Cantonments (House-Accommodation) Act 1923

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THE CANTONMENTS (HOUSE-ACCOMMODATION) ACT, 1923

^[1]^ ACT NO. VI OF 1923

[5th 1923]

An Act further to amend and to consolidate the law relating to the provision of house-accommodation for military officers in cantonments.

WHEREAS it is expedient further to amend and to consolidate the law relating to the provision of house-accommodation for military officers in cantonments; it is hereby enacted as follows :-

[1] For Statement of Objects and Reasons, see Gazette of India . 1922. Pt. V, p. 233 ; and for Report of Joint Committee. see Gazette of India . 1923, Pt. V, p. 5.

CHAPTER I

PRELIMINARY

1. Short title, extent and commencement.- (1) This Act may be called the Cantonments (House Accommodation) Act, 1923.

^[2]^ [(2) It extends to the whole of Pakistan .]

(3) It shall come into force on the first day of April, 1923, but it shall not become operative in any cantonment or part of a cantonment until the issue, or otherwise than in pursuance, of a notification as hereinafter provided by section 3:

Provided that any notification made under section 3 of the ^[4]Cantonments^ (Home-Accommodation) Act, 1902 (II of 1902), which is in force at the commencement of this Act, shall be deemed to be a notification made under section 3 of this Act.

[2]. The original sub-section (2), as amended by A.O., 1937, A.O., 1949, and the Federal Laws (Revision and Declaration) Act 1951 (6 of 1951). S. 8, has been subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), S 3 and 2nd Sch. (with effect from the 14th October, 1955).

[3] This****Act has been extended to :

(i) the Leased Areas of Balochistan, see the Leased Areas (Laws) Order, 1950 (G.G.O. 3 of 1950); and applied in the Federated Areas of Balochistan see Gazette of India , 1937, Pt. I, p. 1499:

(ii) the****Balochistan States Union, see the Balochistan States Union (Federal Laws) (Extension) Order, 1953 (GG.0. 4 of 1953), as amended by the Balochistan States Union (Federal Laws) (Extension) (Second Arndt.) Order, 1953 (G.G.O. 19 of 1953); and

(iii) the Khairpur State, see G.G.O. 5 of 1953, as amended by G.G.O. 24 of 1953. The Act has been and shall be deemed to has been brought into force in Gwadur with effect from the 8th September, 1958, by the Gwadur (Application of Central Laws) Ordinance, 1960 (37 of 1960). S. 2.

[4] Rep. by S. 39 and Sch. Of this Act

2. Definitions.- (1) In this Act, unless there is anything repugnant in the subject or context,-

(a) Bridge area means one of the Bridge areas, whether occupied by a bridge or not, into which ^[2]^ [Pakistan] is for military purposes for the time being divided, and includes any area which the ^[3]^ [Federal Government] may, by notification in the ^[4]^ [official Gazette], declare to be a Bridge area for all or any of the Purposes of this Act;

[2] Subs. by A.O 1949 for India

[3] Subs. by A.O 1937 for G.G. in C

[4] Subs. Ibid for Gazette of Pakistan

^[5]^ [(b) Cantonment Board means a Cantonment Board constituted under the Cantonments Act, 1924; (II of 1924)]

[5]. This clause, originally lettered (bb) was instituted by the Cantonments (House-Accommodation Amendment) Act 1925 (10 of 1925), S. 2. It was re-lettered (b), and the original cl. (b) was omitted; by the Cantonments (House Accommodation Arndt.) Act. 1930 ( 9 of 1930 ) S. 2.

(c) Command means one of the Commands into which ^[6]^ [ Pakistan ] is for military purposes for the time being divided, and includes any area which the ^[7]^ [Federal Government] may, be notification in the ^[8][^ Official Gazette], declare to be a Command for all or any of the purposes of this Act;

[6]. Subs. By Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), S. 4 and Sch., for India ".

[7]. Subs. by the Cantonment (House-Accommodation Amendment) Act, 1925 (10 of 1925),. S.6, for "Commanding Officer of the Cantonment".

[8]. Ins. by the Cantonments (House Accommodation) Amendment) Act, 1930(9 of 1939), S. 2.

(d) ^[9]^ [Officer Commanding the station] means the Officer for the time being command of the forces in a cantonment [10][or, if that officer is the Officer Commanding the District, the military officer who would be in command of those forces in the absence of the Officer Commanding the District];

(e) District means one of the Districts into which ^[11]^ [Pakistan] is for military purposes for time being divided; it includes a Bridge area which does not form part of any such District and any area which the ^12^ [Federal Government] may, by notification in the ^13^[official Gazette], declare to be a District for all or any of the purposes of this Act;

[11] Subs. by A.0.. 1949. for " India ".

[10]. Subs. by AO., 1961. Art. 2 and Sch. for "His Majestry's Military or Air Force (with effect from the 23rd March 1956).

[11]. Subs. by AO., 1961. Art 2 and Sch., for "His Majestry's Military or Air Forces" (with effect from the 23rd March, 1956)

[13] Subs. by A.0.. 1997. for "Gazette of India ".

(f) house means a house suitable for occupation by a military officer or a military mess, and includes the land and buildings apartment to a house;

(g) military officer means a commissioned or warrant officer of ^[10]^ [the military or air forces of Pakistan ] on military or air-force duty in a cantonment, and includes a Chaplain on duty with troops in a cantonment, ^[10]^ [an officer of the Cantonments Department] and any person in Army departmental employment whom the Officer Commanding the District may at any time, by an order in writing, place on the same footing as a military officer for the purposes of this Act;

(h) owner includes the person who is receiving, or is entitled to receive, the rent of a house, whether on his own account or on behalf of himself and others or as an agent or trustee, or who would so receive the rent, or be entitled to receive it, if the house were let to a tenant; and

(i)a house is said to be in a state of reasonable repair when-

(i) all floors, walls, pillars and arches are sound and all roofs sound and watertight,

(ii) all doors and windows are intact, property painted or oiled, and provided with proper locks or bolts or other secure fastenings, and

(iii) all rooms, out-houses and other appurtenant buildings are properly colour-washed or white-washed.

(2) If any questions arises whether any land or building is appurtenant to a house, it shall be decided by the ^[13][^ Officer Commanding the station] whose decision thereon shall, subject to revision by the ^[14]^ [Collector], be final.

[13]. Subs. by the Cantonment (House-Accommodation Amendment) Act, 1925 (10 of 1925). S.6, for "Commanding Officer of the Cantonment".

[14]. Subs. by the Cantonment (House-Accommodation Amendment) Act, 1925 (9of 1925). S.2 for "District Magistrate

CHAPTER II

APPLICATION OF ACT

3. Cantonments or parts of cantonments in which Act to be operative.- (1) The ^[1]^ [Federal Government], ^[2]^ * * * may, by notification in the ^[3][^ official Gazette], declare this Act to be operative in any cantonment or part of a cantonment ^[4]^ * * *, ^[5]^ * * *.

(2) Before issuing a notification under sub-section (1) in respect of any cantonment or part of a cantonment, the ^6^[Federal Government] shall cause local inquiry to be made with a view to determining whether it is expedient to issue such notification, and what portion (if any) of the area proposed to be included therein should be excluded therefrom.

[1] Subs by A.O. 1937, for L.G.

[2] The words with the previous sanction of the G.G. in C. A.O. 1937.

[3] Subs. by A.O. 1937. for "local official Gazette".

[4] The words situate in the Province omitted. Ibid.

[5] The words other than a Cantonment situate within the limits of a Presidency-Town omitted by A.O. 1949.

^1^ [4.Saving of written instruments.- Nothing in this Act shall affect the provisions of any written ^2^ [Government] contract^3^ unless all the parties to that contract consent in writing to be bound by the terms of this Act.]

[1] Subs. by A.O. 1937 for original section 4.

[2] Subs. by A.O. 1961. Art. 2 for Crown (with effect from the 23^rd^ March, 1956)

[3] For definition. See the General Clauses Act. 1897 (10 of 1987). S 3(14a).

CHAPTER III

APPROPRIATION OF HOUSES

5. Liability of houses to appropriation.- Every house situate in a cantonment or part of a cantonment in respect of which a notification under sub-section (1) of section 3 is for the time being in force shall be liable to appropriation by ^[1]^ [the**^[2]^** [Federal Government]] on a lease in the manner and subject to the conditions hereinafter provided.

[1] Subs, by A.O., 1937, for "the Govt.".

^[3]^ [6. Conditions on which houses may be appropriated.-( 1) Where-

(a) a military officer who is stationed in or has been posted to the cantonment, or a President of a military mess in the cantonment, applies in writing to the Officer Commanding the Station stating that he is unable to secure suitable accommodation in the cantonment for himself or the mess on reasonable terms by private agreement, and that no suitable house or quarter ^[4]^ [belonging to the Government] is available for his occupation or for the occupation of the mess, and the Officer Commanding the Station is satisfied on inquiry of the truth of the facts so stated ; or

(b) the Officer Commanding the Station is satisfied on inquiry that there is not in the cantonment a sufficient and assured supply of houses available at reasonable rates of rent by private agreement to meet the requirements of the military officers and military messes whose accommodation in the cantonment is in his opinion necessary or expedient, the Officer Commanding the Station may, with a view to enforcing the liability under section 5, serve a notice on the owner of any house which appears to him to be suitable for occupation by a military officer or a military mess, as the case may be, within the cantonment, or, it this Act is in force in part only of the cantonment, within that part, requiring the owner to permit the house to be inspected, measured and surveyed by such person and on such date, not being less than three clear days form the service of the notice, and at such time between sunrise and sunset, as may be specified in the notice.

(2) On the date and at the time so specified the owner shall be bound to afford all reasonable facilities to the person specified in the notice for the purpose of the inspection, measurement and survey of the house and if he refuses or neglects to do so, such person may subject to any rules made under this Act, enter on the premises and do all such things as may be reasonably necessary for the said purpose.]

[3] Subs. by the cantonments (House Accommodation) Amendment) Act, 1930 (9 of 1930), S. 3, for the original section 6.

[4] The words "belonging to the Government" were first subs. by AG.. 1937, and then amended by A.O., 1961, Art. 2 (with effect from the 23rd March, 1956). to read as above.

7. Procedure for taking house on lease.- (1) If, on the report of such person as aforesaid, the ^[1][^ Officer Commanding the station] is satisfied that the house is suitable for occupation by a military officer or a military mess, he may, ^[2]^ * * * by notice-

[1]. Subs. by the Cantonment (House-Accommodation Amendment) Act, 1925 (10 of 1925),. S.6, for "Commanding Officer of the Cantonment".

[2] The words with the previous sanction of the Officer Commanding the District omitted by the Cantonments (House Accommodation) Amendment Act 1930 (9 of 1930) S.4.

(a) require the owner to execute a lease of the house to ^[3]^[the ^[4]^ [Federal Government]] for a specified period which shall not be less than five years;

[3] Subs. By A.O.. 1937 for the Government

(b) require the existing occupier, if any, to vacate the house; and

(c) require the owner to execute within such time as may be specified in the notice such repairs as may, in the opinion of the ^1^ [Office Commanding the station], be necessary for the purpose of putting the house into a state of reasonable repair.

1. Subs. by the Cantonment (House-Accommodation Amendment) Act, 1925 (10 of 1925), S.6, for "Commanding Officer of the Cantonment".

(2) Every notice issued under sub-section (1) shall state the amount of the annual rent proposed as reasonable for the house, calculated on the assumption that the owner will carry out the required repairs, if any. It shall also contain an estimate of the cost of such repairs.

(3) The following shall be deemed to be conditions of every lease executed under sub-section (1), namely:-

(a) that the house shall, on the expiration of the lease, be re-delivered to the owner in a state of reasonable repair; and

(b) that the grounds and the garden, if any, appertaining to the house shall be maintained in the condition in which they are at the time at which the lease is executed:

^[5]^ [Provided that nothing in this sub-section shall be deemed to affect the right of ^[2]^ [the [6][ Federal Government]] to avoid the lease in any such event as is specified in clause (e) of section 108 of the Transfer of Property Act, 1882.(IV of 1882)]

[5] The words with the previous sanction of the Officer Commanding the District omitted by the Cantonments (House Accommodation) Amendment Act 1930 (9 of 1930) S.4.

[6] Subs. By A.O.. 1937 for the Government

8. [Procedure to be observed before taking a house on lease.] Rep. by the Cantonments (House-Accommodation Amendment) Act, 1930 (IX of 1930), s. 5.

9. Sanction to be obtained before a house is occupied as a hospital, etc.- No house in any cantonment or part of a cantonment in which this Act is operative shall, unless it was so occupied at the date of the issue of the notification declaring this Act or the ^[4]^ Cantonments (House-Accommodation) Act, 1902 (II of 1902), as the case may be, to be operative, be occupied for the purposes of a hospital, school, school hostel, bank, hotel, or shop, or by a railway administration, a company or firm engaged in trade or business or a club, without the previous sanction of the Officer Commanding the District given with the concurrence of the Commissioner or, in a Province where there are no Commissioners, of the Collector.

4. Rep by S. 39 and Sch. of this Act.

10. Houses not to be appropriated in certain cases.- No notice shall be issued under section 7 if the house-

(a) was, at the date of the issue of the notification declaring this Act or the 4Cantonments (House Accommodation) Act 1902 (II of 1902) as the case may be to be operative in the cantonment or part of the cantonment, or is, with such sanction as is required by section 9, occupied as a hospital, school, school hostel, bank, hotel or shop, and has been so occupied continuously during the three years immediately preceding the time when the occasion for issuing the notice arises, or

(b) was, at the date of such a notification as is referred to in clause (a), or is, with such sanction as aforesaid, occupied by a railway administration or by a company of fir{#"_GoBack"}m engaged in trade or business or by a club, or

(c) is occupied by the owner,or

(d) has been appropriated by the ^[1]^ [Provincial Government] with the concurrence of the Officer Commanding the District, or by the ^[2]^ [Federal Government], for use as a public office or for any other purpose.

1. Subs by A.O. 1937. for " L.G "

2. Subs, ibid. for "G.G in C"

11. Time to be allowed for giving possession of house.- (1) If a house is unoccupied, a notice issued under section 7 may require the owner to give possession of the same to the ^[1]^ [Officer Commanding the station] within twenty-one days from the service of the notice.

(2) If a house is occupied, a notice issued under section 7 shall not require its vacation in less than thirty days from the service of the notice.

(3) where a notice has been issued under section 7 and the house has been vacated in pursuance thereof, the lease shall be deemed to have commenced on the date on which the house was so vacated.

12. Surrender of house when to be enforced.- If the owner fails to give possessions of a house to the ^1^ [Officer Commanding the station] in pursuance of a notice issued under section 7, or if the existing occupier fails to vacate a house in pursuance of such a notice, the District Magistrate, by himself or by another person generally or specially authorized by him in this behalf, shall enter on the premises and enforce the surrender of the house.

13. Option in certain cases for owner on whom notice is issued under section 7 to call upon the Government to purchase. (1) If a house, in respect of which a notice is issued under section 7, is shown to the satisfaction of the [Central Government], or is proved by a decree or order of a Court of competent jurisdiction, to have been erected---

(a) under any conditions, rules, regulations or orders which were in force in Bengal prior to the eighth day of December, 1864, and conferred on the owner the option of offering the house for sale to the military officer applying for its appropriation for his occupation or to the East India Company or the Government.

^9^[* * * * * * * * * * * ]

Then the owner shall have the option of either complying with the notice or offering the house ^1^[for sale to the Central Government].

(2) If the owner elects to sell the house, and ^2^[the Central Government] is willing to purchase it, the question of the amount of the purchase-money to be paid shall, in the event of disagreement, be referred to ^3^[a Civil Court, in accordance with the provisions of Chapter IV].

  1. Cl. (b) omitted by A.O., 1949.

  2. Subs. By A.O., 1937, for for sale tp the Government .

  3. Subs. Ibid., for the Govt .

  4. Subs. By the Cantonments (House Accomodation Amendment) Act, 1930 (9 of 1930), S. 6, for a Committee of Arbitration .

14. Provision where house is held on long lease by a tenant.-( 1) If a house, in respect of which a notice is issued under section 7, is occupied by a tenant holding in good faith and for valuable consideration under a registered lease for any term exceeding one year, ^[2]^ [the ^[3]^ [Federal Government]] shall for the term of one year from the date on which the house is vacated in pursuance of the notice; or for the unexpired term or the lease, whichever is the shorter, be liable to the owner for the rent payable under this Act if the rent so fixed exceeds the rent so payable.

(2) If a house in respect of which a notice is issued under section 7, is occupied by a tenant holding in good faith and for valuable consideration under a registered lease from year to year, 1[the 2[Federal Government]] shall be liable as aforesaid for the term of six months from the date on which the house is vacated in pursuance of the notice.

(3) Nothing in this section shall be deemed-

(a) to render ^[4]^ [the ^2^ [Federal Government]] so liable unless an application in writing in this behalf is made by the owner to the ^[5]^ [Officer Commanding the station] within fifteen days from the service of the notice; or

(b) to limit or otherwise affect any agreement between ^[6]^ [the Government] and the owner.

[4] Subs. by A.O., 1937 tor "the Secretary of State for India in Council".

[5]. Subs. by the Cantonment (House-Accommodation Amendment) Act, 1925 (10 of 1925), S.6, for "Commanding Officer of the Cantonment".

[6]. The original words "the said Secretary of State in Council" were first subs. by A.O., 1937, and then amended by A.O., 1961. Art. 2 (with effect from the 23rd march, 1956), to reads as above.

15. Power for owner to refer to Civil Court on question of rent.- (1) lf the owner considers that the rent stated in a notice issued under section 7 is not reasonable, he may, within a period of ^[1]^ [thirty] days from the service of such notice, ^[2]^ [refer the matter to a civil Court, in accordance with the provisions of Chapter IV]:

^[3]^ [Provided that where an appeal has been made to the Officer Commanding the District under section 30, the period of thirty days shall be reckoned from the date on which the owner received notice of the result of the appeal under sub-section (2) of section 32.]

(2) If the owner does not make such a ^[4][^ reference] within the said period, he shall be deemed to have accepted the rent so offered.

[1]. Subs. by the Cantonment (House Accommodation Amendment) Act, 1925 (10 of 1925), S. 7, for "fifteen".

[2]. Subs. ibid., for require that the matter be referred by the [Officer Commanding the station] to a Committee of Arbitration". The words in brackets had been subs. by the Cantonments (House‑Accommodation Amendment) Act. 1925, (10 of 1925), S. 6, for "Commanding Officer of the Cantonment .

[3]. Provisio added by the Cantonment (House-Accommodation Amendment) Act, 1933 (22 of 1933). S.2.

16. Power for owner to refer to Civil Court on question of repairs.- (1) If the owner fails to execute any repairs to a house as required by a notice issued to him under section 7, the ^[1][^ Officer Commanding the station] may by notice require the Owner to execute the repairs within such period, not being less than ^[2]^ [thirty] days, as may be specified in the notice :

(2) If the owner objects to any requisition contained in a notice issued under sub-section (1), he may, within 2[thirty] days from the service of the notice, ^[3][^ refer the matter to a civil Court, in accordance with the provisions of Chapter IV]:

^[4]^ [Provided that where an appeal has been made to the Officer Commanding the Forces in the Union of Burma; under section 30, the period of thirty days shall be reckoned from the date on which the owner received notice of the appeal under sub-section (2) of section 32.]

^[5]^ [(3) Every reference under sub-section (2) shall be accompanied by an estimate of the repairs, if any, which the owner considers necessary in order to put the house into a state of reasonable repair.]

[1] Subs. by Act 9 of 1930, S. 7, for "requisition."

[2] Subs. by Act 10 of 1930, S. 6, for "Commanding Officer of the Cantonment."

[3] Subs. by Cantontnents (Housing Accommodation Amdt.) Act 1930 for "fifteen".

[4] Subs. ibid for "require that matter be referred by the officer commanding the station to a committee of Arbitration".

[5]. Provisio added by the Cantonment (House-Accommodation Amendment) Act, 1933 (22 of 1933). S.3.

^[1]^ [17. Power to have repairs executed and recover cost.- The owner fails to comply with a notice issued under sub-section (1) of section 16, the Military Engineer Services or the Public Works Department may, with the previous sanction of the Officer Commanding the station and notwithstanding any right of reference conferred by that section, cause the repairs specified in the notice to be executed at the expense of ^[2]^ [the ^[3]^ [Federal Government]], and the cost thereof, or, where a reference has been made. the amount finally determined by the civil Court, may be deducted from the rent payable to the owner.]

[1]. Subs. by the Cantonment (House-Accommodation Amendment) Act, 1930 (9 of 1930). S.9, for the original section.

18. Notice to be given of devolution of interest in house in cantonment.- Every person on whom devolves, by transfer, by succession or by operation of law, the interest of an owner in any house, or in any part of any house, situate in a cantonment or part of a cantonment in respect of which a notification under sub-section (1) of section 3 is for the time being in force, shall be bound to give notice of the fact to the ^1^[Officer Commanding the station] within one month from the date of such devolution, and if he, without reasonable cause, fails to do so, he shall be punishable with fine which may extend to fifty rupees.

[1]. Subs. by the Cantonment (House-Accommodation Amendment) Act, 1930 (9 of 1930). S.10, for the original Chapter IV entitled Committees of Arbitration and consisting of section 19 to 28.

[^[10]CHAPTER^ IV]

PROCEDURE IN REFERENCES

19. Jurisdiction in references.-- All references under this Act shall be made by application to, and tried by, the Court of the District Judge.

  1. Subs. By the Act 9 of 1930, S. 10, for the original Chapter IV entitled Committees of Arbitration and consisting of Ss. 19 to 28.

20. Procedure and powers of the Court.-- References under this Act shall be deemed to be proceedings within the meaning of section 141 of the Code of Civil Procedure, 1908, (V of 1908) and in the trial thereof the Court may exercise any of its powers under that Code.

21. Restriction of scope of inquiry.-- The scope of the inquiry- in a reference under this Act shall be restricted to a consideration of the matters referred to the Court in accordance with the provisions of this Act.

CHAPTER V

APPEALS

^[1]^ [29. Appeal to High Court.- (1) An appeal shall lie to the High Court against the decision of the Court of the District Judge upon a reference tried by it.

(2) No appeal under this section shall be admitted unless it is made within thirty days from the date of the decision against which it is preferred.

(3) An appeal preferred under this section shall be deemed to be an appeal from an order within the meaning of section 108 of the Code of Civil Procedure, 1908 (V of 1908)].

[1]. Subs. by the Cantonment (House-Accommodation Amendment) Act, 1930 (9 of 1930). S.11, for the original section 29.

^[1]^ [30. Appeal to Officer Commanding the District . The owner or any tenant of a house in respect of which a notice has been issued under section 7 may, within a period of ^[2]^ [ten days] from the date of the service thereof, appeal to the Officer Commanding the District against the decision of the Officer Commanding the Station to appropriate the house.]

[1]. Subs. by the Cantonment (House-Accommodation Amendment) Act, 1930 (9 of 1930). S.12, for the original section 30.

[2]. Subs. by the Cantonment (House-Accommodation Amendment) Act, 1933 (12 of 1933). S.4, for twenty two days .

31. Petition of appeal.- (1) Every petition of appeal under section 30 shall be in writing and accompanied by a copy of the notice appealed against.

(2) Any such petition may be presented to the ^[1]^ [Officer Commanding the station] and that officer shall be bound to forward it to the authority empowered by section 30 to hear the appeal, and may attach thereto any report which he may desire to make in explanation of the notice appealed against.

[1]. Subs. by the Cantonment (House-Accommodation Amendment) Act, 1925 (10 of 1925). S.6, for "Commanding Officer of the Cantonment".

(3) If any such petition is presented direct to the Officer Commanding the District and an immediate order on the petition is not necessary, the Officer Commanding the District may refer the petition to the 1[Officer Commanding the station] for report

^[1]^ [32. Order in appeal final. -(1)] The decision on any such appeal of the Officer Commanding the District ^[3]^ * * * shall be final, and shall not be questioned in any Court otherwise than on the ground that the house is situate in a cantonment, or part of a cantonment, in which this Act is not operative

[1] The original S.32 was renumbered as sub-Section (1) of that section by (House-Accommodation Amendment) Act, 1933 (22 of 1933). S.5.

[3] The words or of the General officer Commanding in Chief, the command as the case may be omitted by the Cantonment (House-Accommodation Amendment) Act, 1930 (9of 1930). S.13.

Provided that no appeal shall be decided until the appellant has been heard or has had a reasonable opportunity of being heard in person or through a legal practitioner, ^[4]^ [and in giving a decision the Officer Commanding the District shall record briefly the grounds therefore]

[4] Added by Act 9 of 1930.

^[5]^ [(2) Notice of the result of the appeal shall be given to the appellant as soon as may be, and, where the appellant is a tenant of the house, to the owner of the house also.]

[5] Subsection (2) ADDED by Act 22 of 1933 S.5.

33. Suspension of action pending appeal.- Where an appeal has been presented under section 30 within the period prescribed ^[1]^ [therein], all action on the notice shall, on the application of the appellant, be held in abeyance pending the decision of the appeal.

[1] Subs. by the Cantonment (House Accommodation Amendment) Act, 1930 (9 of 1930), S. 14, for "by subsection(2) of that section"

CHAPTER VI

SUPPLEMENTAL PROVISIONS

34. Service of notice and requisition.- Every notice or requisition prescribed by this Act shall be in writing, signed by the person by whom it is given or made or by his duly appointed agent, and may be served by post on the person to whom it is addressed, or in the case of an owner who does not reside in or near the cantonment, on his agent appointed ^[1]^ [in accordance with a bye-law made under clause (29) of section 282 of the Cantonment Act, 1924 (II of 1924)].

[1] Subs. by the Cantonment (House Accommodation Amendment) Act, 1930 (9 of 1930), S. 4, for "under the Cantonments Act, 1910. or any rule made thereunder."

35. Power for Federal Government to make rules.-( 1) The ^[3]^ [Federal Government] make rules to carry out the purposes and objects of this Act.

[3] Subs. By A.O.. 1937 for G.G in C

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may-

^[4]^ * * * * * * *

[4]cl. (a) omitted by Act 9 of 1930, S. 16.

(b) define the powers of entry, inspection, measurement or survey which may be exercised in carrying out the purposes and objects of this Act or of any rule made hereunder.

36. Further provisions respecting rules.- (1) The power to make rules under section 35 shall be subject to the condition of the rules being made after previous publication and of their not taking effect until they have been published in the ^[5]^ [official Gazette] and in such other manner (if any) as the ^[6]^ [Federal Government] may direct.

[5] Subs. by A.O.. 1937. for "Gazette of India ".

[6] Subs. By A.O.. 1937 for G.G in C

(2) Any rule under section 35 may be general for all cantonments or parts of cantonments in ^[7]^ [ Pakistan ] in which this Act is for the time being operative, or may be special for any of such cantonments or parts as the 3[Federal Government] may direct.

[7] Subs. by the Central Laws (Statute Reform) Ordinance 1960 (21 of 1960) S. 3 and 2nd Sch. (with effect from the 14th October, 1955), for "the Provinces and the Capital of the Federation" which had been subs. by A.O., 1949 for " British India ".

(3) A copy of the rules under section 35 for the time being in force in a cantonment shall be kept open to inspection free of charge at all reasonable times in the office of the Cantonment ^[8]^ [Board].

[8] Subs. by the Repealing and Amending act 1940 (31 of 1940), S. 3 arid Ilnd Sch. for "Authority". 9.

(4) In making any rule under clause (b) of sub-section (2) of section 35, the ^[9]^ [Federal Government] may direct that whoever obstructs any person, not being a public servant within the meaning of section 21 of the Pakistan Penal Code, (XLV of 1860) in making any entry, inspection, measurement or survey, shall be punishable with fine which may extend to fifty rupees, and, in the case of a continuing offence, with fine which, in addition to such fine as aforesaid, may extend to five rupees for every day after the first during which such offence continues.

[9] Subs. By A.O. 1937 for G.G in C

37. Inapplicability of section 556 of the Code of Criminal Procedure, 1898, to trials of offences.- No Judge or Magistrate shall be deemed, within the meaning of section 556 of the Code of Criminal Procedure 1898, (V of 1898) to be a party to, or personally interested in any prosecution for an offence constituted by or under this Act merely because he is a member of the Cantonment ^[1]^ [Board] or has ordered or approved the prosecution.

[1] Subs. by the Repealing and Amending act 1940 (31 of 1940), S. 3 arid Ilnd Sch. for "Authority".

38. Protection to persons acting under Act .- No suit or other legal proceeding shall lie against any person for anything done in good faith done or intended to be done under this Act or in pursuance of any lawful notice or order issued under this Act.

39. [Repeals.] Rep. by the Repealing Act, 1927 (XII of 1927), S. 2 and Schedule.


THE SCHEDULE.-[ENACTMENTS REPEALED.] Rep. by (XII of 1927), s. 2 AND Schedule.


[1] Subs. by F.A.O., 1975, Art. 2 and Table, for Central Government which was previously amended by A.O., 1937, for G.G. in C. .

^[2]^ Subs. by the Cantonments (House-Accommodation Amdt.) Act, 1925 (10 of 1925), s. 5, for Committee .

^[1]^ [34A. Computation of periods of limitation. - The period for making any reference or preferring any appeal under this Act shall be computed in accordance with the provisions of the Limitation Act, 1908 (IX of 1908)].

[1]. S.34 instituted, by the Cantonment (House-Accommodation Amendment) Act, 1930 (9of 1930). S.15.

THE SCHEDULE.-[ENACTMENTS REPEALED.] Rep. by (XII of 1927), s. 2 AND Schedule.

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