating to immovable property within the cantonment is registered, send information of the registration 
forthwith to the Chief Executive Officer and the Defence Estates Officer and such other authority as the 
Central Government may prescribe in this behalf.  

355. Validity of notices 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.  

356.  Admissibility  of  document  or  entry  as  evidence.—A  copy  of  any  receipt,  application,  plan, 
notice, order or other document or of any entry in a register, in the possession of a Board shall, if duly 
certified  by  the  legal  keeper  thereof  or  other  person  authorised  by  the  Chief  Executive  Officer  in  this 
behalf,  be  admissible  in  evidence  of  the  existence  of  the  document  or  entry,  and  shall  be  admitted  as 
evidence of the matters and transactions there in recorded in every case where, and to the same extent to 
which, the original documents or entry would, if produced, have been admissible to prove such matters. 

357. Evidence by officer or employee of the Board.—No officer or employee of a Board shall, in 
any legal proceeding to which the Board is not party, be required to produce any register or document the 
contents of which can be proved under section 356 by 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.  

358.  Application  of  Act  4  of  1899.—For  the  purposes  of  the  Government  Buildings  Act,  1899, 
cantonments and Boards shall be deemed to be municipalities and municipal authorities respectively and 
the  references  to  the  State  Government  in  section  4  of  that  Act  shall  be  construed  as  references  to  the 
Central Government.  

110 

 
 
359. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of 
this Act, the Central Government may, by order published in the Official Gazette, make such provisions 
not inconsistent with the provisions of this Act, as appear to it to be necessary for removing the difficulty:  

Provided that no such order shall be made after the expiry of a period of two years from the date of 

commencement of this Act. 

(2) Every order made under sub-section (1) shall be laid, as soon as may be after it is made, before 

each House of Parliament. 

360. Repeals and savings.—(1) The Cantonments Act, 1924 (2 of 1924) is hereby repealed. 

(2) Notwithstanding the repeal of the Cantonments Act, 1924 (2 of 1924)— 

(a)  any  appointment,  notification,  order,  scheme,  rule,  form,  notice  or  bye-law  made  or  issued, 
and any licence or permission granted under the Act shall, in so far as it is not in consistent with the 
provisions of this Act continue in force and be deemed to have been made, issued or granted, under 
the provisions of this Act, unless and until it is superseded by any appointment, notification, order, 
scheme, rule, form, notice or bye-law made or issued or any licence or permission granted under the 
said provisions; 

(b)  all  debts,  obligations  and  liabilities  incurred,  all  contracts  entered  into  and  all  matters  and 
things engaged to be done by, with or for the Board shall be deemed to have been incurred, entered 
into or engaged to be done by, with or for the Board constituted under this Act; 

(c) all budget estimates, assessments, valuations, measurements or divisions made by the Board 
shall in so far as they are not inconsistent with the provisions of  this Act, continue in force and be 
deemed to have been made under the provisions of this Act unless and until they are superseded by 
any budget estimate, assessment, valuation, measurement or division made by the Board constituted 
under the said provisions; 

(d) all properties, movable and immovable and all interests of whatsoever nature and kind therein, 
vested in the Board shall with all rights of whatsoever description, use, enjoyed or possessed by the 
said Board vest in the Board constituted under this Act; 

(e) all rates, taxes, fees, rents and other sums of money due to the Board shall be deemed to be 

due to the Board constituted under this Act; 

(f) all rates, taxes, fees, rents, fares and other charges shall, until and unless they are varied by the 
Board  constituted  under  this  Act,  continue  to  be  levied  at  the  same  rate  at  which  they  were  being 
levied by the Board immediately before the commencement of this Act; 

(g)  all  suits,  prosecutions  and  other  legal  proceedings  instituted  or  which  might  have  been 
instituted by or against the Board may be continued or instituted by or against the Board constituted 
under this Act.  

111 

 
 
 
 
SCHEDULE I 

(See section 100) 

NOTICE OF DEMAND 

To 

residing at  

Taking notice that the 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 
...............................20............,  and  ending  on  the  .........................day  of  ........................20......................, 
and  that  if,  within  thirty  days  from  the  service  of  this  notice,  the  said  sum  is  not  paid  to  the  Board 
at.................................. or sufficient cause for non-payment is not shown to the satisfaction of the Chief 
Executive Officer, warrant of distress/attachment* will be issued for the recovery of the same with costs.  

Dated this.......................................day of ......................20......................... 

(Signed) 

Chief Executive Officer, 
Cantonment. 

[*Strike out whichever is not applicable.]  

112 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
SCHEDULE II. 

(See section 101) 

FORM OF WARRANT 

(Here insert the name of the officer charged with the execution of warrant) 

the 

Whereas A.B. of ................... has not paid, and has not shown satisfactory cause for the non-payment 
the  period 
the 

of, 
of............................commencing  on 
.......................... day of................20........ which sum is leviable under.......................  

the  day  of....................20..............  and  ending  with 

account  of.................*............... 

...................  due  on 

sum  of 

for 

And whereas thirty days have elapsed since the service on him of notice of demand for the same.  

This is to command you to [distraint/attach#] subject to the provisions of the Cantonments Act, 2006, 
the [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 property [seized/attached #] by 
you thereunder.  

Dated this .......................day of ...........................20....................... 

                                        (Signed) 

                                                            Chief Executive Officer, 

Cantonment. 

*Here describe the liability.  

# Strike out whichever is not applicable.  

113 

 
 
                   
 
 
 
 
SCHEDULE III 

(See section 103) 

FORM OF INVENTORY OF PROPERTY DISTRAINED AND NOTICE OF SALE 

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......................day  of 
............................day 
..................20................  and  ending  with 
of....................20................, 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  Board  the  said  amount, 
together with the costs of recovery, the said property will be sold by public auction. 

the 

Dated this ............................................day of ..................................20............... 

(Signature of officer executing the warrant.)  

INVENTORY 

(Here state particulars of property seized).  

*Here describe the liability.  

114 

 
 
 
 
 
SCHEDULE IV 

(See section 314) 

CASES IN WHICH POLICE MAY ARREST WITHOUT WARRANT 

PART A 

Subject 

Making or selling of food, etc., or washing of clothes, by infected person. 
Drunkenness, etc. 

PART B 

Remaining  in,  or  re-entering,  cantonment  after  notice  of  expulsion  for  failure  to 
attend hospital or dispensary. 
Destroying, etc., name of street or number affixed to building. 
Feeding animal on faith, etc. 
Using threatening or abusive words, etc. 
Indecent exposure of person, etc. 
Begging. 
Exposing deformity, etc. 
Gaming. 
Destroying notice, etc. 
Displaces, damages, alters, pavements, gutter, storm water drain.  
Keeping common gaming-house, etc. 
Beating drum, etc. 
Singing, etc., so as to disturb public peace or order. 
Setting loose, or setting on, ferocious dog. 
Discharging fire-arms, etc., so as to cause danger. 
Loitering or importuning for sexual immorality. 
Remaining in, or returning to, a cantonment after notice of expulsion. 

Section 
174 
289(1)(a)(i) 

183(1) 

259 
282 
289(1)(a)(ii) 
289(1)(a)(iii) 
289(1)(a)(iv) 
289(1)(a)(v) 
289(1)(a)(vii) 
289(1)(a)(xii) 
289(1)(a)(xiii) 
289(1)(f) 
289(1)(g) 
289(1)(h) 
290(6) 
296 
300 
304(a) 

115 

 
 
 
 
 
 
 
 
 
 
SCHEDULE V 

APPEALS FROM EXECUTIVE ORDERS 
(See section 340)  

Sl. No.  Section 

Executive Order 

Appellate Authority 

Time allowed for appeal 

1 

1. 

2. 

2 

3 

4 

5 

2 (zc)  Declaring 'inhabitant' 

District Magistrate 

Fifteen days. 

137 

Notice  to  fill  up  well,  tank, 
etc.,  or 
to  drain  off  or 
remove water. 

Principal Director 

Thirty  days  from  service  of 
notice. 

3. 

138 

4. 

139 

5. 

6. 

142 

144 

7. 

147 

8. 

183 

9. 

190 

10. 

192 

Notice  requiring  the  owner 
to  provide 
latrine,  urinal, 
cesspool  dust-bin  or  other 
receptacle. 
Notice requiring provision of 
sanitary  facilities  in  market, 
school, theatre or other place  
of public resort. 

Notice 
congested building. 

for 

removal  of 

Notice  requiring  a  building 
to  be  repaired  or  altered  so 
as 
sanitary 
remove 
to 
defects. 

Notice  prohibiting  owner  or 
occupier to use a building or 
part of a building for human 
habitation. 

it 

from 

Order  directing  a  person  to 
the 
remove 
Cantonment  and  prohibiting 
him from  
re-entering 
permission. 
Notice 
maintenance  
or closing of private source  
of  public  drinking  water 
supply. 

requiring 

without 

Notice  requiring  the  owner, 
lessee  or  occupier  of  a 
building  or  land  to  obtain 
water  from  a  source  of 
public water supply. 

Board 

Board 

Fifteen  days  from  service  of 
notice. 

Fifteen  days  from  service  of 
notice. 

General Officer  
Commanding-in-Chief,  
the Command 

Principal Director 

Thirty  days  from  service  of 
notice. 

Thirty  days  from  service  of 
notice. 

Principal Director 

Twenty-one  from  days  service 
of notice. 

General Officer 
Commanding-in-Chief, 
the Command 

Thirty  days  from  service  of 
notice. 

Board 

Board 

Fifteen  days  from  service  of  
notice. 

Fifteen  days  from  service  of 
notice. 

116 

 
 
 
 
 
1 

11. 

2 

195 

3 

between 

Notice  for  cutting  off  the 
connection 
any 
source  of  public  water 
supply  and  any  building  or 
land 
is 
supplied. 

to  which  water 

4 

Board 

5 

Fifteen  days  from  service  of 
notice. 

12. 

238  

(a)  Refusal  to  sanction 
or                 
the 
erection 
re-erection 
a 
building in a civil area. 

of 

Principal Director 

Thirty  days  from  service  of 
communication.  

(b)  Refusal to  sanction 
erection 
the 
re-erection 
building 
Cantonment 
than a civil area). 

of 
in 

or                  
a 
a 
(Other 

13. 

239 

14. 

248  

15. 

252 

16. 

253 

of 

stoppage 

Order 
of 
building  or  works  in  certain 
cases. 

(a) Notice to stop erection or 
re-erection  of,  or  to  alter  or 
demolish,  a  building  in  a 
civil area.  

(b) Notice to stop erection or 
re-erection  of,  or  to  alter  or 
demolish,  a  building  in  a 
Cantonment  (Other  than  a 
civil area 

Notice  requiring  the  owner 
or  the  occupier  to  alter  or 
remove  any  projection  or 
encroachment. 

Notice 
to  pull  down  or 
a 
otherwise 
deal  with 
building newly erected or re-
built  without  permission 
over  a  sewer,  drain,  culvert, 
water course or   water- pipe. 

General Officer 
Commanding-in-Chief, 
the Command 

Thirty  days  from  service  of 
communication. 

Board 

Thirty  days  from  service  of 
communication. 

Principal Director 

Thirty  days  from  service  of 
communication. 

General Officer 
Commanding-in Chief, 
the Command 

Thirty  days  from  service  of 
communication. 

Board 

Board 

Thirty  days  from  service  of 
notice. 

Thirty  days  from  service  of 
notice. 

117 

 
 
 
 
 
 
 
 
 
1 

17. 

2 

273 

18. 

297 

19. 

302 

3 

Notice 
restricting 
slaughter-house. 

prohibiting 
or 
the  use  of  a 

or 

enclose 

Notice  to  remove,  repair, 
protect, 
a 
building,  wall  or  anything 
affixed thereto, or well, tank, 
reservoir, pool, depression or 
excavation. 

Notice  directing  disorderly 
to  remove  from 
person 
cantonment 
and 
prohibiting  him  from  re-
without 
it 
entering 
permission. 

4 

Board 

Board 

5 

Twenty-one  days  from  service 
of notice. 

Thirty  days  from  service  of 
notice. 

District Magistrate 

Thirty  days  from  service  of 
notice. 

118 

 
 
 
