 bill no  of 1982 the cantonments (amendment) bill, 1982 a billjurthet to anhmd the cantonments act, 1924 bs it enacted by parliament in the thirty-third year of the repubuc of india as follows:- 1 (1) this act may be called the cantonments (amendment) act, short 1982 ut~ and commencement 5 (2) it shall come into force on such date as the central government may, by notification in the oftlcial gazette, appoint 20'11924 2 in section 2 of the cantonments act, 1924 (heremafter referred to as the principal act) ,-amendment ot section 2 (a) in clause (iia) , for the words "eight feet in height", the 10 words "two and a half metres in height" shall be substituted; (b) clause (iii) shall be omitted; (e) in clause (vii), after the word "board", the words ", and includes a vacancy in such o1!ice, arising under bub-sectiod (la) of section 17" shall be inserted; 15 (d) after clause (vii), the following clauses shall be inserted, namely:-' '('&1iia) "civil area" means an area declared to be a civil area by the central government under section 4sa; (viib) "civil area committee" means a conunittee appointed under section 43a;'; (e) clause (xia) shall be renumbered as clause (ric) and before cla'use (ric) as so renumbered, the following clauses shall be inserted, namely:-5 '(xia) "defence estates officer" means the officer appointed by the central government to perform the duties of the defence estates officer tor the purposes of this act and the rules made thereunder; (rib) "director" means the officer appointed by the central 10 government to perform the· duties of the director, defence lands and cantonments, the command,  for the purposes of this act and the rules made thereunder and includes the joint director;'; (f) in clause (xii), for the words "the public works officer of 15 that grade, or the officer 'of the military engineer services of the corresponding grade", the words "the officer of the military engineer services of that grade" shall be substituted; (g) after clause (xiii), the following clauses shall be inserted, namely:-20 '(xiiia) "factory" means a factory as defined in clause (m) of section 2 of the factories act, 1948; 63 of 1948 (xiiib) "forces" means the army, navy and air force or any part of anyone or more of them;'; (h) after clause (xiv), the following clause shall be inserted, namely:-25 '(xv) "hospital" includes family welfare centre, child welfare centre, maternity centre and health centre;'; (i) after clause (xix), the following clause shall be inserted, namely-go '(xixa) "lower grade employee" means daftry, peon, bhisti, mali, lamp-lighter, chowkidar, mazdoor or safaiwala or any other employee declared by the central government to be a lower grade emplcyee for the purposes of this act;'; (;) for clause (xx), the following clause shah be substituted, namely:-35 - (xx) "market" includes any place where persons assemble for the sale of, or for the purpose of exposing for sale, meat, fish, fruits, vegetables, animals intended for human food or any uther articles of human· food whatsoever, with or without the 40 the caf\ltvn'j:ent (/jme~fj'ient) bill, 1'j82 £)0 be/as int roducecljn luk_~ abh a 7 1 page 'j, line 41,-12£ "for the use" le~2 "or the use" 2 page 14, line 1,-i~ " for sub-sectiun" read "'fo r sub-sect ions" 3 page 1(,, line 11,-ie£ "princip al" rea£ lip r inc ip1 e" 4 page 2), line 10,-lli " se st ivn ll read "sect iull" 5 page 2) ,-for line 31, r~ad -!(pb) preparing and implementing town planning schemes;"' 6 page 21, line 14,-m "sch all e" £& ad "sch em es" 7 page 22, line 2,-" all" 11 sh all"  8 page 23, in the marginal heading tu section 1::lm-ill i "tubbish" re ~ --~ "rubbish" 9 page 28, in the margin,)l heading t'j clause 10",-for iiin sectiun" le_af "lnser':ion" 10 page 44, line 6,-i£i "0 f the" read "ariel the" 11 pclge 45, line 10,-for "provisoins" reac! "provisions" 12 page 47 j line 1,-~ iiwords" read "w~rds" 13 page 4'7 j line 3 from bottom,-~ftc:'r "~2'" insert "of"  i _"_' __ "_ 14 page' 50, line 4,-2!llli " the" 15 page 51, line 30,-i2i t\ re sf raint" £i! i2 "dist raint" 1(" page 51, line 2 from butt-om~-~ "oni y" rc ad nan y"  17 page 55, line 11 frum bottviti,-i2£ " 10 1 " of e ad " 1 'j 1 " 18 page 56, line 7,-l~ page 58, line 13 fr<xtl bottqn,-fux: "to" ~ "of" 2~ page 5'1, line 15 rrcmj bottom,-\ £0 r "recommend cition of t he centre" 21 p i:lge 69, in 1the ; arginal headin<o tv section 32,-i£r 'wi ember's" re ad ''i't1 ember" 22 page 70 j in the marginal heading tu section 44,-f52£ "puewer" ,read "power" 23 page 81, line 12 from bottom,-i££ "supressiljn" react "swpressiun" 24 p a':e 84, lile 13,-after ii rlfe rred" in sert "to" 2:) page '12, in tho r:, argine1 heading to section 210,-fur - certains" " certain" 20, page ';;'2, -against line 25, in the marginal citation,-eonsent of the owner of such place notwithstanding that there may be no common regulation for the concourse of buyers and sellers and whether or not any control is exercised over the business of, or the persons frequenting, the market by the owner 5 of the place or by any other person, but shall not include a single shop or group of shops not being more than six in number and shops within unit lines;'; (k) clause (xxa) shall be omitted; (l) for clauses (xxi) and (xxii), the following clauses shall be io mbstituted, namely:-'46 of 1950, 62 of 1957 45 of 1950 '(xxi) "military officer" means a person who, being an officer within the meaning of the army act, 1950, the navy act, 1957 or the air force act, 1950, is commissioned, gazetted or in pay as an officer doing army, naval or air force duty with the army, navy or air force, or is an officer doing such duty in any arm, branch or part of any of those forces; 20 (xxii) "nuisance" includes any act, omission, place, animal or thing which ca'uses or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell or hearing or disturbance to rest or sleep, or which is or may be dangerous to life or injurious to health or property;'; (m) for clause (xxiv), the following clause shall be substituted, n~ely:-25 '(xxiv) "officer commanding the area" means the oftlcer commanding anyone of the areas into which india is for military purposes for the time being divided, or any sub-arca which does not form part of any such area, or any a~e3 ·which the central government may, by notification in the official gazette, declare to be an area for all or any of ,the purposes of this act;'; (n) in clause (xxiva), for the word "district", in both the places where it occurs, the word "area" shall be substituted; (0) for clause (xxxv), the following clause shall be rubstituted, namely:-35 46 of 1950, 62 of 1957 45 of 1950 '(xxxv) "soldier" means any person who is a soldier or a sailor or an air man ':iubject to the army act, 1950, the navy act, 1957 or the air force act, 1950, as the case may be, and who is not a military officer;'; (p) after clause (xxxvii), the following clause shall be illjel"ted, namely:-40 5 '(xxxviia) "sub-area" means one of the sub-areas int which india is for military purposes fer the time being divided, and includes, for all or any of the purposes of this act, any territory which the central go  ernment may, by notificaboll fa the official gazette, declare to be a sub-area for such purposes;', amendmentof aection3 3, in lection 3 of the principal act, in aub-lection (j), for the words "the ifidian army or th4[! indian air force", the words "the forces" shall be subltltuted " in section 10 of the principal act, the words "and an executive officer" shall be omitted 5 amendmentof aectlon 10 s section 12 of the principal act shall be omitted omission  of section 12 amendmentof section 13 6 in section 13 of the prmcipal ~ct, in clause (6) of sub-section (3) and clause (b) of sub-section (4), for the words "a magistrate of the first class", the words "an executive magistrate" shall be substituted '1 in section 14 of the principal act, in sub-section (2), for clause 10 (c), the following clause shall be substituted, namely:-amendment of section 14 ii (c) one member, not being a person in the service of the government, nominated by the central government in consultation with the officer commanding-in-chief, the command" 8 in section 15 of the principal act,-amendmentof section 15 (4) in sub-section (1),-(i) for the words "three years", the words "five years" shall be substituted; (it) after the proviso, the following proviso shau be inserted, namely:-20 "provided further that a member whose term of office has been so extended, shall cease to hold office on the date of the notification of the election of his successor under subsection (7) of section 13"; (b) in sub-section (3), for the words "date of election", the 25 words "date of the notification of his election" shall be substituted amendment of section 16 9 in section 16 of the principal act, in sub-section (2), in the proviso, for the words "three months", the worcla "six months" shall be iubstituted 10 in section 17 of the principal act,-30 amendment of tection 17 (a) after sub-section (1), the following sub-section hall be inserted, namely:-"(la) if a person is elected to more than one seat in a board, then, unless he resigns all but one of the seats within fourteen days from the date on which he is declared eleeted, or 35 where the dates on which he is declared elected are different in respect of different seats, from the last of such dates, all the seats shall become vacant"; - (b) in 8ub-section (3), for the words "where there has been a division of the cantonment into wards or of the inhabitants thereof into classes, be deemed to have been elected by such ward or class as the case may be,", the words "where there has been a division of 5 the cantonment into wards, be deemed to have been elected by such ward" shall be substituted 11 for section 18 of the principal act, the following section shall be rubstituted, namely:-substitu_ tionof new secti<ln for section 18 oath or affirmation 10 '18 (1) every person who is by virtue of his office, or who is nominated or elected to be, a member of the board shall, before taking his seat, make and subscribe at a meeting of the board an oath or affinnation of his allegiance to the constitution of india in the 'following form, namely:-is become "i, ab, having been elected a member of this board; do been nominated swear ~ ~he name of ~~ that i will bear true faith and allegisolemnly affirm ance to the constitution of india as by law established and that i 20 will faithfully discharge the duty upon which i am about to enter"' (2) if any such person fails to make and subscribe the oath or affirmation at one of the first two meetings held after the date of commencement of his term of office, the central government shall 25 by notification in the official gazette, declare his seat to be vacant: provided that a meeting where the member is absent with the leave of the board shall not be taken into acco'wlt' 12 in section 19 of the principal act,- amendment of section 19 (a) for sub-section (1), the following sub-section shall be substituted, namely:-"(1) (a) any elected member of a board who wishes to resign his offiee may' give his resignation in writing to the president of the board who shall forward it for orders to the central government under intimation to the ojbcer commavding-in-chief, the command 35 (b) any nominated member of a board who wishes to resign his office may forward his resianation in writing through the president of the board to the officer commanding-in-chief, the command for qrders"; 4° (b) in sub-section (2), for the words "central government", the words "central government or the offtcer comtn8nding-in-chlef, the command, as the case may be," &hall be substituted; (c) after sub-section (2), the following sub-section shall be inserted, namely:-"(3) notwithstanding anything contained in sub-section (2), the resignation of any person ~lected to more than one seat in a board from all but one of the seats in pursuance of sub-section 5 (la) of section 17 shall take effect when such resignation is received by the president of the board" amendment of section 20 13 in st"ction 20 of the principal act, in sub-section (1), in the proviso, for the words "temporary absence from the station on duty or on station jeave, or during the transfer of his headquarters to a hill 10 station", the words "temporary absence from the station for a period not exceeding thirty consecutive days" shall be substituted 14 in section 21 of the principal act,-amendment of lection 21 (a) in sub-section (1), for the words "three years", the words "two years and six months" shall be substituted; 15 (b) after sub-section (2), the following sub-section shall be inserted, namely:-"(3) a vice-president may be removed from his office, at a special meeting convened for the purpose on a requisition for the same by not less than one-half of the elected members 20 of the board holding office, by a resolution passed by a majority of not less than two-thirds of the total number of elected members then holding office and attending and no member, other than an elected member, shall have the right to vote on the resolution" 25 amendment of section 22 15 in section 22 of the principal act, in sub-section (1), in clause (b), for the words "exercise supervision and ~ontrolover", the words "control, direct and supervise" shall be substituted 16 for section 24 of the principal act, the following sections shall be substituted, namely:-go substi~­tion ot qew sectiona for aection 24 appoint_ ment of executive officer '24 (1) for every cantonment there shall be an executive officer appointed by the central government or by such person as the central government may authorise in this behalf: provided that the board may empower any of its members or officers to exercise or perform in the absence of the executive 35 officer from the cantonment all or any of such powers or duties of an executive officer under this act as the central government may, by notification in the official gazette, specify in this behalf  expzanation-in thit; proviso, the word "officers" she,ll mean any of the sllpervisory staff of the board as may be specified by the board 40 (2) not less than on~half of the cost of the salary of the execu- tive oftker shall be paid by the central government and the balance from the cantonment fund (3) the executive officer shall be the secretary of the board ftnd of every committee of the board and may participate in every 45 meeting of the board and of every committee of the board, but, shall not be a member of the board or of any such committee 24a subject to the provisions of clause (b) and clause (d) of sub-section (1) of section 22, the executive officer shall-duties of executive officer (a) exercise all the powers and perform all the duties conferred or imposed upon him by or under this act or any other law for the time being in force; 5 (b) prescribe the duties of, and exercise supervision and control over the acts and proceedings of, officers and other employees of the board, other than medical officer in charge of the cantonment general hospital or dispensary; 10 (c) be responsible for the custody of all records at the board; (d) arrange for "the performance of such duties relative to the proceedings of the board or of any committee of the board or of any committee of arbitration constituted under this act, 15 8s those bodies may respect:vely impose on him; (e) comply with every requisition of the b('ard on any matter pertaining to the administration of the cantonment' amendmentof section 28 20 (a) in sub-section (1), for the words "in receipt of pay in the military or civil service of government", the words "holding any office of profit under the government" shall be substituted; (b) in sub-section (2) ,-(i) in the opening portion, for the words "election or nomination as", the words and brackets "being chosen (whether by election or nomination) as, and for being" shall be s'ubstituted;  25 (ii) clauses (dd), (ddd) and (e) shall be re-iettered as clauses (e), (f) and (i) respectively, and,-(a) in clause (e) as so re-iettered, after the word "board", the words "or of any other local authority" shall be inserted; (b) after clause (f) as so re-iettered, the following clauses shall be "inserted, namely:-35 "(g) haf:, by the authority referred to in clause (f) of section 31, been found to have been guilty of any of the corrupt practices specified in sub-section (2) of section 29 unless a period of five years has elapsed since the date of the finding or the disqualification has been removed either retrospectively or prospectively by an order of the central government; or (h) fails to pay any arrears of any kind due by him otherwise than as an agent, receiver, trustee or an executor, to the board within thirty days after the notice in this behalf has been served upon him; or"; (iii) in the proviso, in clause (ii), in sub-clause (d), for the fiyures "1,500", the figures "3,000" shall be substituted 18 for section 29 of the principal act, the following section shall be substituted, namely:-substitution of dew section 'tor section 29 interpretation '29 (1) for the purposes of sections 26, 27 and 28, uperson" means an individual human being (2) the following shall be deemed to be corrupt practices within 5 the meaning of clause (g) of sub-section (2) of section 28:-(1) "bribery", that is to 88y,-(a) any gift, ofter or promise by a candidate or his agent or by any other person with the consent of a candidate or his agent of any gratification, to any person whomsoever, 10 with the object, directly or indirectly of inducin~ (4) a person to stand or not to stand as, or to withdraw or not to withdraw from being, a candidate at an election, or (b) an electqr to vote or refrain from voting at an 15 election, or as a reward to-(i) a person 'for having so stood or not stood, or for having withdrawn or not having withdrawn his candidature; or (ii) an elector for having voted or refrained 20 from voting; (b) the recei}1t of, or agreement to receive, any grati~ fication, whether as a motive or a reward-(a) by a person for standing or not standing as, or for withdrawing or not withdrawing from being, a 25 candidate; or  (b) by any person whomsoever for himself or any other person for voting or refraining from voting, or inducing or attempting to indu<:e any elector to vote or r~~ain from voting, or any candidate to withdraw or not 30 to withdraw his candidature explanatio"l-for the purposes of this clause, the term "gratification" is not restricted to pecuniary gratifications or gratifications estimable in money and it includes all forms of entertainment and all forms of employment for reward 35 but it does not incl;ude the payment of any expenses bona fide incurred at, or for the purpose of any election (2) undue inftuence that is to say, any direct or indirect interference or attempt to interfere on the part of the candidate or his agent, or of any other person with the consent of the 40 candidate or his agent, with the free exercise of any electoral right: provided that-(a) without prejudice to the generality of the provisions of this clause any such person as is referred to therein who- 45 (i) threatens any candidate or any elector, or any person in whom a candidate or an elector is interested,· with injury of any kind including social ostracism and ex-communication or expulsion from any caste or community; or 5 (ii) induces or attempts to induce a candidate or an elector to believe that he, or any person in whom he is interested, will become or will be rendered an object of divine displeasure or spiritual censure, 10 shall be deemed to interfere with the free exercise of the electoral right of such candidate or elector within the meaning of this clause; (0) a declaration of public policy, or a promise of public action, or the mere exercise of a legal right without intent to interfere with an electoral right, shah not be deemed to interfere within the meaning of this clause 11 (3) the appeal by a candidate or his agent or by any other person with the consent of a candidate or his agent to vote or refrain from voting for any person on the ground of his religion, race, caste, communitv or language or the use of, ot appeal to religious symbols or the use of, or appeal to, national symbols, such 'as the national flag or the national emblem, for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate (4) the promotion of or attempt to promote, feelings of enmity or hatred between different classes of the citizens of india on grounds of religion, race, caste, community or language, by a candidate or his agent or any other person with the consent of a candidate or his agent for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate 35 (5) the publication by a candidate or his agent or by any other person with the consent of a candidate or h:s al{ent of any statement of fact which is false, and which he either believes to be false or does not believe to be true, in relation t'a the personal character or conduct of any candidate or in relation to the candidature, or withdrawal of anv candidate bein~ a stqtement reasonably calculated to prejudice the prospects of· that candidate's election (6) the hiring or procuring, whether on p'avment or otherwise of anv vehicle or vessel bv a canriid,te or h;s age"lt or by any other person with the consent of a randidate or his agent ~or the use of such vehicle or vessel for the free conveyance of any elector (other than the candidate himself, the members of his family or his agent) to or from any polling station or place fixed for the poll: 45 provided that the hiring of a vehicle or vessel by an elector or by several electors at their joint costs for the purpose of conveying him or them to and from any such polling station or place fixed for the poll shall not be deemed to be a corrupt practice under this clause if the vehicle or vessel so hired is a vehicle "i' vessel not propelled by mechanical power: provided further that the use of any public transport vehicle or vessel or any tramcar or railway carriage by any eleetor at his own cost for the purpose of going to or coming from any such polling station or place fixed for the poll shall not be deemed to be a corrupt practice under this clause 5 explanation-in this clause, the expression "vehicle" means any vehicle used or capable of being used for the purpose of road transport, whether propelled by mechanical power or otherwise and whether used for drawing other vehicles or otherwise (7) the obtaining or procuring or abetting or attempting to 10 obtain or procure by a candidate or his agent or, by any other person with the consent of a candidate or his agent,· any assistance (other than the giving of vote) for the furtherance of the prospects of that candidate's election, from any person in the service of the government or the board: 15 provided that where any person, in the service of the government or the hoard in the discharge or purported discharge of his official duty, makes any arrangements or provides any facilities or does any other act or thing, for, to, or, in relation to, any candidate or his agent or any other person acting with the con- 20 sent of the candidate or his agent (whether by reason of the oflice held by the candidate or for any other reason), such arrangements, facilities or act or thing shall not be deemed to be assistance for the furtherance of the prospects of that candidate's election 25 explanation-in this section, the expression "agent" includes any person who is held to hav~ acted as an agent in connection with the election with the consent of the candidate' 19 in section 31 of the principal act, after clause (f), the following clause shall be inserted, namely:-30 amendment of section 31 ii (ftl) the fee to be paid for admission and consideration of any application relating to election or election disputes;" 20 section· 32 of the principal act shall be renumbered as sub-section (1) thereof, and-amend ment of section 32 (a) in s'ub-section (1) as so renumbered, after the words "his 35 own conduct or", the words "vote or take part in any discussion" shall be inserted; (b) after sub-section (1) as so renumbered, the following subsection shall be inserted, namely:-"(2) where any member of the board present at the meeting 40 of the board or any committee of the board believes that the person presiding over such meeting has pecuniary or other interest in any matter under ~iscussion and moves a nlotion to that effect, the person so prt$iding-(a) shall not be entitled to vote on such motion, and 45 (b) shall, if such motion is carried, absent himself from the meeting during such discussion" amend-21 in section 33 of the principal act, for the words "belonging to the ment of board", the words "belonging to, vested in, or entrusted to the mana, section 33 ment of, the board" ~hall be substituted 12 in section 34 of the principal act, in sub-section (2a) ,-amendment of jection34 (a) for the words "central government", the words "officer commanding-in-chief, the command" shall be substituted; (b) the words "through the off'cer commanding-in-chief, the command," shall be omitted 5 %3 after section 35 of the principal act and before the heading "servants", the following section shall be inserted, namely:-m ot 1860 10 '35a every member of the board shall be deemed to be a public servant within the meaning of tpe indian penal code, and in the definition of "legal remuneration" in section 161 of that code, the word "government'· shall, for the purposes of this section, be deemed to include a board' 1'l1sertion of new section 35a member of the board to be deemed a public servant m in section 36 of the principal act, in sub-section (4), for the words ''menial servant", the words "lower grade employee" shall be subatituted amendment of section 36 15 25 in section 39 of the principal act, in sub-section (2), after the word amendmentot section 39 "president", the words ", or in the absence of the president, the vice-president, or in the absence of both the president and the vice-president, the secretary" shall be inserted 26 in section 41 of the principal act,-20 amendment of section 41 (a) in sub-section (1), for the words "the president", the words "the person presiding over the meeting" shall be substituted; ~5 (b) in sub-section (2), 'for the words "the officer commanding the district, the officer commanding the brigade area, the district magistrate and the military estates officer", the words "the officer commanding the area, the officer commanding the sub-area, the district magistrate and the defence estates officer and in cantonments where navy or air force stations are located, copies of the minutes shall be forwarded' for information to the command headquarters of the navy or as the case may be, the air force" shall be substituted' 27 in section 42 and in sub-section (2) of section 43, 'for the word "president", the words "person presiding over the meeting" shall be substituted amendmebt of sections 42 and 43 28 in section 43a of the principal act, after sub-section (2) , the 35 following sub-section shall be inserted, namely:-amendment of iection 43a "(3) the powers, duties and functions of the board under section 126,section 127, sub-section (1) of section 134, section 137, section 139, section 142, section 144, section 189 and section 195 shall be exercised or discharged in respect of a civil area by the civil area 40 committee: r-'" ,-;ded that if the health officer dissents from any decision arrived at by the committee under sub-section (1) of section 134, section 137, section 139, section 142, section 144: on health grounds, tile matter may be referred to the board by the president for 45 decision" 29 in section 44 of the principal act, after sub-section (3), the following sub-section shall be inserted, namely:-amend:" ment of section 44 , (4) every regulation made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be com-5 prised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessioris afoff-said both houses agree in making any modification in the regulation or both houses agree that the regula tion should not be made, the regulation shall thereafter have effect 10 only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation" 30 in section 45 of the principal act-  15 amendment of section 45 (a) ill sub-section (1), in clause (b), for the words "aggregate area co:nprlsing the areas subject to the control of the board and such othel local authority",: the words "area subject to the control of the board and such other local authority (hereafter in this section referred to as the aggregate area)" shall be substituted; 20 (b) in sub-section (3) ,-(i) for clauses (a) and (b), the following clause shall be substituted, namely:-"(a) where the agreement relates to octroi or terminal tax or toll, the party to the agreement (the board or as the 25 case may be such other local authority) which is specified in this behalf' in the agreement-(i) shall ha~e the same powers to establish octroi limits and octroi stations a~d places for the collection of octroi, terminal tax and toll within the aggregate 30 area as it has within the area ordinarily subject to its control; (ii) shall have the same powers of collecting such oc'eroi, tax or toll in the aggregate area and the provisions of any io!nactment in foree relating to the levy of such 35 octroi tax or toll by it shall apply in the same manner as if the aggregate area were comprised within the area ordinarily subject to its control;"; (ii) clause (c) !=lhall be re-iettered as clause (b) and for clause (b) as so re-iettered, the following clause shall be sub- 40 stituted, namely:-" (b) the total of the collection of such octroi, tax or toll made in the aggregate area and the costs thereby incurred shall be divided between the cantonment fund and the fund subject to the control of such other local authority, in such 45 proportion, as may have been determined by the agreement" 31 in section 46 of the principal act, after the words "central government" the words "or such officer or authority as may be autli0rised by the central government 1n this behalf" shall be inserted amendment of section 17 32 in section 47 of the principal act, after the words "central government or the officer commanding-in-chief, the command", the words "or the director or such other officer or authority as may be authorised by the central government in this behalf" shall be inserted 5 33 in section 48 of the principal ac( after the words "officer commanding-in-chief, the command", the words "or the director" shall be inserted  amendment of section 48 34 in section 51 of the principal act, in sub-section (1),-)0 amendment of section s1 (i) for the words "the health, welfare or discipline of the troops", the words "the health, welfare, discipline or seclk'ity of the forces" shall be substit1:lted; (ii) for the word "district", in both the places where it occurs, the word "area" shall be substituted 35 after section 51 of the principal act, the following section shall be 15 ilulerted, namely:-insertion of new sectio'il sia power of ·central government to review 20 "sia the central government may, at any time, review any deeision or order of the board or the officer commanding-in-chief, the command, and p3ss such orders thereon as it may deem fit: provided that where it is proposed to modify a decision or order of the board, reasonable opportunity shall be given to the board to show cause why the decision or order in question should not be modified" 36 in section 56 of the principal act,-amendment of sect: on 56 (a) for the words "military or air force law", in both the places where they occur, the words "army, navy or air force law" shall be substituted; (b) for the words "one hundred rupees", the words "five hundred rupees" shall be substituted 37 in section 57 of the principal act,-amendment of section 57 (a) in clause (a), for the words "military or ail' force law", the words "army, navy or air force law" shall be substituted; (b) for the words "fifty rupee>", the words "two hundred and fifty rupees" shall be substituted; (c) for the words "one hundred rupees", the words "five hundred rupees" shall be substituted 38 in section 58 of 1 he principal act,-amendment of section 58 (a) in sub-sections (1) and (2), for the word "magistrate", the words "judicial magistrate" shall be substituted; i of 1898 40 2 of ]974 (b) in sub-section (4), for the words and figures "chapter xliii of the code of cri:11inal procedure, 1898", the words and figures "chapter xxxiv of the code of criminal procedure, 1973" shall be substituted 39 in section 60 of the principal act, in sub-section (2), after the words "official gazette", the words "or where any later date is specified 45 in this behalf in the notification, from such later date" shall be inserted (·d in section 62 of the principal act,-amendment ot section 60 amendment of section 62 (a) in sub-section (1), for the words "any objection", the words "such objection" shall be substituted' , (b) ":01" sub-section (2) and (3), the following sub-section shall be substituted, namely:-10  (2) unless the board decides to abandon its proposals contained in the notioe published under section 61, it shall submit to the central gilvemment through th,e officer commanding-5 in-chief, the command, all such proposals along with the objections, if any, received i'n connection therewith together with its opinion thereon and any modifications proposed in accordance with such opinfon and the notice published under the said section" , 41 after section 63 of the principal act, the following section shall be inserted, namely:-insertion of new eection 63a "63a (1) where the central government is of opmlon that for securing adequate financial provision for the efficient discharge power of central government to issue directiona to the board of the duties and functions of a board it is necessary so to do, it may 15 issue directions to the board requiring it to impose within the cantonment area any tax specified in the direction which it is empowered under this act to impose and whicp is not already imposed within the said area or to enhance any existing tax in such manner or to such extent as the central government considers fit and the board 20 shall, in accordance with the direction, forthwith impose or enhance such tax in accordance with the provisions of this chapter: provided that-(a) no such directions shall be issued without giving the board and the inhabitants of the· cantonment area, an opportu- 25 nity of showing cause why such dire~tions should not be issued; (b) the· central gilvernment shall take into consideration any objection which the board or any inhabitant of the cantonme'llt area may make against the imposition or enhancement of such tax; 30 (c) it shall not be lawful for the board to modify or abolish such tax when imposed or enhanced without the sanction of the central government (2) the central gilvernment may, at any time, cancel or modify any direction issued by it under sub-section (1) with effect from 35 such date as may be specified in the direction and on and from the date so specified the imposition or enhancement of such tax, shall cease or be modified accordingly" 42 in section 65 of the principal act, after sub-section (2), the following sub-section sball be inserted, namely: -40 amendment of section 65 amendment of section 66 "(2a) the liability of the several owners of any building which is, or purports to be, severally owned in parts or flats or ro?ms or separate tenements for the payment of such tax or any instalme'llt thereof payable during t~ period of such ownership shall be joint and several" 45 a in section 66 of the principal act,-(a) for the word "board", the words "executive officer" shall be substituted; (b) for the words "in such form", the words "in such form and in such manner" shall be substituted 44 in section 67 of the principal act, for the word "board", the words "executive officer" shall be substituted amendment of section 67 45 in ·section 68 of the principal act,-5 (a) in sub-secti'on (1) ,-amendment of sectioa 68 (i) for the word "board", the words "executive officer" shall be substituted; (ii) for the words "when it will proceed", the words "when io the board will proceed" shall be s'ubstituted; (iii) for the words "it shall also give", the words "the exe-cutive officer shall also give" shall 'be substituted; (b) in sub-section (2), for the word "board", in both' the places where it occurs, the words "executive officer" shall be substitued 15 46 in section 72 of the principal act, for the word "board", the words "executive officer" shall be substituted amendment of section 72 ''7 in section 74 of the principal act in sub-section (2), for the words "fifty rupees", the words "two hundred and fifty rupees" shall be substituted ame'ndment of section 74 20 ft in section 75 of the principal act, after the words "as it thinks fit'" the follo,,:ing ~rds shall be inserted, namely:-amendment of eectian -75 "but no remission or refund shall take effect in respect of any period commencing more than two months before the delivery of such 'application"  25 49 in sections 76 and 77 of the principal act, for the words "such portion of any tax", wherever they occur, the words "one-half of suer portion of any tax" shall be substituted amendment of sections 76 and 77 50 in section 77a of the principal act, for the word "board", the words "executive officer" shall be substituted amendment of section 77a 30 51 in section 79 of the principal act, in sub-section (2) for the words "fifty rupees", the words "two hundred and fi'fty rupees" shall be substituted amendment of sectiod 79 52 in section 82 of the principal act,-(a) in sub-section (1), for the words "fifty rupees", the words "two hundred and fifty rupees" shall be substituted; amendment of section 82 35 (b) in sub-section (3), for the word ''board'', the words "executive officer" shall be substituted; (e) in sub-section (5), for the words ''to the board", the words "to the executive officer" shall be substituted 53 in section 83 of the principal act, in the proviso, for the word "board", the words "executive officer" shall be substituted amendment of section - 83 501 in section 84 of the principal act,-amendment of section 84 (a) for sub-sections (1) and (2), the following sub-sections shall be substituted, namely:-5 "(1) an appeal against the assessment or levy of, or against the refusal to refund, any tax under this act shall lie to the district court (2) if the district court, on the hearing of an appeal under this se::-tion, el)tertains reasonable doubt on any question as to 10 the liability to, or the,principal of assessment of, a tax, the court may, either on its own motion or on the application of the appellant, draw up a statement of the facts of the case and the point on which doubt is entertained, and refer the statement with its opinion on the point for the decision of the high court"; 15 (b) after sub-section (3), the fonowing explanation shall be inserted, namely:-'explanation-i"or the purposes of this section and <;ection 85, section 86, section 87, section 88 and section 92a, "district court", in relation to a cantonment, means the principal civil 20 court of original jurisdiction having jurisdiction over the area in which that cantonment is situated, and includes such other civil court having jurisdiction over that area, as the central government may, by notification in the ofbcial gazette, specify in this behalf, in consultation with the high court having juris- 25 diction over that area' 55 in section 85 of the principal act, for the words '''discretion of the c1fficer", the words "discretion of the district court" shall be substituted amendrnent of section 85 56 section 86 of the principal act shall be renumbered as sub-sf;'ction (1) thereof and-30 amendment of section 86 (i) in sub-se~tion (1) <:s so renumbered, for the words lithe officer", the words "the district court" shall be substituted: (ii) after sub-section (1) as so renumbered, the following subsection shall be inserted, namely:-"(2) where the appellant fails to pay, any costs awarded to 35 the board 'within ten days after the date of the order for payment thereof, the same shall be recoverable by the board in the same manner as moneys recoverable by the board under section 259" 51 in section 87 of the principal act, in the proviso to clause (a), for the word "court", the words "district court" shall be subetituted amend· ment of sectiotl 87 ,; ~8 in section 88 of the principal act, for the words "appellate authority", wherever they occur, the words "district court" shall be substituted  i amendmel1t 01 seetlon 88 59 in section 91 of the principal act, in sub-section (2), for the wnrds 5 "one rupee", the words "two l"upees" shall be substituted amendment of section 91  60 in section 92 of the principal act, in sub~ection (1) ,-amendment of section 92 (a) after the words "by distress and sale of the movable pro-,perly", th:e words co or attachment and sale of the immovable property" shall be inserted; 10 (b) after the proviso, the following proviso shall be inserted namely:-"provided further that the sale of any immovable property attached under this sub-section shall not be made, save under the orders of the board"   15 61 after section 92 of the principal act, the following section shall be  insertion tnserted, namely:-of new i section ina interest payable on taxes aue 20 "92a (1) if a person on whom a notice of demand has been served under section 91, does not, within thirty days from the service of such notice, pay the sum demanded in the notice, he shall be liable to pay by way of interest, in addition to the sum and other charges due,- (a) one-half per cent of the sum due for each complete month for tqc;! ,first six months, from the date of the expiry of the period ot thirty days aforesaid; and (b) one per cent of the sum due for each complete month thereafter, during the time he continues to make default in the payment of the sum due: (2) the amount of interest shall be recoverable in the same manner 8s moneys recoverable by the board under section 259: provided that-(a) where no appeal has been prefelted, the executive om· cer with the previous sanction of the board, and 35 (b) in any other case, the dfatrict court hearing the appeal under section 84,  may remit ,the whole or any part of the interest payable in respect of any period  [  ' j i ': fiz lp section 94 of the principal act,-(a) in sub-section (3) ,-amend· ment 01 section 94 (i) for the words "from whose possession the property was 40 taken", the words "whose property has been sold or his legal representative" shall be ,substituted; (ii) after the words "such person", the words "or representative" shall be inserted; (~) in sub-section (4), ,f9r the words "one  rupee", the words "two r,q,pees',' $hall be sljpstituted  45 b1 luter section 94 of the principal act, the following section shall be inserted, namely:-insertion dtnew section ma attachment and 88le of immovable ' propen, "94a (1) when a warrant is issued for the attachment and sal o'f immovable property, the attachment shall be made by an order prohibiting the defaulter from transferring or charging the property 5 in any way, and all persons from taking any benefit from such transfer or charge, and declaring that such property would be sold unless the amount of tax due with all costs of recovery is paid in the office of the board within fifteen days from the date of attachment (2) an order under s'ub-section (1) shall be proclaimed at some 10 place on or adjacent to such property by beat of drum or other customary mode and a copy of the order shall be fixed on a conspicuous part of the property and upon a conspicuous part of the office of the board and also, when the property is land paying revenue to the government, in the office of the collector  15 (3) any transfer of or charge on the property attached or any interest thereon made without the written permission of the executive officer shall be void as against all claims of the board enforceable under the attachment (4) where the sum due to the board together with the cost in- ro curred by the board in the sale of the property, and r sum equal to five per cent of the purchase money for payment to the purchaser is paid by the defaulter, before the confirmation of the sale under sub-section (5), the attachment, if any, of "the immovable property shall be deemed to have been removed r5 (5) after the sale of the property by auction as aforesaid, it shall be confirmed in writing by the executive officer who shall put the person declared to be the purchaser in possession of the same and shall grant him a certificate to the effect that he has purchased the property to which the certificate refers 30 (6) the central government may make rules for-(a) regulating the manner of execution of warrants for the attachment and sale of immovable property; (b) charging of fees for the attachment and sale of immovable property, to be included in the cost of recovery of the 35 tax due; i (c) summary determination of any claim made by any person other than the person liable 'for the payment of any tax, in respect of any property attached in execution of warrant under this section" ' 40 (a) in sub-section (1) ,-amendmentof eetion 95, (i) for the words "remove from the cantonment", the words "move from the cantonment" shall be substituted; (ii) for the words "a bi11~', the words "a notice of demand" hall be substituted; (b) for sub-section (2), tt- following sub-section shall be sl1b~­tituted, namely:-5 10 "(2) if, on the service of such notice, such person does not forthwith pay rle sum so due or about to be<:ome due, the amount shall bg leviable by distress and sale of movable property· or attachment and sale of immovable property in the manner hereinbefore provided in this chapter, and the warrant of such distress and sale or attachment and sale may be issued and executed without any delay" 85 in section ~6 of the i?rincipal act, for the words "distress and sale", the words "distress and sale of movable property or attachment and sale of immovable property" shall be s'ubstituted ' amend· ment of liection 96 15 86 in section 99 of the prin('ipal act, in sub-section (2), for cjause (i>, the following clause shall be substituted, namely:-amendment of lection 99 -n (f) any buildings or lards, or portion of such burdings or lands which are the property of the government" 67 in section 102 of the principal act, in the proviso, for the words ~o "fifty rupees", the words "two hundred and fifty rupees" shall be sul-stituted ~ amend- ment of section 102 68 in section 103 of the principal act,-amendment of section 1"03 (a) in sub-section (1), in clause (a), for the words "to pay any tax", the words "to pay, or has correctly r:>ain, any tax" shall be suhs-~~; , (b) in sub-section (2), for the words "one hundred rupees", the words "five hundred rupees" 'shall be substituted 69 in section 105 of the principal act,-(a) for the words "distress levied", the words "distress levied or attachment made" shall be substituted; amendment of section 105 go  (b) for the words "warrant of distress", the words "warrant of distress or attachment and sale" shall be substituted 70 in section 107 of the principal act,-(a) for sub-sections (1) and (2), the fol1owirg sub-section shall be mbstitll~ed, namely:-amendment of hctioa 10'1 -  35 •• fl  - (1) where !n or near a cantonment there is a government treasury or sub-treasury or a branch of the state' bank of india or a subsidiary bank or a nationalised bank, the cantonment fund shall de kept in such treasury, sub-treasury or bank as the board may deem fit explanation-in this section-, (i) "nationalised bank" means a corresponding new bank specified in the first schedule to the banking companies (acquisition and transfer of undertakings) act, 1970 or the  banking companies (acquisition and transfer of undertak· lngs) act, 1960; -(ii) 'state bank of india" me8ili the state bank of india constituted under the state bank of india act, 1955; 23 of 1155 (iii) "subsidiary bank" means a subsidiary bank as defined in the state bank of india (subsidiary banks) act, 1959'; 5 38 at 1959 (b) sub-sections (3) and (4) shall be renumbered respectively as sub-sections (2) and (3), and in sub-section (3) as so renumbered, for the word, brackets and figure "sub-section (3) it, the word, brackets and figure "sub-section (2) ii shall be substituted 71 in sestion 109 of the principal act, in the second proviso, clause 10 (d) shall be omitted amendment of section 109 72 in section 113 of the prindpal act, in sub-section (1), in clause (b), for the words "two hundred rupees", the words "one thousand rupees" shall be substituted amendment of section 113 73 in section 114 of the principal act, insub-section (1),-15 (a) for the words "one hundred i'\ipees", the words "five hundred'  rupees;' shall be substituted;· amendment of secticm 114 (b) in the proviso, for the words "five hundred rupees", the words "two thousand and five hundred rupees" shall besubtituted;· '74 in section 116 of the principal act,-amendment of section 116 (a) in clause (h), after the words "sewerage works", the worda "and regulating their use" shall be insetted'   ' (b) in clause (1), for the word "vaccination", the words "vaccination and inoculation" shall be substituted'  , (e) clauses (m) and (n) shall be omitted; 25   (d) in clause (p), the word "and" occurring at the end shall be omitted;  i (e) after clause (p), the following clauses shall be inserted, namely:-"(pa) establi~hing and maintaining civil defence services; "(pa) establishing and maintaining civil· defence 'services; 75 in section 117 of the principal act, in sub-section (1),-(a) !1r clause (d), the following clause shall be substituted, namely:-amendment 01 lection 117 , (d) furthering educational objects;"; 3s (b) in clause (g), for the words "local epidemics" the words "local epidemics, floods, famines or other natural calamities" shall be substituted; (c) in clause (j), the word "or" occul'l'il'lg· at the end:1hall be omitted;  l''>' -'  --__ • 40 (d) clause (k) shall be rclettereq as clause (t) and before clause (t) as so relettered the following clauses shall be inserted, namely:-"(k) establishing and maintaining cattle pojulds;  (l) arrangij)g lor civic recepti"n with ~rior approval of the 5 officer commanding-in-chief, the commadd; (m) providing housing accommodation for any class of inhabitants; (n) establishing and maintaining or supporting pl\blic hospitals and dispensaries, and providing public medieal relief; 10 (0) celebrationg independencepay~nd republic day and incurring expenditure thereon; (p) developing land resources under the ~~gement of the board; (q) preparing and implementing group housing $cheme; (r) establishing remunerative projects; (8) developing small-scale and cottage industries;" 76 [n section 118 of the principal act,-- (a) in sub-section (1) ,-amend ment of ~ 118 (i) in clause (a) ,-(a) in sub-clause (vui), for the word "cam", the word\ "vehicles" shall be substitllted; (b) insub-clause(xv) ,-(1) for the word "board", in both the places where it occurs, the words "executive officer" shall be substituted; (2) for the word "cart", in both the places where it occurs, the word "vehicle" shall be substituted; - (io in clauses (b) and (g), for the word "board", the wgdi ·executive officer" shlul be substituted; (iii) in clause (h), after the word "shouting", the words "or' 30 by using ~egaphone or loud-speaker" shad be inserted~ (iv) in clause (k), for the words "board and in such manner as it may authorise", the words "executive officer and in suck manner as he may authorise" shall be substituted; (v) in clause (l), the word "or" shall be inserted at the end; 35 (vi) after clause (l), the following clause shall be inserted namely:- (m) uses or permits to be used without previous pertnission of the executive oftlcer·any premises for any trade involving offensive smell or smoke·  · ,  40 (vii) for the words "fifty rupees" occurring at the end, the words "two· hundred and fifty rupees" shall· be  ~ubttitatad; (0) in s'ub-section (3), fot the words "twenty rupees", the words "one hundred r'lpees" la11 be substituted ·77 in section 119 of the principal act,-~enj­ment of action 119 (a) in sub-section (2), in clause (a), for the word "unit", at both the places where it occurs, the words "unit or establishment or 5 detarhment" shall be substituted;  (b) in sub-section (3) ,-(i) in the opening portion, for the words "a board", the words '''the executive officer" shall be substituted; (ii) in olause (a), for the word "it", 'the word "he" shall 10 be substituted 78 in section 121 of the principal act, in sub-section· (2), in the provfso, for the words "that authority"; the word "it" shall be substituted amendment til ~ 12l 79 in section 123 of the principal act, in the proviso, the words " subject to the permission in writing of the board," shall be omitted 15 amendment of section 123 - 80 in section 124 of the principal act,-(a) in sub-section (1),-2 of 1918 amendment of lection 124 (i) for the words and figures ", the cinematograp!1 act, j916", the words "any other law relating to sanctioning of cinematogr~ph films for exhibition" shall be substituted; 2() (ii) for the words "or pantomime,", the words", pantomime, circus, carnival, exhibition, dance or other '3imijal' show {or public recreation or amusement," shall be substituterl,' (b) in sub-section (2),-- (i) for the words "or pantomime,", the words ", pan to- 25 mime, circus, carnival, exhibition, dance or other similar show for public recreation or amut!lement," shall be substituted; (ii) for the words "two hundred rupees", the words "five hundred rupees" shall be substituted; (iii) for the words "fifty rupees", the words "two hundred 30 rupees" shall be substituted; (c) in sub-section (3), for the words "or pantomime", in both the places where they occur, tlie words ", pantomime, circus, carnival, exhibition, dance or other similar show for public recreation or amusement," shall be substituted, 35 81 in section 125 of the principal act,-amendment of section 125, (a) for the words "or engages in any game in such manner as to cause", the words "or detonates or engages in any game or carries on works such as quarries, blasts, timber eutting or duilding operation in such mann~r {ls ~o caus~" sllall ~ ~hbtttituted; 40 (b) for the words "fifty rupees", the nords "two hundred and fifty rupees" shall be substituted 8% in section 128 of the principal act, for clauses (a), (b) and (c), the following cla'uses shall be substituted, namely:-amendment of section 128 5 "(a) the officer commanding the army in the cantorunent-all buildings and lands which are occupied or used for army purposes; (b) the officer commanding the navy in the cantonment-all buildings and lands which are occupied or used for naval purposes; 10 (c) the officer commanding the air force in the cantonment-all buildings and lands which are occupied or used for air-force purposes; (d) the officer commanding the station in the command-all buildings and lands occupied or used for any defence purpose, other than those referred to in clauses (a), (b) and (c); (e) the head of any civil department or railway administration occupying as such any part of the cantonment-all buildings and lands in his charge as head of that department or adltllnistration" 83 after section 130 of the principal act, the following section shall be inserted, namely:- '130a (1) it shall be the duty of an occupier of a buildi,ng or land-i (a) to make adequate arrangements for the house scavenging of the building or land; insertion of new section 130a duty of occupier to colled and deposit tubbish, etc 25 (b) to provide receptacles df the type and in the manner preseribed by the executive officer for the collection therein of all filth, rubbish and other offensive matter from such building or land and to keep such receptacle in good conditio~ and repair; (c) to cause all filth, rubbish and other offensive matter collected in receptacles and to be removed and deposited in the public receptacles, depots or places provided or "appointed under sub-section (1) of section 132 (2) for the purposes of this section and section 131, "houie icavenging" means the removal of filth, rubbish or other offensive matter from a privy, latrine, urinal, drain, cesspool or other 35 common receptacle for such matter' 84 in section 131 of the principal act,-(a) in sub-section (1) ,-amendment of section 131 45 (i) for the words "the board", the words "the executive oftlcer" shall be substituted; (ii) for the words "a board", the words "the executive oftlcer" shall be substituted; (iii) for the words "for such period as it thinks fit on s'ileh terms as it may prescribe", the words "for such period as he thinks fit on such terms as "he may specify" shall be lubstituted; < '~ (b) in 8ubsectiolt (2) ,-(i) for the words "the board", :1he words "the executive officer" shall be substituted; (ii) for the words "that board", the words "the board" shall be substituted; 5 (c) sub-section: (3) shall be omitted 85 in section 132 of the i;lrincipal act, in sub-section (2), for the 'word "board", the words "executive oftlcer" shall be' substituted ameddment of aection 132  86 in section 133 of the principal act, in clause (4) i in suh-clause (iv) , the words "situate at not more than one hundred feet from the 10 'nearest boundary of the premises," shall be omitted amendment of aection 133 87 in section 134 of the principal act, in sub-section (2), after the wilrds "the command" i the words "or the dihctor''! shall be inserted amendment of section 134 88 in section 135 of the principal act,-amendment of section 135 (4) for the words "a board", the wards !1tm :ldaecytive 15 officer" shall be substituted; (b) for the worda '~in its opinion" i the words "in his opinion" shall be substituted 89 in section 136 of the principal act,-(4) for the word "board", -in both theplacelwhere it occurs, !20 the words "executive officel''' shan be ubstttvted; amendmerit of ~tion 111 (b) tn the proviso, for the words and figures "indian factories act, 1911'-, ,the' words and figures "factories act, l948" shall be 12 of 1911 substituted 8s of 1948 it in aection 139 of the principal aet, in sub-section (2) ,-!25 «(11) for the w9rds "fifty rupees", the words "two hundred and fifty rupees" shall be substituted; amendment of section 139 (b) for the words ·'five rupees", tbe·worwi "tw,ea~y-twe;:i'upees'" shall be substituted 91 for section 141 of the principal act, the following secticmshall ~,e 30 bubstituted, namely: -i substitution ot new section for section 141 "141 (1) if any building or· janci, whether tenantable or otherwise, is-i (i) in an insanitary, filthy or unwholesome""tafle; or (ii) il'l the gpinkm of the executiye oftlcer,' t nuisance jo 85 persons residing in the neighbourhood; or power to requite land or bu11didi te be clemlsed (iii) overgrown with prickly-pear or rank and noisome vegetation, the executive officer may, by notice in writing, require the owner, lessee or occupier of such building or land to clean, lime-wash 5 internally or externally, clear, or otherwise put such building or land in a proper state within such period as may be specified in the notice (2) any person who fails to comply with the notice issued under sub-section (1) shall be punishable with fine which may 10 extend to five hundred rupees, and, in the case of a continuing offence, with an additional fine which may extend to twenty-five rupees for each day after the first during which the offence continues" 9z in section 143 of the principal act,-15 (4) (or the words iia board", the words "the executive officer" shall b substituted; amendment ef section 143 (b) for the words "to it", the words "to him" shall be substituted 93 in section 145 of the principal act, for the words "a board", the 20 words "the ji:xecutive officer" shall be substituted m for section 150 of the principal act the following section ::;ha11 be substituted, namely:-amendment ot section 145 substitution of new section for section 1'50 obligation concerning infectious or contagious diseuel "150 (1) any pel'mn being in charge of, or in attendance, whether as a medical practitioner or otherwise, upon any person in a cantonment whom he knows or has reason to believe to be suffering from a contagious or in'fe':'tious disease, or being the owner, lessee or occupier of any building in a cantonment in which he knows that any person is so suffering, shall, forthwith give information to the board respecting the existence of such disease (2) no person shall-(a) knowing that he is suffering from a contagious or an infectious disease, expose other persons to the risk of infection by his presence or conduct in any public street or public place; 35 (b) having the care of a person whom he knows to be suffering from a contagious or an infectious disease cause or permit that person to expose other persons to the risk of infection by his presence or conduct in any such street or place as aforesaid;  , , (c) place or cause to be placed in a dustbin or other receptacle for the deposit ~f rubbish any matter which he knows or has reason to believe to have been exposed to infection from a contagious or an infectio'us disease and which has not been disinfected properly; (d) throw or cause to be thrown into any latrine or urinal any matter which he knows or has reason to believe to have been exposed to infection from a contagious or an infectious disease and which has not been disinfected properly (3) nothing cg::ltaincd in sub-section (1) or sub-section (2) shall 5 apply in the case of venereal disease where the person suffering therefrom is under specific and adequate medical treatment and is by reason of his habits and conditions of life and residence unlikely to spread the disease (4) whoever-io (a) fails to give information or gives false information to the board respecting the existence of such disease as is referred to in sub-section (1), or (b) contravenes the provisions of sub-section (2), shall be punishable with fine which may extend to five hundred 15 rupees: provided that no person shall be punishable for faihtre to give information if he had reasonable cause to believe that the information had aiready been duly given" 95 in section 159 of the principal act, for the words "one hundred,20 rupees", the words "five hundred rupees" shall be substituted amendment of section 159 96 in section 164 of the principal act, in sub-section (1) for the word "board", the words "executive officer" shall be substituted amendment of section 164 97 in section 167 of the principal act, for the words "one hundred rupees", the words "five hundred rupees" shall be substituted 25 98 in section 173 of the principal act, the proviso shall be omitted amendment of section 167 amendment 01 section 173 99 in section 178 of the principal act,-(a) in sub-section (1), for the word "sweeper", the word "safaiwala" shall be substituted; amendment of section 178 (b) in sub-section (3), for the words "'sweeper" includes any 30 menial servant', the words - "safaiwala" includes anylower grade employee' shall be substituted 100 for section 178a of, the principal act, the following section shall be substituted, namely:-"178a no person shall erect or re-erect a building on any land 35 in a cantonment-substitution of new section for section 178a sanction for building (a) in an area, other than th~ civil area, except with the previous sanction of the board; (b) in a civil area, except with the previous sanction of the exe<:utive officer, 5 nor otherwise than in accordance with the provisions of this chapter and of the rules and bye-laws made under this act relating to the ·erection andre-erection of buildings" 101 in section 179 of the principal act,-amendment 'of section 179 (a) 'for sub-section (1), the following sub-section shall be substituted, namely:-10 " (1) whoever intends to erect or re-ere<:t any building in a cantonment shall apply for sanction by giving notice in writing of his intention,-(a) where such erection or re-erection is in an area, other than the civil area, to the board; (b) where such erection or re-erection is in a civil area, to the executive officer"; 15 (b) in sub-section (2), after clause (e), the following clause shall be inserted, namely:-- "(ee) converts into a dispensary, stall, shop, warehouse, godown, factery or garage any building originally constructed 20 for human habitation, or"   1 oz in section 180 of the principal act, in sub-section (2), for the word '~board", the words "board or the executive officer, as the case may be," shall be substituted 103 after section 180 of the principal act, the following section 25 shall be inserted, namely:-"l80a the powers, duties and functions of the board under section 181, stib~ion (1) of section 182, section 183, section 183a and section 185 [excluding the provisos to sub-section (1) and the pro-viso to sub-section (2) of the said section 185] shall be ,-exercised or discharged in a civil area by the executive officer" amendment o'f section 180 inserti@ of new aectian 18m powers dfboard under certain sections ·exercisable by execu-  tive officer (a) for sub-section (2), the following sub-section shall be substituted, namely:-amendment 01 aection 181 "(2) the board may refuse to sanction the erection or 35 re-erection of any building on any grounds sufficient in the opinion of tbe board affecting the particular building: provided that the board shall refuse to accord sanction the erection or re-erection of any building if such erection or reerection is not in conformity with any general scheme sanction-40 ed under section 181a"; (b) in su&section (3), for the words "military estates officer", wherever they occur, the words "defence estates officer" shall be substituted; (c;) in ,sub-section (4), after clause (a), the folio-wing clause shall be inserted, namely:-"(aa) when the land on which it is proposed to erect or reerect the l1uilding is entrusted to the management of the board by the government if the erection or re-erectian constitutes a 5 breach of the terms of the entrustment of management or contravenes any of the instructions issued by the government regarding the management of the land by the board, or" les after section ]81 of the principal act, the following section shall be inserted, namely: -10 insertion otnew section 181a power to sanction genera} scheme for prevention of o\"er_ crowdini, etc: "18la the officer commanding-in-chief, the command may sanction a general scheme of erection or re-,erection of buildings witliin such limits as may be specified in the sanction for the prevention of ov,er-crowding or for purpose of sanitation, or in the interest of persons residing within those limits or for any other 15 purpose, and may, in pursuance of such scheme, impose restrictions on the erection or reo erection of buildings within those limits: provided that no such scheme shall be sanctioned by the officer commanding-in-chief, the command, unless an opportunity' has been given by a public notice to be published locally by the executive 20 officer requiring persons affected or likely to be affected by the proposed scheme, to file their objections or suggestions in the manner specified in the notice, within a period of fifteen days of the publication of such notice, and after considering such obj,ections and suggestions, if any, received by the executive officer within the said 25 period" 106 after section h:~a of the principal act, the following section shall be inserted, namely:-in section of new section l83d comp1e tlonnotice "l83b every person to whom sanction for the erection or reerection of any building in any area in a cantonment has been given 30 or deemed to have been given under section 181 by the board or the executive officer, as the case may be, shall, within thirty days after completion of the erection or re-erection of the building give a notice of completion in writing to the board or the executive oftleer, as the ca- -sy be, and the board or the executive officer shall on 35 recei~ of such notice cause the building to be inspected in order to ensure that the building has been completed in accordanc,e with the sanction given by the board or the executive officer, as the case may ~" 107 in section 184 of the principal act, for the words "five hundred 40 rupees", the words "five thousand rupees" shall be substituted amendment ot ilection 184 108 in section 186 of the principal act,-amendmental lection 186 (a) in clause (a), for the word "board", the words "board  the executive officer, as the case may be," shall be substituted; (b) after clause (a) as so amended, the 'following clause shad be inserted, namely:-· 5 "(aa) the manner in which and the form in whtch a notice of completion of erection or re~rection of any building in the cantonment shall be given to the board or the executive officer, as the case may be, and the information and plans to be furnished with the notice;"; (c) in clause (1),-(i) in sub-clause (iv), for the word "fire-places", the words "stair-cases, fire-places" shall be substituted; io (ii) in sub-clause (vi), for the words "and the stability of the structure", the words ", the stability of the structure and the protection of l1uilding from dampness arising from sub-soil" shall be substituted; 15 (iii) in sub-clause (x), for the words "fifty maunds", the words "eighteen quintals" shall be substituted 109 in section 190 of the principal act, for the words "a board", the words "the executive officer" shall be substituted 110 section 191 of the principal act, shall be renumbered as sub-20 section (1) thereof, and-(a) in sub-section (1), as so renumbered,-amendment 0'1 section 190 amendment 0'1 section 191 (i) for the words "a board", the words "the executive officer" shall be substituted; (ii) for the words "as it may prescribe", the words "as the board may prescribe" shall be substituted; !z5 35 (b) a'fter sub-section (1), as so renumbered, the following sub-section shall be inserted, namely:-"(2) where any article or thing is placed on any street or land under the management of the board or the defence estates officer so as to form an obstruction thereto or any encroachment thereon, the executive officer or, as the case may be, the defence estates officer, may cause such article or thing to be removed and recover from the person who placed such article or thing the expenses incurred in that behalf in the same manner as moneys recoverable by the board under se~tion 259 and may also, if such person fails to offer satisfactory explanation, order the confiscation of such article or thing" 111 in section 192 of the principal act,-(a) in sub-sectiol1 (1), after the words "officer commanding-in-chief, the command", the words "or the director" shall be inserted; amendment 0'1 section 192 (0) in s'llb-section (2), for the words "a board", the words "the executive officer" shall be substituted 112 in section 193 of the principal act,-(a) for sub-section (1), the following sub-section shall be substituted, namely:-amend, ment di section 193  45"(1) a board may determine the name or number by which any area, street or public place in the cantonment ahall be known, may cause such name or number to be affixed on any building in the cantonment in such place as it thinks fit and may also cause a number to be ·affixed to any such building"; ,(b) in sub-section (2), for the words "twenty rupees", the words "one hundred rupees" shall be substituted; 5 (c) in sub-section (3) ,-(i) for the word "number" at both the places where it occurs, the ,words "name or number"shall be substituted; (ii) for the word "board", the words "executive officer" 6h~1l be substituted 10  w in 'section 194 of the principaj act,-aaendment of section 1m (a) in sub-section (1), for the word "board", the words "~ecu tive ·oliicet" shall -be substituted; (b) in sub-section (2) ,-(i) in the opening portion, for the words cia board", the 15 words "the executive officer" shall be substit'llted; (ii) in the proviso, for the words "orders of the board", the words "orders of the executive officer" shall be substituted; (c) in sub-eection (3), for the word '~e1cecuijve officer" shall be substituted "board", the words 20 11'- ,in section 196 of the principal act,-amendment of aection 196 (a) for the words "twenty rupees",the words "two hundred and ·fifty rupees" shall be substituted; (b) for the words "five 1'1lpees", the words "flftyrupees" shall _ substhuted  lb in 'section 200 of the principal act,-amendment of aection 200 \(a) ill the proviso, after the words "general oflicercommandiug-ohief of the ·command", ·the words "or the director" shall be imerwd; 30 (b,) after the proviso, as so amended, the provisobhall be inserted, namely:-following further "provided further ,that the ·enjoyment of any ,such afore- no 1'ight ,}at 'any person for -any length of time shall never be deemed ,to cn8te or-confer any tenancy right in such stall, shop, standing, shed, pan, public market or public slaughter-house" 35  116 in section 202 of tht' principal act,-'(u) in s\lb-saetion (~), ·in clause (b), the 'words ", 'when such animals are slaughtered for consumption by :the otroopb 'or ifor the purpose of thesale of the 1iesh thereof to the troops" shall be ~mibid;  ___ _ (b) insub·section (3) ,-(i) for the words "fifty rupeesll, the words "two hundred and fifty rupees" shall be substituted; , (ii) , foi' the words "ten rupees", the words "fifty rupees" shall be- substituted 5 117 in section ::!04 of the principal act, in sub·section (1),-(a) for the words "fifty rupees", the words "two hundred and fifty, rupees" shall be substituted; amendment of" section 204 (b) for the words "five rupees", the words "twenty-ft\le rupees" 10  shall, be substituted 118 in section 205 (if the principal act,-amendmmtot section 205 (a) for the words "fifty rupees", the words "two' jnibdred and fifty rupees" shall be substituted; (b) for the words "five rupees", the woriis "twenty-five rupees" ishall be substituted 119 in section 207 of the principal act, in sub-section (1), for the' amendwords "the president of the board", the words "the president of the ment ot board or the exec'utive officer" shall be substituted section, 207 128 in section, 208 of the principal act,-20 amendment ot section 208 (a) in clause (f), the word "and" occurring at the end, shall be omitted; (b) after clause (g), the fonowing clause shall be inserted, namely:-"(h) any other matter with respect to the regulation of such markets and slaughter-houses" 121; in section 209 'of the principal act, in sub-section (3) for the words "twenty rupees", the wo;ds "one hundred rupees" shall be, substituted ame~, ment of· section 209 122 in section 210 of thepdncipal act,-(a) in sub-section (1) ,-30 amendp ment of section 210 (i) after clause (i), the following clause shall be ill1lel'ted, namely:- (ia) vendors of spirituous liquor;"; (ii) in, clause (q), the word "and" occurring at the end shall be omitted; 35  (iii) after clause (r), the following clause shall be- inserted, ilaidely:-"(8) any other persons carrying on, such other tj:ade, calling or occupation as the central government may, by notification in the official gazette, specify in this behalf;"; (b) in sub-section (2), for the words "are 'ililsuitable", the words "are unfit or unsuitable" shall be substituted; (c) in sub-section (3), in clam~e (b), for the words and figures "indian petroleum act, 1899", the words and figures "petroleum 8 of 1899 act, 1934" shall be substituted; 30 of 1934 (d) in sub-section (4), for the words "such fees not exceeding the cost of granting the licem:eo", the words "such reasonable fees" 5 shall be substituted 123 in section 213 of the principal act,-a1ileatment f'f s@ctioft 213 (a) for the words "two hundred rupees", the words "five hundred rupees" shall be substituted; lb) for the words "forty r\\pees", the words "fifty rupees" shall 10 be substituted 1m in section 214 of the principal act, for the words "fifty rupees", the words "two hundred rupees" shall be substituted amend ment of aection 214 125 in section 215 of the principal act, in sub-section (4), for the words "one hundred rupees", the words "five hundred rupees" shall be 15 substituted i amend ment of section 215 126 in section 216 of the principaj act,-(a) in sub-section (1),-amendment of aectioa 216 (i) for the words "of the board", the words "of the executive officer" shall be substituted; 20 (ii) the following proviso shall be added, namely:-"provided that the executive officer shall not grant such permission unless recommended by the health officer";  (b) in sub-section (3), for the words "fifty rupees", the words "two hundred and fifty rupees" shall be substituted 25 in in section 219 of the principal act for the word "board", wherever it occurs, other than in the proviso, the words "executive officer" shall be substituted amendment of secmon ' 219 128 in section 221 (if the principal act, for the word "board", in both the places where it occurs, the words "executive officer" shall be 30 substituted amendment of sect\o'1 221 129 in section :~24 of the principaj act,-amendment of iii!ction 224 (a) in clause (a), 'for the words "as the board may appoint", the words "as the executive officer may appoint" shan be substituted; 35 (b) in clause (b), for the words "authorised by it", the words "authorised by him" shall be substituted; (c) in clause (c),-(i) for the word "board", at the first place where it occul'l the words "executive officer" shall he substituted: 40 (ii) in sub-clause (v), for the words "by the executive officer", the words "by any other oftlcer or servant of the board authorised by the executive officer in writing in this behalf" shall be substituted 5 130 in section 226 of the principal act, for the ·words "fifty rupees", the words "two hundred and fifty l'\ipees" shall be substituted 131 in section 230 of the principal act,-(a) for the words "a board", the words "the executive officer" shall be substituted; amend ment ot section 228 amend ment of section 230 10 (6) for the words "testing the quantity of any water, or the qtrantity or quality of any gas", the words "measuring the quantity of any water or gas or testing the quality thereof" shall be suhttitu~d 132 in section 231 of the principal act, for the words "to the satts· j 5 faction of the board", the words "to the satisfaction of the executive ofticer" shall be substituted amend ment of section 231 133 in section 232 of the principal act, for thl;! words "for testing the quantity or quality' thereof'~, the words "for measuring the quantity, or teating the quality thereof" shall be substituted amend ment of section 232 20 134 in sedion 236 of the principal act,-(4)' in sub-section (1), for the words "two hundred rupees", the words "five hundred rupees" shall be substituted; amendment of section 236 (b) in sub-section (2), before the words "or air force", the word ", naval" shall be inserted  135 in section 238 of the principal act,-(a) in sub-section (1) ,-amend ment of section 238 (i) in the opening portion, for the words "magistrate of the first class", the words "judicial magistrate of the ftrs1 class" shall be substituted; (ii) clause (0) shall be omitted; ~o (iii) in dause (d), for the words and figures "code ot criminal procedure, 1898", the words and figures "code of criminal procedure, 1973" shall be substituted; lot 1898 2 ot 1974 (b) in sub-section (3), for the words "so directs", the words 35 "so agrees" shall be substituted 136 in section 239 of the principal act, in sub-section (1), for the amendwcrds "armed forces of the union", the word "forces" shall be' ment of subrtituted rection 137 in section 240 of the principal act,-(a) for the words "two hundred rupees", the words "five hundred rupees" shall be substituted; 239 amendment ot section 240 (b) for th~ words "twenty rupees", the shall be substituted· words "flfty rupees" 'i 138 in section 241 of the principal act,' for the words "authorised by 45 the health ofticer", the words "authorised by the e~ecqtiv~ qtfi~r or the health offlcer" sqall be su~stituted amend ment of sectt"n "1 '139 in section 243 of the principal act in sub-sections (1) lind (2), after the word "board", the words "or the executive officer" shall be inserted ameadment of section 243 141 in section 247 of the principal act, for the proviso, the follgwing proviso shall be substituted,namely:- 5 amendment of section 247 "provided that no such notice shall be" necessary if the place to be inspected is a factory or workshop or trade premises or a place used for carrying on any trade, calling or occupation specified in section 210 or a stable for horses or a shed for cattle or a latrine, privy or urinal or a work under construction, or for the purpose of 10 'bseertaining whether any animal intended for human food is slaughtered i1'l that place in contravention of this act or any byelaw made thereunder", 1-61, in section 249 of the principal act,-amenl~ ment af section 249 (a) for the words "employed by a board", the words "acting on j 5 behalf of the board" shall be substituted; (b) for the words "one hundred rupees", the words "flve hundred rupees" shall be substituted 142 in section 250 of the principal act, in the proviso, in clause (b), in sub-elause (ii), before the words "or air force", the word ", n'bval" 20 shall be inserted amend'; ment of section 250 143 in section 251 of the principal act, for the words "commission of any offence", the words "commission of, or attempt to commit, any offence" shall be substituted amendment ot section 251 amendment of sectlon 144 section 253 of the principal act shall be renumbered as sub- 25 section (1) thereof and after sub-section (1) as so renumbered, the following sub-sections shall be inserted, namely:-~3 "(2) whenever under this act or any rule or bye-law made thereunder the doing of\, or the omission to do, anything or the validity of anything depends upon the approval, sanction, consent, 30 concurrence, declaration, opinion or satisfaction of the board, a written document signed by any officer or m~mber specified in sub-section (1) purporting to convey or set forth such approval, sanction, consent, concurrence, declaration, opinion 9r satisfaction; shall be suffic;ent evidence thereof 35 (3) every licence, written permission, notice, bill, summons or other document which is required by this act or any rule c1t byelaw made thereunder to bear the signature of the president, vice-president or executive officer, or of any such member of 'any committf!e a~ has been specially authorised by the board in this behalf 40 ~hal1 he deemed to be properly signed if it bears facsimile of the signature of any such officer or member, as the case may be, stamped thereon" (a) after the words "lawful for the board", the worda "or the civil area committee or the executive oftlcer at whose instance the notice, order or requisition has been issued" shall be inserted· , 5 (b) for the words "recoverable by the board", the following shall be substituted, namely:-·'recoverable by the executive ouicer on demand, and if not paid within ten days after such demand, shall be recoverable in the same manner as moneys recoverable by the board under section 2'59: 10 provided that where the action or step relates to the demolition of any erection or re-erection under section 185 or the removal of any projection or encroachment under section 187, the board or the civil area committee or the executive officer may request any police officer to render such assistance as considered necessary for the lawful exercise of any power in this regard and it shall be the duty of l:!uch police ofjicer to render forthwith such assistance on such requisition" 146 after section 256 of the principal act and before the heading insertion 20 "recovery of money", the following section shall be inserted, namely:-of new section 256a occupier not to obstruct owner when cqitlply· ing with notice "256a if the owner of any property in respect of which a  notice as is refl!rred to in section 256 has been given is prevented by the occupier from complying with such notice, the board or the civil area committee or the executive officer at whose'instance such notice hag been given, may, by order, require the said occupier to permit the owner within eight days from the date of service of such notice to take all such action as may be necessary to comply with tlut said notice and such owner shall, for the period during which he is prevented as aforesaid, be exempt from any fine or penalty to which he might otherwise have become liable by reason of noncompuance with such notice" (: 16'1 in section 257 of the principal act, in sub-section (1),-amend-jneiit of sect1cia 25y (4) after the words "the board", the words "or the civu area committee or the executive officer at whose instance such notice has been issued" shall be inserted; 35 (b) for the words "pay to it", the words "pay to it or him" shall be substituted; (c) for the proviso, the following proviso shall be substituted, namely;-"provided that, if the occupier, on application made to him 40 by the board or the civil area committee or the executive qfficer at whose instance such notice has been issued, 1'eruses truly to disdo')p the amount of his rent 01' the name or address of the person to whom it is payable, the' executive officer may recover from the occupier thp whole amount recoverable under 45 section 256 in the same manner as moneys rccovcrnbl(' b~' the board under section 259·· (4) in sub-section (1) ,-amendment 01 aection 259 (i) for the words "rent on land and buildings and any other money recoverable by a board or a military estates officer", the words "and any other money recoverable, including rent ons land and buildings due under leases or licences ,executed by or in favour of a board or the defence estates officer," shall be substituted; (ii) for the word "magistrate", the words "judicial magistrate" shall be substituted; ro (iii) for the words "by the distress and sale of any movable property of, or standing timber, or growing crops ,belonging to, such person which is within the limits of such magistrate's jurisdiction", '~e words "either by the distre9s and sale ~f movable property of such person, or by the attachment and sale 15 of immovable property of that person, which is within the limits of the jurisdictien of 'such judicial magistrate, or by both these methods" shall be substituted; (b) in sub-section (2) ,-(i) for the word "magistrate", the words "judicial magis- ao trate" shall be substituted; (ii) for the words "military esta1jes officer", the words "defence estates officer" shall be substituted; (c) after sub-section (2), the following sub-section shall be inserted, namely: -:l5 i, (3) upon receiving the applicati'on, the judicial magia- trate referred to in sub-section (1) may take action for the recovery of the amount of tax, rent or money from the person specifted in the application as if such amount were a fine recoverable under a sentence passed by him i and the provisions of 30 sections 421 and 422 of the code of criminal procedure, 1973, shall so far as may be, apply to the recovery of such amount: prcvided that the recovery of no such amount shall be made by the arrest or detention in prison of the said person" i" in section 266 of the principal act, sub-section (2) shall be 35 omitted ~ amendment of aec:t1ort 266 150 in section 268 of the principal act,-(a) for the words "two hundred rupees", the words clfive hundred rupees" shau be substituted; amen!-meat of section 288 (b) for the words "twenty rupees", the words "fifty rupees" 40 shall be substituted 151 after section 268 of the principal act, the following section shad be inserted, namely:-insertion of ne" section 26m '268a (1) where an offence under this act has been committed by a company, every person who, at the time the offence wu 45 ieomnrltted, was 'in charge of, and was responsible to the company for the conduct of the business of the company, as wen as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: 5 10 15 provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves th&t the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence (a) notwithstanding anything contained in sub-section (1), where an offence under this act has been committed by a company and it is proved that the offence has been committed with the cod-sent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly explanation-for the purposes of this section,-(a) "company" means any body corporate anj incllides a firm or other association of individuals; and 20 (b) "director", in relation to a firm, meaili a partner in the firm' 152 for section 269 of the principal act, the following section shall substitwbe substituted, namely: - tion of new section tor liection 289 canceuation or 8uspen-  sion of licences, etc 85 "269 where any person to whom a licence or written permission has been granted under this act or any agent or servant of such person commits a breach of any of the conditions thereof, or of any bye-law made under this act for the purpose of regulating the manner or circumstances in, or the conditions subject to, which anything permitted by such licence or written permisaion is to be or may be done, or where the board or the civil area committee, as the case may be, is satisfied that such licence or' written permission hu been secured by the holder through misrepresentation or fraud, the board or the civil area committee, as the cue may be, may, without prejudice to any other penalty which may have been incurred under this act, by order in writing, cancel the licence er written permission or suspend it for such period as it thinks fit: provided that no such order shall be made unlesl an opportunity has been given to the holder of the licence or written permis~ sion to show cause why it should not be made" 153 in section 270 of the principal act,-amend-(a) for the words "by the magistrate", the words "by the judi~ ment 01 cial magistrate" shall be substituted; section 270 (b) for the words "by distress and sale of the movable property of such person, and the magistrate shall issue a warrant for its recovery accordingly", the words "either by the distress and sale of the movable property of such person, or by the attachment and sale of the immovable property of that person,  or by' both these methodti and the judi<:ial magistrate shall rec()ver the amolid,t in a~cqrdance with the provisioll;s of sections 421 and 422 of the ~de of criminal procedure, 1973, as if it were a fine recoverable under a 201191'-sentence w!l~d by'him" shall be substituted 154 in section 271 of the principal act, for the word "magistrate", 5 the words "judicial magistrate" shall be substituted " ~ in section 274 of the principal act,-· amendment of section 271 amendmentof section , 274 10 (a) in sub-section (1), for the words "second column" and "third column", the words "third column" and "fourth column" shall respectively be substituted; (b) in sub-section (2), for the words "fourth column", the words "fifth column·' shall be substituted; 9 of 1908-15 36 ot1863 (c) in s\lb-section (3) for the words and figures "indian limitation act, 1908", the words and figures "limit~tion act, 1q6a" shall be substituted 156 for section 276 of the principal act, the following section shall be substituted, namely:-substitution o't new sco:tion for section 278 ~~sion of actiqll penclbla appeal "276 on the admission of an appeal from an order, other than an order contained in a notic~ issued under section 140, section 176, section 181, section 206 or section 238, where the appellate authority 20 so directs, all proceedings to enforce the order and all prosecutions for any contravention thereof shall be held in abeyance pending the  decision of the appeal, and, if the order is set aside on appeal, disobedienc~ thereto shall not be deemed to be an offence", 157 in section 280 of the principal act, in sub-section (2),-25 (i) for clause (c), the following clause shall be substituted, namely:-amendmentof section 280 " (c) the tenure of offi<:e, salariell and allowances, provident funds, pensions, gratuities, leave of abs~nce and ot~r conditions of service of servants of boards;";· 30 (i!,) clauses (cc) , (e) and (f) shall be olllitted 158 in section 281 of the principal act,-(~) after sub-section (1), the following sub-section s~ll be inserted, namely:-amendment of action 281  (la) the power to make rules under clause (c') of sub- 35 section (2) of section 280 shall include the power to give retrospective effect from a date not earlier than the date of commencement of the cantonments (amendment) act, 1982, to the rules  or any of them but no retrospective effect shall be given to any rule so as to prejudicially affect the interests of any persoll to 40 whom such rule may be applicable: provided that where any rule has to be given retrospective operation, the reasons therefor and the effect of giving such retrn;pectiv(' operation shall be published along with the draft of the rules when such draft is published for elicitinj public 45 opinion under sub-section (1) of section 280"; i" (b) in sub-section (2), for the words "rules so made", the words ""rules made under this act" shall be substituted and after subsection (2) <is 50 amended, the following sub-section shall be inserted, namely:-< '\ "(3) evc"ry rule mude by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or 10  , i :" mote successive sessions, and if, before the expiry of the session immediately following the session or the successive sessiolls' aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereaftcr have effect only in such modified form 01' be of no effect, as the case may be; so, however, that any such modification , or annulment shall be without prejudice to the validity of anytni1lg previously done under that rule" ' ! 159 in section 282 of the principal act,-(a) for clause (2), the following clause shall pamely:-be 1ubstituted, amendment ot action 282 20 "(2)· the' enforcement of compulsory vaccination and inoculation and levy of fees where such vaccination or inoculation 1s ~_':  ~arriedout at the houses ot residents;"; 25  "  (b) ··for clause (4), the following clause shall be substituted, namely:-"(4) the regulation of any description o~ tramc in the street and the enforcement of measures for the reduction of noise caueed thereby or the prohibition o'f any description of buch traffic·"· - , , (c) in clause (6), after the words "the cantonment", the words "and regulation and ,control of cattle pounds" shall be inserted; (d) in clause (14), the words "pounds, washing-places,'· shall be omitted; "  (e) in clause (16), for the words and figures "under section 210", the words and figures "under section 124 or section 210" shall be substituted; 35 -'(1) in clause (18), after the words "the cantonment", the words "and the fees chargeable in respect thereor' shan be inserted; (g) after clause (19), the following clause shall be inserted, namely:-40 , "(19a) the form of and the particulars which shall be contained in a development scheme or an improvement scheme and the manner in which such scheme shall be framed or altered;"; (h) in clause (21), after the word "animals", the words "and the fees chargeable in respect thereof" shall be inserted; (i) in clause (25) ,-4,5 (a) in sub-clause (b), after the words "on hire", the words '~or used for hawking articles" shall be inserted; ,  "  (b) in sub-clause (c), after the words "for hire", the words "or used for hawking articles" shall be insetted; (j) after clause (27), the following clause shall be inserted, namely:-"(27a) the pres('ribing of fee payable for any licence (except as· otherwise specifically provided in the act) or for any written permission granted by the board;"; 5 (k) in clause (37), for the word "stables", the words "stables, kennels, sties" shall be substituted; (l) in clause (38), the word "and" occurring at the end shall be omitted; (m) clause (39) shall be renumbered as clwse (41) and before 10 clause (41) as so renumbered, the following clauses shall be inserted, namely:-"(39) the regulation of su'pply of copies of oftlclal documents and prescribing the fee payable in respect thereof; (40) the regulation of permission for granting licence for 15 use of loud-speakers and prescribing the fee payable in respect thereof;", i 168, section 283 ijf the principal act shall be renumbered its subsection (1) thereof, and-amendment at 8flctton  283, (a) in sub-section (1) as so renumbered,-!oio (i) in clause (a), for the words "one hundred rupees", ttie words "five hundred rupees" shall be substituted; (ii) in cla'use (b), for the words "one hundred rupeea" and "twenty rupees", the words "five hundred rupees" and limy rupees" shall respectively be substituted; 25 (iii) in clause (c), 'for the words "ten rupees", the words "fifteen rupees" shall be substituted; (b) after sub-section (1) as so renumbered, the following subsection shall be inserted, namely:-"(2) any such bye-law may also provide that a person coil- so travening the same shall be required to remedy, so far as ltea in his power, the damage or mischief, if any, ca~ by su~ll contravention"  161 for section 286a of the principal act, the following section shall sub8t1tu-be substituted, namely:-tior of new aection for section 288a 5 power to delegate tunctio1l'8 to the president, etc i/286a (1) the board may, by a resolution passed in this behalf delegate to the president, vice-president, executive oftlcer or health officer, subject to such conditions, if any as may be speci1ied in the resolution, all or any of its functions under clause (b) ot sub-aection (5) of section 119, section 161, section 163, section 188, section 169, section 196 and section 197 (2) the civil area committee may, by passing a similar reso-10 lution, delegate, subject to such conditions, if any, as may be specified in such resolution, all or any of its functions under section 189 and section 195 to the vice-president, executive officer or health officer" 16z in section 287 of the principal act, in sub-section (2),-amendment of section 287 (a) for the words "indian registration act", the words "registration act" shall be substituted; (b) for the words "to the board or", the words "to the executive officer and the defence estates ofticer and" shall be substituted 163 in section 289 of the principal act, for the words "by the board", :w the words "by the executive officer" shall be bubstituted amenddlentof section 289 amendment ot section 291, 1m in section 291 of the principal a,ct, after the words "municipal authorities respectively", the words and figure "and the references to state government in seetion 4 of that act shall be construed as references to central government" shall be inserted 165 in schedule i to the principal act,-(a) for the word "distress", the words __ , "diatreta· ___ _ attachment" amendment of shall be schedulet substituted; (b) the following shall be inserted at the end, namely:-"·strike out whichever is not applicable:' 166 in schedule ii to the principal act,-(a)' for the word "distrain ", the words--"dibtr in a  attach hall be amendment of schedule n substituted; ·'mov,we-(b) for the word "movable", the words substituted; imrn~v:q~" shall be (c) for the word  seized", the words "acized attachc'd" shall be substituted; (d) the following shall be inserted at the ena, namely: -!l "·str1ke out whichever' is not applicable" 111 for schedwe v to the principal a,ct the following shail be subsututed, namely:-schedule  "schedule vsubatttwtion or new sched1ile for schedule v appeals from: orders (see section 274) s~ctiol1 executivr order appellate authority s no time allowl"d for appeal thiny oays from 15 "j'\·ic, of notice officer commanding-in-chief, th~ command, or othet authority authori~-l eel in thl behalf bv the central governml"nt noticc to remove, repair, prote c t or end ole a buildul!, wan or anythiq aflixed thereto, or wall • tank, reservoir, pool, dep-' realion or excavation '34 thirty days from service of notice notice to fill up well, ~nk, etc, or to drain oft' or remove water oiicer oonunandina-in-chitf the command, or other authority authorised in this behalf by the! central glwernment board 135 fifteen da, from service of noticr notice requiring the owner to ~o'ride latrine, urinal, i ccii pool, dust-hin or other rl'",ntadr fifteen days from 'io hoard 136 ~t'rvice of notice • ;-iotict' rf'!411~rmg provisionl\ of aanitary faeilitiel in mm'k~t, 1oh001, theatre\ or other place of illlb1k resort notice for r--mova! of con-\ 5 thirty days from 35 srn'ice ofnoti«c • ge~ted buildin~ i i officrr commanding-in-chief, the command or other authority allthori,ed in this behalf \ hv th, c,ntral goverftment thirty days frolll qo ~r\'i(', of liotier notice requiring a building to he repair~ 01' altel'lltf 10  to remove sanitary defects officer commanding-in-chitf, the command, or other authority authorised in thi bt-half by th~ central governm("nt | twenty-one          | days            ||---------------------|-----------------|| from                |                 || ler'vice            |                 || of                  |                 || notice             |                 || notice              |                 || prohlbitin~         |                 || _ner                |                 || or                  | occupier        || to                  |                 || use                 |                 || a                   |                 || buildl"            | or              || of                  |                 || a                   |                 || building            | for             || bitation           |                 || or\cer              | oommandlng-in-  || chief,              |                 || the                 | command,        || nther               |                 || ~thority            | au~             || ed                  | in              || central government |                 || 8                   |                 || order               | directing a     || to                  |                 || remove              |                 || from                |                 || the                 |                 || eantefl-            |                 || m~nt                |                 || and                 |                 || prohibiting         |                 || him                 | ftoom           || without             | permlnon      || officer             | commadcling-in- || ohief',             |                 || the                 |                 || ce8lmadd,           |                 || er                  |                 || other               | authority       || cd                  |                 || in                  |                 || thilliebait         |                 || by                  | the             || central             | oovemment      |thir~r day, from iel'vlte or notic('   _---  _----"-ex~cutife order appellate authority ci no &ard 5 (4) rcf\llal ~o aanclion thc erection or re-erection of a buildint in a civil area thirty d,y, from aervlcc ot communication - i officcr co~andinl-in- i thirty dayi from iin'icc of cplmunicluion refuaal to iiuiction the ¢feotion r re  tiqn q{ a buildinl( in a cantonment (othcrthan a dvif area) 10 chief &be ~,or other a"~ty f,utborited in thi behalf by the oelltraj oovcmmont• (/j) board tlairly days from servicc of notice 10 185 i notice to atop t'rection or l'e-ucction (if or to al ter or demolish a huilding in a civil area 15 notice to stop erection or '" officci commanding-in-'l'hirl), oa)'s from chicf the cdmmand or sen·ie,' of notict' other authorityauthorl-ed in thit llf'hal f by thr ,-central go\'ernmcrt i re-erection ot,' or to a iter or dcmoliah, a buildin, in a c,ntonment (other than a civil area) 20 thiet} day ii'om service of notice :'\otice requiring the owner or occupier to alh~r or remove ally projection or eneroachml'lit officer cowmanding-ill-chief, the command or other ~ity autboriled in this behalf by central government the i i fib thirt)· da),s frolil lel'\'i!"  of 1i0t icr notice to pull down or otherwise dcal with a i buildin, oewly lti'ected or i officer commallding-in- i chief, the command, i or othet authority au- i thoriaed in this behalf i by the central government reb~ih without pcnnia- i sion ov~ a sewer drain, i culvert, water course or water-pipe twenty-one da}"5 from service of notic  sotie  prohibiting or reltrictiollhe tile of a ilaughter-house 35 officer commanding-in- i chi"' the c~ or: othelauthority autho-i riled in thle bellalf bv the central governmrnt boarci '2iq fiflt'cn dll}"s from len';cl' of notke board l'i 2'21 fifteen days from aervice of notire 45 notice requmn({ maintenance or cloling of private ~n:e of public drinking water supply , noticc i'equiring the owner ' 1$tic or occupier 01 a i building or land to ~tain , water ffom a source of puhlir watf'!' ~l!ppjy :'oj otici' for cuttinll off the tioard fifteen days from lervicr of notice connection bl'twecli any ipurc:eof public wfttr-~ijpply and any buiji:linll; <lr land to which watf'r i~ supplied i 17 thirty dllys froid - micc of no-the cantonments act, 1924 provides for the administration of cantonments the act, for the first time, allowed representation of the civil population in the administration of the cantonments amendments to the act were made from time to time and the last such amendment was made in 1954 the existence of the growth of a large population inside cantonments necessitates the organisation of local selfgovernment institutions side by side with different kinds of control the governance of a large civil population involves civic responsibilities a balance has to be struck between the interests of the anned forces from health, welfare and security point of view and the aspirations of the local population for participation in the administration of the cantonments 2 taking into consideration representations and suggestions made from various quarters and also other related matters like changes in the concept of' municipal administration consistent with the necessity to ensure discipline, security, sanitation and health of the troops, the question as to what amendments should be made to the act was referred to a task force which made a number of recommendations in this behalf 3 government has taken into consideration the recommendations made by the task force coupled with the need for streamlining and strengthening local administration of the cantonment board and proposes to make exhaustive amendments to the cantonments act some of the important amendments to the act are-(a) to provide for declaration of naval stations ,also as cantonments under tbe cantonments act, when necessary; (b) to extend the term of office of the members of the board from three to five years; (c) to reduce the term of office of the vice-president from three years to two and a half years which amounts to one-half of the tenure of a member in order to facilitate more than one elected member to hold the office of vice-president and to provide for his removal through a no-confidence motion; cd) to empower the executive officer to discharge certain routine day-to-day functions of the administration of cantonment board; (e) to provide that the cantonment board acts as an appellate authority against the orders of the executive oftlcer; (i) to confer on the civil area committee some of the powers of the cantonment bciard in so far as the administration at eivu areas is concerned; (g) to enlarge or modify the list of obligatory duties and dlscretionary functions of the cantonment board; (h) to remove lacunae in the act in regard· to recovery of pro-  perty tax in respect of private buildings occupied by the government and recovery of rent on account of leases; (i) to enhance the amount of fines, fees and financial powers as provided in the act, keeping in view the present-day rise in prices; (j) to add to the list of orders issued under the act against which an appeal would lie to the prescribed appellate authority and also provide that the stay of any orders appealed against would not be automatic but would lie at the discretion of the appellate authority; (k) to remove certain difficulties experienced in the administration of the act; (1) to amend obsolete proviscins, bring the act uii-to-date and re-arrange some of the sections consistent with the s1 1bject matter of the sections; (m) to introduce order and clarity; (n) to make consequential amendments in the act for giving effect to the above proposals 4 the notes on clause~ explain in detail the various provisioil'3 contain~d in the bill new delhi; r venkataraman the 22nd april, 1982 clause 2-exprt¥sions like "civil area", "civil area eomnuttee", "defence estates officet" , "director", "factory",  'force6" , "hoapital", "lower grade employee", "market", "military oftleer", "nuisanct''' ''omcer commanding the area", "soldier" and "sub area" have been defined in accordance with the scheme of the cantonments act, 1924 (hereinafter referreti to as the act) as proposed to be amended by this bill the amendments t6 clauses (iia) , (vii), (]!:ii) and (xxiva) of section 2 of the act and the omission of clauses (iii) and (xxii) thel·eof are verbal and consequential clawle 3-this clause seeks to amend section 3 of the act to empower the central government to declare also places occupied by navfll stntions as cantonments clauses 4 and 5-the amendment to section 10 and the omission of section 12 of the act are consequential to the substitution of section 24 of the act (vide clause 16) clause 6-the amendment to section 13 of the act has become necesi>ary in view of the coming into force of the code of criminal procedure, 1973 (2 of 1974) clau!e 7-this clause ~eeks to amend section 14 of the act to provide for nomination of a civilian member by the central government in consultation with the officer commanding-in-chief, the comrrand, in a board, the co~stitutlon of which was varied by the central government clause b-this clause seeks to amend section 15 of the act to provide that the term of office of all members of the board shall be llve years instead of three years and to ensure that the term of all elected members whose term is extended under the proviso to sub-section (1) of that section terminates on the date the election of their successors is notified in the official gazette the date of commencement of the office of a member elected to fill a casual vacancy shall be calculated from the date of the notification of 'his election instead of the date of his election clause 9-under section 16 of the act no casual election will be held to fill 'up a vacancy occurring within three months of any date on nhich the vacancy will occur by efflux of time this period of three months is considered inadequate and is proposed to be enhanced to six months   clause 10-section 17 of the act relates to vacancies in a board it is proposed to provide for a person elected from more than one ward to resign from all but one of the words it is also proposed to omit the division of fnhabitants o'f the cantonments into classes as no such rlasst!s of inhabitants e:dst (,lause n-this clause seeks to substitute a new section for existing section 18 of tm act the intention is to standardise the form of oath of allegianc~ and to ensure that it is invariably taken clausz 12-the procedure as contained in section 19 of the act for resignation by an el~cted or nominated member from office and its acceptance by the board is being revised clause 13~the expressions "temporary absence" and "station leavp" occurring in the proviso to sub-section (1) of section 20 of the act have crect~d some difficulties in their· interpretation to remove these difficulties, it is proposed to provi'de that the officer commanding the station, when he is holding the office of the president, shall not vacate the said office of the president for a temporary absence from the strtion for a period not exceeding thirty consecutive days clause 14-this clause seeks to amend section 21 of the act the term of ooke of a vice-president is being fixed as two years and six months instead of three years a provision has also been made that a vice-president may be removed from oftice through a no-confiden~ motion passed by not less than two-thirds of elected members holding office and attending the meeting in which a resolution to that effect is passed clause 15-this clauge seeks to amend section 22' of the act to provide that the president of the board shall control, direct and supervisp the tinancial and executive administration of the board, clam;e 16-this clause seeks to substitute two new sections for section 24 of the act and the new sections relate respectively the appointment and duties of the executive officer clause 17-this clause seeks to amend section 28 of the act to provide that a person who holds any office of profit under the government or is in employment of a local authority or is found guiliy of a corrupt practice or fails to pay arrears of any kind to the board may be disqualified for election or nomination as a member it also provides to raise from rupees one thousand five hundred to rupees three thousand the monetary limit which will attract disqualification o'f a person who has an interest in a contract or work with the board clause l8-this clause seeks to substitute a new section for the exij;ting section 29 of the act the intention is t~ add the definition i)f the expression "corrupt practice" specified in sub-section (2) of section 28 on the lines of section 123 of the representation of the people act, 11ml (4~ of 1951) clau,e 19-at present there is no provision in section 31 of the act to make rules for the levy of fee for admission and consideration of any application relating to election or election disputes the committee on subordinate le~islatlon has recommended that the power to levy fees of such a nature should flow from the statute itself aocordingly, a new clause is being inserted in that section to enable the levy of fees clause 20-sub-section (1) of section 32 of· the act is being amplified to prohibit a member from participating in discussion in a meeting of the board or any of its committees on questions a1fecting his pecuniary interest and similar matters a new sub-section is also being inserted in that section for excluding a person presiding over a meeting of the board and from its deliberations in cases where he hrs somp pecuniary or other interest in the matter under discussion clause 21-the liability of the members of the board as ~ontain­ed in section 33 of the act is being ampll6ed so as to make it applicable also to any money or other property vested in, or entrusted to the management of, the board clause 22-this clause seeks to amend section 34 of the act the power to remove from the board any military officer nominated as a member of the board is proposed to be conferred on the officer commanding-in-chief, the command, instead of the central government clause 23-this clause seeks to insert new section 35a in the act to provide that every member of the board shall be deemed to be a public servant clause 24-this clause seeks to amend section 36 of the act and the change is verlsal in nature clause 25-section 39 of the act is being amended to provide for the meeting of the board to be adjourned' by the vice-president in the absence of the president and by the secretary in the absence of both the president and the vice-president c:laus~ 26-the amendment proposed to sub-section (1) of section 41 of the act is clariflcatory in nature the amendment to sub-section (2) of section 41 is necessitated because of the proposed amendment to section 3 to declare naval stations also as cantonments (vide clause 3) where cantonments are located in the navy or air 'force stations, the proceedings of the board should be sent to the respective command headquarters of the navy or air force clause 27-the amendment proposed to sections 42 and 43 of the act is clarificatory in nature clause 28-this clause seeks to insert new sub-section (3) in section 43a of the act with the demand of democratisation of administration "of cantonments, administrative instructions had been issued to the cantonment boards to make provision in their regulations framed under clause (e) of sub-section (1) of section 44 of the ad that the deciaion of a civil area committee in certain matters pertaining to civil area would be construed as decisions of the board since this was only under a delegated power, it is now proposed to make a spec11le provision in this behalf in the act itself however, if the health oftleer dissents from any dc'cision arrived at by the civil area committee on matters pertaining to con!lideration of health of the people, the matter will be referred to the board by the president for decision clause 29--section 44 of the act empowers the board to make regulation<; tt is proposed to amend this section suitably to provide for the laying of the regulations made by the board before each house of parliament us per the recommendations of the committee on subordinate legislation clause 30-the amendment proposed to section 45 of the act provides that the powers 0'£ a lof!al authority to establish octroi limits and octroi stations within a cantonment in the event of an agreement between that local authority and the board should be available in the same manner also to the cantonment boards clal1~e 31-this clause seeks to amend section 46 of the act to provide that the power of the central government to call for documents from the board should also be given to such officer or authonty as may be ~uthorised by the central government this is considered necessary 8' it is not possible in all matters for the central go~rnment to form an opinion in matters where documents are required to be called for clause 32-1t is considered desirable to make specific provision tor 8uthorising the director, defence lands and cantonments, the command or su~h other officer or authority as may be authorised by the central government to exercise the power of inspection under section 47 of the act clause 33-th~ amendment proposed empowers the ~rectnr, defence lands and cantonments the command 11so to exercise the power to call for documents under section 48 of the act clause 14-thi, clause seeks to amend section 51 of fhe act to enable the president in his canadty as officer commanding the station to dissent from a decision of the foard if it affects also the ~ecuritv of the forces in the cantonment the other amendment to the section is of a consequential nature clause 35-this clause seeks to insert new section 51a in the act to enable the central government to review any decfc;1on or order of the board or the officer commanding-in-chief, the command , c1ause~ 36 a'nd 37-sub-clause (a) of clause 36 and sub-claus!'! (a) of clause 37 seek r~pectivelv to rmend secuon m and section 57 of the act consequent on the amendment to section 3 of the act to declare places occupied by naval st:ltions as cantonments (vide cl<!use 3) sub-clause (b) of clause 36 and sub-clauses (b) and (c) of clause 37 seek respectively to amend section 56 and 6ection 57 sa as to enhance the fine prescribed for the offences as the existing ftne is considered inadequate in view nf the escalation in prices clause 38-the amendments to secti0n 58 of the act have beeome n~ssarv in view of the coming into force of the code of criminal pro--cedure, 1973 (2 of 1974) clause 39-sub-sectlolj (2) section 60 of the act provides that a tax imposed under this section shall take e1fect from the date ot notiftcatlon in the offtcfaj gazette thi1! provision do~ not rortfer pmru' oft the board to notify that the tax may also be imposed from a date specified in streh notification as this will give information to the persons residing in the cantonment and also facilitate realisation of tax an amendment for the this purpose is pr!,posed to be made in this section clau8e ml-the amendment proposed to sub-section (1) of section 62 of the act is verbal the other amendment to substitute a new subsection for sub-sections (2) and (3) provides for the publication of tax proposals once only on the lines of similar provisions contained in some m'unicipal laws  clause 41-this clause seeks to insert new section 63a in the act to empower the central government to issue directions to a cantonment board to impose new taxes or to enhance an existing tax when the government considers it necessary so to do for augmenting the revenues of the board clause 42-a provision is being made in section 65 of the ad to enable apportionment of tax liability amongst several owners whepe the property is jointly owned by more than one owner, the liability will be joint and several  clause 43-the function of the board under section 66 of the act is routine administrativ~ function and it is proposed to confer this function on the executive officer sub-clause (b) seeks to empower the government not only to make rules specifying the form tn which asse!$sment list is to be prepared, but also the manner in which such list is to be prepared clauses 44, 45, 46, 50, 53, 84, 85, 88, 92, 93, 96, 109; 113; 127; 128; 129 and 132-the functions powers and duties of the board under sections 67, 68, 72, 77a, 83, 131, 132, 135, 143, 145, 164, 190; 194; 219; 221; 224 and 231 of the act are by and large routine day-to-day administrative functions, powers and duties it is proposed to confer these functions, powers and duties under those sections on the executive officer and carry out in the relevant sections, wherever necessary, such consequential amendments as the rules of grammar may require clauses 47, 51, 00, 95, 97, 107, 114, 117, 118, 121, 123, 124; 125; 130; 137 and lw-the existing punishment for an offence under sections 74 79, 139, 159 167, 184, 196, 204, 205, 209, 213, 214, 215, 226, 240 and 263 jscons'-dered inadequate in view of the escalation in prices and is being enhanced cl4use 48-section 75 of the act provides for remission and refund of tax when a building is wholly or partlv demolished or destroyed on the application of the owner it is proposed to provide that no remfesion or refund shall take effect in respect of any period commencing more than two months be'fore the'" delivery of such application , clause 49-sections 76 and 77 of the act provide for the remlsston of tax for buildings it is proposed that such remit;sion shall not exceed one-half of the tax levied on such buildings clause 52-penalty for evasion o'f octroi or terminal tax under section 82 of the act is considered inadequate in view of the escalation in prices and is being enhanced it is also proposed to confer on the executive officer the powers and functions of the board 'ilndll' tblj section as these arp routin(' in nature clauie 54-this clause seeks to amend section 84 of the act the -dolent to substitute sub-section (1) of that section provides that an appeal apinst the, assessment or levy of, or against the refusal to refund, any tax under the act will lie to the d!stnct court the other amendments are of consequential natute clause 55-ln view of the am-:ndmem proposed to be made to section 84 of the act, a consequential amt!u{1tnent !s belng made in section 85 clause 56-ln view of the amendments proposed to section 84 of tjut'act, a 'consequential amendment is being made in section 86 a new sub-section is also proposed to be inserted in section 86 for the recovery by' the board the costs awarded to the board in the 'same manner as moneys rer:overable by the board under section 259 clause, 57 and 5e-in view of the changes proposed to be made in section 84 of the act, consequential arnenc:gnents are being made in aectlons 87 and 88 clau'e "59-ln view of the escalation in prices, it is proposed to enhance the fee for every notice of demand under sub-section (2)" of section 91 of the act from one rupee to two rupees clailse 60-ln addition to the distress and sale of movable property, it is also proposed to provide in section 92 of the act for attac4ment and bale of immovable property in the event of a tax remaining unpaid even after the service of the notice of demand the provision would act as 8 deterrent to habitual defaultej·s who do not pay the taxes on demand a safeguud has, however, been provided that the attached property would not be sold except under the orders of the board clauae 61-this clause seeks to insert new section 92a in the act for levying interest on the tax which has not been paid in time the interest thus payable would also be recoverable in the same manner as m<>neys recoverable by the board under section 259 the interest could; however, be remitted by the assessing authority with the sanction of the' board, where no appeal has been preferred, and by the district coul1 in bther casell czduh 62-lt is proposed to provide that the surplus sale proceeds from the disposal of distrained property shall also be given to the legal representatives further it is proposed to enhance the fee for a warranl of restraint or attachment from one rupee to two rupees in view of the escalation in prices  clause 63-1n view of the amendment proposed to section 92 of the act, a new section 94a is proposed to be inserted in the act for the dis  posal of attached immovable property clcluse 64-the changes proposed in section 95 of the act are verbal add' consequent to the amendment to section 92 cl4me 65--the amendment to section 96 of the act is consequent to the amendment to section 92 clause 66·-the amendment proposed to section 99 of the act seeks to'exclude only buildings or lands of the government from the levy of property tax clause 67-tbe power of the board under section 102 of the act to write off any sum due to it is proposed to be enhanced from tifty rupees to two hundred and fifty rupees with the previous sanction of theoftlcer· commanding-in-chief, the command clause 68--the amendment proposed to section 103 of the act empowers the executive officer to call upon any inhabitant of the cantonment to ascertain not only about his liability to pay a tax, but also the fact that the tax has been correctly paid this is necessary in cues where a person is about to move out of the cantonment to avoid immediate payment of tax by such person the existing punishment for an offence under this section is considered inadequate in view of the escalation in prices and is being enhanced clause 69-the amendments proposed to section 105 of the act are of consequential nature in v ~ew of the amendments to section 02 vide claule 60) - c[ause 'o-the amendment proposed to section 101 of the act enables the board to keep cantonment fund in the state bank of india or a subsidiary bank or a natbnulised bank the other amendments to this section are of consequential nature clause 71-c1ause (d) of the second proviso to section 109 of the act is being omitted as the e~bility of mainta!nlng public lunatic asylums and mental hospitals rests with the state government under the indian lunal:y act, 1912 (4 of 1912) clauses 72 and 73-the limit up to which the executive officer can enter into a contract under section 113 of the act is proposed to be raised from rupees two hundred to rupees one thuusand in view of the escalation in prices similarly, the limits beyond which a contract should be in w"riting under seclon 114 of the act and up to which the executive officer can sign for the board in time of emergency are proposed to be increased for the same reason from one hundred rupees to five hundred rupees and from five hundred rupees to two thousand ~d five hundred rupees respectively clause 74-at piesent there is no provision in section 116 of the act for reguj:ating the use of streets, culverts, markets, etc it is now proposed that such places sholjld be regulated under specific bye-laws there is no provision for establishing and maintaining a system of publicinoculation and it is now proposed to provide for it at present, establishing and maintaining or supporting public hospitals and dispensaries 18 the obligatory duty of the, board" similarly establishment and maintaining or assisting primary schools is its obligatory duty since these are primarily state ·subjects, it is propclsed to omit these duties from the obu-gatory list and include them in the dis'!retionary functions of the board under section 117 i t is also proposed to amend section 116 to ensure that the boards are obliged to establish and maintain civil ~ terv1ces and to prepare and implement town planning schemes ·clause 75-:-consequent to the deletion from section 116 ot the act cefliiw ollugatory du~l~ 01 tne tioard re!afjng ro e~~acwwment and mamteuau¥e 01 puol1c ao:'plta!~, prlulary scnooui, elc, 1& is pro'po~d ro provlue tllt:1:ie duueo as ojl:icrt!uouary lwlcuons of tne board uuder secuon h'i it 18 pl'oposed to provide tuat it wul be tne discretionary iunclion 01 the tioal'u 10 provlue reaiel on toe occurren:e of 1100cls lammes or ottler naluriu cajiwllues ~ome aduiuonaj funcuons of a discretionary nature are now oeiug incjuded ill tnls secfjod clause 'i6-the use 01 megaphone or loudspea:\:er which may disturo me pudjic peace or o'tuel' ana toe use ol any prellu:;es wltuout tne prevlous peullbl:ijon ot t!le jw(e:::utlve ufficer tor any trade invojvmg oitewuve smell or &looke are locluaed as dulsallce5 wlder secuon lj~ ot ule a;t 'l'ne powers 01 tne j:soard under sub-clause (xv) 01 cjau;e (a), claw;es ~u), ~g) and (k) of suo-seclion (1) of tile &ala &eclion are proposed to be given to ule executive officer as ttley are routlne ac1mjolstrative ludcuons the existing penajly lor an onence under suo-se_twn (1) or suo-section (~) ot seclolon his ot ule act is coilsldered inadequate in view ot the escalation in prices and is t eing enaanced the other amendments are verbal clause 77-the scope of the term "military unit" in section 119(2,) of the act is being widened so as to include an estaousnment or a detachment of troops provision regarding registration of dogs in military uruts is bemg made apphcable to such establ!8lunents or detachme'ots the power 0( tne board under suo-se tion (3) of that section reg8!'ding confining the dogs suspected to be suttering irom rabies is proposed to be'vested in the l!;xecutive officer as this is a matter relating to day-to-day ~tratioil clause 78-the amendment proposed to section 121 of the act is verbal ' m i clause 79-it is considered that no permission of the board should be required under setion 12ij of ttle act for ttle purpose of illumination on the occasion of a festival or public or private entertainment as it is cwficult to control such celebrations accordingly, reference to such permission is being deleted clause 80-the reference to the cinematograph act, 1918 in section 124 of the act is proposed to be changed into a reference to any other law relatmg to sanctionmg· of cinematograph films for exhibition performances such as circus, carruval, exhibition, dance or other similar show for public recreation or amusement are bemg brought under the provisions of this section the penalty provided under that section is considered inadequate in view of the escalation in prices and is being enhad(:ech clause 81-the scope of section 125 of the act relating to operations involving public hazards is proposed to be enlarged so as to cover quanies, building operations, et~, involving risk of injury to ~ns, property or goods the quantum of fine is considered inadequate in view of the escalation in prices and is being raised clause 82-besides caitying out amendments in section 128 of the act consequent on the inclusion of naval stations in section 3 (vide clause 3) the area of responsibility in respect of various autboritiee ia a cant~ent in the matte' of sanitation is proposed to be clhrly dd:dn clatile 83--this clause seeks to insert new section 130a in the-act m order to fix respc:msibility on occupier of a building or land to collect ad depolit rubbish and other offensive matter clause 86-the executive officer under section 133 of the act can require occupiers of buildings to collect and deposit offensive matter remaining in the building in a receptacle for removal by the conservan-cy establishment of the board there is a restriction that such receptacle should be situated within one hundred feet of the nearest boundary of the premises this being not practic~ble of implementation, it is proposej tc remove the restrictipn relating to distance clause 87-this clause seeks to amend section 134 of the act to provide that the power to sanction expenditure for filling up of tank, reservoir, etc, on the recommendation of the health officer could also be exercised by the director, defence lands and cantonments, the command in addition to oificer commanding-in-chief, the command clause 89-as the functions under section 136 of the act are routine administrative functions, it is proposed to vest these functions in the executive officer the other amendment is for changing the reference ta the indlc1l' ~'actories act, 1911 into a reference to the factories act, 1948 clat£le 91-this clause seeks to substitute a new section for section 1"1 of the act to ej'lat>le the executive officer to require land or building to be cle~nsej thls new section is more comprehensive and is in line with we provlsions contained in other municipal laws clause 94-section 150 of the act is proposed to be substituted by a new sectloa so as to bring it in line with similar provisions contained in other muolcipai laws penalty for furnishmg false in1ormation is al80 proposed to be enhlldced in view of the escalation in prices clat£le 98-the proviso to section 173 of the act is obsolete and is being omitted clause 99-the amendments proposed to section 178 of the act· are claiificatory in nature clause 100-this clause seeks to substitute a flew section for section 1 'i8a of the act to provide that for the sanctjon of building plans a notice by an individual intending to erect or re-erect a building in the civil area should be given to the executive officer in the remaining area of the cantonment, however, the building application will be submitted to the board as usual this is considered necessary to alleviate the hardship of the people intending to erect or re-erect buildings particularly in the civil· area where most of the constructions take place clause 101-it is proposed to substitute section 179(1) of the act so as to include within its scope any buildings originally constructed tot mmum habitation and later converted into commercial purposes the other amendments are consequential to the substitution of new section for section 178a (vide clause 100) claule 102-'i'his clause seeks to amend section 180 of the act and i,s consequenti'81 to the substitution of new section for section'l78a (vide clauie·1oo) clause 103-this clause seeks to insert new section 180a in the act to empower the executive officer to exercise in civil areas the powers, duties and functions of the board under certain sertions of the act enumerated therein clause l04-this clause seeks to amend section 181 of the act the amendment to substitute a new sub-section (2) for sub-section (2) of section 181 is consequential to the insertion of new section 18la (vide clause l05) an additional provision is beinror made enablin~ the board to refuse sanction of a buildin£! plan if a land has been placed under the manai{ement of the board and the erection or re-eorection of a building c,?nstttutes a breach of the terms of the entru'stme'nt of management the otber amendments proposed are of consequential nature clause 105-this clause seeks to insert new section 181a in the act this new section is belng introduced to enable the officer commandinsrin-chief, the command to sanction a genera i scheme for imd{\sintt reitrictions on the erection or re-erection of bulldin£!s with:n !lu,h hmits as may be specified in the sanction for prevention of overcrow-ii'l~ or for the purposes of sanitation a safel!'uard is bein£! 'drovioip-1 tl,,,,t ,,, """" , triction will be imposed without inviting objectionq or 'ii""'''e~t'o'ls and after taking into consideration such objections and su~"tilrls clause 106-this clause seeks to insert new sec'ti('\n , !l~~ in t,  act to make it obligatory on the part of every person inte",dfnr;! to erect or re-erect a building to give a notice of completion of the building ,ae"'ord· ing to the sanctioned plans clause lob-this clause seeks to am€'nd section 186 (\f the act r  latin/t to the board's power to make bye-laws in re~dpct: of ct'!rta;n mrtters underc100se (a) of this section a notice of iqh·ntion to erect or re-erect a building in a cantonment should be given to the board suh-l'iruse (a) of this clause seeks to empower notices being £l'iwm also to theexecutfvp officer sub-clause (b) seeks to in~e'rt a new dau!le in the section to emnower the boaord to make bye-law!'! to re£!ulate the manner in wht"b and the fonn in which a notice of comnletion of erec'tion or re-e1"ection of anv bullding in the cantonment shall bf' given to the board or tlte executive offi('er and the infonnation and nlans to he furnished with the not·('e sub-clause (c) seeks to amend clause (f) of the said secti<m ~ make certain amendments of dariftcatory nature clause llo-temporary occupation under section 101 of the ac't of any street or land vested in the board requires permission of· the board in writing this power of the board is proposed to be conferred on the executive officer subject to such conditions as the board may prescribe to prevent unauthorised occupation of any such street or land it is proposed to empower the executive officer to remove any article placed without authority on such street or land and conftscate such article if tl}e person who placed the said articles fails to offer satisfactory explanation similarly, the defence estatelj otbcer would be authorised to conflscate and remove 'any artid£' place'{{ without authority on an:  street or land under his management - --, cl4use ll1-the power of the officer commanding-in-chief, the command under sub-section (1) of section 192 of the act is proposed to be concurrently given to the director, defen~e land! and cantonments, the command the power of the board under sub-section (2), of the sald section is proposed to be given to the executive ofrcer clause 112-the amendment to substitute a new sub~section for subsection (1) of section 193 of the act p!'()vi~e'~ to empo 'er the board to rrlve names to variou,; areas in the cantonments, the exi8tin~ penalty under sub-section (2) of the said section is considered inadequate in view of the escalation in prices and is be'ng enhanced the power of the board under sub-section (3) of the said section is proposed to be given to the executive offtcer clause 115-the power of the officer commanding-in-chi~f the command to approve under section 200 of the act the levy of stauages, rents or fees by the board is proposed to be concurrently given to tbe director, defen"e lands and cantonments, the command another proriio is being added to this section to enc;ure that no tenancy right is conferred on an individual who is allowed the use or occupation of any itall, shop, etc, in a public market clauellft-the reference to slaughter of animals for sale of flesh to the troops is being deleted from clause (b) of sub-section (2) of section 202 of the act as it is considered obsolete the penalty for non- compliance of the conditi:ms as regards a market or slaughter-house is being enhanced due to escalation in prices clause 119-the power to inspect slaughter-houses under sub-section (1) of section 207 of the act is proposed to be given also to the executive <>n!cer·  clause 120-section 208 of the act provides for the power of the l30ard to make bye-laws a new clause is betn~ introduced in that sc"tion enabling the board to make bye-laws to regulate any other matter with respect to the regulation of any private rttarket or private _ slaughter-bouse clause 122-section 210 of the act provides for the issue of licences for ('art"vin~ on certain occuoations it is proposed that vendors of s1'irftuou8 ll~u01's should also obtain a licence for carrying on tbe trade an e'nal)1ln~ provision is also being made empowering the board to issue u-ences for such other trade, calling or occupations as the central gnve1"t\ment may notlty the reference to the indian petroleum· aet, 1899, in section 210 (3) is being chanjled into a reference to the }t\,otroleum act 1934 at prebent, aection 210(4) provides that ueencc fee should not exceed the cost of granting the licence as the precise asses~ent of cost is not possible, it is proposed to amend thisprovisiqn to provide that fee chargeable by the board in granting any licence should be reasonable the other changes are verbal c;~2f8e  ~-:-the power un~er section 216 of the act to permit tbp inlpor~ df any animal in~nded for human consumption or the 1lesh of any animal slaughtered outside the cantonment is proposed to be v~tecl ip the ~xecuiive oftker and he will exercise this power on the ad\rtce,· of t~e he81tli officer the existing penalty is being enhanced t-,·'·",'",  i du4' to e{calation in p,rices i >: ' , '  clause 131-the p~wer of the board under se'!tion 23() of the act· ~,p~o'po~d to be giv!!o to the exec'utive officer the other amend-~~in that section is of a clarificatory nature ckluse 133-the amendment proposed to sectiol) 232 of the act is of - clarjf\catory nature clause 134-penalty under section 236(1) of the act for loitering, and importuning for purposes of prostitution is being enhanced due to escalation in prices the word "naval" is being'introduced in sectign 23f(a) to c<>vej;" naval stations also consequ~nt to the amendment of aection 3 (vide clause 3) (1ause 135-'1'he reference in section 238 of the act to the british "'ffily ac,t, pe~ng obsolete is proposed tp be omitted the re'ference to t~e  ~, of criminal procedure, 1898, is being chariged into a reference to  the ,cqde of criminal procedure, 1973 the other changes are consequential and verbal  c14use 136-this clause seeks to amend section 239 of the act and the change is consequential to the insertion df a new definition of the expression "forceslt in the act clausea 138 and 139-the powers to authorise entry under section 2~1 and of inspection under secti(m243 of the act are proposed to be givep to' the executiye oftlc;er cla14se 140-the present provisio~ in sectioi), 247 of the act relating w eqt,j:;y i~ premises without notice are being amplified to cov;r coin-dlerciajetabuahmeq-ts, etc clct~e lal-1'here is no provision at present in section 249 of the a4:t tp impose penalty on a ~son wh,o obstructs or molests a person nrting on peha}f of the board a provisi,on is now being in~oduc~d to ~er su~h cases the penalty for causing obstruction is pj:oposed to be enhanced in view of the escalation in prices ciause 142-ln section 250 of the act, the word "navar' is being fbtroduced to cover' persons in the employinent of the indian navy "nus l6nendmeiltis co!llequent to the amendment of section 3 (tride clause 3), clause 143-in the act, there is no provision under which an attempt to commit an offence is to be reported to the board by the police this lacuna is 'proposed to be removed by suitably amending section 251 of the act clause 144-the exisung provisions in !?ection 253 of the act regardklg authentication and validity of notices issued by or on behalf of the board are being amplified to bring the provisions in line with other municipal laws clause 145-the existing provision in section 256 of the act is belng amplified because some of the powers of the board are being vested either in the civil area committee or the executive officer in the exi8ting section, there is no provision to indicate as to how the expenses incurred by the board on account of non-compliance· ~ notices, etc, issued by it or on lts behalf are to be recovered and this is being clarified it has also been provided that for the purposes of removing an unauthorised construction or encroachment on government land, the board or the civil area committee or the executive officer may request a police officer to render such assistance as might be considered necessary and it shall be the duty of such police officer to render forthwith such assistance on such requisition in the absence of an enabling provision in this regard, the board and its servants had been experiencing a lot of difficulty clause 146-this clause seeks to i~sert new section 256a in tne act til cover the contingencies in which the occupier of property prevents the owner from complying with any lawful requisition or notices issued by the board ' ' clause 147-as powers and functions of the board under certain sectiollb of the act are proposed to be given to the executive ofbcer or the civil area committee, the amendments to section 257 of the act are consequential in nature clause 148-at present, the rent of buildings and land and any other money recoverabie by the board under the act or the rules made thereunder cah be recovered in accordance with the procedure prescribed in sec~ion 259 of the act it is proposed to amend this section to provide also for recovery of rent on land and buildings due under leases or licences execufed by or in favour of a board or the defence estates officer it is also proposed to provide fur attachment of immovable propertv as one of the modes of recovery in view of fhe coming into force of the code of criminal procedure, 1973 (2 of 1974), the reference of the magistrate in the 'section is substituted with the reference to judidal magistrate it  is proposed to insert a new sub-section (3) enabling a judicial magistrate fo recover the amount of tax, rent or money due to the board as if such amount were a fine recoverable under a sentence passed bv him 'and the provisions of sections 421 and 422 of the code of criminal procedure, '1973 - shall apply to the recovery of such amount the other amendment is consequential -~-, clauses 149 and 154-the amendment to sections 266 and 271 hag become necessarv in view df the coming into foree of the code of criminal procedure, 1973 (2 of 1974) clause 151-this clause seeks to insert a new section 268a in the ac:t to enable the board to prosecute a company for offence!! committed under the act  cla:use 152-section 269 of the act relates to cancellation of licences by the board it is proposed to substitute a new section for this section to confer this power also on the civil area committee and to bring within its scope written permissions it is also proposed to confer on the board or the civil area committee, the power to cancel or suspend a licence 01' writfen permission in a case where the llcence' or written permission has been secured through misrepresentation or fraud clause 153-section 270 of the act relates to recovery of amotmt payable in respect of damage to cantonment property this section is being amended to effect recovery also by atta('hment and sale of immovable property and to make the provisions of sections 421 and 422 of the code of criminal procedure, 1973 (2 of 1974) applicable to such recovery clause 155-:the reference in sectiop 274 of the act to ,the indian limitation act, 1908, is being changed into a reference to the limitation act, 1963 and the other amendments are consequential clause 156-section 276 of the act provides for the suspension of action pending appeal it is proposed to substitute this section to provide for the said suspension only if the appellate 'authority so directs this, however, is not applicable to an order contained in a notice issued under section 140, 176 or 238 of the act in this list of  exceptions, notices issued under section 181 and section 206 are proposed to be added clause 157·-section 280 of the act empowers the central government to make rules for the existing sub-clauses (c), (e) and (f) of sub-iection (1) of the said section relating to the service conditions of servants of boards, a comprehensive clause is being inserted as clause (c) sub-clause (cc) of the said sub-section is being omitte~ as a result of the proposal to constitute defence lands and cantonments services under article 309 of the constitution clause 158 -difficulties have arisen with regard to rules framed under the act relating to service conditions which had to be given retrospective effect however, this could not be done in the absence of an enabling provision in the act it is now proposed to amend section 281 of the act suitably with adequate safeguards new sub-section (3) provides for laying of the rules made by' the central government before each house of parliament as per the recommendation of the centre on subordinate legislation clause 159-the existing provisions contained in section 282 of the act enabling a board to frame bye-laws for various purposes to regulate the day-to-ctay administration of the cantonment are being amplified wherever considered necessary clause 160-tbis clause seeks to amend section 283 of the act relating to penalty for breach of bye-laws existing section 283 is being renumbered as sub-section (1) thereof un4er sub-clause (a) the penalties prescribed therein for breach of bye-laws are being enhanced due to escalation in prices sub  dause (b) seeks to insert new sub-section (2) to the effect that any bye-law framed by the board may provide that a person contravening the same would be required to remedy, so far a hes within his power, the damage or mischief, if any, caused by such contravention - , clause 161-histing section 286a of the act is being re-struetured to bring it in conformity with the various amendments propol8d to be made in the act   clause 162-the referei),ce to the indian registr~od: ~ iqs~~ ~8! of the act is being cilapged intq a reference to t~ regiatr~~~; ~ provision is also being made that information pertainingto  ~i~~ relating to a property situated within the cantonment registered with the· ·registrar or the sub-registrar will be submitted by the registrar or the sub-registrar to the executive offia:ler arid the defence ·jrbtatea officer cla~e  163-as the' executive ot&er is the keeper o~ all ~~j maintained on behalf of the board, he is being authorised, instead ot the board, wider section 289 of the act, to certify documents for the 'purposes of their admissibility in evidence qause 164-this clau~e seeks to amend section 291 of the act to" provide that with reference to the pplication of the goverdiqent buildings act, 1899 within a cantonment, ulepower ofa ste~ go~~ ment under that act should be construed as  vesting, in th~ central' government i  clauses 165 and 166-these clauses seek respectively tq amend s~ile-, dule 1 ahd schedule ii to the act, and· the amendments are co~,;; ual to the amendments proposed in section 92 of the act (vide clali8e80) "  '   ,,' ''/ ,, } , clause 167-schedu1,v to the act s~~esthat any'pe~n aanj!' yr~ by an order made under ,any of the sect~ons ~nuine~~ ~~,  ' ' ~refer an appeal to thea\tt!lority specified in that 'belwt it 'i~: ~~ il ·:, '! to specify that an order under section 13b, 142 or 187 will be,ap~tablf m view of the amendmentswoposed to sections'135, 136, 181,219, 221,t1iid ft4, an order passed there'tldder will also be appe81ab;1e ,';l'hls c~~ seeks to substitute a new schedule for existing schedule v, for gtvfdi dect to the said proposal clause 19 of the bill seeks to amend section 31 of the cantoiunenta act which deals with the power of the central government to make rilles i:egulating elections 'this rule-making power is being amplified lo" include therein a new clause empowering the central government to make rules for specifyiitg the fee to be paid for admission and consi~ ~ration of any application relating to election or election disputes clnuse 43 of the bill seeks to amend section 66 of the cantonments aj;~ to ~mpower the central government not only to make rules speci-~y!ng t~ form in which assessment list is to be prepared, but also the manner in' which such list is to be prepared clause 108 of the bill seeks to amend section 186 of the cantonments ac~ to empower the board to make bye-laws to regulate the manner in, which ,and the form in which a notice of completic,n of erection or r~e~ecti6n of any building in the cantonment shall be given to the baard or the executive officer, as the case may be, and the information and plans to be furnished with the notice certain other amendments of clarificatory nature are being made in sub-clauses (iv), (vi) and (x) of that section clause 120 of the bill seeks to amend section 208 of the cantonments act to empower the board to make bye-laws in respect of any other matter with respect to the regulation of any private market or private slaughter-house clause 157 of the bill seeks to amend section 280 of the cantonments act which empowers the central government to make rules to carry out the purposes and objects of the act it is proposed to substitute clause (c) of sub-section (2) of that section to empower the central government to make rules fur the tenure of office, salaries and allowances, provident funds, pensions, gratuities, leave of absence and other conditions of service of servants of the boards consequently, clauses (cc) , (e) and (f) of the said sub-section are being omitted clause 158 of the bill seeks to insert new sub-section (3) in section 281 of the cantonments act to empower the central government to make rules, under substituted clause (c) of sub-section (2) of section 280, with retrospective effect and with adequate safeguards new subsection (4) proposed to be inserted in tais section provides for laying of the rules made by the central government before each house of parliament clause 159 of the bill seeks to amend section 282 of the cantonments act to empower the board to make bye-laws in respect of other matters as specified in that clause the important matters in respect of which such bye~laws may be made are listed below:-(a) the enforcem~nt· of compulsory vaccination and inoculation and levy of fees where such vaccination or inoculation ,s ~ at the houses of residents; i" (b) the regulation of any description of ,tramc in the streets and the enforcement of measures for the reduction of noise caused thereby or the prohibition of any description oil such tramc; (c) the form of and the particulars which shall be contained in a development scheme or an improvement scheme and the manner in ,which such scheme shall be framed or altered;  (d) the prescribing of the fee payable for any licence (except as otherwise specifically provided in the act) or for any written permission granted by the board; (e) the regulation of supply of copies of official documents and prescribing the fee payable in respect thereof; (f) the regulation of permission for granting licence for use of loud-speakers and prescribing the fee payable in respect thereof the matters in respect of which rules and bye-laws may be made are generally matters of procedure and of administrative detail and it is not practicable to provide for them in the legislation the delegation of legislative power is, therefore, of ~ norm'al character  annexure extaacrs from the cantonments act, 1924(2 of 1924) - - - - -  chapter iprl:liminary - - - - - deiidtions z in this act, unless there is anything repugnant in the subject or ~~~ i' - - - - - (iia) "boundary walp' means a wall which abuts on a street and which does not exceed eight feet in height; (iii) "brigade area" meads one of the brigade areas, whether occupied by a brigade or not, into which india is for military purposes for the time being divided, and includes for all or any of the' purposes of this act any area which the central government may, by noti-- fication in the official gazette, declare to be a brigade area for such p'll1>ose or purposes; ! - - - - - (vii) "casual vacancy" means a vacancy occurring otherwise than by efflux of time in the office of an elected member of a board; - - - - - - (xii) "executive engineer" means the public works o~cer of that grade, or the officer of the military engineer services of the corresponding grade, having charge of the military works in a cantonment or where more than one such oflicer has charge of the military works in a cantonment s'llch one of those officers as the ofbcer commanding the station may designate in this behalf, and includes the ofbcer of whatever grade in immediate executive engineering charge of a cantonment; i - - - - - (xx) "market" includes any place where persons assemble for the purpose of selling meat, flsh, fruit, vegetable, livestock or any other article of food; (xxa) "military estates officer" means the officer appointed by the central government to perform the duties of the military estates officer under rules made under clauses (a) anl,i (b) of subsection (2) of section 280; (:ui) "military offtcer" means-8 of 1911 1f of 1131 (a) a person who, being an officer within the meaning cf the indian army act, 1911, or the indian air force act, 19s2, is commissioned adc\ in pay as an officer doing military or air force duty with mi __ y or air forces, or is an officer doing such duty in any arm braneh or part of those forces; qr · (b) a person doing military or air force duty as a warrant oftlaer with either of those forces or with any arm branch, or 'part thereof, whether he is or is not an officer within the meanmg of the indian army act; 1911, or the indian air force act, 1932;  80111l if of 1832 (:z:xu) "nuisance" includes any act, omission, plaeeor thing which causes or is likely to cause injury, danger, annqy~ or oftence to the sense of sight, smell or hearing, or which is or ~y ~ dangerous to life or injurious to health or property; - - - •• - (xxiv) "oftlcer commanding the district" mean, the· qtbcer commanding anyone of the districts into which india is for military purposes for the time being divided, or any brigade area which does not form part of any such district, or any area which the celltral government may, by notification in the official gazette, decl&le to be bueh a district for· ell or any of the purposes of this act;  (rxivtji) "officer commanding the station" means the muitary oftlcer ~or the time being in command of the forces in a cantonment, or, if that officer is the officer commandi'1g the district or officer commanding~in-chief, the command, the military officer w;ho would be in command of those forces in the absence of the ofticer com-, ' , ' -manding the district and officer commanding-in-chief, the command; i - -   - (xzxv) "soldier" means a person who is a soldier or airman within the meaning of the army act or tfie air force act, or ia subject to the indian army act, 1911, and who i:; not a military offtcer; - - -  chapter ii dennmon and deliml'tation of cantonmentsdeftdltion of cantonment s (1) the central government may, by notific~tion in the q,ftlcial gazette, r\eclare any place or pl'aces in which any part of the indian army or the indian air force is quartered or which, being in the vic1!1ity ot any such place or places, 'is or are required for the service of such forces to be a cantonment for the purposes of this act ~nd of all other enactments for the time being in force, and may, by a like notl-8catiod, declare that any cantonment shall cease to be a cantonment - - - - -  chapter iii cantonment boaiws boatels10 for every cantonment there shall be a cantonment board and an executive officer - - - - - cantonment board and executive officer appointment of executive officer 12 (1) the executive officer of every cantonment shall be appointed by the central govern'llent, or by such person as the central government may authorise in this behalf, from the military lands and cantonments service constituted by rules made under section 280: provided that where a member of the military lands and cantonments service is not readhy available for such appointment, a military officer may be appointed as the executive officer for a period not exceeding three months: provided further that an executive officer appointed before the com-24 of 1936 mencement of the cantonments (amendment) act, 1936, shall, unless the c~ntral government otherwise directs in any case, be deemed to have been duly appointed in accordance with this suh-section (2) not less than half the cost of the salary of the executive offtcer shall be paid by the central government and the balance from the cantonment fund: 24 of 1936 provided that the salary of an executive officer appointed before the commencement of the cantonments (amendment) act, 1936, shall, until the central government otherwise directs, continue to be paid from the source from which it was being paid at the commencement of the said act (3) the executive officer shall be the secretary of the board and of every committee of the board, but shall not be a member of the board or of any such committee  13 (1)                   -                                   -                                                   -                                                                  -                                                                                  - constitu·· tion of canton-ment boards -     (3) in class i cantonments, the board shall consist of the following members, namely:-                                                                                   i                -                                -                                                -                                                                -                                                                                -           (b) a magistrate of the first class nominated by the district     magistrate;               -                             -                                           -                                                         -                                                                       -    (4) in class ii cantonments, the board shall consist of the following members, namely:-                                                                     ~             -                             -                                            -                                                           -                                                                            -           (b) a magistrate m the first class nominated by the district     magistrate;              -                         -                                      -                                                 -                                                            -                                                                       - u (1) •                    -                                -                                            -                                                        - power to vary cons-titution of boards in special drown-stances    (2) upon the making 'of a declaration under sub-section (1), the board in the cantonment shall consist of                                           the following members, namely:-          -                      -                                -                                           -                                                            (c) one member, not being a person in the service of the gov-ernment, nominated by the officer commanding the 'station           -                      -                                     -                                                 -                                                            -                                                                          ' term of offtce of members 15 (1) save as otherwise provided in this section, the term of office of a member of a board shall be three years and shall commence from the date of the notification of his election or nomination under subsection (7) of section 13, or from the date on which the vacan<:y has occurred in which he is elected or nominated, whichever date is later: provided that the central government may, when satisfied that it is necessary in order to avoid administrative difficulty, extend the term of office of all the elected members df a board by such period, not exceeding one year, as it thinks fit - ,~ - -  (3) the term of office of a member elected to ft11 a casual vacancy shall commence from the date of election, and shall continue so long only as the member in whose place he is elected would have been entitled to hold office if the vacancy had· not occurred, - - - - - 18 (1)    - - - filline of vacancies (2) a casual vacancy shall be filled by a casual election the date of which shall be fixed by the central government by notification in the official gazette, and shall be, as soon as may be, after the occurrence of the vacancy: pro~ded that no casual election shall be held to fill a vacancy occurring within three months of any date on which tne vacancy will occur by' efflux of time, but such vacancy shall be filled at the next ordinary election 17 (1) - - - - - vacancies in 8i)eclal cases (3) for the pui1poses of sub-section (2) of section 16, a member nominated in pursuance of sub-section (2) o'f this section shall, where there has been a division of the cantonment into wards or of the inhabi-- tants thereof into classes, be deemed to have been elected by such ward or class: as the case' may be, as the central government 'may at the time of making the nomination or at any time thereafter declare  - - -  tion ii (1) every person who is by virtue of his oflice, or who is nom!-bated or elected to be, a member of a board shall, before taking his seat, make 6t a meeting of the board an oath or affirmation of his allegiance to the cortstitution of india in the following fonn, namely:-become -------been elected "i, a b, having a member been nominated of this board, do solemnly swear (or afrrm) that i will be faithful and bear true allegiance to the constitution of india as by law established, and that i will faithfully discharge the duty upon which i am about to enter" (2) if any such person fails to make the oath or aftlrmation within such time as the central government considers reasonable, the central government shall, by notification in the official gazet~e, declare his seat to be vacant 19 (1) any nominated or elected member of a board who wishell to resign-resign his office may forward his resignation in writing through the, tion president of the board to the officer commanding-in-chief, the command, who shall forward it for orders to the central government (2) if the central government accepts the resignation, such acceptance shall be communicated to the board, and thereupon the seat of the member resigning shall become vacant 20 (1) the officer commanding the station if a member of the board shall be the presid~t of the board: president and vice-presidert provided that when a military officer holding the oftlce of president ceases to be the oftlcer commanding the station merely by reason of a temporary absence from the station on -duty or on station leave, or during the transfer of his headquarters to a hill station, he shall not vacate the office of president '" '" '" '" '" 21 (1) the term of office of a vice-presklent shall be three yean term of or the residue of his term of office as a member, whichever is less office of vice-pre-' sident '" - - '" duties ot  president 22 (1) it shall be the duty of the president of every board-- - '" - (b) to exercise supervision and control over the financial and executive administration of the' ,board; - "'  - duties lilt the executive offtcer 14 the· executive officer shall perform all the a~ties imposed upon him by or under this act, and shall be responsible for the custody of all the records of the board, and shall arrange for the performance of such duties relative to the proceedings of the board or of any committee at the board or of any committee of arbitration constituted under this act, as those bodies may respectively impose on him, and shall comply with every requisition of the board, on any matter pertaining to th administration of the cantonment - - - - - qualifu:a-\ion for hein, a  ber ot the board %8 (1) save as hereinafter provided, every person, not being a person in receipt of pay in the military or civil service of government, whose name is entered on the electoral roll of a cantonment shall be qualified for election as a member of the board in that cantonment - - - - - (2) no person shall be qualified for election or nomination as a member of a board, if he-- - - - - (dd) is an offtcer or servant, permanent or temporary, of - board; or i - - - - - provided that-- - - - - (ii) a person shall not be deemed to have any interest in such a contract or work as is referred to in clause (d) by reason only ot  his having a share or interest in-- - - - - (d) the sale to the board of any articles in which m-regularly trades or the purchase from the board of any articles, to a value in either case not exceeding rs 1,500 in the aggregate in any year during the period of the contract or work 21 for the purposes of sections 26, 27 and 28-interprettim1 (a) "person" means an individual human being, and    -                    -                                   -                                                   -                                                                   -    31 the central government may, either generally or ~pecially for-any cantonment or group of cantonments, after previous publication  power to dlake rules re-gulating election • ~ake, rules consistent with this act to regulate all or any of the follow- ing matters for the purpose ~f the holding of elections under this act~ namely:-         -                     -                                -                                           -                                                      -  membersmembera not to vote on matter in which he is interested 32 no member of a board shall vote at a meeting of the board or of any committee of the board on any question relating to his own conduct or on any matter, ether than a matter affecting generally the inhahitants 01 the cantonment, which affects his own pecuniary interest or the valuation of any property in respect of which he is directly or indirectly interested, or i)f any property of or for which he is a manager or agent liability of mepthers 33 every member of a board shall be liable for the loss, waste or misapplication of any money or other property belonging to the board if such loss, waste or misapplication is a direct consequence of his neglect or misconduct while such member; and a suit for compensation for the same may be instituted ngainst him either by the board or by the central government 34 (1) - - - - - removal of members (2a) the central government may, on receipt of a report from the officer commanding the station, through the officer commanding-in-chief, the command, remove from a board any military officer nominated a member of the board who is, in the opinion of the officer' commanding the station, unable to discharge his duties as member of the board and has failed to resign his office - - - - -  servants36 (1) - - - - - dilqualifleation 0'1 person all servant of board, (of) every person applying for employment as a servant of a board shan if he is related by blood or marriage to any member of the board or to any person, not being a menial servant, in receipt of remuneration from the board, notify the fact and the nature of such relationship to the appointing authority before the appointment is made, and i1 he bas failed to do so, his appointment shall be invalid but without prejudice to the validity of anything previously done by him  - - - - - quorum 39 (1) - - - - - (2) if a quorum is not present, the president shall adjourn the meeting and the business which would have been brought before the origin'81 meeting if there had been a quorum present thereat shall be brought before, and may be transacted at, an adjourned meeting, whether there ~ a quorum present or not 41 (1) minutes of the proceedings of each meeting shall be recorded - a book and shall be signed by the president before the close of the meeting, and shall, at sllch times and in such place as may be fixed by the board, be open to inspection free of charge by any inhabitant of the cantonment (2) copies of the minutes shall, as soon as possible after each meeting, be forwarded for information to the officer commanding-in-chief, the command, the officer commanding the district, the officer commanding the brigade area, the district magistrate and the military estates officer meeunp to be public 42 every meeting of a board shall be open to the public unless in any cue the president, for reasons to be recorded in the minutes, otherwise dir~ts 43 (1) - - - - - method 01 decidinl questions (2) in the case of an equality of votes, the president shall have a cond or casting vote, - - - - - 44 (1) - - - - - poewer to make regulations joint action with other loc&~ authority (3) no regulation made under this section shall take effect until it has been published in such manner as the central government may direct: a; (1) a board may-- - - - - (b) with the previous sanction of the officer commanding-in-chief, the command and the state government concerned, enter into an agreement with any other local authority regarding the levy of any tax or toll whereby the said tax or toll respectively leviable by the board and by such other local authority may be levied together instead of separately within the limits of the aggregateirea comprising the areas subject to the control of the lijoard and such ~her local authority - - - - - (3) when any agreement such as is referred to in clause (b) of sub-cuon (1) has been entered into, then-(a) where the agreement relates to an octroi or ~ina1 tax or toll, the other local authority with which the board has made such agreement shall have the same powers to establish octroi limits and octroi stations and olace!; for the collection of the terminal tax land terminal toll within4 the cantonment, 'as it has within the area ordinarily subject to its cont~l;  (b) such other local authority shall have the same power of·· collecting ·such tax or· toll in the cantonment, and the pr()vibioo8o'f any enactment in force relating to the levy of· lj\leh·tax·-or toll by mlch oth,er local authority shall apply in the same manner, as if the cantonment were comprised with'n the area ardinarily s'ilbject to its control j and - - - -  control46 the central government may at any time require a board-(a) to produce any record, correspondence, plan or other document in its possession or under its control; (b) to furnish any return, plan, estimate, statement, account or statistics relating to its proceedings, duties or works; power of central govern· ment to require production of documents (c) to fumish or obtain and furnish any report inspection 47 the centra~ government or the officer commanding-in-cbief, the command, may depute any person in the service of the government to inspect or examine any department of the office of, or any service or work undertaken by, or thing belonging to, a board, and to report thereon, and the board and its officers and servants shall be bound to afford the person so deputed access at all reasonable times to the premises and property of the board and to all records, accounts and other documents the inspection of which he may consider necessary to enable him to discharge his duties power to 48 the officer commanding-in-chief, the command, nay, by order in writing,-~all for aocuments (a) call for any book or document in the possession or under the control of the board; (b) require the board to furnish such statements, accounts, reports and copies of documents relating to its proceedings, duties or works as he thinks fit      power to override decision cjf board 51 (1) if the president dissents from any decision of the board, which he considers prejudicial to the health, welfare or discipline of the troops in the cantonme~t, he may, for reasons to be recorded in the minutes, by order in writing, direct the suspension of action thereon for any period not exceeding one month and, if he does so, shall forthwith refer the matter to the officer commanding-in-chief, the command, the reference being made, save in cases where the officer commanding the district is himself the officer commanding-in-chief, the command, for the p'llrposes of this act, through the officer commanding the district, who may make such recommendations thereon as he thinks fit      chapter iv  spiritijous liquors and intoxicating drugsunauthorised saleot spiri tuolll liquor or intoxicat-ing drug 56 if within a cantonment, or within such limits adjoining a cantonment as the central government may, by notification in the official gazette, define, any person not subject to military or air-torce law or any person subject to military or air-force law otherwise than as a military officer or a soldier knowingly barters, sells or supplies, or offers or attempts to barter, sell or supply, any spirituous liquor or intoxicating drug to 'or for the use of any soldier or follower or soldier's wife <?f minor child without the written permission of the officer commanding the 1ttation or of some person authorised by the oftlcer commanding the itation to grant such permission, he shall he punishable with fine which may extend to one hundred rupees, or with imprisonment for a term which may extend to three months, or with both 57 if within a cantonment, or within any limits defined under section 56,-(a) any person subject to military or air-force law otherwise ~han as a military officer or a soldier, or unauthorised possession of spirituous liquor (b) the wife or servant of any such person or of a soldier, has in hi!'; or her possession, except on behalf of the central government ot for the private use of a military officer, more than one quart of any srjrituol1s liquor, other than fermented malt-liquor, without the written permission of the officer comma\lding the station or of some person authorised by the officer commanding the station to grant guch permission, he or she shall be punishable, in the case of a first offence, with ftne which may extend to fifty rupees, and, in the case of a subsequent offence, with imprisonment for a term which may extend to three months, or with fine which may extend to one hundred rupees ;ts (1) any police officer or excise officer may, without an order from a magistrate and without a warrant, arrest any person whom he finds committing an offence under section 56 or section 57, and may seize lind detain any spirituous liquor or intoxicating drug in respect of which such an offence has been committed and any vessels or coveringo~ in which the liquor or drug is contained arrest of persons and seizure and confiscation of things for offeneea apinst the two iast foregoing sections (2) where a person accused of an offence under section 56 has been previously convicted of an offence under that section, an officer in charge of a police station may, with the written permission of a magistrate, seize and detain any spirituous liquor or intoxicating drug within the cantonment or within any limits defined under that section which, at the time (if the alleged commission of the subsequent offence, belonged to, or was in the possession of guch person - - - - - (4) subject to the provisions of chapter xliii of the code of criminal procedure, 1898, anything, seized under sub-sect!on (1) or sub-section 5 of 1898 (2) and not confiscated under sub-section (3) shall be reatored to the person from whom it was taken - - - - -  chapter v taxation imposition of taxation60 (1) - - - - - ge~ral power of taxation (2) any tax' imposed under this section shall take effect from the date of its notification in the oftlclal gazette - - - - - objectlw and disposal thereot 62 (1) any inhabitant of the cantonment may, within thirty ct8yi from the publication of the notice under section 61, submit to the board an objection in writirlg to all or any of the proposals contained therein and the board shall take any objection into consideration and pass orders thereon by special resolution '(2) if the board decides to modify its propqsals or m:ay of them, it shall re-publish the modified proposals in the manner provided by section 61 indicating that the proposals are in modification of the proposals previously published; and ,the provisions of sub-section (1) of this section shall apply to such modified proposals (3) when the board has finally settled the proposals, it shall submit t1iem along with the objections, if any, made in connection therewith to the central government through the officer commanding-in-chief, the command  86 when a tax assessed on the annual value of buildings or lands or both is imposed  the board shall cause an assessment list of all build-idas or lands in the cantonment, or df both, as the case may be, to be prepared in such form as the central government may by rule prescribe " ' , publlcation of ~ ment hat 67 when the assessment list has been prepared, the board shall give public notice thereof, and of the place where the list or a copy thereof may be inspected, and every person claiming to be the owner, lessee or oeeupier of any property included in the list, and any authorised agaat of such person, shall be at liberty to inspect the list and to make extracts therefrom free of charge revisioza  uiej8-ment uat 68 (1) the board shall, at the same time, give public notice of a date, not less than one month thereafter, when it will proceed to consider the valuations and assessments entered in the assessment list, altd, in all cases in which any property is 'for the first time assessed or the useasment is increased, it shall also give written notice thereot to the owner and to any lessee or occupier of the property (2) any objection to a valuation 01' assessment shall be made in writing to the board before the date fbred in the notice, and shall state in what respect the valuation or assessment is disputed, and all objections so made shall be recorded in a register to be kept for the purpose by the board· i ~'  ~'~' , •• - - - - p~,,- 7,1 n board shall px:e~e a dew: a~t jist at l~as~once in every ,th,teeyears, 8lld tor this purpose the provisions of 6ections 66 to 71 s}liui apply in l~e manner as, they apply for the purpose of the ppp~ra­tl~ of, rm, lls8~ent li$t for the first time ti~'ot new a~ menllist -  -  -  -  -  -  '1"  (l)  -  -  -  -  - notice of eree& of buildinss (2) any person failing to give the notice required by sub-section (1) ~ be ,pwushable w·ith· fbie wjsieh may extend to fifty ~ orten t,bn, the amount, of th~ t;ax payable on the said 'buildipgs, as erected or ~ted,  as the case may be, in res~ct of a period of ,thl'$e months, whichever is greater , " -- - remission and refund '7~ if any building is' wholly or partly demolished or destroyed or o~ depriveq of va41el the board m83", on the application in wtitinj of, ~,"own" or occupler, remit or refund such portion of any ~xasses8ed; oil the annlw valu~ tbol'eqf as it thinks fit, demou-tion, etc, fb~  7s in a cantonment when any building or land has remained vacant and unproductive of rent for sixty or more consecutive days the board  hall remit or refund, as the case may be, such porticm of any tax assessed on the annual value thereof as may be proportionate to the number of days during which the said building or land has remained vacant and unproductive fit rent: provided that in any cantonment which the central government, by notification, in the official gazette, has declared to be °a hill cantonment and ini respect of which the central government by the same or a like notification has declared a portion of the year to be the season for the cantonment, when any building or land is leased for occupation through tjle season only, but the rent charged is the full animal rent, no remisslon or refund shall be admissible under this section in respect of any time outside the season nuring which the building or land remains vacant, but in respect 01 any time, not being less than sbcty consecutive days during whjch withjn the season such building or land has remained vacant and unproductive of rent, the board shall remit or refund such pql'tion of any tax assessed on the annual value thereof as bears to the whol~ of the tax so assessed the same prop'lrtion as the number of nays during whkh the building or land has remained vacant and unproductive of rent bc!ars to the total length of the season: power to require entry in assessment list of details ot buildinp "17 for the purpose of obtaining a partial remission or refund of tax, the owner of a buuding composed of separate tenements may request the board, at the time of the assessment of the building, to enter in the assessment list, in ar\'dition to the annual value of the whole buudijig, a note recording in detail the annual value of each separate tenement when any tenement, the annual value of which has been thus separately recorded, has remained vacant and unproductive of rent for sixty or more consecutive days sueh portion of any tax assessed, on the 81\ilua! value of the whole building shall be remit~d or refunr\ed as w01,jld have been remitted or refunded if the tenement had been' separately assessed notice to be given of the c1rcumstences in  which re- mission or refund is claimed 71a no remission or refund under section 76 or section 77 shall be made unless notice in writing of the faet that the building, lanrt or tenement' has become vacant and unproductive of rent ha~ been gt~e~ to the board, ahd no remission or refund shall take effect in respect of any period commencing more than fifteen -days before the dehvery of such notice - - - - 79 (1) - - - - - notice to be given c1f every occupation of vacant buildinl or house (2) any owner failing to give the nouce required by sub-section (1) shan be punishable with fine which shall not 'be less th8n twice the amount of the tax payable on such building, tenemerit or lanrl in r~pect of the period during which it has been re-occupied arid which 1'i1'8y extend to fifty rupees, or to ten times the amount of the said tax, whichever sum is greater - - - - - octroi termww tax ond ton - - - - , evasion ot octroi or terminal tax 82 (1) any person who takes or attempts to t~e past any octroi station or any other place appoirited within a cantorimentfor the collection of octroi, terminal tax or toll anygt>ods, vehicles or anim&1s, on account of which octroi, terminal tax or toll is leviable and th~eby evades, or attempts to evade, the payil'ient of such octroi, terminal fax or tolla and any person who abets ally such evasion or attempt at ev~on, ~hall -de punishable with fine which may exte:qd ,either to ten times the value of such octroi, terminal tax or toll, or to fifty rupees, whichever - greater ajid which shall not be less than twice the value o'f such octroi, ternunal tax or-toll, as the case may be - - - - - (3) the board, after the lapse of five days from the setztire, ansi after the issue of a notice in writing to the person in whose possession the goods, vehicles or animals wer"e at the time of seizure, fixing the tinu:: t:ind place of sale, may cause the property so seized, or so much thereof as may be necessary, to be sold by auction to satisfy the demanrl and ~ ~x'­penses occasioned by the seizure, custody and sale thereof, uniesi the demand and expenses are in the meantime paid: provided that the executive officer may, in any case, order that any article of a perishable nature which cannot be kept for five days without serious risk of damage, or which cannot be kept save at a cost which, together with the amount of octrio, terminal  tax or tol, is likely to exceed its value, shall be sold after the lapse of such shorter time as he may, having regard to the nature of the article, think proper(5) the surplus, if any, of the sale-proceeds shall be credited to the cantonment fund, and shall, on application made to the board within one year after the sale, be paid to the person in whose possession the property was at the time of seizure, and, if no such application is made, shall be the property of the board leae of octroi ' terminal taxartou 83 it shall be lawful for the board, with the previous sanction of the officer commanding-in-chief, the command, to lease the ~ouectiod of any octroi, terminal tax or toll for any period not exceeding one year; and the lessee and all persons employed by him in the management and collection of the octroi, terminal tax or toll shall, in respect thereof,-(a) be bound by any orders made by the board for thejr guidance; (b) have such powers exercisable by officers or servants of the board under this act as the board may confer upon them; and (c) be entitled to the same remedies and be subject to the same responsibilities as if they were employed by the board for the management and colledion of the octroi, terminal tax or toll, as the case may be: provided that no article distrained may be sold except under the orders of the board appeals 84 (1) an appeal against the assessment or levy of, or against the refusal to refund, any tax under this act shall lie to the district maglstrate or to such other officer as may be empowered by the central government in this behalf: provided that, where the person to whom the appeal would ordinarily lie is, or was when the tax was imposed, a member of ' the board, the appeal shall lie to the commissioner of the division, or, in a state' where there are no commissioners, to the district judge (2) if, on the hearing of an appeal under this section, any question as to the liability t6, or the principle of assessment of, a tax ~ises on which the officer hearing the appeal entertains reasonable doubt, he may, either of his own motion or on the application df the app,e1lant, draw up a statement of the facts of the case and the point on which doubt is entertained, and refer the statement with his own opinion on the point for the decision of the high court  (3) on a reference being made under sub-section (2), the subsequent proceedings in the case shall be, as nearly as may be in conformity with the rules relating to references to the high court' contained in order xlvi of the first schedule to the code of civil procedure, 1908 85 in every appeal the coita shall be in the discretion of the ofbcer hearing the appeal "  , -"iuili:  - ·l_~ " recover; of costs from board  if the board tails to pay any costa awarded to an appellant within ten days after the date of the order for payment thereof, the officer awarding the costs may order the person having the custody of the balance of the cantonment fund to pay the amount w, no appeal shall be heard or determined under this chapter conditions unless--of right to appeal (a) the appeal is, in the case of a tax assessed on tlie -annual value of buildings or lands or both, brought within thirty days next after the date of the authentication cit the assessment list under section 69 (exclusive of the time requisite for qbtaining a copy of the -relevant entries therein), or, as the case may be, within thirty day~ of the date on which an amendment is finally made under section 71, and, in the case of any other tax, within thirty days next after the date of the receipt of the notice of assessment or of alteration of assessment or, if no notice has been given, within thirty days next after the date of the presentatioll of the first bill in respect thereof:' provided that an appeal may be admitted after the expiration of - the period prescribed therefor by this section if the appellant satisfies the court before whom the appeal is preferred that he had suttlcient cause for not preferring it within that period; - - - - - 88 the order of an appellate authority confirming, setting aside or fi!lality of modifying an order in respect of any valuation or assessment or liabfiity appellate to assessmen~ or taxation shall be final: orders provided that it shall be lawful for the appellate authority, upon appu-cation or on its own motion, to review any order passed by it in appeal if application in this behalf is made within three months from the date of the original order  payment and recow7'y of ta:x:es - • - • •'1 (1) - - - - - notice of demand (2) for every notice of demand which the executive officer causes to be served on any person under this section, a tee of such amount dot exceeding 'one rupee, as shall in each case be fixed by the executive officer, shall be payable by the said person and shall b~ included in the costs of recovery 92 (1) if the person liable for the payment of any tax does not, recover)' within thirty days from the service of the notice cit demand, pay the of tax amount due, or show sufficient cause for non-payment of the same to the satisfaction of the executive officer, such sum, with all costs of recovery, may be recovered under a warrant, issued in the form set forth in scbedule ii, by distress and sale of the movable property of the defaulter: provided that the executive offioor shall not recover any sum the liabflltyfor which has been remitted on appeal tinder this chapter  - -    94 (1) - -    disposal of·  tralried property (3) the surplus of the sale-proceeds, if any, shall forthwith be credit ed to the cantonment fund, and notice of such credit shall be given at the same 'time to the person tram who~ possession t~e property was taken, and, if the same is claimed by written application to the board within one year from the date of the notice,' a refund thereof ~hal1 be made to stich person any surplus not claimed within one year as aforesaid shall be the property of the board (4) for every distraint made under this chapter a fee of such amount, n~t exceeding one rupee, as shall in each case be fixed by the executive officer shall be charged, and the said fee shall be included in the costs of recovery 'is (1) if the executive ofbcer has reason to believe that any person from whom any sum' is due or is about to become due on account of any tax is about to remove from the cantonment, he may nireet the iminediate payment by such person of the sum so due or about to become due, and cause a bill for the same to be served on such person recovery from a person about to leave cantonment (2) if, on the service of such bill, such person does not forthwith pay the sum so due or about to become due, the amount shall be leviable by distress and sale in the manner hereinbefore provided in this chapter, except that it shall not be necessary to serve upon the defaulter any notice of demand and the warrant for distress and sale may be issued and executedmthout any delay power to inltitute suit tor recovery 96 instead of proceeding against a defaulter by distress and sale all hereinbefore provided in this chapter, or after a defaulter has been so proceeded against unsuccessfully or with only partial success, any sum due or the balance of any sum due, as the case may be, from such defaulter on account of a tax may be recovered from him by a suit in any court of competent jurisdiction  special provisions relating to t~4tioft -  -  - 99 (1) -  -  - exemption in the case of bulldinp (2) the following buildings and lands sfuill be exempt from any tax on property other than a fax imposed to cover the cost of specific services rendered by the board, namely:-- -  - -  (f) any buildings or lands, used or acquired for the public servlee or for any' public purpose, which are the property of the govemment or in the occupation of the 'central or any stllte govemmint - - - - - 102 a board may write off any sum due on account of any tax irretover--rat or of the costa of recovering any tax or rate if such sum if, able debt  in its opinion, irrecoverable: provided that, where the sum written off in favour of anyone person exceeds fifty rupees, tlle sanction of the ofti<:~ commanding'-in-chief, the command, shall be first obtained  103 (1) the executive officer may, by written notice, call upon any lqhabj~ilt of the cap,tonment to furnish such information as may be necessary for the purpose of ascertaining-obliiation to dis· clqse liability (a) whether such inhabitant is liable to pay any tax imposed under this act; - - - - - (?) if any person, when called upon under sub-section (1) to furnish information, neglects to furnish it within the period specified in this behalf by the executive officer or furnishes information which is not true to the best of his knowledge or belief, he s11411 be punishable w:th fu)e which may extend to one hundred rupees and shall also be llame to be asseseed at such amount on account of tax as the board may deem proper and the assessment so made shall, subject to the provisions o~ this act, be 8nal  -- - - - distraint not to be inval14 by reason ofimma- terial detect 105 no distress levied under this chapter shall be deemed unlawful, nor shall any person making the same be deemed a trespasser, on account only of any defect of form in the notice of demand, warrant of distress or other proceeding relating thereto; nor shall any such person be deemed a trespasser ab initio on account of any irregularity afterward committed by him; but any person who sustains any special damage by reason of any such irregularity shall be entitled to recover compensation for the same by suit in a' court of competent jurisdiction  chapter vi cahtojlmjiint ftmd and propbb'l'1'   cantonment fund -           -                      -                                 - - custody of can-tonment fund    107 (1) where in or near a cantonment there is a government trea-sui)' or sub-treasury or a branch of the imperial bank of india, the cantonment fl:lnd shall be kept in such treasury, sub-treasury or bank, as the case may be    (2) where there is no such treasury, s'ub-treasury or ban~ ,lhe can-tonment fund may be deposited with any bank to which the government treasury business has been entrusted, 3lld, in the absence of such a bank, with any banker or person acting as a banker who has given such security for the safe custody of the fund and the payment on demand of the funds so deposited as the central government may in each case direct           -                      -                                 -                                             -                                                        - (4) the income resulting from any fixed deposit or from any 8ucli security as is referred to in wh-section (s) or from the proceeds of the sale of any such security shall be credited·to the cantonment fund property - - - - - application of cantonmlltlt fun4 and property lot the cantonment fund and all property vested in a board shall be applied for the purposes, whether express or implied, for which, by or under this act or any other law for the time being in force, powers are conferred or duties or obligations are imposed upon the board: provided -ttlat the board shall not incur any expenditure for acquir-ing or renting land beyond the limits of the cantonment or for conatructlng any work beyond such limits except-(4) with the sanction of the central government, and (b) on such terms and conditions as the central government may impose: provided, further that priority shall be given in the order hereinafter set forth to the following liabilities and obligations of a board, that is to say,-; - - - - - (d) to the payment of such expenses on account of pauper lunatics sent from the cantonment to public lunatic asyl'limk and mental hospitals as the central government directs the board to pay; and - - - - -  c~vii contracts •- - • - - sancticm 113  (1) every contract-- - - - - (b) which involves a value or amount exceeding two hundre4 ro~es, ' shall require the sanction of the board - - - - - execution of contract  114 (1) every contract made by or on behalf of a board the value or amount of wbich exceeds one hu~dred rupees, shall be in writing, and every such contract shall be signed by two members, of whom the president or the vice-president shall be one, and be countersigned by the'executive officer and be sealed with the common seal of the board: 1 provided that the exec'utive officer may in a case of urgency, with  the previous sanction of the president of the board, execute on behalf of the board any contract the value or amount of which does not exceed five hunlh'~d rupees - -  chapter liii dvtms and discretionary funlctions of boardsu8 it shall be the duty of every board, so far as the funds at ita duties of disposal permit, to make reasonable provision within the cantonmel1t board 18r--    - (h) constructing, altering and maintaining streets, culverts, markets, slaughter-houses, latrines, privies, urinals, drains, drain works and sewerage works; - - - - - (l) establishing and maintaining a system of public vaccination; (m) establishing and maintaining or supporting public hospitala and dispensaries, and providing public medical relief; (n) establishing and maintaining or assisting primary schools; - -   (p) maintaining and developing the value of property vested in, or entrusted to the management of, the board; and discretionary functions of board -  - - - - 117 (1) a board may, within the cantonment, make provision for-- - - - - (d) furthering educational objects by measures other than the establishment and maintenanee of primary schools; - - - - (g) giving relief on the occurrence of local epidemics by the establishment or maintenance of relief works or otherwise; - -   - (j) constructing, subsidising ~r guaranteeing tramways or other means of locomotion, and electric lighting or electric power works; or - - - - chapter ix  public safety and supressjon of nuisancesgeneral nuisances 111 (1) whoever-penalty for causing nuisances (0) in any street or other public place within a cantonment,-- - - - - (viii) pickets animals, or collects carts; or - - - - - (zv) carries night-soil or other offensive matter or rubbiah at any hour prohibited by the board by public notice, or in ,any pattern of cart or receptacle which has not been approved for the pujlpose by the board, or fails to close such cart or receptacle when in use; or (b) carries night-soil or" other offensive matter or rubbish alq any route in contravention of any prohibition made in this behalf by the board by public notice; or - - - - (g) at any time or place at which the same has been prohibited by the board by public or special notice, beati a drum or tomtom, or blows a hom or trumpet, or beats any utensil: or sounds an, braas or other instrument, or plays any music; or (h) disturbs the public peace or order by singing, screaming or shouting; or - - - - - (k) save with the written permission of the board and in such ld8illler as it may authorise, stores or uses night-soil, manure, rubbish or any other substance emitting an offensive smell; or - - - - - thall be punishable with fine which may extend to futy rupees - - - - - (3) the owner or keeper of any animal found picketeci or straying wuhout a keeper in a street or other public place in a cantonment shill be punishable with fine which may extend to twenty rupees - - - - -  dogs119 (1) - - - - - (2) such bye-laws shalll\e,wtration and control of do,s, (a) require the reg~tration, by the officer commanding _ch military unit, of all dogs kept in the lines occupied by that unit; - - - - - and may provide for such other matters as the board thinks fit (3) a board may-(a) cause to be destroyed, or to be confined for such period u it may direct, any dog or other animal which is, or is reasonably suspected to be, suffering from rabies, or which has been bitted '" any dog or other animal suffering or s'uspected to be suffering from rabies; - - - - -  prevention of fire, etc121 (1) - - - - - uae of idftammdle materlala for buildin,p'ii"" poe  (z) a board may, by notice in writing, require the owner of any building in the cantonment which has an external roof or wall made of any such material as aforesaid to remove such roof or wall within such time as may be specified in the notice, 'notwithstanding that a publlc notice under s'ub-section (1) has not been issuci or that such roof or wall was made with the eonllent of the board or before the issue of sueil publlr notice: provided that, in the case of any such roof or wall in exi8tenc~ before the issue of such a public notice or made with the consent of the board, that authority shall make compensation, not exceeding the original cost of constructing the roof or wall, for any damage caused by the reil'o,a1 - - - - - care of naked  lights 123 no person shall set a naked light on or near any building in any street or other public place in a cantonmenf in such manner as to ('ruse danger of fire: provided that nothing in thi/> section shall be deemed to prohibit the use, subject to the permission in writing of the board, of lights for purposes of illumination on the occasion of a festival or public or privat,e entertainment  2011918 l24 (1) notwithstanding anything contained in the cinematograph act 1918- no exhibition of pictures or other optical effects by means of a cinematograph or other like apparatus for the purpose of which inflammable films are used and no public dramatic performanc e or pantomime, shall be given in any cantonment elsewhere than in premises for which a licence has been granted by the board under this section re,ulation of cinemato graphic and dramatic  performances (2) if the owner of a cinematograph or other apparatus uses the apparatus or allows it to be used, or if any person takes any part in any public dramatic per'formance or pantomime in contravention of the provisions of this section, or if the occupier of anv nremises allows them to be used in contravention of the provisions of this section or of any condition of anv licence j!tanted under this section he shall he punishable with fine which may extend to two hundred rupees ~md in the ca~f'! of a continuin,:! offence with an additional fine which may extend t" ftfty rupees for each day after the first during which the offence continues (,'1) nothin~ in thic; spction shall be deemed to prohibit thf! !riviop 01 any exhibition or any dramlltic neriol'mance or p!lntomime in any tne!ltre or institute which is the propertv of the government where the exhibition, performance or pantomime is held with the permission and under the cnntrol of the military authorities discherlin, ure· works fire-arms, etc: 125 whoever in a cantonment discharges any ftre-lirm or lets off firework!! or ftre-balloons or engagf!03 in any game in such manner rs to ('a use or to he likely to cause dan,:!er to persons pllssing by or dwelling or wcrkin't in the neighbourhood or risk of injury to property shall be liable to fine which may extend tt) ftfty rupees  - - - - -  chapl'er x sanjtatron and the prj!vp:ntjon and treatment 0'" disean: sa:l1iitary authoritiesreaponai bihty for sanitation lz8 the following officers shall, for the purposes of sanitation have control over find be responsibje for maintaining in a sanitarv condition ttiotle parts of a cantonment respectively which are specifled in tb~ ease df each, that is to say:-(a) the officer commanding the station-au buf1din~ and lands which are occupied or used for military purpole':  (b) the officer commanding the air-forces in the cantonment-u· buildings and lands which are occupied or used for air-force purpose; (c) the head of any civil department or railway administration occupying as such any part of the cantonment-all buildings and lands in his charge as head of that department or administration      conservancy and sanitation - - - - - 131 (1) on the application or with the consent of the occupier of any building or land, or, where the occupier of any building or land fails to make arrangements to the satisfaction of the board for the matters referred in this section, without such consent, and after giving notice in writing to the occupier, a board may undertake the house scavenging of 'any building or land in the cantonment for such period as it thinks fit on such terms as it may prescribe in this behalf power of board to undertake private coll8eryancy arrange ments deposit and dispoaal of rubbish, etc -~ cesspools, receptaclesfor filth etc (2) where the board has undertaken the duties referred to in this section, all matter removed in the performance of such duties shall be the property of that board (3) for the purposes of this section, "house scavenging" means the removal of filth or rubbish or other offensive matter from a privy, latrine, urinal, drain, cesspool, or other common receptacle for such matter 131 (1) til - til -  (2) the board may, by public notice, issue directions as to the time at which, the manner in which, and the conditions subject to which, any matter referred to in sub-section (1) may be removed along a street or may be deposited or otherwise disposed of     - - 133 the executive officer of any cantonment may, by notice in writing,-(a) require any i?erson having the control wheth~r as owner, lessee or occupier of any land or building in the ,cantonment-•• - - - - (iv) to collect and deposit for removal by the conservancy establishment of the board, within such time and in such receptacle or place situate ft not more than one hundred feet from the nearest boundary of the premises, '8s may be specified in the notice, any offensive matter or rubbish which such person has allowed to accumulate or remain under, in or on such building or land; or - - - - - fitting up o'ftank, etc 134 (1) - til - - - (2) the board may if it thinks fit with the previous sanction of the officer commanding-in-chief, the command, meet the whole or any portion of the expenses incurred in complying with a requisition under sub-section (1) provision of latrines, etc 135 a board may, by notice in writing, require the owner or lessee of any building or land in the cantonment to provide, in such manner aamay be specified in the notice, any latrine, urinal, cesspool,dustbin or other receptacle for filth sewage, or rubbish, or any additional latrine, uri:q81, cesspool or other receptacle as aforesaid, which should, in its opinion, be provided for the building or land sanitation in factories, etc 136 every person employing, whether on behalf of the government or otherwise, more than ten' workmen or labourers, and every person managing or having control of a market, school, theatre or other place of public, resort, in a cantonment shall give notice of the fact to the board, and shall provide such latrines and urinals, and shall employ such number of sweepe1'll, as the board thinks fit, and shall cause the latrines and urinals to he kept cleap and in proper order: 12 of 1911 provided that nothing in this sectwn shall apply in the case of a factory to which the indian factories act, 1911, applies      | 139 (1)    ||-------------||          ||          ||          ||          || over-       || crowding    || of dwel-    || ling        || houses     |(2) any person who fails, without reasonable cause, to comply with a requisition made upon him under sub-section (1) shall be punishable with fine which may extend to fifty rupees, and, in the case of a continuing oft'ence, to an additional fine which may extend to five rupees for every day after the first during which the failure has continued      power to require land or building to be cleansed !fl (1) the executive officer may, by notice in writing, require the owner, lessee or occupier of any building or land in the cantonment, which appears to him to be in a filthy or insanitary state, within twentyfour hours to cleanse the same or otherwise put it in a proper state, in such manner as may be specified in the notice (2) if, withi1\ fhree months from the date of the service of a notice under sub-section (1), any building or land in respect of which the notice was issued is again in a filthy or insanitary state, the owner, lessee or occupier, as the case may be, shall be punishable with fine which may extend to two hundred rupees    - -  removal of noxious vegetation 143 a board may, by notice in writing, require the owner, lessee, or occupier of any land in the cantonment to clear away and remove any thick or hoxious vegetation or undergrowth, which appears to it to be -injurious to health or offensive to persons residing in the neighbourhood   -    burial and burning grounds145 a board may, by notice in writing, require the owner or person in charge of any burial or burning ground in the cantonment to supply such information as may be specified in the notice concerning the condit~on, management or position of such ground     - - | power    ||----------|| call     || for      || intonna- || tion     || re-      || ~        || burial   || and      || burn-    || ing      || groundb | prevention of infectious or contagious diseasesobligation to give information of intectioue or conta liouadlaeaa 150 any person, being in charge of, or in attendance, whether as a medical practitioner or otherwise, upon any person in a cantonment whom he knows or has reason to believe to be suffering from a cdhtagious or infectious disease or being the owner, lessee or occupier of any building in k cantonment in which he knows that any such person is so suffering, shall, if he fails to give information, or if he gives false information, to the board respecting the existence of such disease,be punishable with fine which may extend to one hundred rupees; provided that no person shan be punishable under this section for failure to give information if he had reasonable cause to believe that the information had alreaciy been duly given: provided; further, that this section shall'not awly in the cas,:! of venereal disease where the person suffering therefrom il under specific and adequate medical treatment and is, by reason of his habits and conditions of life and residence, unlikely to spread the disease  - - - - penalty torfauure to report 159 whoever fails to make to the executive officer any report which he is required to make by section 157 or section 158, shall be punishable with fine which may extead to one hundred rupees - - - , disinfection of building before lettui, the same 164 (1) where in a cantonment any building or part of a building is intended to be let in which any person has, within the six weeks immediately preceding, been suffering from an infectious or contagious disease, the person letting the building or part shall before doing so disinfect the same in such manner as the board may, by public or special notice, direct, together with all articles therein liable to retain infection - - - - 167 whoever, while suffering from, or in circumstances in which he is likely to spread, any infectious or contagious disease,-makin, or seluni of food, etc, or washing cloth~ by infected person (a) makes, carries or offers for s'8le in a cantonment ot takes any part in the business of making, carrying or offering for sale therein any article of food or drink or any medicine, or drug for human cpnsumption, or any article of clothing or bedding for personal use or wear, or (b) takes any part in 'the business of the washing or carrying of clothes, shall be punishable with fine which may extend to one hundred rupees  - -  - free patients 173 at every hospital or dispensary maintained or aided under section 171, the sick poor of the cantonment and· other inhabitants of the canionment suffering from infectious or contagious diseases, and with the sanction of the board, any other sick pe:tsons, may receive medical or surgical treatment free of cost, and, jf treated as in-patients, shall be either dieted gratuitously or, if the medical omcer in charge so directs, shall be granted subsistence allowance on such scale as the board may fix: provided that the subsistence allowance shall not be less than the lowest allowance for the time being fixed for the subsistence of judgment debtors by the state government under section 57 of the code of civil procedure, 1908 - - - - -  speci4z conditions regarding easential servicesin the condit1ob8 without of aervlce ot sweepers 178 (1) whoever, being a sweeper employed b~ a board absence of a written contract authorising him so to do and reasonable cause, resigns his employment nr absents himself from his duty without having given one month's notice to the board, or' neglects or refuses to perform his duties, or any of them, shall be punishable with imprisonment which may extend to one month - - - - - (3) for the purpose of this section, "sweeper" includes any menial h'l'vant employed by a board in the removal or disposal of tuth or rubbish  chapter xi control over bulldiings, streets, boundaries, 'i'jlees, etc building'17sa no person shall erect or re-erect a building on any land in a sanction cantonment, except with the previous sanction of the board, nor otherfor buildwise than in accordance with the provisions of this chapter and df the ing rules and bye-laws made under this act relating to the erection and reerection of buildings 179 (1) whoever intends to erect or re-erect any building in a notice 01 cantqnment shall apply for sanction by giving notice in writing of his new intention to the board buildings (2) for the purpose's of this act, a person shall be deemed to erect or re-erect a building who---- - - - - 180  (1) - -  -  conditlonsof valid notice (2) no notice shall be valid until the information required under sub-sectiod, (1) and any further information and plans which may be required under bye-laws made under this act have been furnished to the satisfaction of the board along with the notice 181 (1) - - - -  power of board to unction or re1u  (2) the board may refuse to sanction the erection or re-erection of any building, either on grounds sufficient in the opinion at the board affecting the particular building, or in pursuance of a general scheme sanctioned by the 016cer commanding-in-chieft the command, restricting the erection or re-erection of buildings within specified limits for the prevention of over-crowding or in the interests of persons residing within such limits or for any other public purpose (3) the board, before sanctioning the erection or re-erection ofa building on land which is under the management of the military estates 9ftlcer, shall refer the application to the muitary faltates oftlcer for ~rtaining whether there is any objection on the part of government to such erection or re-erection; and the military estates officer shall return the application together with his report thereon to the board within thirty days after it has been received by him (4) the board may refuse to sanction the erection or re-erection of any building-'" '" '" '" '" 1m whoever begins, continues or completes the erection or re-erection  of a building-(a) without having given a valid notice as required by sections 179 and 180, or before the building has been sanctioned or is deemed to have been sanctioned, or (b) without complying with any direction ma~e under subsection (1) of section 181, or (c) when sanction has been refused, or has ceased to be available, or has been suspended by the otbcer commanding-in-chief, the command, under clause (b) of sub-section (1) of section 52, shall be punishable with fine which may ext~nd to five hundred rupeel  '" '" '" - - 186 a board may make bye-laws prescribing-power to make bye-laws (a) the manner in which notice of the intention to erect or reerect a building in the cantonment shall be given to the board and the information and plans to be furnished with the notice; - '" '" - '" '" (f) with reference to the erection or re-erection of buildings, or of any class of building, all or ~y of the following matters, namely:-'" - - '" '" - (iv) ,the position, the material and the method of construction cjf fire-places, chimneys, drains, latrines, privies, urinals and cesspools; '" - - - - - (m) the level and width of the foundation, the level of the lowest floor and the stability of the structure; - - - - - - (x) the materials and method of construction to be used for godowns intended for the storage of foodgrains in excess of fifty maunds in order to render them rat proof - - - - - - ,1 190 a board may attach to the outside of any building, or to any tree in the cantonment, brackets for lamps in such manner as not to occasion injury thereto or inconvenience power to attach brackets for lamps  streetstemporaryoccupation of street, land, etc 191 a board may, by order in writing, permit the temporary occupation of any street, or of any land vested in the board, for the purpose of depositing any building materials or making any temporary excavation therein or erection thereon, subject to such conditions as it may prescribe for the safety or convenience of the public, and may charge a fee for such permission and may in its discretion withdraw such permission 192 (1) a board shall not permanently close any street or open any new street without the previous sanction of the officer commanding-in-chief, the command closing and opening of streets (2) a board may, by public notice, temporarily close any street or any part of a street for repair or for the purpose of carrying out any work connected with drainage, water-supply or lighting or any other work which it is by or under this act required or permitted to carry out: provided that where, owing to any works or repairs or from any other cause, the condition of any street or of any water-works, drain, culvert or premises vested in the board, is such as to be likely to cause danger to the public, the board shall-(a) take all reasonable means for the protection of the adjacent buildings and land and provide reasonable means of access thereto; (b) cause sufficient barriers or fences to be erected for the security of life and property, and cause such barriers or fences to be sufficiently lighted from sunset to sunrise names of streets and numbers of buildings 193 (1) a board may cause a name to be given to any street and to be affixed on any building in the cantonment in such place as it thinks fit, and may also cause a number to be affixed to any such building (2) whoever destroys, pulls down, defaces or alters any such name or number or puts up any name or number differing from that put up by the order of the board shall be punishable with fine which may extend to twenty rupees (3) when a number has been affixed to any building under ilub-section (1), the owner of the building shall maintain the number in order, and shall replace it if removed or defaced, and if de fails to do so the board may by notice in writing require him to replace it  boundaries and treesboundary walls, hedges and fencetl 194 (1) no boundary wall, hedge or fence of any material or descr);ltion shall be erected in a cantonment without the permission in writing of the board  (2) a board may, by notjce in writing, require the owner or lessee of any land in the cantonment-(a) to remove from the land any boundary wall, hedge or fence which is in its opinion unsuitable, unsightly or otherwise objectionable; or (0) to, construct 'on the land stiftidel1t boundary walls, liedges or fences of such materi~u, description or dimensions as may be specified in the notice; or (c) to maintain the boundary walls, hedges or fences of such lands in good order: provided that, in the case of any such boundary wall, hedge or fence which was erected with the consent or under the orders of the board, or which was in existence at the commencement of this act, the board sball make compensation for any damage caused by the removal thereof (3) the board, may, by notice in writing, require the owner, lessee or occupier of any such land to cut or trim any hedge on the landlin such manner and within such time as may be specified in the notice  - - - - - digging ofpubuc land, 196 whoever, without the permission in writing of the board, digs up the surface of any open space in the cantonment, whic'll is not private property, shall be punishable with fine which may extend to twenty rupees, and, in the case of a continuing offence, with an additional flne which may extend to flye rlrpees for every day after the first during which the offence continues  - - - - -  chapter xii| markets, slaughter-hooses,    | trades    ||-------------------------------|-----------|| -                             | -         || -                             |           || -                             |           || -                             |           || power                         |           || to                            |           || transfer                      |           || by                            | public    || auction,                      |           || etc                          |           |200 the board may transfer 'by public auetion, for any period not exceeding three years at a time, the right to occupy or use any stall, shop, standing, shed or pen in a public market, or public slaughter-house, , or the right to expose goods for sale in a public market or the right to weigh or measure goods sold therein, or the right to slaughter animals in any public slaughter-house: provided that where the board is of opinion that such transfer of the aforesaid rights by pubhc auction is not considered desirable or expedient, it may, with the previous sanction of the general ofticer commanding-in-chief of the comrriand,-(a) either levy such stallages, rer;lts or fees as it thinks fit, or (b) farm the stahaps, rents and fees leviable under clause (ii) for any period not exceeding one year at a time - - - - - zclz (1) -                                  -                                                     -                                                                        -                                                                                           - (2) nothing in sub-section (1) shall be deemed-private market and 8laughter-- - - - - houue cb) to prevent the executive oftlcer, with the sanction of the board, from setting apart places for the slaughter of animals in accordance with religious custom, when such animals are slaughtered for consumption by the troops or for the purpose of the sale of tl\e flesh thereof to the troops (3) whoever omits to comply with any condition i~posed by the i:xecutive oftlcer under clause (a) of sub-section (2) shall be punishable with fine whlch may extend to fifty rupees ~, in the ~seof a continuing offence, with an adrutional fine which may exte~d to ten rupees for every day after the first during which the offence is continued - - - - - - peftalty for keepin, market or slaughter-house open without licenee etc 204 (1) any person who keeps open for public use any market or ilaughter-house in respect of which a licence is required by or under this act, withollt obtaining licen~e th~{or ,or w~i1e ~}le li~ence therefor is suspended, or after the same has been cancelled, shall be punishable with fine which may extend to fifty rupees and, in the case of a continuing offence, with an additional fine which may extend to five rupees for every day after the first  during which the offence is continued - - - - - - 2,q5 • whqever, knowing that any mvket or slaughter-house has been _op~, ~o the pl,lblic w~tho~t a ~ic-m,<re  pvjn,g b~obtain~ therefor :w~en such licence is ,required by or ~er tb,ts 4ft, or that the licence penalty for usinl unlicensed market or slaughterhouse ""'"~t~d tjaerefor is for the time qeutg suspe~~ or t~t it has been cancelled, sells or expos~ for sale any article in- such market, or slaughters any animal in such slaughter-house,' shall be' punishable 'with fine which may extend to fifty rupees and, in the case of a continuing offence, with an additional fine which may extend to five rupees for every day after the 'first during which the offence is continued - - - - - - power to inspect slaulhter_ housel 207 (1) any servant of a board authorised by order in writing in this behalf by the president of the board or the health officer, may, if he has reason to believe that any animal has been, is being, or is about to be laugbtered in any place in contravention of the provisions of this chapter, enter into and inspect any such place at any time, whether by day or by night - - - - - - power to make bye-~w80 208 a board may, with the approval of the central government, _?jlake bre-iaws consistent with this act to provide for all or any of the lo11c;>wing matters, namely:-- - - - - - -<f> the disposal or destruction of animals gffered for slaughter which are, from disease or any other cause, unfit 'for human c0t:lsumption; anet - - - - - -  trades and occupations209 (1) - - - - - provision of washing places (3) whoever contravenes any prohibition contained in a notice issued under sub-section (2) shall be punishable with fine which may extend to twenty rupees ~o (1) no person of any of the following classes, nbirielv;-- - - - - - licences required for carrying cin of certains occupations (q) makers and vendors of sugar or sweetmeats; and - - - - - - shall carry on his trade, calling or occupation in any part of a cantonment unless he has applied for and obtained a licence in this behalf from the board (2) a licence granted under sub-section (1) shal1 be valid until the end of the year in which it is issued and the grant of such licence shall not be withheld by the board unless it has reason to believe that the business which it is intended to establish or maintain would be offensive or dangerous to the public or that the premises in which the business is intended to be established or maintained are unsuitable for the purpose (3) notwithstanding anything contained in sub-section (1),-- - - - - - 13 of 1899 12 of 1919 (b) no person shall be required to take out a licence for the sale or storage of petroleum or for the sale or possession for sale of poisons or white arsenic in any case in which he is required to take out a licence for such sale, storage or possession for sale by or under the indian petroleum act, 1899, or the poisons act, 1919 (4) the board may charge for the grant of licences, under this sec  tion such fees not exceeding the cost of granting the licences, as it may fix with the previous sanction o'f the central government - - - - - - general provisions - - - - - - carrying on trade, etc, with· !)ut licence or in contraventio» 213 whoever carries on any trade, calling or occupation for which a lice'bee is required without obtaining a licence therefor or while the licence therefor is suspended or after the same has been cancelled, and whoever, after receiving a notice under section 212, uses or allows: to be used any building or place in contravention thereof, shall bepunishable with fine which may extend to two hundred rupees and, in the case of a continuing offence, with an additional fine which may ex--tend to forty rupees for every day after the firat durin~ which the offence is continued ~ eec\iod lit feedip, animals on dirt, etc 214 whoever feeds or allows to be fed on filthy or deleterious substances any animal, which is kept for the purpose of supplying milk to or which is intended to be used as food for, the inhabitants of a cantonment or allows it to graze in any place in which grazing has, for sanitary reasons, been prohibited by public notice by the board shall be punishable with fine which may extend to fifty rupees  entry, inspection and seizure215 (1) - - - - - power of entry and leizure (4) the owner or person in possession at the time of'seizure under sub-sectiol! (1), of any animal or carcsse which is diseased or of any article or thing which is unwholesome or unfit for human food, drink or medicine, as the case may be, or is aduiterated or is not what it is represented to be, or of any utensil or vessel w:hich is of such kind or in such state ·as is' described in clause (b) of sub-section (1), shall be punishable with fine which may extend to one hundred rupees, and the animal, article, utensil, vessel or other thing shall be liable to be forfeited to the board or to be destroyed or to be so disposed of as to prevent its being exposed for sale or used for the preparation of food, drink or medicine, as the case may be explanation i-if any such article, h1ivtng been exposed or stored fn, or brought to, any place mentioned in sub-section (1) for sale as ghee, contains any substance not exclusively derived from milk, it shall be deemed for the purposes of this section, to be an article which is nolt what it is represented to be e;rplanation 11-meat subjected to the process of blowing shall be deemed to be unfit for human food erplanation ii1-the artidc of food or drink shall not be deemed to be other than what it is represented to be merely by reason of the fact t!1at there has been added to it some substance not injurious to health: provided that-(a) such s'llbstance has been added to the article because the same is required for the preparation or production thereof as an article of commerce in a state fit for carriage or consumption and not fraudulently to increase the bulk, weight or measure of the food or rirink or conceal the inferior quality thereof, or (b) in the process of production preparation or conveyance of such article of food or drink, the extraneous substance has unavoidably become intermixed therewith, or (c) the owner or person in possession of the article has given sufficient notice by means of a label distinctly and legibly written or printed thereon or therewith, or by other means of a public description, that such substance has been added, or (d) such owner or person has purchased the article with a written warranty that it was of a certain nature substance and quality and had no reason to believe that it was not of such nature, substance and quality, and has exposed it or hawked it about or brought it for sale in the same state and by the same description as that in and by which he purchased it  jmportq( cattle and fleib iul (1) no pej'sqn shall, without the pennission in writing of the board, bring into a cantqluil~t a~ aniq:la] intended for human coill!1imption, or the ~h of :8i1y ~~ slaughtered outside the cantonment otheiwise than in a sla4ih~r-h9~ ljlajn~ed by the government· or the board i - - - - - (3) whoever contravenes the provisions of sub-section (1) shall be punishable with fine whic:h may extend to fifty rupees - - - -  chapter xiu wa~~y, ~~!fage and lighting w at~r~~pplll- - - - - zi9 the board may, by notice in writing, require the owner or any person having the control of any source of public water-supply which is used for drinking purposes-(a) to keep the s8j:lle ),n,gqqci order ,~nd to clear it from time to time of sut, refus/! ,and ~ying v,e~et~~~n, or (b) to protect the same trom contamipation in such manner as the board may direct, or power to require maintenanceor c10tling of private 80urceal public drinking watersupply (c) if the water therein is_ proved to the satisfaction of the boardto'pe ·wlfit,f~r gripwng puipo~s, to t~ke such measures as may be specified in the notice '0 prevent the public from having access to or using such water: ,provided that in the case of a well, such person as aforesaid may, in~tea~ of complying ·~th the notice, signify in writing his desire to be r~lieved of all responsibility for the proper maintenance of the well and his readiness to pla<:e it under the control and supervision of the board 1qr the use of the public, and, if he does so, he shall not be bound to ccarry oijt ~he requisit~on, and'the board shall undertake the control and ,s~pervision of the well - - - - - 221 if it appears to the ~ard ~~at ,~, building or land in the can-power to require waterlupplyto be taken i tonment is withouta proper supply of pure water, the board may, by potice in writing, require the owner, lessee or occupier of the building  or land to obtain from a source of public water-supply such quantity of water as is 'adequate to the requirements of the persons usually occupying or employed upon the j;ntilding ,or l~nd, and to provi,de communication pipes of the prescrib~ size and descrip~ion, and to take ~ll necessary steps for the above wfpo"es - -  - - 224 notwithstanding anything hereinbefore contained or contained in any agreement under section 222, ,the supply of water by a board to any huilditlg or land shall be, and shall be deemed to have been, granted subject to the fonowing conditions, namely:-condi· tiona of univerni application (a) the owner, lessee or occupier of any building or land in or on which water supplied by the board is wasteci by reasor at the pipea drains or other works being out of repair shall, if he has knowledge thereof, give notice of the same to such officer as the board may appoint in this behalf;  (b) the executive officer or any other officer or servant of the board authorised by it in writing in this behalf may enter into or on any premises supplied with water by the board, for the purpose of examining all pipes, taps, works and fittings connected with the wpply of water and of ascertaining whether there is any waste or misuse of such water; (c) the board may, after gtviiig notice in writing, cut o1f the connection between any source of public water-$upply and any bullding or land to which water is supplied fbr l1i1y purpose therefrom" or turn off such supply if--- - - - - penalty (t) any pipes, taps, works or fittings connected with the supply of water to the building or land are found, on examination by the executive officer, to be out of repair to guch an extent as to cause a waste of water; - - - - - z26 whoever-(a) uses for other than domestic purposes any water supplied by a board for domestic use, or (b) where water is supplied by a~ment with a board for a specified purpose, uses that water 'for any other purpose, shall be punishable with fine which may ex~nd to fifty rupees, and the board shall be entitled to recover from him the price of the water misused water, drainage 4ftd' otmt c07uwctimu - - - - - 230 a board may prescribe the s~  of the feitules to be used for the supply of gas, if any, and may establish meters or other appliances for the purpose of testing the quantity of any water, or the quantity or quality of any gas supplied to any premises by the board power to prescribe ferrules and to establish meters, etc power of inspection 231 the ferrules, communication pipes, connections, meters, standpipes and all fittings thereon or connected therewith leading 'from water mains or from pipes, drains, sewers or channels into any house or land, to which water or gas is supplied by a board, and the pipes, fittings and wbrks inside any such house or within the limits of any such land, shall ir1 all cases be installed or executed subject to the inspection and to the satisfaction of the board power to fix rates and chargee 232 a board may fix the charges to be made for the establislunent by them or through their agency of communications from, and connections with, mains, or pipes for the supply of water, or gas, or for mete~ or other appliances for testing the quantity or quality thereof supplfed, and may levy wch charges accorc:lina)y  chapter xiv rj:moval and exclusion from cantonments and suppression of sexualimmorality - - - - - 236 (1) whoever in a cantonment loiters tor the purpose of prostitution or importunes any person to the commission of sexual immorality, shall be punishable with imprisonment which may extend to one month, or with fine which may extend to two hundred rupees penalty for loiter-in, and importuning for purposes of proetitut1on (2) no prosecution for an offence under this section shall be instituted elt(:ept on the complaint of the person importuned, or of a military officer in whose presence the offence was committed, or of a member of the military or air force police, being employed in the cantonment and authorised in this behalf by the officer commanding the station, in whose presence the offence was committed, or of a police officer not below the rank of a sub-inspector or a, sergeant who is employed in the cantonment and authorised in this behalf by the officer commanding the ~t8tion with the concurrence of the district magistrate - - - - - 238 (1) a magistrate of the first class, having jurisdiction in a cantonment, on receiving information that any person residing in or frequenting the cantonment-- - - - - removal and exclusion !rom can· tonmell\ of ch-orderi, perlolli (c) has been convk1ed, either within the cantonment or elsewhere, of any offence punishable under sectiotl 156 of the army 44 & 45 act, or victc 5& (d) has been ordered under chapter viii of the code of criminal procedure, 1898, either within the cantonment or elsewhere, to 5 of 1898 - execute a bond for his good behaviour, may record in writing the substance of the information received, and may issue a summons to such person requiring such person to appear and· show cause why he should not be required cantonment and be prohibited from re-entering it to remove from the - - - - - (3) the magistrate shall, when the person so summoned appears before him, proceed to inquire into the truth of the information received and take such further evidence as he thinks fit, and if upon such inquiry, it appears to him that such person is a person of any kind described in sub-section (1) and that it is necessary for the maintenance of good order in the cantonment that such person should be required to remove therefrom and be prohibited from re-entering the cantonment, !he magistrate shall report the matter to the officer commanding the station, and; if the oftlcer commanding the station so directs, shall cause to be served on such person' an order in writing requiring him to remove from the cantonment within such time as may be specified in the order and pr0-hibiting him from re-entering it without the permission· in writing of the offtcer commanding the station  removal and exelusion from eantonment of seditious persons 238 (1) it any person in a cantownent causes or attempts to cause or does any act which he knows is likely to cause dialoyalty, didection or breaches of discipline amongst any portion of the armed forch of the union or is a person who the officer commanding the station has reason to believe, is likely to do any such act, the officer comm~ding the station may make an order in writing setting forth the reasons for the making of ' the same and requiring such person to remove from the cantonment within such time as may be specified in the order and prohibiting him b'om re-entering it without the permission in writing of the officer commanding the station: provided that no order shall be made under this section against an1 person unle:is he has had a reasonable opportunity of being informed qf the grounds on which it is proposed to make the order and df showing cause why the order should not be made - - - - - m whoever-(0) tails to comply with an order 1uued 1idder fuis chapter within the period specifted therein, or, whilst an order prohibiting him from re-entering a cantonment without permission is in force, re-enters the cantonment without such permission, or (b) knowing that any person has, under this chapter, been retjuired to remove from the cantonment and has not obtained the requisite permission to re-enter it, harbours or conceals such person' in the cantonment, shall be punishable with fine which may extend to two hundred rupees, aud, in the case of a continuing oftence, with an adciitional fine which may atend to twenty rup  for every day after the ftrst during which he hal ~ in the olfence  ehabter xv powlll$, procl!:dtjbj:, penal'1'ib6 and appjiais :i"try a_ iupectiotlpowers of entry ju it ihall be lawful for the president or the viee-prestdent of a board, or the executive ofticer, or the health officer or assiatant bjth oftlcer, or any person specially authorised by the health ojbcer or tile ~t health officer, or for any other person authorised by pneral or epecial order of a board in this behalf, to enter into or upon any bulldm, 01' land with or without assistants or workmen in order to make any idqqiry, inspection, measurement, valuation or survey, or to execute any work, which is authorised by or under this act or which it ia deeeiiary to make or execute for any of the purposes or in pursuance of any of the ,rovisions of this act or of any rule, bye-law or order made thereunder: provided that nothing in this section shall be deemed to codfet upon' any person any power such as is referred to in section 207 or aeetlod 115 or to authorise the conferment upon any persoll of any such power  - - - - - us (1) a board may, by general or special order, authorise any ~ l , (4) to inspect any drain, privy, latrine, urinal, cesspool, pipe, liiw,fir or channel in or oil any lyuildini or land ill the eantolldlt, ij)4, ill his discretion, to cause the ground to be opened for the ~':  purpose of preventing or removing any nuisance arising from the drain, privy, latrine, urinal, cesspool pipe sewer or cliannel, a the case may bei (b) to examine works under construction in the cantonment, to take levels or to remove test, examine, replace or read any meter (2) if, on such inspection, the opening of the ground is found to be ~essl17 for the prevention or removal of a nuisance, the expenses thltreby incurred shall be paid by the owner or occupier of the land or quil<ung, but if it is found that no nuisance exists or but for such opening would have arisen the ground or portion of any building, drain, or other work opened, injured ·or removed for the purpose of such inspection sha!l be filled in reinstated or made good as the case may be, by the board -    - itt sa\'e as otherwise expressly provided in this act, no building or land shall be entered without the consent of the occupier, or if there is no owner'a conaent ordinarilytobe obtained \ oqcu~, of the owner thereof, and no such entry shall be ~ade without giving the said occupier or owner, as the case may be, not less than four houn' written notice of the intention to make such entry: provided that no such notice shall be necessary if the place to be impeeted is a stable for hol'hl or a shed for cattle, or a latrine, privy 01' urinal, or a work under construction        penalt7 forobatruction z49 whoever obstructs or molests any person employed by a board, who is not a public servant within the meaning of section 21 of the '5 of 1810 indian penal code or any person with whom the board has lawfully contracted, in the execution of his duty or of anything which he is empowered or required to do by virtue or in consequence of any of the proiods of this' act or of any rule, bye-law or order made thereunder  or; ill fulftlment of his contract, as the case may be, shall be punishable" with fine which may extend to one hundred rupees,  potderb am duties c;j police officerarrest without warrant ziqmy  member' of the police force employed in a eantonment ma,, ~~~ wbj:'rant, arrest any person committing in his view a bi'eaeb of ani' " tile pfoviaiodi of this act which are specified in sehedul8 iv:   - -  (b) no person shall be so arrested for an offence under mctiod _ex~t-  '"   (ii) by or at the request of a member of the military or air ~ police, wh is emplo~ in the cantolui1ent and authorised  thil behalf by the oftieer commanding the station, and in whose preeence the offence was committed or by or at tile' no quest of any police officer not below the rank of a ~1jiip'" who is employed in the cantonment and authorisedial u behalf by the officer commandinl the station dutieeof pollee ofiicert zll it hall be the duty of all pouee offteers to sf're f'""'4'dt  fa fonnation to the board of the commilliion of any offence, &ii provisions of thi act or of an, rule or bye-law made 'th-unur,  to assist au cantonment oftlcen aod servant in the exerc1ae of ~ lawful authority po •••• board in cue of non-compllance wiul ~ eta 258 in the event of non~ompliance with the tenns ot ally nott~e order or requisition issued to any person under this act, or any rute or bye-law made thereunder, requiring such person to execute any work or to do any act, it shall be lawful for the board, wbether or not the perwn ~ default 1s liable to punishment for such default or has been pro8cuted or sentenced to any punishment therefor, after giving nottee in writing to s'ileh person, to take buch action or such steps 81 may be neeee-sat'y for the completion of the act or work required to be done or ex  e4 by him, and all the expenmi incurnd on iuch accowrt· ihali "-recoverable by the beanl liawjity of~ pier ~ payir" faultot own •• - , (1) if any sueh notice as is reterrecl to in _tion 258 hal , p'y1tll to any penon in retlpect of property of which he is the own_, the board may require any occupier of sch property or of any pad thereof to pay to it, instead ot to the owner, any rent payable \)y him id  pact of luch property, as it falls due, up to the qdlount recoverahie frma tb;e owner under section 2wj: provided that, if the occupier, on application made to him by the board, refuses truly to disclose the amount of his rent or the name or address of the person to whom it is payable, the board may ncowr from the occupier the whole amount recoverable under ect1on  - - - - - ,' , , '  a  ' " -  , ,  ,  -_ (1) notwithstanding anything elsewhere contained in this aet arrears of any tax, rent on land and buildings and any other money recoverable by a board or a military estates officer under this act or the rules made thereunder may be recovered together with the cost at recovery either by suit or, on application to a magistrate having jups~ tion in the cantonment or in any place where the person from whom such tax, rent or money is recoverable may for the time being be reaidmg,by the distress and sale of aay movable property of, or··~ timber, or growing crops' belonging to, -such person which fa withid tbi ltmitsof such magistrate's jurisdiction, and ball, if payable by tiwt  en: any propertras s,!ch, be ii ebara oil the proper1;j uiltil ptl4e provided that the tools of artisans, growing crope up to the value of tlve hundred rupees and impl~ments and cattle uaed tor the ~ ttt 'agridlilture shall be exempt from such distress or sale (2) an application to a magistrate under sub-section (1) shall be m writing and shall be signed by the president or vice-president of the board or by the executive oftlcer or the mllltary estates 0fileer, but ihall not require to be personally presented  proieeutlodl geoeral penalty cadcellatioa and auapid-alon of 1~ • (1),· - - - - (%) no offence made punishable under this act shall be tried by any magistrate or by any bench, if such magistrate or any ot the magistrates composing the bench is a member of the board  - - - - - gmerczl penalty prooirion! • whoever, in any case in which a penalty is not exprealy provided by this act, fails to comply with any notice, order or requisition jaued under any provision thereof, or otherwise contravenea any of the provf-ilqns of this act, shall be punishable with ftne which may extend to two hundred rupees, and, in the case ()f a continuing failure or contravention, wtth an additional fine which may extend to twenty rupees for every day after the ftrst during which he has persisted in the failure or eontraventlon 1 1 ' - - ,,,~~ • where any person to whom a licence hal been grant~ under thls act or any agent or servant of such person commits a breach of any of the conditions thereof, or of any bye-law made under this act for the purpose of regulating the manner or circumstances in, or the conditions subject to, which anything permitted by such licence is to be or may be done, the board may, without prejudice to any other penalty which may have been  incurred under this act, by order in writing, cancel the licence or w pend it for such period as it thinks fit: ·reeovery ofudgwlt payableln respect of damale to oid-tonmidt property provided that no such order shall be made until an opportunity has been given to the holder of the licence to show cause why it should not be made 278 whete any person has incurred a penalty by reason of hav!ng caused any damage to the property of a board, he shall be llable to make good such damage, and the amount payable in respect of the damage shad, in case of dispute, be determined by the magistrate by whom the person incurring such penalty is convicted, and, on donpayment of such amount on demand, the same shall be recovered by distress and sale of the movable property of such person, and the magistrate shall issue a warrant for its recovery accordingly limitation m no court shall try any person for an offence made puniahable by or under this act, after the expiry of six months from the date of the commielion of the offence, unlna compla1nt in respect of the oftcee has been made tn a ma~trat~ within the ~i:r montlul aforell!cl " - - - - 214 (j) any person aggrieved by any order d  crtbed in the second 4ppeaja column c1t schedule v may appeal to the authority specified in that =:aft---behalf in the third column thereof  (2) no such appeal shall be admitted if it is made after the expiry of the period specified in that behalf in the fourth column of the said  schedule 011_ (3) the period speclfted as aforesaid shall be computed in accordance with the provisions of the indian limitation act, 1'908, with l'8ip8d to the computation of periods of limitation thereunder, supee aiod 01 aetiod pend in appeal it • on the admiuion of an appeal from an order, other than an order ooiltaided in a nouce issued under section 140, secuon 176, or l18ctioa 238, all proceedinp to enforce the order and all prosecutions for any contravenuon thereof shall be held in abeyance pending the deds10n of the appeal, and, if the order is set aide on appeal, cuaobedtence thereto, mall not be deemed to be an offence, chapl'd xvi power to  (1)' - - - - -  (2) in particular, and wttliout pre'judice to the generalfty of tha fore nala going power, illueh ru1ea may provide for an or any of the followfd mattera, namely:~ - - - - - (c) the appointment, control, supervision, suapension, removal, dillmilllal and punishment (),f gem'mlts of boards; (cc) the codititution of a military landa and cantonment serviee and the appointment, control, supervision, eonditiolll of aenrice, pay and allowances, suspension, removal, dlsmissal and ptm,bmeut of the members thereof; - - - - - (e) the grant of leave, absentee or acting allowanee to servants of boards; i (j) the creation and management ot provident funds, and the ain:umstanees in whieh, and the condiuons subject to which, contrlbutiolll thereto shall be made from cantonment funds and by ie!'-vult of boarda; - - - - - 211 (1) - - -  - -ati1 (2) all rules so made shall be published in the official gazette and pro in such other manner, if any, as the central government may direct vialoiii i'iijiii""'" and, on such publication, shall have effect  if enacted in this ac!t 2iz subject to the provisio~ 9f tl$ act and of the rules made  under, a board may, in ad~:lition to ariy bye-laws which it is empowend temake by any other :provislon of this act,make'by<e-law tn'pnmde for ttl or any of the following matters in the can~  ,:- - - - •• -(2) the enforcement of compuljory vacmn-&uqd; - -  ; - •• - (4) the regulation or prohibition of any descrtptlod· 01 tnfilo  ,  -atreetsi - - - •• (6) the seizure and confiscation of ownerless animals atrajibi within the limits of the cantonment; - - - - - i14) the regulation and control of el)eam~ggrountfs, ~,   washing-places, serais, hotels, dak-bunialows, 1o(tging-h_s, ~ng-nous~, bundin~~ i~t in tenements, residential c!1~;' n!!ifau rants, eating-house8, cafes,refreshment-room~ and pl~ ijf j1iblte' recreatipd, entertainment or r~~rt:  -  -  - - - (15) the matters reg:\rding which eondittons may be tmpoaed by licences granted under se!etfeil' 2tt~  - - -,  - - - (18)  the regulation of the ereetion of 'anyenctoln1l'e, fem!e, _t, awning or other temporary structure of whatsoever ma'teitat or nature on any land situated within the oantonment; - - - - ,- (21) the regulation ot the grazing of anjiuu; - - - - - ) the rmdering necessary of licenc wtthln the  c~t-· --- - - -  (b) for animals or vehicles let out on hire; (i:) for the-proprietors or drivers  ef yeb,lcles, bpat,or other eonveyances, or of animals kept or plying for hire; "  " - - - - -   ~7) the reuclerlng necessary ellicences tqr the  "~qf premfiiei w,ithin the- cantonment as, stables or cowhoules or a$' -ceomdl9aatton  for sheep, goats or fowls;  '  (38) the control of the use· in the cantonment of  mechanteal whtstlessyren·s or trumpets; and - - - , • ~ by-e-iaw made by u board under tb!s t\c:t my provide '~"t a enntra"lentipi} thereof shall be punisbabl":- "  "_ ,  ,"  , '"  "-(a) with fine which may emnrl to one hundred rupees; at -~ -_ , -'  --:t::: ,~": " " penelty:'  for   of by  :: l'wli 'i-r' (b) withfine which-may ehtedd to one hundred rupees and, in the cue of a continuin~ c~tra~~tion,: with an additional fine which may extend to twenty rupees f6revery day during which such contravention continues after conviction for the first such contravention; or  (c) with fine which may extend to ten rupees for every day during which the contravention continues after the rec!eiptof a ~ce from the board by the person contravening the by~law requiring bueh person ,:to discontinue such contravention  - ' ~" 1  :" "' - - - - -  crafter xvn" , suppijilmjiin'l'al provisions "    - - , ,, (l) the board, may empower any of its members or oftlcen to exercise or perform in the absence of the executive officer from the cantonment all or any of such powers or duties of an executive oftlcer under this act as the central government may, by notifioatioll in the official gazette, specify in this behalf power to delqate !udctioni at execu tive officer ,(2) the board may by a resolution passed in this behalf, de1egate to u, ~~t, vice-president, executive officer or health ofticer, s~ j~ to" such con4itions, if any as may be specified in the resolution, all '&' any" of its functions 'under sub-section (3) of section 82, sub-section (i) or clause (b) of sub-section (5) of section 119, section'131, sub-hction (2) of section 132, section 143,section 161, section 163, section 164, mction 168, section 169, section 189, section 190, section 191, section 184, section 195, section 196 or section 191: relistra-uon  ulotl801ji7 (1) - - - - - (i) 'l1ie regi8ttar or sub-registrar of the district or sub-district formed for the purposes of the indian registration act, 1908; in which _ luly cantonment is situated, sh!ill, when any document relating to immov-" 'iidie propitty withiii "the cantonment is registeted, send itlfordiation of the registration forthwith to the board or such othet autqortty as the , , , central government may pfescribe in this behalf ,  ,   - - -  - admiaibility of document orentrv  evidence i, - a-a eo-py· ef  dy receipt, applioation, plan, noti061, order or, other document or of any entry in a register, jn the possession of a boardsball, if duly certi&ed by the legal keeper thereof or other person authorised by ~the'~ in thia ,behalf, be admissible in evidence of the existence 'elf ~ '~cqment or entry, and !lhall be admitted as evidence of, the , 'matt8ri' ,mei' traniacuqns therein recorded in every case where, and to the same extmt to which; the originsl document or entry would, if produced, have been admissible to prove such matters ' - - l'  ' -  :'(' , for the purposes of the government buildings act, l899, can-applica-~t~ 8!1d" soards shall be deemed to be municipalities and j1l\u1idtion ot act 'jjm'llu:th6nties respectively 4 of 1898, - - - • - - (see aeetion 91) nd~at tab notice that the board demands from  or due from on aceount of (here describe the property, occupation, c1rwlut8dce or tidda m -t of which the sum is payable) leviable under _ the period of commencing on the day of 11  , and ending on the day of 19 ,and that if, witbid thirty days from the service of this notice, the said sum ill dot paid to td board at , or 8'u1ilcient cause for non-payment is ddt show'll to tbe satisfaction of the executive ojilcer, a warrant of diabwi ww  jaued for the recovery of the same with eoita day 01 19 (signed)  schbdule n (se section 92)lhere inaert the name of the officer char&ed with the execution of 1m warrant) i whereas a b at hal dot paid, anel hal zaot aiunnl uaatactory cause for the non-payment of, the sum of clue on account of - tor the period of commencln, on the day of 19 - and eddida with the day of 19 - which aum is leviable udder ; and whereas thirty dall have elapsed aidce the i8rvice on him of aouce of demand for the same; thia is to command you to distrain, aubject to the provisloda of the cantonments act, 1924, the movable property of the said ab to the liildunt of the said sum of rs ; uul forthwith to cert:ify to me, toaether with this warrant, all partieulars of the property eeidml by jou  udder :dated twa day of 19 (signed)  schedule v appbls i'rom 0&1iiiw (see section' 274)ii !i appellate authority executive order time allowed for appeal section 1116 thirty days from service of notice • officer commandint-in-chief, the cciiilmad d 01' other authority authorised in this behalf by the central govern-- ment board' notice to remove, re-jir, protect or enclolc a building, wall or anything allbed tbereto, or well, tank, reservoir, pool, depreuion or excavation 134 i thirty dayi from lervice of noticc board' notice to fill up wel!z ; tank, ete, or to drain on i or remove water officer commanding-in-chief, the ijommand, 01' tither authority authorised in this behalf by the central government 140 thirty da~'s from icrvice of notice board's notice requiring a i building to be repaired or t altered 10  to remove i sanitary defectl ofiiccr commanding-in chief, the command, or other authority au· thorised in thil behalf by the central government thirty days from lervicc of dotice officer  commanding-in-chief, the command, or other autlaority authorised in thil behalf bv the central governinen t: order of officer command- i ing the station on report of medical officer, directing· a person ~o remove from the cantonment and prohibiting him from re-enter· ing it without permillion 181 board's refusal to sanction the erection or rc-erection of a building ofticer  cornman ding-in-chief, the command, or other authority au·  thoriacd in this behalfby tbe central govemmcn t thirty dayi from the date on which the refusal ihan have bren communicated to the penon applying for anetion board' notice to alter demolish a building or officer commanding-i n·1 thirty days from lervice chief, the command, of notice  or other authority au· thoned in thi behalfby the central govern· ment thirty dayi rrom aervice of notice 1881 officer €ommanding-in; chief, the command, or  other authority authorised in this behalf by the central government board's notice to pull down or otherwiac deal with a building newly erected or rebuilt without permiaion over a _er, drain, culvert, water ,:oune or water-pipe twenty-one days from service' of notice board's notiee prqjiibiting or reltricnng the uie of a slaughterhouie ofiicer commanding-in-chief, the command, or other authority authorised in tbis behalf by the central government district magiatrate thirty daya rrom ~ice of donee magistrate's notice directing disorderly peraon to remove from cantonment and prohibiting him from re-l!iltering it without permillion  a billfurther to amend the cantonments aat, ji2~ - shri r venkataraman minister of defence) 