Section List

41/2006 - The Cantonments Act, 2006 ▶

Act Number: 41

Act Name: The Cantonments Act, 2006

Year: 2006

Enactment Date: 2006-09-13

Long Title: 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.

Ministry: Ministry of Defence

Department: Department of Defence

Section Number	Title	Actions
1	Short title, extent and commencement.
2	Definitions.
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.
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.
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 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.
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.
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.
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	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	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.
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 development fund and property.
126	Contracts by whom to be executed.
127	Sanction.
128	Execution of contract.
129	Contracts improperly executed not to be binding on a Board.
130	Responsibility for sanitation.
131	General duties of Health Officer.
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.
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	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.
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.
185	Conditions of service of Safai Karamcharis and others.
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 be made without permission.
201	Power to prescribe ferrules and 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 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	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.
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 or trees.
263	Digging of public land.
264	Improper use of land.
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.
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	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.
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.
289	Penalty for causing nuisances.
290	Registration and control of dogs.
291	Traffic rule of the road.
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.
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.
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 play 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 or 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.
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.
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.