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The Cantonments Act, 2006

Central

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 number
41 of 2006
Ministry
Ministry of Defence
Department
Department of Defence
Enacted
13 Sep 2006

Source: IndiaCode Portal, Legislative Department, Ministry of Law and Justice, Government of India. Open on India Code Check against the official text before relying on it.

361 sections

  1. Section 1Short title, extent and commencement.
  2. Section 2Definitions.
  3. Section 3Definition of cantonments.
  4. Section 4Alteration of limits of cantonments.
  5. Section 5The effect of including area in cantonment.
  6. Section 6Disposal of cantonment fund and cantonment development fund when area ceases to be a cantonment.
  7. Section 7Disposal of cantonment fund and cantonment development fund when area ceases to be included in a cantonment.
  8. Section 8Application of funds and property transferred under sections 6 and 7.
  9. Section 9Limitation of operation of Act.
  10. Section 10Cantonment Board.
  11. Section 11Incorporation of Cantonment Board.
  12. Section 12Constitution of Cantonment of Boards.
  13. Section 13Power to vary constitution of Boards in special circumstances.
  14. Section 14Term of office of members.
  15. Section 15Filling of vacancies.
  16. Section 16Vacancies in special cases.
  17. Section 17Oath or affirmation.
  18. Section 18Resignation.
  19. Section 19President and Vice-President.
  20. Section 20Term of office of Vice-President.
  21. Section 21Duties of President.
  22. Section 22Duties of Vice-President.
  23. Section 23Allowances to Vice-President and members.
  24. Section 24Appointment of Chief Executive Officer.
  25. Section 25Duties of Chief Executive Officer.
  26. Section 26Special power of Chief Executive Officer.
  27. Section 27Electoral rolls.
  28. Section 28Qualification of electors.
  29. Section 29Qualification for being a member of the Board.
  30. Section 30Interpretation.
  31. Section 31Power to make rules regulating elections.
  32. Section 32Member not to vote on matter in which he is interested.
  33. Section 33Liability of members.
  34. Section 34Removal of members.
  35. Section 35Consequences of removal.
  36. Section 36Member of the Board to be deemed a public servant.
  37. Section 37Disqualification of person as an employee of Board.
  38. Section 38Cantonment employee to be deemed a public servant.
  39. Section 39Meetings.
  40. Section 40Business to be transcted.
  41. Section 41Quorum.
  42. Section 42Presiding Officer.
  43. Section 43Minutes.
  44. Section 44Meetings to be public.
  45. Section 45Method of deciding questions.
  46. Section 46Civil area.
  47. Section 47Committees for civil areas.
  48. Section 48Power to make regulations.
  49. Section 49Joint action with other local authority.
  50. Section 50Report on administration.
  51. Section 51Power of Central Government to require production of documents.
  52. Section 52Inspection.
  53. Section 53Power to call for documents.
  54. Section 54Power to require execution of work, etc.
  55. Section 55Power to provide for enforcement of direction under section 54.
  56. Section 56Power to override decision of Board.
  57. Section 57Power of Central Government to review.
  58. Section 58Power of General Officer Commanding-in-Chief, the Command, on reference under section 56 or otherwise.
  59. Section 59Power of Central Government on a reference made under section 56.
  60. Section 60Supersession of Board.
  61. Section 61Validity of proceedings, etc.
  62. Section 62Duties of Board.
  63. Section 63Power to manage property.
  64. Section 64Discretionary functions of Board.
  65. Section 65Power of expenditure of educational, health and other purposes outside the cantonment.
  66. Section 66General power of taxation.
  67. Section 67Charging of fees.
  68. Section 68Norms of property tax.
  69. Section 69Framing of preliminary proposals.
  70. Section 70Objections and disposal thereof.
  71. Section 71Imposition of tax.
  72. Section 72Power of Central Government to issue directions to the Board.
  73. Section 73Definition of “annual rateable value”.
  74. Section 74Incidence of taxation.
  75. Section 75Assessment list.
  76. Section 76Revision of assessment list.
  77. Section 77Authentication of assessment list.
  78. Section 78Evidential value of assessment list.
  79. Section 79Amendment of assessment list.
  80. Section 80Preparation of new assessment list.
  81. Section 81Notice of transfers.
  82. Section 82Notice of erection of buildings.
  83. Section 83Demolition, etc., of buildings.
  84. Section 84Remission of tax.
  85. Section 85Power to require entry in assessment list of details of buildings.
  86. Section 86Notice to be given of the circumstances in which remission or refund is claimed.
  87. Section 87What buildings, etc., are to be deemed vacant.
  88. Section 88Notice to be given of every occupation of vacant building or house.
  89. Section 89Tax on buildings and land to be a charge thereon.
  90. Section 90Omitted.
  91. Section 91Omitted.
  92. Section 92Omitted.
  93. Section 93Appeals against assessment.
  94. Section 94Costs of appeal.
  95. Section 95Recovery of costs from Board.
  96. Section 96Conditions of right to appeal.
  97. Section 97Finality of appellate orders.
  98. Section 98Time and manner of payment of taxes.
  99. Section 99Public notice for taxes due.
  100. Section 100Notice of demand.
  101. Section 101Recovery of tax.
  102. Section 102Interest payable on taxes due.
  103. Section 103Distress.
  104. Section 104Disposal of distrained property.
  105. Section 105Attachment and sale of immovable property.
  106. Section 106Recovery from a person about to leave cantonment and refund of surplus sale proceeds, if any.
  107. Section 107Power to institute suit for recovery.
  108. Section 108Board to be a Municipality for taxation purposes.
  109. Section 109Payment to be made to a Board as service charges by Central Government or State Government.
  110. Section 110Power to be make special provision for conservancy in certain cases.
  111. Section 111Exemption in case of buildings.
  112. Section 112General power of exemption.
  113. Section 113Exemption of poor persons.
  114. Section 114Composition.
  115. Section 115Irrecoverable debts.
  116. Section 116Obligation to disclose liability.
  117. Section 117Immaterial error not to affect liability.
  118. Section 118Distraint not to be invalid by reason of immaterial defect.
  119. Section 119Cantonment fund and cantonment development fund.
  120. Section 120Custody of cantonment fund and cantonment development fund.
  121. Section 121Power of Board to borrow money.
  122. Section 122Property.
  123. Section 123Application of cantonment fund, cantonment development fund and property.
  124. Section 124Acquisition of immovable property.
  125. Section 125Power to make rules regarding cantonment fund, cantonment development fund and property.
  126. Section 126Contracts by whom to be executed.
  127. Section 127Sanction.
  128. Section 128Execution of contract.
  129. Section 129Contracts improperly executed not to be binding on a Board.
  130. Section 130Responsibility for sanitation.
  131. Section 131General duties of Health Officer.
  132. Section 132Public latrines, urinals and conservancy establishments.
  133. Section 133Duty of occupier to collect and desposit rubbish, etc.
  134. Section 134Power of Board to undertake private conservancy arrangement.
  135. Section 135Deposits and disposal of rubbish, etc.
  136. Section 136Cesspools, receptacles, for filth, etc.
  137. Section 137Filling up of tank, etc.
  138. Section 138Provision of latrines, etc.
  139. Section 139Sanitation in factories, etc.
  140. Section 140Private latrines.
  141. Section 141Special provisions for collection of rubbish and solid waste management.
  142. Section 142Removal of congested buildings.
  143. Section 143Overcrowding of dwelling houses.
  144. Section 144Power to require repair or alternation of building.
  145. Section 145Power to require land or building to be cleansed.
  146. Section 146Prohibition in respect of air pollutant.
  147. Section 147Power to order disuse of house.
  148. Section 148Removal of noxious vegetation.
  149. Section 149Agriculture and irrigation.
  150. Section 150Power to call for information regarding burial and burning grounds.
  151. Section 151Permission for use of new burial or burning ground.
  152. Section 152Power to require closing of burial or burning ground.
  153. Section 153Exemption from operation of sections 150 to 152.
  154. Section 154Removal of corpses.
  155. Section 155Omitted.
  156. Section 156Blood Bank.
  157. Section 157Special measures in case of outbreak of infectious or epidemic diseases.
  158. Section 158Power to require names of a dairyman‟s customers.
  159. Section 159Power to require names of a washerman‟s customers.
  160. Section 160Power to require names of patients or customers of a medical practitioner or paramedical workers.
  161. Section 161Report after inspection of dairy or washerman or medical practitioner‟s place of business.
  162. Section 162Action on report submitted by Health Officer.
  163. Section 163Examination of milk, washed clothes or needles, syringes, etc.
  164. Section 164Contamination of public conveyance.
  165. Section 165Disinfection of public conveyance.
  166. Section 166Penalty for failure to report.
  167. Section 167Driver of conveyance not bound to carry person suffering from infectious or contagious disease.
  168. Section 168Disinfection of building or articles therein.
  169. Section 169Destruction of infectious hut or shed.
  170. Section 170Temporary shelter for inmates of disinfected or destroyed buildings or shed.
  171. Section 171Disinfection of building before letting the same.
  172. Section 172Disposal of infected article without disinfection.
  173. Section 173Means of disinfection.
  174. Section 174Marking or selling of food, etc., or washing clothes by infected person.
  175. Section 175Power to restrict or prohibit sale of food or drink.
  176. Section 176Control over wells, tanks, etc.
  177. Section 177Disposal of infectious corpse.
  178. Section 178Maintenance or aiding of hospitals or dispensaries.
  179. Section 179Medical supplies, appliances, etc.
  180. Section 180Free patients.
  181. Section 181Paying patients.
  182. Section 182Power to order person to attend hospital or dispensary.
  183. Section 183Power to exclude from cantonment persons refusing to attend hospital or dispensary.
  184. Section 184Routes for pilgrims and others.
  185. Section 185Conditions of service of Safai Karamcharis and others.
  186. Section 186Maintenance of water-supply.
  187. Section 187Terms of water-supply.
  188. Section 188Board to carry out survey and formulate proposals.
  189. Section 189Control over sources of public water-supply.
  190. Section 190Power to require maintenance or closing of private source of public drinking water-supply.
  191. Section 191Supply of water.
  192. Section 192Power to require water-supply to be taken.
  193. Section 193Supply of water under agreement.
  194. Section 194Board not liable for failure of supply.
  195. Section 195Conditions of universal application.
  196. Section 196Supply to persons outside cantonment.
  197. Section 197Penalty.
  198. Section 198Power of Board to lay wires, connections, etc.
  199. Section 199Wires, etc., laid above surface of ground.
  200. Section 200Connection with main not be made without permission.
  201. Section 201Power to prescribe ferrules and establish meters, etc.
  202. Section 202Power of inspection.
  203. Section 203Power to fix rates and charges.
  204. Section 204Government water-supply.
  205. Section 205Water supply for domestic consumption.
  206. Section 206Recovery of charges.
  207. Section 207Supply of water from Government water-supply to the Board.
  208. Section 208Functions of the Board in relation to distribution of bulk supply.
  209. Section 209Special provisions concerning drainage and sewage.
  210. Section 210Construction of and control of drains and sewage collection and disposal works.
  211. Section 211Certain matters not to be passed into cantonments drains.
  212. Section 212Application by owners and occupiers to drain into cantonment drains.
  213. Section 213Drainage of undrained premises.
  214. Section 214New premises not be erected without drains.
  215. Section 215Power to drain group or block of premises by combined operations.
  216. Section 216Power to close or limit the use of private drains in certain cases.
  217. Section 217Use of drain by a person other than the owner.
  218. Section 218Sewage and rain water drains to be distinct.
  219. Section 219Power to require owner to carry out certain works for satisfactory drainage.
  220. Section 220Appointment of places for the emptying of drains and collection of sewage.
  221. Section 221Connection with water works and drains not to be made without permission.
  222. Section 222Buildings, railways and private streets not to be erected or constructed over drains or water works without permission.
  223. Section 223Rights or user of property for aqueducts, lines, etc.
  224. Section 224Power of owner of premises to place pipes and drains through land belonging to other persons.
  225. Section 225Power to require railway level, etc., to be raised or lowered.
  226. Section 226Power to execute work after giving notice to the person liable.
  227. Section 227Power to affix shafts, etc., for ventilation of drain or cesspool.
  228. Section 228Power to examine and test drains, etc., believed to be defective.
  229. Section 229Bulk delivery of sewage by the Board.
  230. Section 230Employment of Government agencies for repair, etc.
  231. Section 231Works to be done by licensed plumber.
  232. Section 232Prohibition of certain acts.
  233. Section 233Preparation of land use plan.
  234. Section 234Sanction for building.
  235. Section 235Notice of new buildings.
  236. Section 236Conditions of valid notice.
  237. Section 237Powers of Board under certain sections exercisable by Chief Executive Officer.
  238. Section 238Power of Board to sanction or refuse.
  239. Section 239Order of stoppage of building or works in certain cases and disposal of things removed.
  240. Section 240Power to sanction general scheme for prevention of overcrowding, etc.
  241. Section 241Compensation.
  242. Section 242Completion notice.
  243. Section 243Lapse of sanction.
  244. Section 244Restrictions on use of buildings.
  245. Section 245Period for completion of building.
  246. Section 246Completion certificate.
  247. Section 247Illegal erection and re-erection.
  248. Section 248Power to stop erection or re-erection or to demolish.
  249. Section 249Power to seal unauthorised constructions.
  250. Section 250Courts not to entertain proceedings in certain cases.
  251. Section 251Power to make bye-laws.
  252. Section 252Prohibition of structures or fixtures which cause obstruction in streets.
  253. Section 253Unauthorised buildings over drains, etc.
  254. Section 254Drainage and sewer connections.
  255. Section 255Power to attach brackets for lamps and other accessories.
  256. Section 256Maintenance of Roads.
  257. Section 257Temporary occupation of street, land, etc.
  258. Section 258Closing and opening of streets.
  259. Section 259Names of streets and numbers of buildings.
  260. Section 260Group Housing Schemes.
  261. Section 261Boundary walls, hedges and fences.
  262. Section 262Felling, lopping and trimming or trees.
  263. Section 263Digging of public land.
  264. Section 264Improper use of land.
  265. Section 265Public markers and slaughter-houses.
  266. Section 266Use of public market.
  267. Section 267Power to transfer by public auction, etc.
  268. Section 268Stallages, rents, etc., to be published.
  269. Section 269Private markets and slaughter-houses.
  270. Section 270Conditions of grant of licence for private market or slaughter-house.
  271. Section 271Penalty for keeping market or slaughter-house open without licence, etc.
  272. Section 272Penalty for using unlicensed market or slaughter-house.
  273. Section 273Prohibition and restriction of use of slaughter-house.
  274. Section 274Power to inspect slaughter-houses.
  275. Section 275Power to regulate certain activities.
  276. Section 276Provision of washing places.
  277. Section 277Licences required for carrying on of certain occupations.
  278. Section 278Power to stop use of premises used in contravention of licences.
  279. Section 279Conditions which may be attached to licences.
  280. Section 280Power to vary licence.
  281. Section 281Carrying on trade, etc., without licence or in contravention of section 280.
  282. Section 282Feeding animals on dirt, etc.
  283. Section 283Powers of entry and seizure.
  284. Section 284Import of cattle and flesh.
  285. Section 285Unauthorised sale of spirituous liquor or intoxicating drug.
  286. Section 286Unauthorised possession of spirituous liquor.
  287. Section 287Arrest of persons and seizure and confiscation of things for offences against the two last foregoing sections.
  288. Section 288Saving of articles sold or supplied for medicinal purposes.
  289. Section 289Penalty for causing nuisances.
  290. Section 290Registration and control of dogs.
  291. Section 291Traffic rule of the road.
  292. Section 292Use of inflammable materials for buildings purposes.
  293. Section 293Stacking or collecting inflammable materials.
  294. Section 294Care of naked lights.
  295. Section 295Regulation of cinematographic and dramatic performances.
  296. Section 296Discharging fire-works, fire-arms, etc.
  297. Section 297Power to require buildings, wells, etc., to be rendered safe.
  298. Section 298Enclosure of wasteland used for improper purposes.
  299. Section 299Power to remove brothels and prostitutes.
  300. Section 300Penalty for loitering and importuning for purposes of prostitution.
  301. Section 301Removal of persons from cantonment.
  302. Section 302Removal and exclusion from cantonment of disorderly persons.
  303. Section 303Removal and exclusion from cantonment of seditious persons.
  304. Section 304Penalty.
  305. Section 305Powers of entry.
  306. Section 306Power of inspection by member of a Board.
  307. Section 307Power of inspection, etc.
  308. Section 308Power to enter land, adjoining land where work is in progress.
  309. Section 309Breaking into premises.
  310. Section 310Entry to be made in the day time.
  311. Section 311Owner‟s consent ordinarily to be obtained.
  312. Section 312Regard to be had to social and religious usages.
  313. Section 313Penalty for obstruction.
  314. Section 314Arrest without warrant.
  315. Section 315Duties of police officers.
  316. Section 316Notices to fix reasonable time.
  317. Section 317Authentication and validity of notices issued by Board.
  318. Section 318Service of notice, etc.
  319. Section 319Method of giving notice.
  320. Section 320Powers of Board in case of non-compliance with notice, etc.
  321. Section 321Occupier not to obstruct owner when complying with notice.
  322. Section 322Liability of occupier to play in default of owner.
  323. Section 323Relief to Agents and Trustees.
  324. Section 324Method of recovery.
  325. Section 325Application for a Committee of Arbitration.
  326. Section 326Procedure for convening Committee of Arbitration.
  327. Section 327Constitution of the Committee of Arbitration.
  328. Section 328No person to be nominated who has direct interest or whose services are not immediately available.
  329. Section 329Meetings and powers of Committee or Arbitration.
  330. Section 330Decisions of Committee of Arbitration.
  331. Section 331Prosecutions.
  332. Section 332Composition of offence.
  333. Section 333General penalty.
  334. Section 334Offences by companies.
  335. Section 335Cancellation or suspension of licences, etc.
  336. Section 336Recovery of amount payable in respect of damage to cantonment property.
  337. Section 337Limitation for prosecution.
  338. Section 338Protection of action of Board, etc.
  339. Section 339Notice to be given of suits.
  340. Section 340Appeals from executive orders.
  341. Section 341Petition of Appeal.
  342. Section 342Suspension of Action Pending Appeal.
  343. Section 343Revision.
  344. Section 344Finality of the Appellate Orders.
  345. Section 345Right of appellant to be heard.
  346. Section 346Power to make rules.
  347. Section 347Supplemental provisions respecting rules.
  348. Section 348Power to make bye-laws.
  349. Section 349Penalty for breach of bye-laws.
  350. Section 350Supplemental provisions regarding bye-laws and regulations.
  351. Section 351Rules and bye-laws to be available for inspection and purchase.
  352. Section 352Extension of certain provisions of the Act and rules to place beyond cantonments.
  353. Section 353Power to delegate functions to the President, etc.
  354. Section 354Registration.
  355. Section 355Validity of notices and other documents.
  356. Section 356Admissibility of document or entry as evidence.
  357. Section 357Evidence by officer or employee of the Board.
  358. Section 358Application of Act 4 of 1899.
  359. Section 359Power to remove difficulties.
  360. Section 360Repeals and savings.
  361. Section 333AAdjudication of penalties.