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The Cantonments Act, 2006
Section 331

The Cantonments Act, 2006

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Chapter IPreliminary

1Short title, extent and commencement
2Definitions

Chapter IIDefinition and Delimitaiton of Contonment

3Definition of cantonments
4Alteration of limits of cantonments
5The effect of including area in cantonment
6Disposal of cantonment fund and cantonment development fund when area ceases to be a cantonment
7Disposal of cantonment fund and cantonment development fund when area ceases to be included in a cantonment
8Application of funds and property transferred under sections 6 and 7
9Limitation of operation of Act

Chapter IIIBoards · Elections · Members · Employees · Procedure · Control · Validity of proceedings

Boards

10Cantonment Board
11Incorporation of Cantonment Board
12Constitution of Cantonment of Boards
13Power to vary constitution of Boards in special circumstances
14Term of office of members
15Filling of vacancies
16Vacancies in special cases
17Oath or affirmation
18Resignation
19President and Vice-President
20Term of office of Vice-President
21Duties of President
22Duties of Vice-President
23Allowances to Vice-President and members
24Appointment of Chief Executive Officer
25Duties of Chief Executive Officer
26Special power of Chief Executive Officer

Elections

27Electoral rolls
28Qualification of electors
29Qualification for being a member of the Board
30Interpretation
31Power to make rules regulating elections

Members

32Member not to vote on matter in which he is interested
33Liability of members
34Removal of members
35Consequences of removal
36Member of the Board to be deemed a public servant

Employees

37Disqualification of person as an employee of Board
38Cantonment employee to be deemed a public servant

Procedure

39Meetings
40Business to be transcted
41Quorum
42Presiding Officer
43Minutes
44Meetings to be public
45Method of deciding questions
46Civil area
47Committees for civil areas
48Power to make regulations
49Joint action with other local authority
50Report on administration

Control

51Power of Central Government to require production of documents
52Inspection
53Power to call for documents
54Power to require execution of work, etc
55Power to provide for enforcement of direction under section 54
56Power to override decision of Board
57Power of Central Government to review
58Power of General Officer Commanding-in-Chief, the Command, on reference under section 56 or otherwise
59Power of Central Government on a reference made under section 56
60Supersession of Board

Validity of proceedings

61Validity of proceedings, etc

Chapter IVDuties and Discretionary Functions of Boards

62Duties of Board
63Power to manage property
64Discretionary functions of Board
65Power of expenditure of educational, health and other purposes outside the cantonment

Chapter VImposition of taxation · Assessment list · Remission and refund · Charge on immovable property · Octroi, terminal tax and toll · Appeals · Payment and recovery of taxes · Special provisions relating to taxation, etc.

Imposition of taxation

66General power of taxation
67Charging of fees
68Norms of property tax
69Framing of preliminary proposals
70Objections and disposal thereof
71Imposition of tax
72Power of Central Government to issue directions to the Board
73Definition of ?annual rateable value?
74Incidence of taxation

Assessment list

75Assessment list
76Revision of assessment list
77Authentication of assessment list
78Evidential value of assessment list
79Amendment of assessment list
80Preparation of new assessment list
81Notice of transfers
82Notice of erection of buildings

Remission and refund

83Demolition, etc., of buildings
84Remission of tax
85Power to require entry in assessment list of details of buildings
86Notice to be given of the circumstances in which remission or refund is claimed
87What buildings, etc., are to be deemed vacant
88Notice to be given of every occupation of vacant building or house

Charge on immovable property

89Tax on buildings and land to be a charge thereon

Octroi, terminal tax and toll

90Inspection of imported goods, octroi, terminal tax and toll, etc
91Power to seize, etc
92Lease of octroi, terminal tax or toll

Appeals

93Appeals against assessment
94Costs of appeal
95Recovery of costs from Board
96Conditions of right to appeal
97Finality of appellate orders

Payment and recovery of taxes

98Time and manner of payment of taxes
99Public notice for taxes due
100Notice of demand
101Recovery of tax
102Interest payable on taxes due
103Distress
104Disposal of distrained property
105Attachment and sale of immovable property
106Recovery from a person about to leave cantonment and refund of surplus sale proceeds, if any
107Power to institute suit for recovery

Special provisions relating to taxation, etc.

108Board to be a Municipality for taxation purposes
109Payment to be made to a Board as service charges by Central Government or State Government
110Power to be make special provision for conservancy in certain cases
111Exemption in case of buildings
112General power of exemption
113Exemption of poor persons
114Composition
115Irrecoverable debts
116Obligation to disclose liability
117Immaterial error not to affect liability
118Distraint not to be invalid by reason of immaterial defect

Chapter VICantonment fund and cantonment development fund · Property

Cantonment fund and cantonment development fund

119Cantonment fund and cantonment development fund
120Custody of cantonment fund and cantonment development fund
121Power of Board to borrow money

Property

122Property
123Application of cantonment fund, cantonment development fund and property
124Acquisition of immovable property
125Power to make rules regarding cantonment fund, cantonment development fund and property

Chapter VIIContracts

126Contracts by whom to be executed
127Sanction
128Execution of contract
129Contracts improperly executed not to be binding on a Board

Chapter VIIISanitary authorities · Conservancy and sanitation · Burial and burning grounds · Prevention of infectious, contagious or communicable diseases · Hospitals and dispensaries · Control of traffic for hygienic purposes · Special conditious regarding essential services

Sanitary authorities

130Responsibility for sanitation
131General duties of Health Officer

Conservancy and sanitation

132Public latrines, urinals and conservancy establishments
133Duty of occupier to collect and desposit rubbish, etc
134Power of Board to undertake private conservancy arrangement
135Deposits and disposal of rubbish, etc
136Cesspools, receptacles, for filth, etc
137Filling up of tank, etc
138Provision of latrines, etc
139Sanitation in factories, etc
140Private latrines
141Special provisions for collection of rubbish and solid waste management
142Removal of congested buildings
143Overcrowding of dwelling houses
144Power to require repair or alternation of building
145Power to require land or building to be cleansed
146Prohibition in respect of air pollutant
147Power to order disuse of house
148Removal of noxious vegetation
149Agriculture and irrigation

Burial and burning grounds

150Power to call for information regarding burial and burning grounds
151Permission for use of new burial or burning ground
152Power to require closing of burial or burning ground
153Exemption from operation of sections 150 to 152
154Removal of corpses

Prevention of infectious, contagious or communicable diseases

155Obligation concerning infectious, contagious o communicable diseases
156Blood Bank
157Special measures in case of outbreak of infectious or epidemic diseases
158Power to require names of a dairyman?s customers
159Power to require names of a washerman?s customers
160Power to require names of patients or customers of a medical practitioner or paramedical workers
161Report after inspection of dairy or washerman or medical practitioner?s place of business
162Action on report submitted by Health Officer
163Examination of milk, washed clothes or needles, syringes, etc
164Contamination of public conveyance
165Disinfection of public conveyance
166Penalty for failure to report
167Driver of conveyance not bound to carry person suffering from infectious or contagious disease
168Disinfection of building or articles therein
169Destruction of infectious hut or shed
170Temporary shelter for inmates of disinfected or destroyed buildings or shed
171Disinfection of building before letting the same
172Disposal of infected article without disinfection
173Means of disinfection
174Marking or selling of food, etc., or washing clothes by infected person
175Power to restrict or prohibit sale of food or drink
176Control over wells, tanks, etc
177Disposal of infectious corpse

Hospitals and dispensaries

178Maintenance or aiding of hospitals or dispensaries
179Medical supplies, appliances, etc
180Free patients
181Paying patients
182Power to order person to attend hospital or dispensary
183Power to exclude from cantonment persons refusing to attend hospital or dispensary

Control of traffic for hygienic purposes

184Routes for pilgrims and others

Special conditious regarding essential services

185Conditions of service of Safai Karamcharis and others

Chapter IXWater-supply · Water, drainage and other connections · Application of this Chapter to Government water-supplies · Miscellaneous

Water-supply

186Maintenance of water-supply
187Terms of water-supply
188Board to carry out survey and formulate proposals
189Control over sources of public water-supply
190Power to require maintenance or closing of private source of public drinking water-supply
191Supply of water
192Power to require water-supply to be taken
193Supply of water under agreement
194Board not liable for failure of supply
195Conditions of universal application
196Supply to persons outside cantonment
197Penalty

Water, drainage and other connections

198Power of Board to lay wires, connections, etc
199Wires, etc., laid above surface of ground
200Connection with main not be made without permission
201Power to prescribe ferrules and establish meters, etc
202Power of inspection
203Power to fix rates and charges

Application of this Chapter to Government water-supplies

204Government water-supply
205Water supply for domestic consumption
206Recovery of charges
207Supply of water from Government water-supply to the Board
208Functions of the Board in relation to distribution of bulk supply
209Special provisions concerning drainage and sewage
210Construction of and control of drains and sewage collection and disposal works
211Certain matters not to be passed into cantonments drains
212Application by owners and occupiers to drain into cantonment drains
213Drainage of undrained premises
214New premises not be erected without drains
215Power to drain group or block of premises by combined operations
216Power to close or limit the use of private drains in certain cases
217Use of drain by a person other than the owner
218Sewage and rain water drains to be distinct
219Power to require owner to carry out certain works for satisfactory drainage
220Appointment of places for the emptying of drains and collection of sewage

Miscellaneous

221Connection with water works and drains not to be made without permission
222Buildings, railways and private streets not to be erected or constructed over drains or water works without permission
223Rights or user of property for aqueducts, lines, etc
224Power of owner of premises to place pipes and drains through land belonging to other persons
225Power to require railway level, etc., to be raised or lowered
226Power to execute work after giving notice to the person liable
227Power to affix shafts, etc., for ventilation of drain or cesspool
228Power to examine and test drains, etc., believed to be defective
229Bulk delivery of sewage by the Board
230Employment of Government agencies for repair, etc
231Works to be done by licensed plumber
232Prohibition of certain acts

Chapter XTown Planning and Control Over Building, etc. · Streets

Town Planning and Control Over Building, etc.

233Preparation of land use plan
234Sanction for building
235Notice of new buildings
236Conditions of valid notice
237Powers of Board under certain sections exercisable by Chief Executive Officer
238Power of Board to sanction or refuse
239Order of stoppage of building or works in certain cases and disposal of things removed
240Power to sanction general scheme for prevention of overcrowding, etc
241Compensation
242Completion notice
243Lapse of sanction
244Restrictions on use of buildings
245Period for completion of building
246Completion certificate
247Illegal erection and re-erection
248Power to stop erection or re-erection or to demolish
249Power to seal unauthorised constructions
250Courts not to entertain proceedings in certain cases
251Power to make bye-laws
252Prohibition of structures or fixtures which cause obstruction in streets
253Unauthorised buildings over drains, etc
254Drainage and sewer connections
255Power to attach brackets for lamps and other accessories
256Maintenance of Roads

Streets

257Temporary occupation of street, land, etc
258Closing and opening of streets
259Names of streets and numbers of buildings
260Group Housing Schemes
261Boundary walls, hedges and fences
262Felling, lopping and trimming or trees
263Digging of public land
264Improper use of land

Chapter XIMarket, Slaughter-houses, Trades and Occupations · Trades and occupations · General provisions · Entry, inspection and seizure · Import of cattle and flesh

Market, Slaughter-houses, Trades and Occupations

265Public markers and slaughter-houses
266Use of public market
267Power to transfer by public auction, etc
268Stallages, rents, etc., to be published
269Private markets and slaughter-houses
270Conditions of grant of licence for private market or slaughter-house
271Penalty for keeping market or slaughter-house open without licence, etc
272Penalty for using unlicensed market or slaughter-house
273Prohibition and restriction of use of slaughter-house
274Power to inspect slaughter-houses
275Power to regulate certain activities

Trades and occupations

276Provision of washing places
277Licences required for carrying on of certain occupations
278Power to stop use of premises used in contravention of licences
279Conditions which may be attached to licences

General provisions

280Power to vary licence
281Carrying on trade, etc., without licence or in contravention of section 280
282Feeding animals on dirt, etc

Entry, inspection and seizure

283Powers of entry and seizure

Import of cattle and flesh

284Import of cattle and flesh

Chapter XIISpirituous Liquors and Introxicating Drugs

285Unauthorised sale of spirituous liquor or intoxicating drug
286Unauthorised possession of spirituous liquor
287Arrest of persons and seizure and confiscation of things for offences against the two last foregoing sections
288Saving of articles sold or supplied for medicinal purposes

Chapter XIIIGeneral Nuisances · Dogs · Traffic · Prevention of fire, etc.

General Nuisances

289Penalty for causing nuisances

Dogs

290Registration and control of dogs

Traffic

291Traffic rule of the road

Prevention of fire, etc.

292Use of inflammable materials for buildings purposes
293Stacking or collecting inflammable materials
294Care of naked lights
295Regulation of cinematographic and dramatic performances
296Discharging fire-works, fire-arms, etc
297Power to require buildings, wells, etc., to be rendered safe
298Enclosure of wasteland used for improper purposes

Chapter XIVRemoval and Exclusion from Cantonmnets and Suppression of Sexual Immorality

299Power to remove brothels and prostitutes
300Penalty for loitering and importuning for purposes of prostitution
301Removal of persons from cantonment
302Removal and exclusion from cantonment of disorderly persons
303Removal and exclusion from cantonment of seditious persons
304Penalty

Chapter XVEntry and inspection · Powers and duties of police officers · Notices · Recovery of Money · Committees of Arbitration · Prosecutions · General Penalty Provisions · Limitation · Suits · Appeals and Revision

Entry and inspection

305Powers of entry
306Power of inspection by member of a Board
307Power of inspection, etc
308Power to enter land, adjoining land where work is in progress
309Breaking into premises
310Entry to be made in the day time
311Owner?s consent ordinarily to be obtained
312Regard to be had to social and religious usages
313Penalty for obstruction

Powers and duties of police officers

314Arrest without warrant
315Duties of police officers

Notices

316Notices to fix reasonable time
317Authentication and validity of notices issued by Board
318Service of notice, etc
319Method of giving notice
320Powers of Board in case of non-compliance with notice, etc
321Occupier not to obstruct owner when complying with notice

Recovery of Money

322Liability of occupier to play in default of owner
323Relief to Agents and Trustees
324Method of recovery

Committees of Arbitration

325Application for a Committee of Arbitration
326Procedure for convening Committee of Arbitration
327Constitution of the Committee of Arbitration
328No person to be nominated who has direct interest or whose services are not immediately available
329Meetings and powers of Committee or Arbitration
330Decisions of Committee of Arbitration

Prosecutions

331Prosecutions
332Composition of offence

General Penalty Provisions

333General penalty
334Offences by companies
335Cancellation or suspension of licences, etc
336Recovery of amount payable in respect of damage to cantonment property

Limitation

337Limitation for prosecution

Suits

338Protection of action of Board, etc
339Notice to be given of suits

Appeals and Revision

340Appeals from executive orders
341Petition of Appeal
342Suspension of Action Pending Appeal
343Revision
344Finality of the Appellate Orders
345Right of appellant to be heard

Chapter XVIRules and Bye-laws

346Power to make rules
347Supplemental provisions respecting rules
348Power to make bye-laws
349Penalty for breach of bye-laws
350Supplemental provisions regarding bye-laws and regulations
351Rules and bye-laws to be available for inspection and purchase

Chapter XVIISupplemental Provisions

352Extension of certain provisions of the Act and rules to place beyond cantonments
353Power to delegate functions to the President, etc
354Registration
355Validity of notices and other documents
356Admissibility of document or entry as evidence
357Evidence by officer or employee of the Board
358Application of Act 4 of 1899
359Power to remove difficulties
360Repeals and savings

Previous: Section 330 Next: Section 332

The Cantonments Act, 2006 331Chapter XV · Prosecutions

Section 331 · Prosecutions

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Save as otherwise expressly provided in this Act, no court shall proceed to the trial of any offence made punishable by or under this Act, other than an offence specified in Schedule IV, except on the complaint of or upon information received from the Board concerned or a person authorised by the Board by a general or special order in this behalf.

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