Cantonments Act, 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.

Act Id	cantonments-act-2006
Act Number	41
Enactment Date	2006-09-13
Act Year	2006
Ministry	Ministry of Defence
Enforcement Date	18-12-2006

PRELIMINARY
- 1 Short title, extent and commencement.
- 2 Definitions.
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.
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.
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.
Employees
- 37 Disqualification of person as an employee of Board.
- 38 Cantonment employee to be deemed a public servant.
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.
Validity of proceedings
- 61 Validity of proceedings, etc.
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.
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.
Charge on immovable property
- 89 Tax on buildings and land to be a charge thereon.
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.
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.
Property
- 122 Property.
- 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.
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.
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.
- 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.
Control of traffic for hygienic purposes
- 184 Routes for pilgrims and others.
Special conditious regarding essential services
- 185 Conditions of service of Safai Karamcharis and others.
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.
- 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.
TOWN PLANNING AND CONTROL OVER BUILDING, ETC.
- 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.
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.
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.
Entry, inspection and seizure
- 283 Powers of entry and seizure.
Import of cattle and flesh
- 284 Import of cattle and flesh.
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.
General Nuisances
- 289 Penalty for causing nuisances.
Dogs
- 290 Registration and control of dogs.
Traffic
- 291 Traffic rule of the road.
Prevention of fire, etc.
- 292 Use of inflammable materials for buildings purposes.
- 293 Stacking or collecting inflammable materials.
- 294 Care of naked lights.
- 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
- 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.
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.
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.
Prosecutions
- 331 Prosecutions.
- 332 Composition of offence.
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.
Limitation
- 337 Limitation for prosecution.
Suits
- 338 Protection of action of Board, etc.
- 339 Notice to be given of 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.
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.
SUPPLEMENTAL PROVISIONS
- 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.