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The Cantonments Act, 2006

The Cantonments Act, 2006

 

CONTENTS

 

Sections

Particulars

 
  Chapter I – Preliminary
 
1 Short title, extent and commencement
2 Definitions
 
  Chapter II – Definition and Delimitation of Cantonment
 
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
 
10 Cantonment Board
11 Incorporation of Cantonment Board
12 Constitution of Cantonment 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
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
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
39 Meetings
40 Business to be transacted
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
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
61 Validity of proceedings, etc.
 
  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
 
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
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
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
90 Inspection of imported goods, octroi, terminal tax and toll, etc.
91 Power to seize, etc.
92 Lease of octroi, terminal tax or toll
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
98 Payment and recovery of taxes. 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
108 Special provisions relating to taxation, etc. 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 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
 
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
123 Application of cantonment fund, cantonment development fund and property
124 Acquisition of immovable property
125 Power to make rules regarding cantonment fund, cantonment develpment 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
 
130 Sanitary authorities. Responsibility for sanitation
131 General duties of Health Officer
132 Conservancy and sanitation
133 Duty of occupier to collect and deposit 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 alteration 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
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
155 Prevention of infectious, contagious or communicable diseases
156 Blood bank
157 Special measures in case of outbreak of infectious or epidemic diseases
158 Power to require names of 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 building or shed
171 Disinfection of building before letting the same
172 Disposal of infected article without disinfection
173 Means of disinfection
174 Making 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
178 Hospitals and dispensaries. 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 Control of traffic for hygienic purposes. Routes for pilgrims and others
185 Conditions of service of safai karamcharis and others
 
  Chapter IX – Water- Supply, Drainage and Sewage Collection
 
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
198 Power of Board to lay wires, connections, etc.
199 Wires, etc., laid above surface of ground
200 Connection with main not to be made without permission
201 Power to prescribe ferrules and to establish meters, etc.
202 Power of inspection
203 Power to fix rates and charges
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 to 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
221 Miscellaneous. 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 of 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
 
  Chapter X – Town Planning and Control over Buildings, 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
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 of trees
263 Digging of public land
264 Improper use of land
 
  Chapter XI – Markets, Slaughter- Houses, Trades and Occupations
 
265 Public markets 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
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
280 General provisions. 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
284 Import of cattle and flesh
 
  Chapter XII – Spirituous Liquors and Intoxicating 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 XIII – Public Safety and Suppression of Nuisances
 
289 Penalty for causing nuisances
290 Registration and control of dogs
291 Traffic rule of the road
292 Use of inflammable materials for building 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
 
  Chapter XIV – Removal and Exclusion from Cantonments 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
 
  Chapter XV – Powers, Procedures, Penalties and Appeals
 
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
314 Arrest without warrant
315 Duties of police officers
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
322 Liability of occupier to pay in default of owner
323 Relief to Agents and Trustees
324 Method of recovery
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 of Arbitration
330 Decisions of Committee of Arbitration
331 Prosecutions
332 Composition of offence
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
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
 
  Chapter XVII – 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

 

 

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