The Cantonments Act, 2006

ACT NO. 41 OF 2006

PREAMBLE

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

ARRANGEMENT OF SECTIONS

CHAPTER I
PRELIMINARY SECTIONS

Short title, extent and commencement.
Definitions.
CHAPTER II
DEFINITION AND DELIMITAITON OF CONTONMENT
Definition of cantonments.
Alteration of limits of cantonments.
The effect of including area in cantonment.
Disposal of cantonment fund and cantonment development fund when area ceases to be a
cantonment.
Disposal of cantonment fund and cantonment development fund when area ceases to be included
in a cantonment.
Application of funds and property transferred under sections 6 and 7.
Limitation of operation of Act.
CHAPTER III
CANTONMENT BOARDS
Boards
Cantonment Board.
Incorporation of Cantonment Board.
Constitution of Cantonment of Boards.
Power to vary constitution of Boards in special circumstances.
Term of office of members.
Filling of vacancies.
Vacancies in special cases.
Oath or affirmation.
Resignation.
President and Vice-President.
Term of office of Vice-President.
Duties of President.
Duties of Vice-President.
Allowances to Vice-President and members.
Appointment of Chief Executive Officer.
Duties of Chief Executive Officer.
Special power of Chief Executive Officer.
Elections
Electoral rolls.
Qualification of electors.
Qualification for being a member of the Board.
Interpretation.
Power to make rules regulating elections.
Members
Member not to vote on matter in which he is interested.
Liability of members.
Removal of members.
Consequences of removal.
Member of the Board to be deemed a public servant.
Employees
Disqualification of person as an employee of Board.
Cantonment employee to be deemed a public servant.
Procedure
Meetings.
Business to be transcted.
Quorum.
Presiding Officer.
Minutes.
Meetings to be public.
Method of deciding questions.
Civil area.
Committees for civil areas.
Power to make regulations.
Joint action with other local authority.
Report on administration.
Control
Power of Central Government to require production of documents.
Inspection.
Power to call for documents.
Power to require execution of work, etc.
Power to provide for enforcement of direction under section 54.
Power to override decision of Board.
Power of Central Government to review.
Power of General Officer Commanding-in-Chief, the Command, on reference under section 56 or
otherwise.
Power of Central Government on a reference made under section 56.
Supersession of Board.
Validity of proceedings
Validity of proceedings, etc.
CHAPTER IV
DUTIES AND DISCRETIONARY FUNCTIONS OF BOARDS
Duties of Board.
Power to manage property.
Discretionary functions of Board.
Power of expenditure of educational, health and other purposes outside the cantonment.
CHAPTER V
TAXES AND FEES
Imposition of taxation
General power of taxation.
Charging of fees.
Norms of property tax.
Framing of preliminary proposals.
Objections and disposal thereof.
Imposition of tax.
Power of Central Government to issue directions to the Board.
Definition of “annual rateable value”.
Incidence of taxation.
Assessment list
Assessment list.
Revision of assessment list.
Authentication of assessment list.
Evidential value of assessment list.
Amendment of assessment list.
Preparation of new assessment list.
Notice of transfers.
Notice of erection of buildings.
Remission and refund
Demolition, etc., of buildings.
Remission of tax.
Power to require entry in assessment list of details of buildings.
Notice to be given of the circumstances in which remission or refund is claimed.
What buildings, etc., are to be deemed vacant.
Notice to be given of every occupation of vacant building or house.
Charge on immovable property
Tax on buildings and land to be a charge thereon.
Octroi, terminal tax and toll
Inspection of imported goods, octroi, terminal tax and toll, etc.
Power to seize, etc.
Lease of octroi, terminal tax or toll.
Appeals
Appeals against assessment.
Costs of appeal.
Recovery of costs from Board.
Conditions of right to appeal.
Finality of appellate orders.
Payment and recovery of taxes
Time and manner of payment of taxes.
Public notice for taxes due.
Notice of demand.
Recovery of tax.
Interest payable on taxes due.
Distress.
Disposal of distrained property.
Attachment and sale of immovable property.
Recovery from a person about to leave cantonment and refund of surplus sale proceeds, if any.
Power to institute suit for recovery.
Special provisions relating to taxation, etc.
Board to be a Municipality for taxation purposes.
Payment to be made to a Board as service charges by Central Government or State Government.
Power to be make special provision for conservancy in certain cases.
Exemption in case of buildings.
General power of exemption.
Exemption of poor persons.
Composition.
Irrecoverable debts.
Obligation to disclose liability.
Immaterial error not to affect liability.
Distraint not to be invalid by reason of immaterial defect.
CHAPTER VI
CANTONMENT FUND AND PROPERTY
Cantonment fund and cantonment development fund
Cantonment fund and cantonment development fund.
Custody of cantonment fund and cantonment development fund.
Power of Board to borrow money.
Property
Property.
Application of cantonment fund, cantonment development fund and property.
Acquisition of immovable property.
Power to make rules regarding cantonment fund, cantonment development fund and property.
CHAPTER VII
CONTRACTS
Contracts by whom to be executed.
Sanction.
Execution of contract.
Contracts improperly executed not to be binding on a Board.
CHAPTER VIII
SANITATION AND THE PREVENTION AND TREATMENT OF DISEASE
Sanitary authorities
Responsibility for sanitation.
General duties of Health Officer.
Conservancy and sanitation
Public latrines, urinals and conservancy establishments.
Duty of occupier to collect and desposit rubbish, etc.
Power of Board to undertake private conservancy arrangement.
Deposits and disposal of rubbish, etc.
Cesspools, receptacles, for filth, etc.
Filling up of tank, etc.
Provision of latrines, etc.
Sanitation in factories, etc.
Private latrines.
Special provisions for collection of rubbish and solid waste management.
Removal of congested buildings.
Overcrowding of dwelling houses.
Power to require repair or alternation of building.
Power to require land or building to be cleansed.
Prohibition in respect of air pollutant.
Power to order disuse of house.
Removal of noxious vegetation.
Agriculture and irrigation.
Burial and burning grounds
Power to call for information regarding burial and burning grounds.
Permission for use of new burial or burning ground.
Power to require closing of burial or burning ground.
Exemption from operation of sections 150 to 152.
Removal of corpses.
Prevention of infectious, contagious or communicable diseases
Obligation concerning infectious, contagious o communicable diseases.
Blood Bank.
Special measures in case of outbreak of infectious or epidemic diseases.
Power to require names of a dairyman‟s customers.
Power to require names of a washerman‟s customers.
Power to require names of patients or customers of a medical practitioner or paramedical
workers.
Report after inspection of dairy or washerman or medical practitioner‟s place of business.
Action on report submitted by Health Officer.
Examination of milk, washed clothes or needles, syringes, etc.
Contamination of public conveyance.
Disinfection of public conveyance.
Penalty for failure to report.
Driver of conveyance not bound to carry person suffering from infectious or contagious disease.
Disinfection of building or articles therein.
Destruction of infectious hut or shed.
Temporary shelter for inmates of disinfected or destroyed buildings or shed.
Disinfection of building before letting the same.
Disposal of infected article without disinfection.
Means of disinfection.
Marking or selling of food, etc., or washing clothes by infected person.
Power to restrict or prohibit sale of food or drink.
Control over wells, tanks, etc.
Disposal of infectious corpse.
Hospitals and dispensaries
Maintenance or aiding of hospitals or dispensaries.
Medical supplies, appliances, etc.
Free patients.
Paying patients.
Power to order person to attend hospital or dispensary.
Power to exclude from cantonment persons refusing to attend hospital or dispensary.
Control of traffic for hygienic purposes
Routes for pilgrims and others.
Special conditious regarding essential services
Conditions of service of Safai Karamcharis and others.
CHAPTER IX
WATER-SUPPLY, DRAINAGE, AND SEWAGE COLLECTION
Water-supply
Maintenance of water-supply.
Terms of water-supply.
Board to carry out survey and formulate proposals.
Control over sources of public water-supply.
Power to require maintenance or closing of private source of public drinking water-supply.
Supply of water.
Power to require water-supply to be taken.
Supply of water under agreement.
Board not liable for failure of supply.
Conditions of universal application.
Supply to persons outside cantonment.
Penalty.
Water, drainage and other connections
Power of Board to lay wires, connections, etc.
Wires, etc., laid above surface of ground.
Connection with main not be made without permission.
Power to prescribe ferrules and establish meters, etc.
Power of inspection.
Power to fix rates and charges.
Application of this Chapter to Government water-supplies
Government water-supply.
Water supply for domestic consumption.
Recovery of charges.
Supply of water from Government water-supply to the Board.
Functions of the Board in relation to distribution of bulk supply.
Special provisions concerning drainage and sewage.
Construction of and control of drains and sewage collection and disposal works.
Certain matters not to be passed into cantonments drains.
Application by owners and occupiers to drain into cantonment drains.
Drainage of undrained premises.
New premises not be erected without drains.
Power to drain group or block of premises by combined operations.
Power to close or limit the use of private drains in certain cases.
Use of drain by a person other than the owner.
Sewage and rain water drains to be distinct.
Power to require owner to carry out certain works for satisfactory drainage.
Appointment of places for the emptying of drains and collection of sewage.
Miscellaneous
Connection with water works and drains not to be made without permission.
Buildings, railways and private streets not to be erected or constructed over drains or water
works without permission.
Rights or user of property for aqueducts, lines, etc.
Power of owner of premises to place pipes and drains through land belonging to other persons.
Power to require railway level, etc., to be raised or lowered.
Power to execute work after giving notice to the person liable.
Power to affix shafts, etc., for ventilation of drain or cesspool.
Power to examine and test drains, etc., believed to be defective.
Bulk delivery of sewage by the Board.
Employment of Government agencies for repair, etc.
Works to be done by licensed plumber.
Prohibition of certain acts.
CHAPTER X
TOWN PLANNING AND CONTROL OVER BUILDING, ETC.
Preparation of land use plan.
Sanction for building.
Notice of new buildings.
Conditions of valid notice.
Powers of Board under certain sections exercisable by Chief Executive Officer.
Power of Board to sanction or refuse.
Order of stoppage of building or works in certain cases and disposal of things removed.
Power to sanction general scheme for prevention of overcrowding, etc.
Compensation.
Completion notice.
Lapse of sanction.
Restrictions on use of buildings.
Period for completion of building.
Completion certificate.
Illegal erection and re-erection.
Power to stop erection or re-erection or to demolish.
Power to seal unauthorised constructions.
Courts not to entertain proceedings in certain cases.
Power to make bye-laws.
Prohibition of structures or fixtures which cause obstruction in streets.
Unauthorised buildings over drains, etc.
Drainage and sewer connections.
Power to attach brackets for lamps and other accessories.
Maintenance of Roads.
Streets
Temporary occupation of street, land, etc.
Closing and opening of streets.
Names of streets and numbers of buildings.
Group Housing Schemes.
Boundary walls, hedges and fences.
Felling, lopping and trimming or trees.
Digging of public land.
Improper use of land.
CHAPTER XI
MARKET, SLAUGHTER-HOUSES, TRADES AND OCCUPATIONS
Public markers and slaughter-houses.
Use of public market.
Power to transfer by public auction, etc.
Stallages, rents, etc., to be published.
Private markets and slaughter-houses.
Conditions of grant of licence for private market or slaughter-house.
Penalty for keeping market or slaughter-house open without licence, etc.
Penalty for using unlicensed market or slaughter-house.
Prohibition and restriction of use of slaughter-house.
Power to inspect slaughter-houses.
Power to regulate certain activities.
Trades and occupations
Provision of washing places.
Licences required for carrying on of certain occupations.
Power to stop use of premises used in contravention of licences.
Conditions that may be attached to licences.
General Provisions
Power to vary licence.
Carrying on trade, etc., without licence or in contravention of section 280.
Feeding animals on dirt, etc.
Entry, inspection and seizure
Powers of entry and seizure.
Import of cattle and flesh
Import of cattle and flesh.
CHAPTER XII
SPIRITUOUS LIQUORS AND INTOXICATING DRUGS
Unauthorised sale of spirituous liquor or intoxicating drug.
Unauthorised possession of spirituous liquor.
Arrest of persons and seizure and confiscation of things for offences against the two last
foregoing sections.
Saving of articles sold or supplied for medicinal purposes.
CHAPTER XII
PUBLIC SAFETY AND SUPRESSION OF NUISANCES
General Nuisances
Penalty for causing nuisances.
Dogs
Registration and control of dogs.
Traffic
Traffic rule of the road.
Prevention of fire, etc.
Use of inflammable materials for buildings purposes.
Stacking or collecting inflammable materials.
Care of naked lights.
Regulation of cinematographic and dramatic performances.
Discharging fire-works, fire-arms, etc.
Power to require buildings, wells, etc., to be rendered safe.
Enclosure of wasteland used for improper purposes.
CHAPTER XIV
REMOVAL AND EXCLUSION FROM CANTONMNETS AND SUPPRESSION OF SEXUAL IMMORALITY
Power to remove brothels and prostitutes.
Penalty for loitering and importuning for purposes of prostitution.
Removal of persons from cantonment.
Removal and exclusion from cantonment of disorderly persons.
Removal and exclusion from cantonment of seditious persons.
Penalty.
CHAPTER XV
POWERS, PROCEDURES, PENALTIES AND APPEALS
Entry and inspection
Powers of entry.
Power of inspection by member of a Board.
Power of inspection, etc.
Power to enter land, adjoining land where work is in progress.
Breaking into premises.
Entry to be made in the day time.
Owner‟s consent ordinarily to be obtained.
Regard to be had to social and religious usages.
Penalty for obstruction.
Powers and duties of police officers
Arrest without warrant.
Duties of police officers.
Notices
Notices to fix reasonable time.
Authentication and validity of notices issued by Board.
Service of notice, etc.
Method of giving notice.
Powers of Board in case of non-compliance with notice, etc.
Occupier not to obstruct owner when complying with notice.
Recovery of Money
Liability of occupier to play in default of owner.
Relief to Agents and Trustees.
Method of recovery.
Committees of Arbitration
Application for a Committee of Arbitration.
Procedure for convening Committee of Arbitration.
Constitution of the Committee of Arbitration.
No person to be nominated who has direct interest or whose services are not immediately
available.
Meetings and powers of Committee or Arbitration.
Decisions of Committee of Arbitration.
Prosecutions
Prosecutions.
Composition of offence.
General Penalty Provisions
General penalty.
Offences by companies.
Cancellation or suspension of licences, etc.
Recovery of amount payable in respect of damage to cantonment property.
Limitation
Limitation for prosecution.
Suits
Protection of action of Board, etc.
Notice to be given of suits.
Appeals and Revision
Appeals from executive orders.
Petition of Appeal.
Suspension of Action Pending Appeal.
Revision.
Finality of the Appellate Orders.
Right of appellant to be heard.
CHAPTER XVI
RULES AND BYE-LAWS
Power to make rules.
Supplemental provisions respecting rules.
Power to make bye-laws.
Penalty for breach of bye-laws.
Supplemental provisions regarding bye-laws and regulations.
Rules and bye-laws to be available for inspection and purchase.
CHAPTER XVII
SUPPLEMENTAL PROVISIONS
Extension of certain provisions of the Act and rules to place beyond cantonments.
Power to delegate functions to the President, etc.
Registration.
Validity of notices and other documents.
Admissibility of document or entry as evidence.
Evidence by officer or employee of the Board.
Application of Act 4 of 1899.
Power to remove difficulties.
Repeals and savings.
SCHEDULE I.
SCHEDULE II.
SCHEDULE III.
SCHEDULE IV.
SCHEDULE V.