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  "title": "Cantonments Ordinance, 2002 (CXXXVII)(Repealed by Act No. XLVII of 2023)",
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  "text": "Page 1 of 122  \r\n \r\nTHE CANTONMENTS ORDINANCE, 2002 \r\n \r\n \r\n \r\n \r\n \r\n \r\nCONTENTS \r\n \r\nCHAPTER I  \r\nPRELIMINARY \r\n1 Short title, extent and commencement. \r\n2 Definitions. \r\n \r\nCHAPTER II \r\nDECLARATION OF CANTONMENTS AND DELIMITATION OF LOCAL AREAS \r\n3 Definition of cantonments. \r\n4 Alteration of limits of cantonments. \r\n5 Effect of including area in cantonment. \r\n6 Disposal of cantonment fund when area ceases to be a cantonment. \r\n7 Disposal of cantonment fund when area ceases to be a part of cantonment. \r\n8 Application of funds and property transferred under section 6 or 7. \r\n9 Limitation of operation of ordinance \r\nLOCAL AREAS \r\n10 Local area. \r\n11 Delimitation of wards of a Cantonment. \r\n12 Local Governments for local areas. \r\n \r\n \r\n\r\n \r\nPage 2 of 122  \r\nCHAPTER III  \r\nCANTONMENT ADMINISTRATION \r\n13 Cantonment Administrator. \r\n14 Composition of Cantonment Administration. \r\n15 Structure of Cantonment Administration. \r\n16 Functions and powers of Cantonment Administration. \r\n17 Omitted. \r\n18 Source of induction of officers. \r\n19 Cantonment Officer. \r\n \r\nCHAPTER IV  \r\nCANTONMENT BOARD \r\n20 Composition of Cantonment Board. \r\n21 Oath or affirmation by the nominated members. \r\n22 Resignation. \r\n23 Removal of nominated member. \r\n24 Nominations, resignations etc; to be notified. \r\n25 Liability of members. \r\n26 Functions and powers of the Cantonment Board. \r\n27 Conduct of business of the Board. \r\n28 Recall of Vice­President. \r\n29 Joint Committees of Councils. \r\n \r\nCHAPTER V \r\nUNION ADMINISTRATION \r\n30 Composition of Union Administration. \r\n31 Structure of Union Administration. \r\n32 Functions of the Union Administration. \r\n33 Entrustment of functions by Cantonment Administration, etc. \r\n34 Government to prescribe powers of Union Administration. \r\n35 Functions of Union Nazim. \r\n36 Personal responsibility of Union Nazim. \r\n37 Setting aside decisions of Union Nazim. \r\n \r\nPage 3 of 122  \r\n38 Resignation by Union Nazim. \r\n39 External recall of Union Nazim. \r\n40 Internal recall of Union Nazim. \r\n \r\n \r\nCHAPTER VI \r\n UNION COUNCILS \r\n41 Composition of Union Councils in Cantonment. \r\n42 Functions of the Union Council. \r\n43 Conduct of the business of the Union Council. \r\n44 Address of Union Nazim. \r\n45 Resignation by Naib Union Nazim. \r\n46 Recall of Naib Union Nazim. \r\n \r\nCHAPTER VII \r\nCITIZEN COMMUNITY BOARD \r\n \r\n47 Composition of Citizen Community Board. \r\n48 Personal responsibility of the head of the Citizen Community Board and Executive \r\nCommittee and its officers. \r\n49 Raising of funds by Citizen Community Board. \r\n50 Citizen Community Board to be a non­profit Organization. \r\n \r\nCHAPTER VIII \r\nINSAAF COMMITTEE AND MUSALIHAT ANJUMAN \r\n51 Composition of Insaaf Committee. \r\n52 Constitution of Musalihat Anjuman. \r\n53 Encouragement for amicable settlement of disputes. \r\n54 Courts may refer cases to Musalihat Anjuman. \r\n55 Appointment of Musaleh (Conciliator) for individual cases. \r\n56 Procedure of settlement of disputes. \r\n \r\n \r\n \r\n \r\nPage 4 of 122  \r\nCHAPTER IX \r\nCANTONMENT LOCAL GOVERNMENT ELECTIONS \r\n57 Franchise. \r\n58 Authority for local government elections. \r\n59 Indirect elections.  \r\n60 Qualifications for candidates and elected members. \r\n61 Non­party elections. \r\n62 Joint candidacy and elections. \r\n63 Election to vacant seats. \r\n64 Electoral rolls. \r\n65 Validity of electoral rolls etc; not affected by reason of any mistake. \r\n66 Bar against dual membership, etc. \r\n67 Term of office. \r\n68 Oath of office. \r\n69 Removals. \r\n70 Resignations of elected members. \r\n71 Ineligibility for re­election. \r\n72 Notification to be issued. \r\n73 Corrupt practices. \r\n74 Bribery. \r\n75 Personating. \r\n76 Undue influence. \r\n77 Illegal practices. \r\n78 Prohibition of canvassing. \r\n79 Disorderly conduct near polling station. \r\n80 Tampering with papers. \r\n81 Interference with the secrecy. \r\n82 Failure to maintain secrecy. \r\n83 Conduct of officials. \r\n84 Breach of official duty. \r\n85 Assistance by Government servants. \r\n86 Summary trial. \r\n \r\nPage 5 of 122  \r\n87 Jurisdiction of courts barred. \r\n88 Power to make rules. \r\n88A Removal of difficulties \r\n88B Overriding effect \r\nCHAPTER X \r\nSUPERVISION AND CONTROL  \r\n89 Power of government to require production of documents. \r\n90 Power of Competent Authority to call for documents. \r\n91 Power to require execution of works, etc. \r\n92 Power to provide for enforcement of direction under section 91. \r\n93 Power to override decision of the local government. \r\n94 Power of Garrison Commander on reference under section 93. \r\n95 Inspection. \r\n96 Report on administration. \r\n97 Enquiries. \r\n98 Transparency. \r\n99 Monitoring by committees. \r\n100 Code of Conduct Committees of the Union Councils and the Board. \r\n \r\nCHAPTER XI \r\nLOCAL GOVERNMENT PROPERTY AND CONTRACTS PROPERTY \r\n101 Local government property. \r\n102 Application of local government property. \r\n103 Surcharge for the loss, etc. \r\n104 Acquisition of immovable property. \r\n105 Stock taking. \r\n106 Power to make rules regarding property. \r\n \r\nCONTRACTS \r\n107 Essential requirement of a contract. \r\n108 Power to make rules regarding contracts. \r\n \r\n \r\n \r\nPage 6 of 122  \r\nCHAPTER XII \r\nPUBLIC SAFETY AND SUPPRESSION OF NUISANCES DANGEROUS AND \r\nOFFENSIVE TRADES \r\n109 Dangerous and offensive articles and trades. \r\nPREVENTION OF FIRE \r\n110 Use of inflammable materials for building purposes. \r\n111 Stacking or collecting inflammable materials. \r\n112 Care of naked lights. \r\n113 Fire­fighting. \r\n114 Discharging fireworks, fire­arms, etc. \r\nPUBLIC SAFETY  \r\n115 Power to require buildings, wells, etc. to be rendered safe. \r\n116 Enclosure of waste land used for improper purposes. \r\n117 Civil defence. \r\n118 Floods. \r\n119 Registration and control of dogs. \r\n120 Traffic control. \r\n121 Public vehicles. \r\n122 Public ferries. \r\n \r\nCHAPTER XIII \r\nSANITATION AND THE PREVENTION AND TREATMENT OF DISEASE SANITARY \r\nAUTHORITIES \r\n123 Responsibility for sanitation. \r\n124 General duties of Health Officer. \r\n125 Public latrines, urinals and conservancy establishment. \r\n126 Private latrines and urinals. \r\n127 Removal, collection and disposal of refuse. \r\n128 Power of Cantonment Administration to undertake private conservancy \r\narrangements. \r\n129 Insanitary building and lands. \r\n130 Removal of congested buildings. \r\n \r\nPage 7 of 122  \r\n131 Overcrowding of dwelling houses. \r\n132 Power to require repair or alteration of buildings. \r\n133 Infectious diseases. \r\n134 Medical aid and relief and medical education. \r\n135 Bathing and washing places. \r\n136 Power to call for information regarding burial grounds and cremation places. \r\nREGISTRATIONS OF BIRTHS, MARRIAGES AND DEATHS \r\n137 Births, marriages and deaths. \r\nENVIRONMENTAL POLLUTION  \r\n138 Environmental pollution. \r\n \r\nCHAPTER XIV \r\nMARKETS, SLAUGHTER-HOUSES, TRADES AND OCCUPATIONS AND ANIMALS \r\n139 Public markets and slaughter­houses. \r\n140 Use of public markets \r\n141 Levy of stallages, rents and fees. \r\n142 Stallages, rents, etc; to be published. \r\n143 Private markets and slaughter­houses. \r\n144 Conditions of grant of licence for private market or slaughter­house. \r\n145 Penalty or keeping market or slaughter­house open without licence, etc. \r\n146 Prohibition and restriction of use of slaughter­houses. \r\n147 Power to inspect slaughter­house. \r\n148 Power to make bye­laws. \r\n149 Bye­laws for articles of food and drink. \r\n150 Milk supply. \r\n151 Feeding animals on dirt, etc. \r\nTRADES AND OCCUPATIONS \r\n152 Powers of entry and seizure. \r\n153 Licences required for carrying on of certain occupations. \r\n154 Conditions which may be attached to licences. \r\n155 Power to vary licence. \r\n156 Carrying on trade, etc; without licence or in contravention of section 155. \r\n \r\nPage 8 of 122  \r\nANIMALS  \r\n157 Prohibition of picketing or tethering in streets. \r\n158 Prohibition against keeping and maintaining cattle. \r\n159 Dangerous animals. \r\n160 Disposal of carcasses. \r\n161 Registration of the sale of the animals or cattle. \r\n162 Cattle shows, zoo, etc. \r\nANIMAL TRESPASS \r\n163 Power to seize. \r\n164 Pounds. \r\n165 Pound keepers. \r\n166 Registers and returns. \r\n167 Possession and feeding. \r\n168 Fines for impounded animals. \r\n169 Delivery or sale of animals. \r\n \r\nCHAPTER XV \r\nSPATIAL PLANNING, BUILDING AND LAND USE CONTROL, STREETS, TREES ETC. \r\nPLANNING \r\n170 Spatial plan. \r\n171 Site development schemes. \r\n172 Execution of site development schemes. \r\nBUILDING AND LAND USE CONTROL  \r\n173 Sanction of buildings. \r\n174 Notice for new buildings. \r\n175 Conditions of valid notice. \r\n176 Power to sanction or refuse. \r\n177 Compensation. \r\n178 Lapse of sanction. \r\n179 Period for completion of building. \r\n180 Illegal erection and re­erection. \r\n181 Completion of building or alteration of buildings. \r\n182 Orderly use of buildings. \r\n \r\nPage 9 of 122  \r\n183 Projections and obstructions. \r\n184 Unauthorized buildings over drains, etc. \r\n185 Power to attach brackets for lamps. \r\n186 Power to make bye­laws. \r\nENCROACHMENTS \r\n187 Encroachment and subsisting lease and licences. \r\n \r\nSTREETS AND STREET LIGHTENING \r\n188 Public streets. \r\n189 Streets. \r\n190 Street lighting and electrification. \r\n191 Street watering. \r\n192 Boundary walls, hedges and fences. \r\nARBORICULTURE   \r\n193 Arboriculture. \r\n194 Forests. \r\n195 Nuisance pertaining to trees and plantations. \r\n196 Felling, lopping and trimming of trees. \r\nOPEN SPACES  \r\n197 Gardens. \r\n198 Parks and open spaces. \r\nLAND USE  \r\n199 Digging of public land. \r\n200 Improper use of land. \r\n \r\nCHAPTER XVI \r\nWATER SUPPLY AND DRAINAGE. \r\nWATER SUPPLY  \r\n201 Water supply. \r\n202 Private source of water supply. \r\n203 Public watercourses. \r\n204 Tanks, ponds and low­lying areas. \r\nDRAINAGE AND SEWERAGE  \r\n \r\nPage 10 of 122  \r\n205 Drainage. \r\n206 Drainage and sewerage schemes for commercial and industrial area. \r\n207 Drainage and sewer connections. \r\n \r\nCHAPTER XVII \r\nENTRY, INSPECTION AND PROCEDURE \r\nENTRY AND INSPECTION \r\n208 Power of entry. \r\n209 Power of inspection, etc. \r\n210 Power to enter land adjoining land where work is in progress. \r\n211 Breaking into premises. \r\n212 Entry to be made in the day time. \r\n213 Owner's consent ordinarily be obtained. \r\n214 Regard to be had to social and religious usages. \r\n \r\nCHAPTER XVIII \r\nOFFENCES AND PUNISHMENTS \r\n215 Offences. \r\n216 Notices and authorisation. \r\n217 Cognizance of offences. \r\n218 Summary disposal of cases. \r\n219 Punishments and penalties. \r\n220 Compounding of offences. \r\n221 Rights of citizen not affected. \r\n \r\nCHAPTER XIX \r\nROLE OF POLICE IN CANTONMENTS \r\n222 Duties of Police Officers. \r\n223 Responsibilities of Police Oficers under the Police Order. \r\n \r\n \r\n \r\n \r\n \r\n \r\nPage 11 of 122  \r\nCHAPTER XX \r\nCONTROL OF ANTI-SOCIAL AND SEDITIOUS PERSONS \r\n224 Power to remove brothels and prostitutes. \r\n225 Penalty for loitering and importuning for purposes of prostitution. \r\n226 Removal of lewd persons from cantonment. \r\n227 Removal and exclusion from cantonment of disorderly persons. \r\n228 Removal and exclusion from cantonment of seditious persons. \r\n229 Penalty. \r\nCHAPTER XXI  \r\nFINANCE \r\n230 Establishment of Funds and Public Accounts. \r\n231 Custody of Funds. \r\n232 Transfer of Funds from the Government. \r\n233 Provision of data to Federal Government. \r\n234 Application of funds. \r\n235 Charged Expenditure. \r\n236 Budget preparation. \r\n237 Approval of budget. \r\n238 Honoraria and allowances. \r\n239 Form of accounts. \r\n240 Accounts Officer.  \r\n241 Audit. \r\n242 Internal Audit. \r\n243 Taxes to be levied. \r\nPROPERTY TAX \r\n244 Levy of property tax. \r\n245 Exemptions. \r\n246 General power of exemption. \r\n247 Exemption of poor persons. \r\n248 Incidence of taxation. \r\n249 Determination annual rental value. \r\n250 Assessing Authority. \r\n \r\nPage 12 of 122  \r\n251 Preparation of assessment list. \r\n252 Publication of assessment list. \r\n253 Revision of assessment list. \r\n254 Authentication of assessment list. \r\n255 Evidentiary value of assessment list. \r\n256 Amendment of assessment list. \r\n257 Preparation of new assessment list. \r\n258 Notice of transfers. \r\n259 Notice of erection of buildings. \r\n260 Demolition of buildings, etc. \r\n261 Remission of tax in certain cases. \r\n262 Power to require entry in assessment list of details of buildings. \r\n263 Notice to be given of the circumstances in which remission or refund is \r\nclaimed. \r\n264 Notice to be given of every occupation of vacant building or house. \r\n265 Appeals from orders. \r\n266 Revision. \r\n267 Tax to be levied notwithstanding appeal. \r\n268 Recovery of tax from tenants. \r\n269 Penalty for default in payment. \r\n270 Recovery of unpaid dues. \r\n271 Powers of Assessing Authority to require returns for assessment list. \r\n272 Valuation list not to be rendered invalid by certain failure or omission. \r\n273 Bar of jurisdiction. \r\n274 Award for collection of property tax. \r\n275 Collection of taxes. \r\n276 Bottom up planning. \r\n277 Cantonment administrations not to incur debt. \r\n278 Delegation of powers. \r\n \r\nCHAPTER XXII \r\nMISCELLANEOUS \r\n279 Social welfare and community development. \r\n \r\nPage 13 of 122  \r\n280 Culture. \r\n281 Libraries. \r\n282 Fairs and shows. \r\n283 Complaint cell. \r\n284 Servants of local governments in Cantonments. \r\n285 Training. \r\n286 Appeals. \r\n287 Power to make rules. \r\n288 Power to make bye­laws. \r\n289 Members and servants deemed to be public servants. \r\n290 Action taken in good faith. \r\n291 General powers of local government. \r\n292 Delegation of powers. \r\n293 Validity of notices and other documents. \r\n294 Cantonment Administration, etc, deemed to municipalities. \r\n295 Management of lands in bazaar areas. \r\n296 Resolution of disputes. \r\n297 Action in case of non­compliance. \r\n298 Notice to be given of suits. \r\n299 Repeals and savings. \r\n300 Removal of difficulties. \r\nTHE FIRST SCHEDULE \r\n \r\nTHE SECOND SCHEDULE \r\n \r\nTHE THIRD SCHEDULE \r\n \r\nTHE FOURTH SCHEDULE \r\n \r\nTHE FIFTH SCHEDULE \r\n \r\n \r\n \r\n \r\n \r\nPage 14 of 122  \r\nTHE CANTONMENTS ORDINANCE, 2002 \r\nORDINANCE NO. CXXXVII OF 2002 \r\n[3rd December, 2002] \r\n \r\nAn Ordinance to consolidate and amend the law relating to cantonments and to reconstruct and \r\nregulate local­self government in the cantonment areas \r\nWHEREAS it is expedient to consolidate and amend the law relating to cantonments and to  \r\nreconstruct and regulate local self-government in the cantonment areas and to provide for matters  \r\nconnected therewith or ancillary thereto; \r\n \r\nAND WHEREAS the President is satisfied that circumstances exist which render it necessary to take \r\nimmediate action; \r\n \r\nNOW, THEREFORE, in pursuance of the Proclamation of Emergency of the fourteenth day of  \r\nOctober, 1999, and the Provisional Constitution Order No. 1 of 1999, read with the Provisional  \r\nConstitution (Amendment) Order No. 9 of 1999, and in exercise of all powers enabling him in that  \r\nbehalf the President of the Islamic Republic of Pakistan is pleased to make and pro mulgate the  \r\nfollowing Ordinance:­ \r\n \r\nCHAPTER I  \r\nPRELIMINARY \r\n1.  Short title, extent and commencement.— (1) This Ordinance may be called the \r\nCantonments Ordinance, 2002. \r\n \r\n(2) It extends to the whole of Pakistan. \r\n \r\n(3) The Federal Government may, by notification in the official Gazette, direct that this \r\nOrdinance, or any provisions thereof which it may specify, shall come into force on such *date \r\nas it may appoint in this behalf. \r\n \r\n2.  Definitions.— In this Ordinance, unless there is anything repugnant in the subject or \r\ncontext,— \r\n \r\n(i) “Armed forces ” means forces governed by the Pakistan Army Act, 1952 \r\n(XXXIX of 1952), the Pakistan Navy Ordinance, 1961 ( XXXV of 1961) or the \r\nPakistan Air Force Act, 1953 (VI of 1953); \r\n \r\n(ii) “Assessing Authority ” means the Cantonment Administrative Officer or a \r\nCantonment Officer designated by him as such; \r\n \r\n(iii) “Assistant Health Officer” means a medical officer appointed by the Board to be \r\nthe Assistant Health Officer for the cantonment; \r\n \r\n \r\n*Clauses (XIII) and (XLIV) of s. 2 and s. 10, 11, 17, 57 to 62, 64, 65, 67 to 88 shall come into force .w.e.f., 1­7­2003 vide SRO No. 686(I) \r\n103, date 03­07­2003. \r\n \r\nPage 15 of 122  \r\n(iv) “Board” means Cantonment Board constituted under this Ordinance; \r\n \r\n(v) “body corporate” means a body having perpetual succession and a common seal \r\nwith power to acquire and hold moveable and immoveable property, and transfer \r\nany property held by it, and enter into any contract and may sue and be sued in \r\nits name; \r\n \r\n(vi) “budget” means an official statement of estimated receipts and expenditure for \r\na financial year; \r\n \r\n(vii) “building'' includes any shop, house, hut, outhouse, shed, stable or enclosure \r\nbuilt of any  material and used for any purpose, and also includes wall, well, \r\nveranda, platform, plinth, ramp and steps; \r\n \r\n(viii) “building line” means a line beyond which the outer face or any part of external \r\nwall of  a building does not project in the direction of any street, existing or \r\nproposed; \r\n \r\n(ix) “bye­laws” means the bye­laws made under this Ordinance; \r\n \r\n(x) “cantonment” means a cantonment a declared as such under the Cantonments \r\nAct, 1924 (II of 1924), or under this Ordinance; \r\n \r\n(xi) “Cantonment Administrator” means the Officer Commanding the station as head \r\nof the Cantonment Administration; \r\n \r\n(xii) “Cantonment Administration” includes the Cantonment Administrator and \r\nofficials and employees of the Cantonment Administration; \r\n \r\n(xiii) “Cantonment Administrative Officer ” means an officer appointed by the \r\nGovernment to assist the Cantonment Administrator in matters of Cantonment \r\nAdministration; \r\n \r\n(xiv) “Cantonment Fund” means fund of a Cantonment Administration raised from its \r\nown local or other sources; \r\n \r\n(xv) “Competent Authority” means the Chief of the Army Staff or any other officer \r\nappointed by the Government to b e Competent Authority in respect of one or \r\nmore cantonments including the cantonments where more than one armed forces \r\nare stationed; \r\n \r\n(xvi) “Corps Commander” means the Commander of Corps area into which Pakistan \r\nfor army  purposes, is for the time being divided and for naval and airforce \r\ncantonments means an officer of equivalent command; \r\n \r\n(xvii) “Council” means a Union Council constituted under this Ordinance; \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\nPage 16 of 122  \r\n(xviii) “dairy” includes any farm, cattle­shed, milk store, milkshop or other place where \r\nmilk is kept for purposes of sale or is manufactured for sale into butter, ghee, \r\ncheese, or curds,  and in relation to a dairy­man who does not occupy any \r\npremises for the sale of milk, includes any place where he keeps the vessels used \r\nby him for the storage or sale of milk; \r\n \r\n(xix) “dairy­man” includes the keeper of a cow, buffalo, goat or other animal, the milk \r\nof which is offered or intended to be offered for sale for human consumption, or \r\nany purveyor of milk and any occupier of dairy; \r\n \r\n(xx) “Director” means Director Military Lands and Cantonments and person appointed \r\nby the Federal Government from the officers of Military Lands and Cantonments \r\nGroup for the  purpose of this Ordinance to assist and advise the Services \r\nHeadquarters, Corps Commanders of Pakistan Army and officers of equivalent \r\nrank or appointment for Naval  and Air Force Cantonments who will act as a \r\ncoordinator between three Service Headquarters and between Serv ices \r\nHeadquarters and Federal Government will act on  behalf of Government \r\nregarding service matters, disciplinary cases and inquiries of officers of Military \r\nLands and Cantonments Group and for such other  matters as it may be decide \r\nand exercise such power s as are delegated by the Director General Military  \r\nLands and Cantonments; \r\n \r\n(xxi) “Director­General” means Director­General Military Lands and Cantonments \r\nDepartment; an attached department in the Ministry of Defence who will be \r\nHead of the Local Government in Cantonments and exercise such other powers \r\nas may be delegated by the Federal Government; \r\n \r\n(xxii) “disaster” includes famine,  flood, cyclone,  fire, earthquake,  drought, and  \r\ndamages caused by force majeure; \r\n \r\n(xxiii) “drain” includes a sewer, a house drain or a drain of any other description, used \r\nfor carrying sullage or rain water; \r\n \r\n(xxiv) “elector” means a person whose name appears on the electoral rolls prepared \r\nunder section 64; \r\n \r\n(xxv) “Garrison Commander” means a Corps Commander or a Division Commander, \r\nor any other officer appointed as such by the Competent Authority and in case \r\nof more than one service cantonment the Garrison Commander appointed by the \r\nFederal Government; \r\n \r\n(xxvi) “Government” means the Federal Government; \r\n \r\n(xxvii) “Health Officer ” means the senior executive medical officer in military \r\nemployment and in on duty in a cantonment; \r\n \r\n(xxviii)“infectious or contagious disease ” means cholera, leprosy, enteric fever, \r\nsmallpox, tuberculosis, diarrhoea, plague, influenza, venereal disease and any \r\nother epidemic, endemic or infectious disease, which the Government, may, by \r\nnotification in the official  Gazette declare to be an infectious or contagious \r\ndisease for purposes of this Ordinance; \r\n \r\n \r\nPage 17 of 122  \r\n(xxix) “land” includes vacant land or on which any structure has been raised or is being \r\nraised or is, covered with water or is under cultivation or is fallow or is barren \r\nand, in relation to a town improvement scheme includes land as defined in clause \r\n(a) of section 3 of the Land Acquisition Act 1894 (1 of 1894); \r\n \r\n(xxx) “local area” means an area specified in section 10; \r\n \r\n(xxxi) “local governments” in relation to a cantonment as bodies corporate, includes—                \r\n \r\n(a) a Cantonment Board and Cantonment Administration; and \r\n \r\n(b) a Union Council and a Union Administration. \r\n \r\n(xxxii) “Maintenance Engineer” means the Public Works Officer of that grade, or the \r\nofficer of the Military Engineer  Services of  the corresponding grade,  having \r\ncharge of the military works in a cantonment or, where more than one officer has \r\ncharge of the military  works in a cantonment, such one of those officers as the \r\nOfficer Commanding the station may designate in this behalf, and includes the \r\nofficer of whatever grade in im mediate executive engineering charge of a \r\ncantonment; \r\n \r\n(xxxiii) “market” includes any place where persons assemble for the purpose of selling \r\nmeat, fruit, vegetables, livestock or any other article of food or any place notified \r\nas market under this Ordinance or any other law for the time being in force; \r\n \r\n(xxxiv) “member” means an elected or a nominated member of a Union Council, or the \r\nBoard, as the case may be; \r\n \r\n(xxxv) “Military Estate Officer ” means the officer appointed by the Federal \r\nGovernment to  perform the duties of the Military Estate Officer under this \r\nOrdinance; \r\n \r\n(xxxvi) “muaziaat or de hs” means revenue estates declared as such under the Local \r\nRevenue Act, 1967 (W.P. Act XVII of 1967); \r\n \r\n(xxxvii) “municipal offences” means the offences specified in the Third Schedule; \r\n \r\n \r\n(xxxviii) “municipal services” include water supply, sanitation, conservancy; removal \r\nand disposal of sullage, refuse, garbage, sewer or storm water, solid or liquid \r\nwaste; drainage, and public toilets; express ways, bridges, flyovers, public roads, \r\nstreets, foot paths, traffic  signals, pavements and lighting thereof,  public parks,  \r\ngardens, arboriculture, landscaping, bill boards, hoardings, fire fighting, land use \r\ncontrol, zoning, master planning, classification, declassification or \r\nreclassification of commercial or residential areas, markets, housing, urban \r\ninfrastructure, environment and construction, maintenance and  development \r\nthereof and enforcement of any law, rule or bye­law relating thereto; \r\n \r\n(xxxix) “Naib Nazim” means, Naib Union Nazim; \r\n \r\n(xl) “Nazim” means Union Nazim; \r\n \r\n \r\nPage 18 of 122  \r\n(xli) “nuisance” includes any act, place or thing which causes or is likely to cause \r\ninjury, danger, annoyance or offence to the sense of sight, smell, hearing or which \r\ndisturbs rest or sleep or which is or may be dangerous to life, injurious to health \r\nor property; \r\n \r\n(xlii)  “occupier” includes an owner in occupation of, or otherwise using his own land \r\nor building; \r\n \r\n(xliii)  “Officer Commanding the station” means the armed forces officer nominated by \r\nthe Competent Authority to be the Officer Commanding the station for purposes \r\nof this Ordinance; \r\n \r\n(xliv)  “owner” includes any person who is receiving or is entitled to receive the rent of \r\nany building or land whether on his own account or on behalf of himself and \r\nothers or an agent or trustee, or who would so receive the rent or to be entitled \r\nto receive it if the building or land were let to a tenant; \r\n \r\n(xlv)  “party wall” means a wall forming part of a building and used or constructed to be \r\nused for the support or separation of adjoining buildings belonging to different  \r\nowners, or constructed or adapted to be occupied by dif ferent persons; \r\n \r\n(xlvi)  “peasant” means a person who is landless farm worker or one who during the \r\nperiod of five years preceding the year in which election is held, has been the \r\nowner of not more  than five acres of land and depends directly on it for \r\nsubsistence; \r\n \r\n(xlvii)  “prescribed” means prescribed by rules made under this Ordinance;  \r\n \r\n(xlviii)  “President” means President of the Board; \r\n \r\n \r\n(xlix)  “public place” means any building, premise or place to which the public have \r\naccess; \r\n \r\n(l)  “rent” means whatever is lawfully payable in money or kind by a tenant or lessee \r\non account of the occupation of any building or land or use of any machinery, \r\nequipment or vehicle; \r\n \r\n(li)  “resident” means a person deemed to reside in a cantonment if he maintains \r\ntherein a  house or a portion of the  house which is at  all times available for \r\noccupation by himself or  his family even  though he may himself reside  \r\nelsewhere; provided that he has not abandoned all intentions of again occupying \r\nsuch house either by himself or his family; \r\n \r\n(lii)  “Schedule” means a schedule to this Ordinance; \r\n \r\n(liii)  “slaughter house” means any place ordinarily used for the slaughter of animals \r\nfor the purpose of selling the flesh thereof for human consumption; \r\n \r\n(liv) “street” includes any way, road lane, square, court, alley or passage in a \r\ncantonment whether a thoroughfare or not and whether built upon or not, over \r\nwhich the public have a right of way and also the road way or foot way; \r\n \r\nPage 19 of 122  \r\n(lv) “street line” means a line dividing the land and forming part of a street from \r\nadjoining land; \r\n \r\n(lvi) “tax” for purposes of imposition and  recovery includes taxes, toll or  other \r\nimpost leviable under this Ordinance; \r\n \r\n(lvii)  “Union” means a local area notified as such under section 11; \r\n \r\n(lviii) “Union Administration” includes the Union Nazim, Union Naib Nazim, Union \r\nSecretaries and employees of the Union; \r\n \r\n(lix)  “Vice­President” means the Vice­President of the Board; \r\n \r\n(lx)  “water reservoir” includes a spring, well, tube well, pond, tank, water course, \r\nculvert and any channel used for supplying water other than canal, river, lake or \r\nstream; \r\n \r\n(lxi)  “work” also includes a survey whether incidental to any other work or not ; and \r\n \r\n(lxii)  “worker” means a person directly engaged in work or is dependent on personal \r\nlabour for subsistence and includes a worker as defined in the Industrial \r\nRelations Ordinance, 2002 (XCI of 2002). \r\n \r\n_______________ \r\n \r\nCHAPTER II \r\n \r\nDECLARATION OF CANTONMENTS AND DELIMITATION OF LOCAL AREAS \r\n \r\n3.  Definition of cantonments.⸻ (1) The Government may, by notification in the official \r\nGazette, declare any place or places in which any part of the armed forces of Pakistan is quartered or \r\nwhere defence installations or defence production units are located or which, being in the vicinity of \r\nany such place or places, is or are required for the service of such forces to be a cantonment for purposes \r\nof this Ordinance and of all other enactments for the time being in force, and may, by a like notification, \r\ndeclare that any cantonment shall cease to be a cantonment: \r\n \r\nProvided that any Cantonment declared or notified under any law for the time being in force \r\nimmediately before the commencement of this Ordinance shall continue to retain such status and shall \r\nbe deemed to have been notified as such under this Ordinance. \r\n \r\n(2)  The Government may, by a like notification, define the limits of any cantonment for the \r\naforesaid purposes. \r\n \r\n(3)  When any place is declared a cantonment for the first time, the Government may, until a \r\nlocal government is constituted in accordance with the provisions of this Ordinance, by order make any \r\nprovision which appears necessary to it either for the administration of the cantonment or for the \r\nconstitution of the local government. \r\n \r\n(4)  The Government may, by notification in the official Gazette, direct that in any place \r\ndeclared a cantonment under sub­section (1) the provisions of any enactment relating to local \r\ngovernment other than this Ordinance shall have effect only to such extent or subject to such \r\nmodifications, or that any authority constituted under any such enactment shall exercise authority only \r\nto such extent, as may be specified in the notification. \r\n \r\nPage 20 of 122  \r\n4.  Alteration of limits of cantonments.⸻ (1) The Government may, by notification in the \r\nofficial Gazette, declare its intention to include within a cantonment any local area outside cantonment \r\nsituated in the vicinity thereof or to exclude from a cantonment any local area comprised therein. \r\n \r\n(2)  The Government may, by notification in the official Gazette, create a new cantonment by \r\nbifurcating any existing cantonment. \r\n \r\n(3)  Any inhabitant of a cantonment or local area in respect of which a notification has been \r\npublished under sub­section (1) may, within six weeks from the date of the notification, submit in \r\nwriting to the Government through the Competent Authority an objection to the notification, and the \r\nGovernment shall take such objection into consideration. \r\n \r\n(4)  On the expiry of six weeks from the date of the notification, the Government may, after \r\nconsidering the objections, if any, which have been submitted under sub­section (2), by notification in the \r\nofficial Gazette, include the local area in respect of which the notification was published under \r\nsub­section (1), or any part thereof, in the cantonment or, as the case may be, exclude such area or \r\nany part thereof from the cantonment. \r\n \r\n5.  Effect of including area in cantonment.⸻ (1) When, by a notification under section 4, any \r\nlocal area outside cantonment is included in a cantonment, such area shall thereupon become subject \r\nto this Ordinance and to all other enactments for the time being in force throughout the cantonment and \r\nto all notifications, rules, bye­laws, orders and directions issued or made thereunder, on a date notified \r\nby the Government. \r\n \r\n(2)  When by a notification under section 4, any area as mentioned in sub­section (1) is included \r\nin a cantonment, the local fund or portion of local fund or other property of the concerned local \r\ngovernment shall vest in the Cantonment Administration and the liabilities of the concerned local \r\ngovernment shall also be transferred to the Cantonment Administration. \r\n \r\n6.  Disposal of cantonment fund when area ceases to be a cantonment.⸻(1) When, by a \r\nnotification under section 3, any cantonment ceases to be a cantonment and the local area comprised \r\ntherein is placed under the control of concerned local government, the balance of the cantonment fund \r\nand other property vesting in Cantonment Administration shall vest in the concerned local government, \r\nand the liabilities of the Cantonment Administration shall also be transferred to the concerned local \r\ngovernment. \r\n \r\n(2)  When, in like manner, any cantonment cases to be a cantonment and the local area \r\ncomprised therein is not immediately placed under the control of the concerned local government, the \r\nbalance of the cantonment fund and other property vesting in Cantonment Administration shall vest in \r\nGovernment and the liabilities of Cantonment Administration shall be transferred to the Government. \r\n \r\n7.  Disposal of cantonment fund when area ceases to be a part of cantonment. When, by a \r\nnotification under section 4, any local area forming part of a cantonment ceases to be under the control \r\nof a Cantonment Administration and is placed under the control of concerned local government, such \r\nportion of the cantonment fund and other property vesting in the Cantonment Administration and such \r\nportion of the liabilities of the Cantonment Administration, as the Government may, by general or \r\nspecial order, direct, shall be transferred to the concerned local government: \r\n \r\nProvided that if any local area forming part of a cantonment ceases to be under the control of \r\nCantonment Administration and is not immediately placed under the control of the concerned local \r\ngovernment, such portion of the cantonment fund and other property vesting in the Cantonment \r\nAdministration shall vest in Government and such portion of the liabilities of the Cantonment \r\nAdministration shall be transferred to the Government, as the Government may, by general or special \r\norder, direct. \r\n \r\nPage 21 of 122  \r\n8.  Application of funds and property transferred under section 6 or 7. Any cantonment \r\nfund or portion of a cantonment fund or other property of Cantonment Administration vesting in \r\nGovernment under the provisions of section 6 or section 7 shall be applied in the first place to satisfy \r\nany liabilities of the Cantonment Administration transferred under such provisions to the Government, \r\nand in the second place for the benefit of the inhabitants of the local area which has ceased to be a \r\ncantonment or, as the case may be, part of a cantonment. \r\n \r\n9.  Limitation of operation of Ordinance. The Government may, by notification in the official \r\nGazette, exclude from the operation of any part of this Ordinance, the whole, or any part of a \r\ncantonment. \r\n \r\nLOCAL AREAS \r\n \r\n1[10.  Local areas. For the purposes of this Ordinance, local area shall be the whole of \r\ncantonment.] \r\n \r\n1[11.  Delimitation of wards of a cantonment.⸻(1) The Election Commission shall delimit a \r\ncantonment into wards in such a way that the number of wards is equal to the number of members to \r\nbe elected on general seats of a Cantonment Board specified under section 13A of the Cantonments \r\nAct; 1924 (II of 1924). \r\n \r\n(2) For the purposes of delimitation of wards of a cantonment, \r\n \r\n(a)  a ward shall consist of a village or revenue estate or census block or adjoining \r\ncensus blocks as determined for purposes of the last preceding census or \r\ndelimited and notified as such by the Election Commission; \r\n \r\n(b)  the boundaries, of a ward shall not cross the limits of the cantonment; and \r\n \r\n(c)  the population of wards within a cantonment shall, as far as possible, be uniform. \r\n \r\n(3)  The wards of a cantonment shall be delimited in accordance with this Ordinance and the \r\nrules made thereunder. As far as possible, principles of delimitation as laid down under the Delimitation of \r\nConstituencies Act, 1974 (XXXIV of 1974), the rules made thereunder or any other law for the time \r\nbeing in force shall be followed.] \r\n \r\n12.  Local Governments for local areas. There shall be a local government for each local area \r\ncomprising⸻ \r\n \r\n(a)  Cantonment Administration and Cantonment Board in, each Cantonment; and \r\n \r\n(b)  Union Administration and Union Council in each Union, of a cantonment. \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n1Subs. by Act XX of 2015, ss-2­3. \r\n \r\nPage 22 of 122 \r\n \r\nCHAPTER III \r\n \r\nCANTONMENT ADMINISTRATION \r\n \r\n13.  Cantonment Administrator.⸻ (1) The President shall exercise the powers and perform \r\nthe functions as Cantonment Administrator. \r\n \r\n(2)  Besides exercising supervision and control over the financial, executive, and administrative \r\nmatters of the Cantonment Administration, his other functions shall be \r\n \r\n(a)  to provide vision and direction for efficient municipal functioning; \r\n \r\n(b)  to formulate strategies for development of municipal infrastructure and \r\nimprovement of delivery of the municipal services in the cantonment; \r\n \r\n(c)  to oversee formulation of the long term and annual municipal development \r\nprogrammes; \r\n \r\n(d)  to oversee the delivery of services by the Cantonment Administration and \r\nimplementation of the laws governing the municipal services; \r\n \r\n(e) to supervise the utilization of the funds allocated to the Cantonment \r\nAdministration and to ensure their proper accounting; and \r\n \r\n(f)  to establish and supervise the working of the Internal Audit Office. \r\n \r\n(3) The Cantonment Administrator may, in case of emergency direct the execution of any work \r\nor the doing of any act which would ordinarily require the sanction of the Board and the immediate \r\nexecution or doing of which, in his opinion, is necessary for the service or safety of the public, and may \r\ndirect that the expense of executing such work or doing such act shall be paid from the cantonment \r\nfund: \r\n \r\nProvided that such action shall be reported to the Board. \r\n \r\n14. Composition of Cantonment Administration. In every cantonment there shall be a \r\nCantonment Administration which shall consist of Cantonment Administrator, Cantonment \r\nAdministrative Officer, Cantonment officers, and officials of the offices entrusted to the Cantonment \r\nAdministration. \r\n \r\n15. Structure of Cantonment Administration.⸻(1) The Cantonment Administrator shall be \r\nthe head the Cantonment Administration. \r\n \r\n(2) Subject to sub­section (3), the Cantonment administrative officer shall act as coordinating \r\nand administrative officer­in­charge of the following Cantonment Officers, namely:⸻ \r\n \r\n(a)  Cantonment Officer (Municipal Regulations) who shall be responsible for \r\nlicensing management of cantonment lands estates, properties, facilities and \r\nenterprises and enforcement of relevant cantonment laws, rules and bye­laws. \r\n \r\n(b)  Cantonment officer (Infrastructure and Services) who shall be responsible for \r\nwater, sewerage, sanitation, roads other than Government and private roads, \r\nstreets and street lighting, fire­fighting, and park services. \r\n \r\nPage 23 of 122 \r\n \r\n(c)  Cantonment Officer (Planning) who shall be responsible for spatial planning and \r\nland use control, building control, and coordination of development plans and \r\nprojects with Union Administration. \r\n \r\n(d)  Cantonment Officer (Finance) who shall be responsible for budget, revenue and \r\naccounts. \r\n \r\n(3) The Government may reduce the number of Cantonment Officers by combining above \r\nfunctions if the situation so warrants, in a particular Cantonment. \r\n \r\n16. Functions and powers of Cantonment Administration.⸻(1) The functions and powers of \r\nthe Cantonment Administration shall be to \r\n \r\n(i)  prepare spatial plans for the cantonment in collaboration with Union \r\nAdministration, including plans for land use, zoning and related functions for \r\nwhich the Cantonment Administration is responsible; \r\n \r\n(ii)  seek approval of the Cantonment Board to the spatial plans prepared by it after \r\ndue process of dissemination and public enquiry, incorporating modifications on \r\nthe basis of such inquiry; \r\n \r\n(iii)  execute and manage development plans of the cantonment; \r\n \r\n(iv)  exercise control over land­use, land sub­division, land development and zoning \r\nby public and private sectors for any purpose, including for agriculture, industry, \r\ncommerce, markets, shopping and other employment centres, residential, \r\nrecreation, parks, entertainment, passenger and transport freight and transit \r\nstations; \r\n \r\n(v)  exercise building control; \r\n \r\n(vi)  enforce all municipal laws, rules and bye­laws governing its functioning; \r\n \r\n(vii)  prevent and remove encroachments: \r\n \r\n(viii)  regulate affixing of sign­boards and advertisements; \r\n \r\n(ix)  provide, manage, operate, maintain and improve the municipal infrastructure \r\nand services, including⸻ \r\n \r\n(a)  water supply and control and development of water sources, other than \r\nsystem maintained by the Union Administration; \r\n \r\n(b)  sewage and sewage treatment and disposal; \r\n \r\n(c)  storm water drainage; \r\n \r\n(d)  sanitation and solid waste collection and sanitary disposal of solid, liquid, \r\nindustrial and hospital wastes; \r\n \r\n(e)  roads and streets, other than roads falling under the jurisdiction of, and \r\nmaintained by, the Government, Provincial Government, District \r\nGovernment or the agencies controlled by them and streets maintained \r\nby the Union Administration; \r\n \r\n \r\nPage 24 of 122 \r\n \r\n(f)  traffic planning, engineering and management including trafic signalling \r\nsystem, signs on roads, street markings, parking places, transport \r\nstations, stops, stands and terminals; \r\n \r\n(g)  street lighting; \r\n \r\n(h)  fire fighting; \r\n \r\n(i)  parks, play grounds, public places, open spaces and arboriculture; \r\n \r\n(j)  slaughter houses; \r\n \r\n(k)  regulating animal trespass and establish cattle pounds: and \r\n \r\n(l)  providing and maintaining places of burial and cremation: \r\n \r\n(x)  compile information provided by Union Administration of prioritised projects in \r\nthe cantonment; \r\n \r\n(xi)  prepare budget, including annual financial requirements of the Union \r\nAdministration, long term and annual municipal development programmes in \r\ncollaboration with the Union Administration; \r\n \r\n(xii)  release allocations to Union Administration for their financial requirements as \r\nper the approved budget; \r\n \r\n(xiii)  maintain, with the assistance of the Union Administration, a comprehensive data \r\nbase and information system for Cantonment Administration and provide public \r\naccess to it on nominal charges; \r\n \r\n(xiv)  propose taxes, cess, user fees, rates, tolls, charges, levies and duties under the \r\nFirst Schedule for approval of the Board and notify the same in the official \r\nGazette after such approval; \r\n \r\n(xv)  collect approved taxes, cess, user fees, rates, rents, tolls, charges, duties, fines \r\nand penalties; \r\n \r\n(xvi)  organize sports, culture, recreational events, fairs and shows; \r\n \r\n(xvii)  co­ordinate and support municipal functions amongst Unions: \r\n \r\n(xviii)  regulate markets and services and issue licences, permits, grant permissions and \r\nimpose penalties for violation thereof as and where applicable; \r\n \r\n(xix)  manage properties, assets and funds vested in the Cantonment Administration; \r\n \r\n(xx)  develop and manage schemes, including site development schemes in \r\ncollaboration with Union Administration; \r\n \r\n(xxi)  authorise an officer or officers to issue notice to a person committing any \r\nmunicipal offence and initiate legal proceedings for continuance of commission \r\nof such offence or for failure to comply with the directions contained in such \r\nnotice; \r\n(xxii)  prosecute, sue and follow up criminal, civil and recovery proceedings against \r\n \r\nPage 25 of 122 \r\n \r\nviolators of municipal laws in the courts of competent jurisdiction; \r\n \r\n(xxiii) authorise an officer to take action in matters of urgency like removal of \r\nencroachments, and other such subjects as may be decided by the Cantonment \r\nAdministration; \r\n \r\n(xxiv)  maintain municipal records and archives; \r\n \r\n(xxv)  prepare financial statements and present them for internal and external audit in \r\nthe manner as may be prescribed; \r\n \r\n(xxvi)  without disturbing the existing arrangement, persuade the District Government \r\nto meet its statutory obligation of opening and maintaining educational \r\ninstitutions for the needs of civil population of the cantonment, and also to \r\nencourage other organisations for similar action; \r\n \r\n(xxvii) to establish and maintain health facilities in the shape of dispensaries and \r\nhospitals with the approval of the Government; and \r\n \r\n(xxviii) carry out inspection of Union Administration. \r\n \r\n(2) The Cantonment Administration may,⸻ \r\n \r\n(a)  assign or contract out, on such terms and conditions as are approved by the Board \r\nand after inviting public objections, any of its functions to any public­private, \r\npublic or private organization: \r\n \r\nProvided that responsibility for discharge of such functions shall \r\ncontinue to vest with the Cantonment Administration. \r\n \r\n(b)  on such terms and conditions as are mutually agreed, transfer its functions and \r\nresponsibilities with regard to providing municipal services to the Union \r\nAdministration: \r\n \r\nProvided that no function or responsibility shall be transferred without \r\nallocation of corresponding resources and funds: \r\n \r\nProvided further that the responsibility to regulate and monitor such \r\nfunctions and services shall remain with the Cantonment Administration. \r\n(c)  with funds raised through voluntary contributions or external grant, but without \r\nrecourse to additional enhanced taxation, user charges or fees or recourse to any \r\nother sources of public funds and without incurring debt of any nature, undertake \r\nany development project; \r\n \r\n(d)  with the approval of the Government and concerned regulatory authorities of the \r\nGovernment set­up, acquire, manage and operate any commercial activity on a \r\nself­ financing basis with no liability to the public exchequer; and \r\n \r\n(e)  set­up a corporate body to perform any of its functions, singly or jointly with \r\nother public or private bodies: \r\n \r\nProvided that responsibility for discharge of such functions shall \r\ncontinue to be with the Cantonment Administration. \r\n \r\n \r\nPage 26 of 122 \r\n \r\n1[17.*  *  *  *  *  *  *] \r\n \r\n  18. Source of induction of officers. The Cantonment Administrative Officer and Cantonment \r\nOfficers shall be appointed by the, Government from amongst the officers of Pakistan Military Lands  \r\nand Cantonments Group in such manner as may be prescribed: \r\n \r\nProvided that if no  suitable officer  of technical nature from the  above mentioned group is  \r\navailable, for the post of a Cantonment Officer, the Government may appoint an officer on deputation \r\nfrom other departments of the Government, Provincial Government or organizations controlled by the \r\naforesaid Governments. \r\n \r\n19. Cantonment Officer. The functions and powers of the Cantonment Officer of the \r\nCantonment Administration shall be to⸻ \r\n \r\n(a) ensure that the business of the office under his administrative control is  carried \r\nout in accordance with law and the rules and the human and material resources \r\nplaced at his disposal are optimally utilized to improve governance; \r\n \r\n(b) co­ordinate and supervise the activities of the office and ensure efficient service \r\ndelivery by the functionaries under his administrative control; \r\n \r\n(c) supply information to the Monitoring Committees of the Board and Union \r\nCouncils; \r\n \r\n(d) take appropriate corrective actions based on the information received from \r\nMonitoring Committees; \r\n \r\n(e) enforce relevant Federal, Provincial and municipal laws and rules; \r\n \r\n(f) prepare development plans and propose budgetary allocations for their \r\nexecution; \r\n \r\n(g) implement approved plans and policies \r\n \r\n(h) authorize disbursement of performance bonuses to the employees; \r\n \r\n(i) prepare proposals for expenditures necessary for the proper conduct of \r\nprogrammes, projects, services, and other activities; \r\n \r\n(j) propose relevant bye­laws on service delivery to the Cantonment \r\nAdministrative Officer,  \r\n \r\n(k) act as Departmental Accounting Officer for his respective office and be \r\nresponsible to the Finance and Accounts Committee of the Cantonment \r\nAdministration; and \r\n \r\n(l) perform the functions of the Additional Rent Controller when so entrusted by \r\nthe Cantonment Administrative Officer. \r\n \r\n \r\n \r\n1Omitted by Act XX of 2015, s. 4. \r\n \r\nPage 27 of 122 \r\n \r\nCHAPTER IV \r\n \r\nCANTONMENT BOARD \r\n20. Composition of Cantonment Board.⸻ (1) For every Cantonment there shall be a \r\nCantonment Board, which shall consist of the following, namely:⸻ \r\n \r\n(a)  Officer Commanding the Station or if the Government so directs in respect of \r\nany cantonment such other armed forces officer as may be nominated by the \r\nCompetent Authority, as President of the Board; \r\n \r\n(b)  a Vice­President indirectly elected from amongst the Union Nazims of the \r\ncantonment; \r\n \r\n(c)  all Nazims of Union Councils in a cantonment as members; \r\n \r\n(d)  indirectly elected members on reserved seats, namely: \r\n \r\n(i) such number of women as represent thirty­three percent of total number \r\nof Unions in the cantonment, subject to minimum one member; and  \r\n \r\n(ii)  such number of peasants and workers as represents five percent of the \r\ntotal number of the Unions in the cantonment; and such number of \r\npersons from minority communities as represent five percent of the total \r\nnumber of Unions in the cantonment: \r\n \r\nProvided that the Government may, by notification in the official \r\nGazette vary the number of reserved seats to such extent as it deems fit. \r\n \r\n(e)  official members including Health Officer and Maintenance Engineer, \r\nnominated by the Officer Commanding the station, equal to the number of \r\nelected members as specified in clauses (b), (c) and (d). \r\n \r\n(2) If in calculating a percentage for the purposes of clause (d) of sub­section (1), the number \r\nof reserved seats does not come out to be a whole number and such number is,⸻ \r\n \r\n(a) less than half, the number shall be rounded down to the next lower number; or \r\n \r\n(b) a half or more, the number shall be rounded up to the next higher number. \r\n \r\n(3) The Officer Commanding the station may, with the sanction of the Garrison Commander, \r\nnominate, in place of an armed forces officer whom he is empowered to nominate under clause (e) of \r\nsub­section (1), any person who is ordinarily resident in the cantonment or in vicinity thereof. \r\n \r\n21. Oath or affirmation by the nominated members.— (1) The President and every \r\nnominated member of a Board shall, before taking his seat, make, at a meeting of the Board, an oath or \r\naffirmation of his allegiance in the following form, namely \r\n \r\nI, ­­­­­­­­­­­­­­­­­­­­ having become President been nominated a member of this Board, do solemnly \r\nswear (or affirm) that I will bear true faith and allegiance to Pakistan and that I will faithfully discharge \r\nthe duty upon which I am about to enter. \r\n \r\n(2) If any such person fails to make the oath or affirmation within such time as the Government \r\nconsiders reasonable, the Government shall, by notification in the official Gazette, declare his seat to \r\nbe vacant. \r\n \r\nPage 28 of 122 \r\n \r\n22. Resignation. Any civilian nominated member of a Board who wishes to resign his office \r\nmay forward his resignation in writing to the President. \r\n \r\n23. Removal of nominated member. Where the Officer Commanding the station makes a report \r\nto the effect that any nominated member is unable to discharge his duties for any reason, the Garrison \r\nCommander and where Officer Commanding the station is also the Garrison Commander, the Corps \r\nCommander may, by order in writing, relieve such member of his office. \r\n \r\n24. Nominations, resignations etc; to be notified. All nominations, resignations and removal \r\nof nominated members shall be notified in the official Gazette.  \r\n \r\n25. Liability of members. Every member of a Board shall be liable for the loss, waste or \r\nmisapplication of any money or other property belonging to the Board. If such a loss, waste or \r\nmisapplication is a direct consequence of his neglect or misconduct while such member; and a suit for \r\ncompensation for the same may be instituted against him either by the Board or by the Government. \r\n \r\n26. Functions and powers of the Cantonment Board. The functions and powers of the \r\nCantonment Board shall be \r\n \r\n(i)  to approve taxes, cess, rates, rents, fees, user­charges, tolls, levies and duties \r\nproposed by Cantonment Administration as specified in the First Schedule; \r\n \r\n(ii)  to approve bye­laws prepared by the Cantonment Administration; \r\n \r\n(iii)  to approve annual budget and appropriations for the Cantonment Administration; \r\n \r\n(iv)  to approve long and short term development plans of the cantonment; \r\n \r\n(v)  to approve annual development plans received from the Union Councils; \r\n \r\n(vi)  to approve posts of personal staff for the office of the Vice­President and the \r\nterms and conditions of their service; \r\n \r\n(vii)  to approve land use, zoning and master plan, development and maintenance \r\nprogrammes or projects proposed by the Cantonment Administration; \r\n \r\n(viii)  to elect Monitoring Committees of the Cantonment Board to monitor the \r\nworking of the Cantonment Administration; \r\n \r\n(ix)  to ensure that Monitoring Committees perform their functions in a non­intrusive \r\nmanner without interfering in the day to day working of the relevant offices of \r\nthe Cantonment Administration and do not assume a command and control role; \r\n \r\n(x)  to review the reports of the Monitoring Committees and take appropriate action; \r\n \r\n(xi)  to elect an Insaaf Committee; \r\n \r\n(xii)  to elect Cantonment Finance and Accounts Committee to review the audit \r\nreports of the accounts of Cantonment Administration; \r\n \r\n(xiii)  to review the performance of Cantonment Administration presented by the \r\nCantonment Administrative Officer; \r\n \r\n \r\n \r\nPage 29 of 122 \r\n \r\n(xiv)  to authorise the Cantonment Administration, subject to applicable laws and with \r\nthe prior permission of the Government, floating of municipal bonds for raising \r\nfunds for financing municipal projects; \r\n \r\n(xv)  to require, by resolution, the Cantonment Administration to undertake measures \r\nfor improvement in the delivery of municipal services;  \r\n \r\n(xvi)  to process Union Monitoring Reports concerning service delivery in \r\ncantonment areas; and \r\n \r\n(xvii) to elect Code of Conduct Committee which shall be responsible for enforcing \r\nthe code of conduct for regulating the conduct of the members of the Board. \r\n \r\n27. Conduct of business of the Board.⸻(1) The Board shall regulate its business and of its \r\nCommittees in accordance with rules made by the Government. \r\n \r\n(2) The Board shall meet at least once in every month. However, the President may, whenever \r\nhe thinks fit, and shall, upon a requisition in writing by not less than one­fourth of the members of the \r\nBoard, convene a special meeting. \r\n \r\n(3) Save as otherwise provided, decisions of the Board shall be taken by resolutions passed by \r\na simple majority of the members present: \r\n \r\nProvided that in case of an equality of votes, the President shall have a second or casting vote. \r\n \r\n(4) All meetings of the Board shall be presided over by the President and in his absence by the \r\nVice­President, and in the absence of both, the members (both elected and nominated) present shall \r\nelect one from amongst them to preside. \r\n \r\n(5) The quorum of the meetings of the Board shall be fifty­one percent of its membership. \r\n \r\n(6) The Cantonment Administrative Officer shall be the principal executive and administrative \r\nofficer of the Cantonment Administration and the Secretary of the Board and shall have the right to \r\ntake part in the discussion but not to move any proposals at the meeting of the Board and shall also be \r\nresponsible to record minutes of the proceedings of meetings of the Board in a book maintained by \r\nhim. \r\n \r\n(7) No member of a Board shall vote at a meeting of the Board or any of its committees on any \r\nquestion relating to his own conduct, or on any matter, other than a matter affecting generally the \r\ninhabitants of cantonment, which affects his own pecuniary interest or valuation of any property in \r\nrespect of which he is directly or indirectly interested, or of any property of or for which he is a manager \r\nor agent. \r\n \r\n(8) Minutes of the proceedings of Board meetings shall be signed by the President and shall, at \r\nsuch time and in such place as may be fixed by the Board, be open to inspection free of charge by any \r\ninhabitant of the cantonment. \r\n \r\n(9) No disqualification or defect in the election, nomination or appointment of a person acting \r\nas the President or a member of a Board or any of such Committees shall, vitiate any act or proceedings \r\nof the Board or Committee if the majority of persons present at the time of the act being done or the \r\nproceeding being taken, were duly qualified members thereof. \r\n \r\n \r\n \r\nPage 30 of 122 \r\n \r\n(10) The meetings of the Board shall be open to public, unless the Board, by a resolution, \r\ndecides to hold any meeting in camera.  \r\n \r\n(11) Copies of the minutes shall, as soon as possible, be forwarded for information to the \r\nCompetent Authority, Garrison Commander, Cantonment Administration, and the concerned Military \r\nEstates Officer. \r\n \r\n28. Recall of Vice-President.⸻(1) On a resolution passed by a majority vote, the Board may \r\ndecide to remove a Vice­President if he is found working against public policy and interest or flagrantly \r\nabusing his position as Vice­President. \r\n \r\n(2) In the event of a resolution as provided in sub­section (1) the Cantonment Administrator shall \r\nrecommend to the Competent Authority, the removal of the Vice­President. \r\n \r\n(3) On such removal by the Competent Authority, the Vice­President shall also lose his seat as a \r\nUnion Nazim and this vacancy shall be filled through by­election. \r\n \r\n(4) Before his removal, the Vice­President or the member shall have the right to appear before the \r\nBoard and address in his defence. \r\n \r\n29. Joint Committees of Councils. The Board may, with the consent of Union Councils, set up \r\njoint committees of the councils for any purpose in which such councils may be jointly interested and \r\nmay delegate to such joint committees any power which may be exercised by them, including the power \r\nto make bye­laws for their functioning. \r\n \r\n___________ \r\nCHAPTER V \r\nUNION ADMINISTRATION \r\n30. Composition of Union Administration. There shall be constituted a Union Administration \r\nfor every Union consisting of Union Nazim, Naib Union Nazim and Union Secretaries and, where \r\nrequired, the members of ancillary staff: \r\n \r\nProvided that the Government may reduce the number of Union Secretaries in a particular \r\ncantonment. \r\n \r\n31. Structure of Union Administration. ⸻(1) The Union Nazim shall be the head of the Union \r\nAdministration. \r\n \r\n(2) The Naib Union Nazim shall deputise the Union Nazim during his temporary absence. \r\n \r\n(3) The Union Secretaries shall coordinate and facilitate in community development, \r\nfunctioning of the Union Committees and delivery of municipal services under the supervision of Union \r\nNazim: \r\n \r\nProvided that the functions of the Union may be assigned to one or more Secretaries. \r\n \r\n32. Functions of the Union Administration. The functions of Union Administration shall be⸻ \r\n \r\n(a) to collect and maintain statistical information for socio­economic surveys; \r\n \r\n(b) to identify deficiencies in the delivery of services and make recommendations \r\nfor improvement thereof to the Cantonment Administration; \r\n \r\nPage 31 of 122 \r\n \r\n(c) to register births, deaths and marriages and issue certificates thereof; \r\n \r\n(d) to work out annual requirement of Union Administration for day-to-day \r\nexpenditure and seek approval of the Union Council for submission to the \r\nCantonment Administration; \r\n \r\n(e) to disseminate information on matters of public interest; \r\n \r\n(f) to co­operate with the public, private or voluntary organizations, engaged in \r\nactivities similar to those of the Union; \r\n \r\n(g) to establish and maintain libraries approved and funded by the Cantonment \r\nAdministration with prior approval of the Board; \r\n \r\n(h) to organize sports tournaments, fairs, shows and other cultural and recreational \r\nactivities with the prior approval of the Cantonment Administration; \r\n \r\n(i) to organize cattle fairs and cattle markets as assigned by the Cantonment \r\nAdministration; \r\n \r\n(j) to improve and maintain public open spaces, public gardens and playgrounds \r\nwith prior approval of the Cantonment Administration; \r\n \r\n(k) to assist the relevant authorities in disasters and natural calamities, and assist in \r\nrelief activities, including desilti ng of canals with prior approval of the \r\nCantonment Administration; \r\n \r\n(l) prepare the projects of the Union Annul Development Plan and submit to the \r\nCantonment Administration for approval and funding; \r\n \r\n(m) promote plantation of trees, landscaping and beautification of public places in \r\nthe Union under the directions of the Cantonment Administration; and \r\n \r\n(n) assist Cantonment Administration in establishment and maintenance of burial \r\nand cremation places; \r\n \r\n33. Entrustment of functions by Cantonment Administrations, etc. The Cantonment \r\nAdministration may entrust any of its functions to the Union Administration with mutual agreement: \r\n \r\nProvided that resources required for carrying out such functions shall be made available to \r\nthe Union Administration. \r\n \r\n34. Government to  prescribe powers of Union Administration. The administrative, and \r\nregulatory powers of the Union Administration shall be such as may be prescribed by the Government. \r\n \r\n35. Functions of Union Nazim. A Union Nazim shall⸻ \r\n \r\n(a) provide leadership for Union­wide development and   preparation of \r\ntheannual development plan; \r\n \r\n(b) assist the Cantonment Administration in spatial planning process; \r\n \r\nPage 32 of 122 \r\n \r\n(c) dispose of the business of Union Administration; and \r\n \r\n(d) report to the concerned authorities in respect of, \r\n \r\n(i) encroachment on State and local government property and \r\nviolation of land use and building laws, rules and bye­laws; \r\n \r\n(ii) sale and trade of dangerous and offensive articles; \r\n \r\n(iii) environmental and health hazards; \r\n \r\n(iv) adulteration of articles of food; and \r\n \r\n(v) breach of public watercourses, within the area of the Union. \r\n \r\n36. Personal responsibility of Union Nazim. The Union Nazim shall be personally responsible \r\nfor any loss financial or otherwise, flowing from the decisions made by him personally or under his \r\ndirections in violation of any provisions of this Ordinance or any other law for the time being in force \r\nand for any expenditure incurred without lawful authority. \r\n \r\n37. Setting aside decisions of Union Nazim. The President may suspend action on an order or \r\ndecision taken by Union Nazim, if he, for reasons to be recorded in writing, considers the same to be \r\nagainst the interest of the people or public policy, and place the same before the Board for final decision. \r\n \r\n38. Resignation by Union Nazim. The Union Nazim may resign his office by tendering \r\nresignation in writing addressed to the President. \r\n \r\n39. External recall of Union Nazim.⸻(1)Subject to sub­section (4), on a motion moved by \r\nthe President, the Board may decide by a majority vote, to remove a Union Nazim if he is found \r\n \r\n(a) working against public interest or public policy; or \r\n \r\n(b) flagrantly abusing his position as Union Nazim. \r\n \r\n(2) In the event of passage of a resolution as provided in sub­section (1) the President shall recommend \r\nto the Competent Authority, the removal of the Union Nazim. \r\n \r\n(3) On such removal by the Competent Authority, the Union Nazim shall lose his seat as a Union Nazim \r\nand his vacancy shall be filled through byelection. \r\n \r\n(4) Before his removal, the Union Nazim shall have the right to appear before the Board and address in \r\nhis defence. \r\n \r\n \r\n40. Internal recall of Union Nazim.⸻ (1) If in the opinion of a member of Union Council, there \r\nis a reason to believe that the Union Nazim is acting against the public policy or the interest of the \r\npeople or on the ground of inaction or neglect to serve the needs of the people, he may, seconded by \r\nanother member of the council, give a notice to move a motion in the Union Council for recall of Union \r\nNazim. \r\n \r\n(2) On receipt of notice referred to in sub­section (1), the Naib Union Nazim shall summon a \r\nsession of Union Council within three days if the Union Council is not already in session. \r\n \r\n(3) Where the Union Council is already in session, the motion referred to in sub­section (1) shall \r\nbe taken up for deliberation on the next day from its receipt in the Union Council. \r\n \r\n \r\nPage 33 of 122 \r\n \r\n(4) If the motion referred to in sub­section (1) is approved by a majority of votes of the total \r\nmembership of the Union Council through a secret ballot, followed by endorsement by majority vote \r\nof the Board the Union Nazim shall cease to hold office from the date of notification issued by the \r\nGovernment under sub­section (6). \r\n \r\n(5) Where the motion fails in the Union Council, the proposer and seconder of such motion shall \r\nlose their seats as members of the Union Council. \r\n \r\n(6) The Government shall notify the result of the approval of the motion. \r\n \r\n(7) The Union Nazim shall have the right to appear before the Union Council and address it in his \r\ndefence. \r\n \r\n(8) No motion for recall of Union Nazim shall be moved during the first six months of assumption of \r\noffice of Union Nazim nor shall such motion be repeated before the expiry of one year from the \r\nrejection of previous motion. \r\n \r\n___________ \r\n \r\nCHAPTER VI \r\n \r\nUNION COUNCILS \r\n \r\n41. Composition of Union Councils in Cantonment. There shall be a Union Council in each \r\nUnion comprising the following members, namely:⸻ \r\n \r\n(a)  twelve members, elected to general seats, including four reserved for women; \r\n \r\n(b)  six members elected to seats reserved for peasants and workers including two \r\nreserved for women; \r\n \r\n(c)  one member elected to a seat reserved for minority communities; \r\n \r\nProvided that in a Union where the population of minorities is in excess \r\nof ten percent of the total population of the Union, reserved seats for minority \r\ncommunities, shall be allocated in the manner prescribed by the Government; \r\nand \r\n \r\n(d)  Union Nazim and Naib Union Nazim; \r\n \r\nProvided that if the situation so warrants, the Government may, by \r\nnotification in the official Gazette, vary the number of seats as mentioned in \r\nclauses (a) to (c). \r\n \r\n42. Functions of the Union Council. The functions of the Union Council shall be to \r\n \r\n(a)  recommend the annual development plan of the Union Administration for \r\napproval and funding by the Board; \r\n \r\n(b)  recommend statement of annual financial requirements for the Union and its \r\napproval and funding by the Board; \r\n \r\n(c)  facilitate the formulation and functioning of Citizen Community Boards; \r\n \r\n(d)  facilitate the formation of co­operatives for improving economic returns and \r\nreduction of interstitial poverty; \r\n \r\n \r\nPage 34 of 122 \r\n \r\n(e) mobilise the community involvement in maintenance of public ways, public \r\nstreets, culverts, bridges and public buildings, desilting of canals and other \r\ndevelopment pursuits; \r\n \r\n(f)  adopt appropriate measures and provide support to the Cantonment \r\nAdministration for achievement of socio­economic development and \r\nimprovement of services; \r\n \r\n(g)  elect Monitoring Committees of the Union, each for municipal services, finance, \r\nsafety, health, education, literacy, works and services; \r\n \r\n(h)  elect an Ethics Committee of the Union Council which shall be responsible for \r\nenforcing the code ethics to regulate the conduct of the members of the council; \r\n \r\n(i)  elect an Insaaf Committee which shall be responsible for the selection of the \r\npanel of Conciliators of Musalihat Anjuman for out of court amicable settlement \r\nof disputes; \r\n \r\n(j)  review the performance of Union Administration and Union Monitoring \r\nCommittees; and \r\n \r\n(k)  review the annual statement of accounts and external or special audit report in \r\nrespect of the Union Administration. \r\n \r\n43. Conduct of the business of the Union Council.⸻ (1) The Union Council shall regulate its \r\nbusiness in accordance with the rules prescribed by the Government. \r\n \r\n(2) The Union Council shall meet at least once in every month. \r\n \r\n(3) All decisions of the Union Council shall be taken by resolutions passed by a simple majority \r\nof its total membership. \r\n \r\n(4) All meetings of the Union Council shall be presided over by Union Nazim and, in his \r\nabsence, by the Naib Union Nazim or, in absence of both Union Nazim and Naib Union Nazim or \r\nwhere a motion for recall of Union Nazim or Naib Union Nazim has been moved, by a member elected \r\nby the Union Council form amongst its members present in the meeting. \r\n \r\n(5) No member of a Union Council shall vote at a meeting of the Union Council or any of its \r\ncommittees on any question relating to his own conduct, or on any matter, other than a matter affecting \r\ngenerally the inhabitants of cantonment, which effects his own pecuniary interest or valuation of any \r\nproperty in respect of which he is directly or indirectly interested, or of any property of or for which he \r\nis a manager or agent. \r\n \r\n(6) The qourum of the meeting of the Union Council shall be fifty­one percent of its total \r\nmembership. \r\n \r\n(7) The meeting of the Union Council shall be open to the public, unless the Union Council, by \r\na resolution, decides to hold any meeting in camera. \r\n \r\n(8) The minutes of the meeting of Union Council shall be recorded and maintained by an officer \r\nauthorized by the Union Council. \r\n \r\n(9) The meetings of the Union Council shall be open to public, unless the council, by resolution, \r\ndecides to hold any meeting in camera. \r\n \r\n(10) Copies of the minutes shall, as soon as possible, be forwarded to the Board. \r\n \r\n \r\nPage 35 of 122 \r\n \r\n44. Address of Union Nazim.⸻ (1)At the commencement of the first session of the Union \r\nCouncil after its election and on commencement of first session of every year the Union Nazim shall \r\naddress the Union Council and shall inform the council his plans and programmes for the said year and \r\nthe performance of the Union Administration during the preceding year. \r\n \r\n(2) Notwithstanding anything contained in sub­section (1), the Union Nazim may address the \r\nUnion Council whenever he deems necessary to associate or consult the Union Council in functioning \r\nof the Union Administration. \r\n \r\n45. Resignation by Naib Union Nazim. The Naib Union Nazim may resign from his office by \r\ntendering resignation in writing addressed to the President. \r\n \r\n46. Recall of Naib Union Nazim.— (1) If in the opinion of a member of Union Council, there \r\nis a reason to believe that the Naib Union Nazim is acting against the public policy or the interest of \r\nthe people or for any other reason, he may, seconded by another member of the Council, move a motion \r\nin the Union Council for recall of Naib Union Nazim. \r\n \r\n(2) On receipt of notice referred to in sub­section (1), the Union Nazim shall summon a session \r\nof Union Council within three days, if the Union Council is not already in session. \r\n \r\n(3) Where the Union Council is already in session, the motion referred to in sub­section (1) \r\nshall be taken up for deliberations immediately on its receipt in the Union Council. \r\n \r\n(4) If the motion referred to in sub­section (1) is approved by a majority of votes of the total \r\nmembership through a secret ballot, the Naib Union Nazim shall cease to hold office on approval of \r\nthe motion by the Union Council. \r\n \r\n(5) The Naib Union Nazim shall have the right to appear before the Union Council and address \r\nin his defence. \r\n \r\n(6) Where the motion fails in the Union Council, the proposer and seconder of such motion \r\nshall lose their seats as members of the Union Council. \r\n \r\n(7) No motion for recall of Naib Union Nazim shall be moved during the first six months of \r\nassumption of office of Naib Union Nazim nor shall such motion be repeated before the expiry of one \r\nyear from the rejection of previous motion. \r\n________________ \r\n \r\nCHAPTER VII \r\nCITIZEN COMMUNITY BOARD \r\n \r\n47.  Composition of Citizen Community Board.— (1) In every local area, groups of non \r\nelected citizens may, through voluntary, proactive and self help initiatives, set up any number \r\nof Citizen Community Boards. Such Citizen Community Boards shall be set u p inter-alia , for \r\nthe purpose of \r\n \r\n(a) energizing the community for development and improvement in service \r\ndelivery; \r\n \r\n(b) development and management of a new or existing public facility; \r\nidentification of development and municipal needs; \r\n(c) mobilization of stakeholders for community involvement in the \r\nimprovement and maintenance of facilities; \r\n \r\nPage 36 of 122 \r\n \r\n(d) welfare of the handicapped, destitute, widows and families in extreme \r\npoverty; and \r\n \r\n(e) establishment of farming, marketing and consumers cooperatives: \r\n \r\nProvided that grants will be available subject to section 276 of this Ordinance, \r\nand reinforcing the  capacity of a special Monitoring Committee  at the \r\nbehest of the concerned Union Council or Cantonment Board. \r\n \r\n(2)  No person shall be eligible to set up a Citizen Community Board or become its member \r\nor hold the office of the chairman or secretary of the Citizen Community Board if such \r\nperson:— \r\n(a) is a minor; \r\n \r\n(b) is of unsound mind; \r\n \r\n(c) has applied to be adjudicated as an insolvent and his application is \r\npending; \r\n \r\n(d) is an undischarged insolvent; \r\n \r\n(e) is a defaulter of loans or Government dues and his name has been \r\npublished as such. \r\n \r\n(3)  In carrying out its purposes, a Citizen Community Board may interact with voluntary \r\norganisations for community welfare. \r\n \r\n(4)  The Citizen Community Board shall be set up, registered with the registration \r\nauthority, and carry on its functions and activities in such manner and subject to such rules as \r\nmay be prescribed. \r\n \r\n(5)  The Citizen Community Board shall have a general body of its members who shall \r\nelect a  Chairman Executive Committee and a Secretary of the Board for carrying out its \r\nfunctions. \r\n \r\n48.  Personal responsibility of the head of the Citizen Community Board and Executive  \r\nCommittee and its officers. The Chairman, Executive Committee and its officers shall be responsible \r\nfor any loss, financial  or otherwise, flowing from  the decisions made  by them individually or  \r\ncollectively in violation of any provisions of this Ordinance or any other law for the time being in  \r\nforce and for any expenditure incurred without lawful authority. \r\n \r\n49.  Raising of funds by Citizen Community Board.— (1) A Citizen Community Board \r\nmay raise funds through voluntary contributions, gifts, donations, grants and endowments for \r\nits declared purposes without compromising the larger interest of the community. \r\n \r\n(2)  A Citizen Community Board may also receive pro ject-based cost sharing support from any  \r\nlocal government in accordance with the provisions of this Ordinance. \r\n \r\n \r\n(3)  All funds of Citizen Community Board shall be kept in a scheduled bank or post office and \r\nall transactions shall be made through cheques. \r\n \r\n \r\nPage 37 of 122 \r\n \r\n(4)  The accounts of the Citizen Community Board shall be operated jointly by the Chairman and \r\nthe Secretary. \r\n \r\n(5)  The accounts of the Citizen Community Board shall be subject to audit as may be prescribed. \r\n \r\n50.  Citizen Community Board to be a non-profit Organization.— (1) A Citizen Community \r\nBoard shall be a non­profit organization and its income and assets shall be used solely for the \r\nattainment of its objectives. \r\n \r\n(2)  The properties and income of a Citizen Community Board shall vest, and be held, in the name \r\nof its Executive Committee. It shall sue and be sued in the name of its Executive  Committee. No \r\nportion of its income shall be paid by way of salary, dividend, profit or bonuses or otherwise \r\ndistributed to any of its members or contributors, whether past or present. \r\n \r\n(3)  If a Citizen Community Board is not carrying on its functions an d activities in accordance \r\nwith this Ordinance, the registration authority may appoint an administrator, with such powers and \r\nfunctions as the registration authority deems appropriate, to run its affairs, take over its assets or for \r\nthe disposal of any other matter. \r\n \r\n(4)  Where a local government has contributed towards creation of any assets or funds of a Citizen \r\nCommunity Board, in case of dissolution or de­registration, its assets shall pass on to such local \r\ngovernment and the assets shall continue to be  used for community welfare by the local government \r\nthrough any of its agencies or any other Citizen Community Board designated by such local \r\ngovernment in this behalf. \r\n____________ \r\n \r\nCHAPTER VIII \r\n \r\nINSAAF COMMITTEE AND MUSALIHAT ANJUMAN \r\n \r\n51.  Composition of Insaaf Committee.— Every Union Council shall elect an Insaaf Committee \r\nconstituting a panel of three members one of whom shall be its convener to be selected by the members \r\nof the committee. \r\n \r\n52.  Constitution of Musalihat Anjuman. — (1) In each Union, a Musalihat Anjuman shall be  \r\nconstituted consisting of  a panel of three Musaleheen (Conciliators) one  of whom shall be  its \r\nConvener, to be selected by the Insaaf Committee of the Union Council, within thirty days after its  \r\nelection, from amongst the residents of the Union who are publicly known to be persons of integrity,  \r\ngood judgment and command respect: \r\n \r\nProvided that the Union Nazim, Naib Union Nazim or the members of the Union Council may \r\nnot be appointed as Musaleheen (Conciliators). \r\n \r\n(2)  Any casual vacancy in the panel of Musaleheen (Conciliators) shall be filled by the Insaaf  \r\nCommittee, as soon as practicable after occurrence thereof. \r\n \r\n(3)  The Musaleheen (Conciliators) shall be selected for the term of the Union Council or until  \r\nreplaced earlier: \r\n \r\nProvided that Musaleheen (Conciliators) shall be eligible for re­selection. \r\n(4)  Where in the opinion of  the Insaaf Committee, a Musaleh (Conciliator) is accused of \r\nconsistent partiality and malpractices in performance of his functions, the  Insaaf Committee may , \r\nsubject to notice to show cause, remove such Musaleh (Conciliator) and select another Musaleh  \r\n \r\nPage 38 of 122 \r\n \r\n(Conciliator) in his place. \r\n \r\n53.   Encouragement for amicable settlement of disputes. The Union Nazim, members of the \r\nInsaaf Committee and Musaleheen (Conciliators) shall use their good offices to achieve the amicable \r\nsettlement of disputes amongst the people in the Union through mediation, conciliation and arbitration, \r\nwhether or not any proceedings have been instituted in a court of law in respect of such disputes: \r\n \r\nProvided that such settlement shall be carried out in such cases where all parties to the \r\ndispute agree thereto and no fee shall be charged for such settlement. \r\n \r\nExplanation.— For the purpose of this section, the expression 'dispute' relates to disputes \r\namongst the individuals, whether of civil or criminal nature. \r\n54.  Courts may refer cases to Musalihat Anjuman.\r\n (1) Any court competent jurisdiction \r\nmay, in a case where it deems appropriate, refer a matter to the Musalihat Anjuman through the \r\nUnion Nazim for settlement. \r\n \r\n(2)  The court making a reference to Musalihat Anjuman for settlement of a dispute under sub­  \r\nsection (1) may lay down the procedure  for summoning the parties to the dispute, the terms of  \r\nreference, the period during which settlement is to be made, the manner in which the report of the  \r\nsettlement is to be submitted and such other matters as it may deem appropriate for resolution of the  \r\ndispute. \r\n \r\n(3)  Where on a reference made by the court under sub­section (1), the dispute is settled between \r\nthe parties, the court may make such settlement as rule of the court. \r\n \r\n(4)  The Musalihat Anjuman shall inform the court  if the dispute is not settled within the time  \r\nfixed by the court or may ask for extension in time for settlement of the dispute. \r\n \r\n55. Appointment of Musaleh (Conciliator) for individual cases. Where in a dispute parties  \r\nrequest for appointment of a person other than the Musaleheen (Conciliators) in the panel referred to  \r\nin section 52 in a particular case as a Musaleh (Conciliator), the Union Nazim may, in consultation  \r\nwith the Insaaf Committee, appoint such person as Musaleh (Conciliator) for that case. \r\n \r\n56. Procedure of settlement of disputes. — (1) The Convener of the Musalihat Anjuman \r\nselected under section 52 shall— \r\n \r\n(a) convene meetings of the Musalihat Anjuman as necessary and at such place or \r\nplaces in the Union as he considers appropriate; and \r\n \r\n(b) conduct the proceedings in an informal manner as he considers with an object \r\nto bring an amicable settlement between the parties. \r\n \r\n(2)  No legal practitioner shall be permitted to take part in the proceedings on behalf of any \r\nparty. \r\n(3)  The report of the Musaleheen (Conciliators) shall be recorded in writing and copies thereof \r\nshall be provided to the parties attested by the Union Secretary. \r\n \r\n \r\nCHAPTER IX \r\nCANTONMENT LOCAL GOVERNMENT ELECTIONS \r\n \r\n 1[57.  Franchise.— (1) The election of members to be elected on general seats of a Board \r\n \r\nPage 39 of 122 \r\n \r\nshall be held on the basis of single member constituency and adult franchise through secret \r\nballot. \r\n \r\n(2)  Members to the seats reserved for women, peasants, youth, workers and non­Muslims \r\nshall be elected in the prescribed manner by members of the Board elected in accordance with \r\nsub­section (1).] \r\n58.  Authority for local government elections. —(1) 1[An election to a Board und er this \r\nOrdinance shall be conducted  by the Election Commission in accordance  with the] the rules made \r\nunder this Ordinance and such rules may provide for all matters connected  therewith or incidental \r\nthereto, including the time of holding the elections by­elections, corrupt or illegal practices and other \r\nelection offences and the submission, trial and disposal of election petitions. \r\n \r\n 1[*  *  *  *  *  *  *] \r\n \r\n1[(2)  The Election Commission shall, on receipt of a request in writing from  the Federal \r\nGovernment, issue a programme for the conduct of elections in the cantonment Boards and shall fix  \r\nthe dates for filing of nomination papers; scrutiny, allotment of symbols and poll, etc.] \r\n \r\n 1[(3)]  The 1[Election Commission] may authorize any of its officers to exercise any of its powers \r\nand to perform any of its functions under this Ordinance. \r\n \r\n1[(4)  The Election Commission shall appoint as many returning officers and assistant returning \r\nofficers as it may deem necessary, from amongst its own officers, the Federal Government, the \r\nprovincial Government or an entity controlled by such government.  \r\n \r\n(5)  The Election Commission may issue any direction or instruction to carry out the effective \r\nimplementation of the provisions of this Ordinance for the conduct of local government elections in \r\nthe Cantonment Boards.]\r\n 1[59.  Indirect elections.— Election to the seats reserved for women, peasants, youth, workers \r\nand non­Muslims shall immediately be held after the notification of the names of returned candidates \r\non general seats. \r\n \r\n(2)  The members against seats reserved for women, peasants, youth, workers and non­Muslims \r\nshall be elected through secret ballot by the directly elected members. \r\n \r\n(3)  The elected members of a Board shall, amongst themselves, elect through secret ballot a vice­ \r\npresident of that Board.] \r\n \r\n60.  Qualifications for candidates and elected members.— (1) A person shall qualify to be \r\nelected  1[or to be chosen] or to hold an elective office or membership of a local government, if he­ \r\n \r\n(a) is a citizen of Pakistan; \r\n \r\n(b)  is at least twenty five years of age; \r\n \r\n(c)  is enrolled as a voter in the electoral roll of the relevant ward 1[and, in case for \r\nreserved seats, in any electoral area of that Board] ; \r\n1[(d)  he is sagacious, righteous, non­profligated, honest and ameen, there being no     \r\ndeclaration to the contrary by a court of law;] \r\n \r\n \r\n \r\n_____________________________________________________________________________________ \r\n1\r\nSubs. Omitted. Ins. Renumbered and added by Act XX at 2015, ss. 5-8.  \r\n \r\n \r\n \r\nPage 40 of 122 \r\n \r\n     1[(e) *    *    *    *    *    *     *] \r\n(f)   has not been declared by a competent court to be of unsound mind; \r\n \r\n(g) is not in the service of the Federal Government, a Provincial Government or a \r\nlocal government or, any statutory body or a body which is controlled by any \r\nsuch Government or, in which any of such Government has a controlling share \r\nor interest, except the holders of elected public office and part time officials \r\nremunerated either by salary or fee; provided that in case of a person who has \r\nresigned or retired from such service, a period of not less than six months has \r\nelapsed since his retirement; \r\n \r\n(h) has not been dismissed, removed or compulsorily retired from public service on \r\ngrounds of moral turpitude; \r\n \r\n(i) does not possess assets which are inconsistent with his declaration of assets or \r\njustifiable means, whether held in his own name or of th e dependents or any \r\nother person or corporate body in whose name assets are held in trust or under \r\nany other formal or informal arrangement whereby the de­facto control of such \r\nassets including their sale, transfer or pecuniary interest, is retained by him; \r\n \r\n(j) has not been adjudged a wilful defaulter of any tax or other financial dues owed \r\nto the Federal Government, a Provincial Government, or a local government or \r\nany financial  institution, including utility bills outstanding for six months or \r\nmore; \r\n \r\n1[(k) *        *         *           *       *     *          *]  \r\n(l) has not been sentenced to imprisonment for more than 1[two years] for an offence \r\nunder any law and or, a period of not less than five years has elapsed since his \r\nrelease; and in  case of a member or a holder of a public office, has not been \r\nsentenced to imprisonment; \r\n \r\n(m) has not failed to file the required return of election expenses or is not convicted \r\nfor exceeding the limits of elections expenses prescribed under the electoral \r\nlaws; \r\n \r\n(n)  has not been declared an un­discharged insolvent by any court; \r\n \r\n(o)  does not engage in any transaction involving pecuniary interest with the 1[Board] \r\nof which he is a member; \r\n \r\n(p)  does not absent himself without reasonable cause from three consecutive \r\nmeetings of the 1[Board] of which he is a member; provided that a member shall \r\nnot be disqualified if the  absence was necessitated by a national emergency or \r\nforce majeure; \r\n \r\n1[(q) *           *              *             *             *          *              *]  \r\n__________________________________________________________________________________________________________________________ \r\n1Omitted and subs. by Act XX of 2015, s. 8. \r\n \r\n \r\n \r\nPage 41 of 122 \r\n \r\n(r) has not been and is not involved, in activities prejudicial to the  ideology, \r\ninterest, security, unity, solidarity, peace and integrity of Pakistan and its people \r\nand the good order and harmony of society; \r\n \r\n(s) has not used directly or indirectly for his election the platform, flag, symbol, \r\naffiliation and financial or material, resources or support of a political, religious, \r\nethnic or sectarian party, formation or organization; or \r\n \r\n       (t) takes oath within the specified period. \r\n(2) Whoever­ \r\n \r\n (a) is found by the 1[Election Commission] to have contravened the provisions of \r\nsub­section \r\n(1)  shall stand disqualified from being a candidate for election to a 1[Cantonment Board] for a \r\nperiod of four years; or \r\n \r\n (b) having been elected as a member of 1[Cantonment Board] or being a holder of \r\nan elective  office of a 1[Cantonment Board] is found by the 1[Election \r\nCommission] to have contravened the provisions of sub­section (1) shall cease  \r\nforthwith to be an elected  member or to hold the office of such member and  \r\nstand disqualified from being a candidate for election to a 1[Cantonment Board] \r\nfor a period of four years. \r\n61.  Non-party elections. Local government elections in the cantonment shall be held on non­  \r\nparty basis. \r\n \r\n1[62.  *  *  *  *  *  *  *] \r\n63.  Election to vacant seats. — (1) If a seat of a member becomes vacant during the term of \r\noffice of a local government a new member shall be elected through by­elections and the member \r\nelected in by­elections shall hold office for the remaining portion of the term of the local government. \r\n \r\n(2)  If any seat reserved for women remains vacant, the same shall be filled through by­elections \r\nand the elected woman member shall hold office for the remaining portion of the term of the local \r\ngovernment. \r\n \r\n(3)  All by­elections shall be held once a year on a date or dates fixed by the President. The period \r\nof one year shall be computed from the date of assumption of office of the local government: \r\n \r\nProvided that in the year in which general elections are to be held, the by­elections may be \r\nheld within eighteen months. \r\n \r\n(4)  A vacancy of Vice­President, Union Nazim or Naib Union Nazim shall be filled through by­ \r\nelection within sixty days of the occurrence of vacancy. \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n_____________________________________________________________________________________________________________________________ _______________ \r\n1Subs. and Omitted by Act XX of 2015, s.s 8­9. \r\n \r\nPage 42 of 122 \r\n \r\n(5)  When the office of Vice­President falls vacant, the elected members of a Board shall, by a \r\nmajority vote elect an officiating Vice­President from amongst the elected members of the Board. \r\n \r\nProvided that the officiating Vice­President shall not be a candidate in the by­election for \r\nelection of the Vice­President. \r\n \r\n(6)  When the office of a Union Nazim, falls vacant, the members of the concerned Union Council \r\nshall by a majority vote elect an officiating Union Nazim from amongst its members and the person \r\nso elected shall continue to retain his office as a member also: \r\n \r\nProvided that the officiating Nazim shall not be a candidate in the by­election held for election \r\nof the Union Nazim. \r\n 1[64.  Electoral rolls.— The Election Commission shall prepare electoral rolls in accordance \r\nwith the provisions of the Electoral Rolls Act, 1974 (XXI of 1974) and rules made thereunder, for the \r\npurposes of elections in the Cantonment Boards on general seats. \r\n \r\n (1)  The Election Commission may issue directions to adjust the electoral rolls or cause to \r\nprepare an electoral roll for any area forming part of a Cantonment Board.] \r\n \r\n65.  Validity of electoral rolls etc, not affected by reason of any mistake. The electoral \r\nrolls shall not be rendered invalid by reason of any erroneous description contained therein of any \r\nperson listed or of an omission of the name of any person entitled to be enrolled as a voter or of \r\ninclusion of the name of any person not so entitled. \r\n \r\n66.  Bar against dual membership, etc. A Union Nazim and Naib Union Nazim may contest \r\nelection for any other political office except for the Vice­President after resigning from the existing \r\noffice of Nazim, or as the case may be, Naib Nazim: \r\n \r\nProvided that a member elected against the reserved seats in a Board or a member of Union  \r\nCouncil may contest election for any other political office without resigning from the membership of \r\nthe Board and Union Council respectively: \r\n \r\nProvided further that such member except the Vice­President shall not hold more than one \r\noffice at one time. \r\n 1[67.  Term of office.(1) Subject to the provisions of this Ordinance, a member of a Board \r\nshall hold office for a period of four years from the date of oath: \r\n \r\nProvided that notwithstanding the expiry of his term, a member shall continue to function as \r\nmember until the election or, as the case may be, nomination of his successor is notified under sub­ \r\nsection (5) of section 13A of the Cantonments Act, 1924 (II of 1924). \r\n \r\n(2)  The term of office of an ex­officio member of a Board shall continue so long as he holds \r\nthe office by virtue of which he is such a member. \r\n \r\n(3)  The term of office of a member elected through bye­election held to fill a casual vacancy \r\nshall be the remaining period of that seat against which he has been elected.] \r\n \r\n__________________________________________________________________________________________________  \r\n1 Subs. by Act XX of 2015, ss. 10-11 \r\n \r\nPage 43 of 122 \r\n \r\n68.  Oath of office. The 1[*] Vice­Presidents, 1[* * *] and members shall, before assuming  \r\nthe charge of their respective offices, make oath as may be prescribed. \r\n \r\n69.  Removals.— (1) Where proceedings of disqualification under sub­section (2) of section 60 \r\nhave been initiated on an application made by any person, or by the President on his own motion,  \r\nagainst a member, 1[* * *] or the Vice­President, the President may issue a notice to show cause to a   \r\nmember, 1[* * *] or, as the case may be, the Vice­President within a specified period as to why  \r\nproceedings against him may not be taken for his removal for breach of any of the provisions of section \r\n60. \r\n \r\n(2)  Where the President is not satisfied with the reply to the notice to show cause referred to in \r\nsub­section (1) or any reply to the said notice is not submitted within the period fixed by him, he may \r\norder for an enquiry in the matter and for that purpose appoint an enquiry officer. \r\n \r\n(3)  On the basis of enquiry held under sub­section (2), the President 1[shall submit the enquiry \r\nreport along with his comments to the Election Commission for final decision through the Ministry of  \r\nDefence] \r\n \r\nProvided that before an order of removal is passed the member, 1[or]  1[* * *], Vice­President \r\nagainst whom enquiry proceedings are carried out shall be afforded a reasonable opportunity of being \r\nheard including personal hearing if so requested. \r\n \r\n 1[70.  Resignations of elected members.— (1) An elected member of the Board may resign \r\nfrom his office by writing under his hand addressed to the Presi dent, whereupon the resignation shall \r\nbe deemed to have been accepted and effective forthwith. \r\n \r\n(2)  Copies of all resignations under sub­section (1) shall be forwarded by the President to the  \r\nElection Commission and the Federal Government. \r\n \r\n(3)  Notwithstanding the resignation of a member under sub­section (1), the proceedings for his \r\nremoval, if any, under section 69 already initiated shall not abate.] \r\n \r\n71.  Ineligibility for re-election. Where a member or 1[* * *] Vice­President has been removed \r\n1[,] or recalled 1[or disqualified] he shall not be eligible for re­election to any office of 1[Board] for a \r\nperiod of four years. \r\n \r\n72.  Notification to be issued. The 1[Election Commission] shall notify  every election, by­ \r\nelection and result of such elections and resignation, removal or recall of a member, 1[or] Vice­  \r\nPresident, as the case may be. \r\n \r\n73.  Corrupt practice. A person guilty of bribery, personating, or undue influence shall be  \r\npunishable for an offence of corrupt practice with imprisonment for a term which may extend to three \r\nyears, or with fine which may extend to fifteen thousand rupees, or with both. \r\n \r\n \r\n \r\n \r\n_________________________________________________________________________________________ \r\n1 Omitted, Subs. and Ins. by Act XX of 2015, ss. 12-16. \r\n \r\n \r\n \r\n \r\nPage 44 of 122 \r\n \r\n  74. Bribery. A person is guilty of bribery, if he, directly or indirectly, by himself or by an \r\nother person on his behalf — \r\n \r\n(a) receives, agrees or contracts for any gratification for voting or refraining from \r\nvoting or for being or refraining from being a candidate at, or withdrawing or \r\nretiring from an election; and \r\n \r\n         (b) gives, offers or promises any gratification to any person for the purpose of \r\ninducing \r\n \r\ni. a person to be or to refrain from being a candidate at an election; \r\n \r\nii. a voter to vote or refrain from voting at any election; \r\n \r\niii.  a candidate to withdraw or retire from an election; \r\n \r\niv. rewarding a person for having been or for having refrained from being a \r\ncandidate at an election; \r\n \r\nv. rewarding a voter for having voted or refrained from voting at an election; \r\nor \r\n \r\nvi. rewarding a candidate for having withdrawn or retired from an election. \r\n \r\nExplanation.—In this section, `gratification' includes a gratification in money or \r\nestimable in money and all forms of entertainment or employment for reward. \r\n \r\n  75. Personating. A person is guilty of personating, if he votes or applies for a ballot \r\npaper for voting as some other person whether that other person is living or dead or fictitious. \r\n \r\n  76. Undue influences. A person is guilty of undue influences, if he— \r\n \r\n(a) in order to compel any person to vote, refrain from voting or to induce or compel \r\nany person to withdraw his candidature at any election, directly or indirectly, by \r\nhimself or by any other person on his behalf­ \r\n \r\n(i) makes or threatens to make use of any force violence or restraint; \r\n \r\n(ii) inflicts or threatens to inflict any injury, damage, harm or loss; or \r\n \r\n(iii) uses any official influence or governmental patronage; or \r\n \r\n(b) on account of any person having voted or refrained from voting, or having \r\nwithdrawn his candidature, does any of the acts specified in clause (a); or \r\n \r\n(c) by abduction, duress or any fraudulent device or contrivances \r\n  \r\n \r\n \r\n \r\n \r\nPage 45 of 122 \r\n \r\n(i) impedes or prevents the free exercise of the franchise by a voter; or \r\n \r\n(ii) compels, induces or prevails upon any voter to refrain from voting or \r\ncompels any voter to vote. \r\n \r\nExplanation.— In this section, the expression “harm” includes social ostracism or \r\nexcommunication or expulsion from any caste or community. \r\n \r\n77. Illegal practices. A person is guilty of illegal practice punishable with fine which \r\nmay extend to two thousand rupees, if he— \r\n(a)  obtains or procures, or attempts to obtain or procure, the assistance of any officer \r\nor official of the Federal Government, a Provincial Government or a local \r\ngovernment or authority to further or hinder the election of a candidate; \r\n \r\n(b)  votes or applies for a ballot paper for voting at an election knowing that he is not \r\nqualified, for voting or is disqualified from voting; \r\n \r\n(c)  votes or applies for a ballot paper for voting more than once at any polling station; \r\n \r\n(d)  removes a ballot paper or a ballot box from a polling station or destroys, damages, \r\ntampers with the ballot­box used at a polling station; \r\n \r\n(e)  knowingly induces or procures any person, to do any of the aforesaid acts;  \r\n \r\n(f)  fails to provide statement of election expenses as required under this Ordinance. \r\n \r\n(g)  makes or publishes a false statement— \r\n \r\n(i). concerning the personal character of a candidate or his relation calculated \r\nto adversely affect the election of such candidate or, for the purpose of \r\npromoting or procuring the election of another candidate, unless he proves \r\nthat he had reasonable ground for believing, and did believe, the statement \r\nto be true; \r\n \r\n(ii). relating to the symbol of a candidate whether or not such symbol has been \r\nallocated to such candidate; or \r\n \r\n(iii). regarding the withdrawal of a candidate; \r\n \r\n(h) knowingly, in order to support or oppose a candidate, lets, tends, employs, hires, \r\nborrows or uses any vehicle or vessel for the purpose of conveying voters to or \r\nfrom the polling station, except when a person conveys himself or any member \r\nof the household to which he belongs, to or from the polling station; and \r\n \r\n(i) causes or attempts to cause  any person present  or waiting to vote at the \r\npolling station to  depart without voting. \r\n \r\n \r\n \r\nPage 46 of 122 \r\n \r\n78. Prohibition of canvassing. A person is guilty of an offence punishable with fine which \r\nmay extend to two thousand rupees, if he, on the polling day in connection with the election: \r\n(a) convenes, calls or organizes within a ward any meeting; or \r\n \r\n(b) within a radius of two hundred meters of the polling station \r\n \r\n(i). canvasses for votes; \r\n \r\n(ii). solicits vote of any voter; \r\n \r\n(iii). persuades any voter not to vote at the election or for a particular \r\ncandidate; or \r\n \r\n(iv). exhibits, except with the permission of the Returning Officer and at a \r\nplace reserved for the candidate or his polling agent beyond the radius \r\nof one hundred meters of the polling station, any notice, sign, banner or \r\nflag designed to encourage the voter to vote, or discourage the voters \r\nfrom voting, for any contesting candidate. \r\n \r\n 79. Disorderly conduct near polling station. A person is guilty of an offence punishable \r\nwith imprisonment for a term which may extend to three months, or with fine which may extend to \r\nthree thousand rupees, or with both, if he⸻ \r\n \r\n(a) uses, in such manner as to be audible within the polling station any \r\ngramophone, megaphone, loudspeaker or other apparatus for reproducing or \r\namplifying sounds; \r\n \r\n(b) persistently shouts in such manner as to be audible within the polling station; \r\nor \r\n \r\n(c) does any act which \r\n \r\n(i). disturbs or causes annoyance to any voter visiting a polling station for \r\nthe purpose of voting; \r\n \r\n(ii). interferes with the performance of the duty of the presiding officer, \r\npolling officer or any other person performing any duty at a polling \r\nstation; or \r\n \r\n(iii). abets the doing of any of the aforesaid acts. \r\n \r\n80. Tampering with papers. A person is guilty of an offence punishable with imprisonment for \r\na term which may extend to six month with fine which may extend to six thousand rupees, or with both \r\nif he— \r\n(a) fraudulently defaces or destroys any nomination paper or ballot paper; \r\n \r\n(b) fraudulently takes out of the polling station any ballot paper or puts into \r\nany ballot box any ballot paper other than the ballot paper he is \r\nauthorised under the rules to put in; \r\n \r\n(c) without due authority— \r\n \r\nPage 47 of 122 \r\n \r\n(i). supplies any ballot paper to any person; \r\n \r\n(ii). destroys, takes, opens or otherwise interferes with any ballot box or \r\npacket or ballot paper in use for the purpose of election; or \r\n \r\n(iii). breaks any seal affixed in accordance with the provisions of the rules; \r\nor \r\n \r\n(d) causes any delay or interruption in the beginning, conduct or the completion \r\nof the procedure required to be immediately carried out on the close of the poll; \r\nor \r\n \r\n(e) fraudulently or without due authority attempts to do any of aforesaid acts. \r\n \r\n81.  Interference with the secrecy. A person is guilty of an offence punishable with \r\nimprisonment which may extend to six months, or with fine which may extend to six thousand rupees, \r\nor with both, if he \r\n \r\n(a) interferes or attempts to interfere with a voter when he records his vote; \r\n \r\n(b) in any manner obtains or attempts to obtain, in a polling station information \r\nas to the candidate for whom a voter in that station is about to vote or has voted; \r\nor \r\n \r\n(c) communicates at any time any information obtained in a polling station as to the \r\ncandidate for whom a voter in that station is about to vote or has voted. \r\n \r\n 82.  Failure to maintain secrecy—  Any candidate or polling agent attending a polling station, \r\nor any person attending the counting of votes, is guilty of an offence punishable with imprisonment  \r\nwhich may extend to six months, or with fine which may extend to six thousand rupees, or with both, \r\nif he— \r\n \r\n(a) fails to maintain or aid in maintaining the secrecy of voting; or \r\n \r\n(b) communicates any information obtained at the  counting of votes as to the \r\ncandidate for whom any vote is given by any particular ballot paper. \r\n \r\n 83.  Conduct of officials. A presiding officer , Polling Officer or any officer or clerk \r\nperforming a duty in connection with an election, or any member of a police force, is guilty of an offence \r\npunishable with imprisonment for a term which may extend to six months, or with fine which may  \r\nextend to five thousand rupees, or with both, if he, during the conduct or management of an election or \r\nmaintenance of order at the polling station— \r\n \r\n(a) persuades any person to give his vote; \r\n \r\n(b) dissuades any person to give his vote; \r\n \r\n(c) influences in any manner the voting of any person; \r\n \r\n(d) does any other act calculated to further or hinder the election of a candidate; \r\n \r\nPage 48 of 122 \r\n \r\n(e) fails to maintain or aid in maintaining the secrecy of voting; \r\n \r\n(f) communicates, except for any purpose authorized by any law, to any person before \r\nthe poll is closed any information as to the name or number on the electoral roll of \r\nany voter who has or has not applied for a ballot paper, or has or has not voted at \r\na polling station; or \r\n \r\n(g) communicates any information obtained at the counting of votes as to the \r\ncandidate for whom any vote is given by any particular ballot paper. \r\n \r\n84.  Breach of official duty. A Presiding Officer or any other person employed by any such  \r\nofficer in connection with his official duties imposed by or under this Ordinance, is guilty of an offence \r\npunishable with fine which may extend to five thousand rupees if he, without reasonable cause does or \r\nomits to do an act to breach of any of ficial duty. \r\n \r\n 85.  Assistance by Government servants. A person in the service of the Federal \r\nGovernment, a Provincial Government, a local government, or a body owned or controlled by the \r\nFederal Government or a Provincial Government is guilty of an offence punishable with imprisonment \r\nfor a term which may extend to six months, or with fine which may extend to five thousand rupees, or \r\nwith both, if he, in any manner, gives  any assistance calculated to further or hinder the election of a \r\ncandidate. \r\n \r\n 86.  Summary trial. All offences under this Chapter, except the offences under section 73 to \r\n76, shall be tried summarily under the provisions of the Code of Criminal Procedure 1898 (Act V of \r\n1898). \r\n 1[87.  Jurisdiction of courts barred. No court shall question the legality of any action taken in \r\ngood faith by or under the authority of the Election Commission, the Commissioner, a returning officer, \r\npresiding officer or an assistant presiding officer or any decision given by any of the m or any other \r\nofficer or authority appointed under this Ordinance or the rules made thereunder.] \r\n \r\n 88.  Power to make rules. The Federal Government may, by notification in the official \r\nGazette, make rules for carrying out the purposes of this Chapter. \r\n \r\n1[88A. Removal of difficulties.— (1) If any difficulty arises in giving effect to any of the \r\nprovisions in this chapter of this Ordinance as in force, the Election Commission may make such \r\norders, directives or instructions for the removal of difficulty as it may deem fit. \r\n \r\n(1) The provision of this section shall come into force at once, notwithstanding \r\nsub­section (3) of  section 1. \r\n \r\n88B.  Overriding effect.— (1)The provisions of this Ordinance as amended by the \r\nCantonments (Amendment) Ordinance, 2015 (VI of 2015) shall have effect, notwithstanding anything \r\ncontained in the Cantonments Act, 1924 (II of 1924) or any other law for the time being in force. \r\n \r\n(2)  The provision of this section shall come into force at once, notwithstanding sub­section \r\n(3) of section 1.] \r\n \r\n__________________________________________________________________________________________________  \r\n1Subs. and Ins. by Act XX of 2015, ss 17­18. \r\n \r\nPage 49 of 122 \r\n \r\nCHAPTER X \r\nSUPERVISION AND CONTROL \r\n 89. Power of Government to require production of documents. The Federal Government \r\nsuch other authority as it may authorize by the Government in this behalf may, at any time require a  \r\nlocal government in the cantonment— \r\n(a) to produce any record, correspondence, plan or other document in its possession \r\nor under its control; \r\n \r\n(b) to furnish any return, plan, estimate, statement, accounts or statistics relating \r\nto its proceedings, duties or works; and \r\n \r\n(c) to furnish or obtain and furnish any report; \r\n \r\n 90. Power of Competent Authority to call for documents.  The Competent Authority \r\nmay— \r\n \r\n(a) call for any book or documents in the possession or under the control of a local \r\ngovernment; and \r\n \r\n(b) require the local government to furnish such statements, accounts reports and \r\ncopies of the documents relating to the proceedings, duties or works as he thinks \r\nfit. \r\n \r\n 91. Power to require execution of works, etc. If, on receipt of any information or report \r\nobtained under section 89 or 90, the Federal Government or, as the case may be, the Competent  \r\nAuthority is of opinion.— \r\n \r\n(a) that any duty imposed on a local government by or under this Ordinance has not \r\nbeen performed or has been performed in an imperfect, inefficient or unsuitable \r\nmanner; or \r\n \r\n(b) that adequate financial provision has not been made for the performance of any \r\nsuch duty, it or he may direct the concerned local government, within such \r\nperiod as it or he thinks fit, to make arrangements to its or his satisfaction for the \r\nproper performance  of the duty, or , as the  case may be,  to make financial \r\nprovision to its or his satisfaction for the performance of the duty: \r\n \r\nProvided that, unless in the opinion of the Federal Government or the Competent \r\nAuthority, as the case may be, the immediate execution of such order  is \r\nnecessary, it shall, before making any direction under this section, give the \r\nconcerned local government opportunity of showing cause why such \r\ndirection should not be made. \r\n \r\n92.  Power to provide for enforcement of direction under section 91. If, within the period \r\nfixed by a direction made under section 91 any action directed under that section has not been duly \r\ntaken, the Federal Government or the Competent Authority , as the case may be, may make \r\narrangements for taking of such action and may direct that all expenses connected therewith shall be \r\ndefrayed out of the local fund. \r\n \r\n \r\nPage 50 of 122 \r\n \r\n93.  Power to override decision of the local government.— (1) If the President, dissents with \r\ndecision of a local government which he considers prejudicial to the health, welfare discipline or  \r\nsecurity of the troops in the cantonment, he may, for the reasons to be recorded, by order direct the  \r\nsuspension of action thereon f or any period not exceeding one month, and, if he does so, he shall  \r\nforthwith refer the matter to the Garrison Commander and in case the Officer Commanding the station \r\nis himself the Garrison Commander, to the Corps Commander for final decision. \r\n \r\n(2)  The Director (ML&C) shall assist and advise the Garrison Commanders Corps \r\nCommanders, and officers of equivalent command for Naval and Air Force Cantonments in the \r\nperformance of this function. \r\n \r\n94.  Power of Garrison Commander on reference under section 93. When any decision of \r\nthe local government has been referred to him under section 93, the Garrison Commander may, by \r\norder in writing— \r\n(a)  cancel the order given by the President directing the suspension of action; or \r\n \r\n(b)  extend the duration of the order for such period as he thinks fit; or \r\n \r\n(c)  after giving the local government a reasonable opportunity of showing cause why such  \r\ndirections shall not be made, direct that the decision shall not be carried into effect or \r\nthat it shall be carried out by the local government with such modifications as he may \r\nspecify. \r\n \r\n 95.  Inspection.— (1) There shall be an annual inspection of Cantonment Administration under \r\narrangements of respective Garrison Commander and, in case the Officer Commanding the station is \r\nhimself the Garrison Commander, under the arrangements of the Corps Commander. \r\n \r\n(2) The Director (ML&C) shall assist and advise the Garrison Commanders , Corps \r\nCommanders and officers of equivalent command for Naval and Air Force Cantonments in the \r\nperformance of this function. \r\n \r\n(3)  The inspecting authority shall advise the Cantonment Administrator to take appropriate \r\naction on the report within thirty days. \r\n \r\n(4)  The Cantonment Administrator shall annually inspect the Union Administration. \r\n \r\n(5)  The Cantonment Administrator shall advise the Union Nazim to take appropriate action on \r\nthe report within thirty days. \r\n \r\n(6) If any action is required to be taken against the concerned Nazim, the Cantonment \r\nAdministrator may, initiate proceedings for recall against such Nazim as provided in section \r\n39. \r\n \r\n96.  Report on administration. Every Cantonment Administration shall, as soon as may be \r\nafter the close of the year and not later than the date fixed in this behalf by the Government, submit to \r\nthe Government, through the Competent Authority a report on the administration of the cantonment  \r\nincluding of  the Union Councils therein,  during the  preceding financial year,  in such  form and  \r\ncontaining such details as the  Government may direct. The comments, if any of the  Competent \r\nAuthority on the report shall, be communicated by him to the Cantonment Administration which shall \r\nbe allowed a reasonable time to furnish a reply thereto and the comments together with the reply, if  \r\nany, shall be forwarded to the Government along with the report. \r\n \r\n \r\n \r\nPage 51 of 122 \r\n \r\n97.  Enquiries.— (1) The Garrison Commander and in case the Officer Commanding the \r\nstation is himself the Garrison Commander, the Corps Commander or the Director General (ML&C) \r\nmay require a Cantonment Administrator to conduct an enquiry into any matter concerning respective \r\nlocal government and submit the report along with the proceedings of the enquiry. \r\n \r\n(2)  The Director (ML&C) shall assist and advise the Garrison Commanders Corps \r\nCommanders and officers of equivalent  command for Naval and Air Force Cantonments in the \r\nperformance of this function. \r\n \r\n(3)   On the basis of the findings of the enquiry, the Garrison Commander, and in case the \r\nOfficer Commanding the station is himself the Garrison Commander, the Corps Comman der, shall \r\nadvise the Cantonment Administrator and the President to take appropriate action on the report within \r\nthirty days and place it before the Board for information. \r\n \r\n(4)   In case of a Union Council the Cantonment Administrator may require a Union Nazim to \r\nconduct an enquiry into any matter concerning the Union Council and submit a report along with the  \r\nproceedings of the enquiry to the Cantonment Administrator. \r\n \r\n(5)  On the basis of findings of enquiry, the Cantonment Administrator shall advise the Union \r\nNazim to take appropriate action on the report within thirty days and place it before the Union Council \r\nfor information. \r\n \r\n98.  Transparency.— (1) Every citizen shall have the right to information about any office of \r\nthe Cantonment Administration and Union Administration. \r\n \r\n(2)  Every office shall provide requisite information, if not restricted under any law for the time \r\nbeing in force, on the prescribed forms and on payment of such fee as may be prescribed. \r\n \r\n(3)  Information about the staffing and the  performance of the office of a local government \r\nduring the preceding month shall, as far as possible, be displayed at a prominent place within the \r\npremises of the office for access by the citizens. \r\n \r\n99.  Monitoring by committees. — (1) The Monitoring Committees of Board shall be \r\nresponsible for monitoring the functioning of  the offices of the Cantonment Administration and  \r\npreparing quarterly evaluation reports on the prescribed format. \r\n \r\n (2)  The Monitoring Committees of Union Council shall be responsible for monitoring \r\nthe functioning of all offices of local government, Cantonment Administration and Union \r\nAdministration for delivery of services within its area and preparing quarterly evaluation \r\nreports on the prescribed format. \r\n \r\n(3) The reports  referred to in sub­sections (1) and (2) shall, in particular, contain \r\nevaluation of the performance of each office in relation to— \r\n \r\n(a) achievement of its targets; \r\n \r\n(b) responsiveness to citizens difficulties; \r\n \r\n(c) efficiency in the delivery of services; and \r\n \r\n(d) transparent functioning. \r\n \r\n \r\nPage 52 of 122 \r\n \r\n(4)  The Monitoring Committees shall submit their quarterly reports to the respective Boards \r\nor councils which may through a resolution require the Cantonment Administrator to take necessary  \r\naction. \r\n \r\n(5)  The Monitoring Committees shall function without intruding and interfering in the day to \r\nday working of the offices of the local governments and shall not cause any harassment to the \r\nfunctionaries thereof, nor shall assume command and control of such offices. \r\n \r\n(6)  Notwithstanding any punishment provided in any law for the time being in force, any \r\nmember of the Monitoring Committee violating the provisions of sub­section (4) and sub­section (5) \r\nshall be removed from the Monitoring Committee by the respective Board or council. \r\n \r\n(7)  Any functionary being aggrieved of any misbehaviour, undue interference,  harassment or \r\nmisconduct by a member or members of a Monitoring Committee may report to the Ethics Committee \r\nof the concerned local government and may invoke disqualification proceedings against such member \r\nor members. \r\n \r\n(8)  The concerned Monitoring Committee may recommend to  the President the payment of \r\nbonuses or performance pay to the functionaries of the local governments in recognition of their  \r\nefficient performance, subject to availability of funds for this purpose. \r\n \r\n(9)  The concerned Monitoring Committee may identify inefficiency or corruption of \r\nfunctionaries of local governments and report to the President for appropriate  action and remedial \r\nmeasures and  the President shall inform the concerned Board or council within thirty days of the action \r\ntaken by him. \r\n \r\n100.  Code of Conduct Committees of the Union Councils and the Board.— (1) There shall \r\nbe an   Ethics Committee of each Union Council and Board, consisting of such number of members \r\nas the Union Council or the Board may determine. \r\n \r\n(2)  The Ethics Committee shall ensure adherence of all members of the Union Councils and \r\nthe Boards, Vice­Presidents, Nazims and Naib Nazims to the prescribed code of ethics for promoting \r\ntheir honest, responsible and efficient functioning and behaviour. \r\n \r\n(3)  The Ethics Committee shall monitor the conduct of the members and report to the \r\nconcerned Union Council and the Board the incidents of inefficiency and corruption. \r\n \r\n(4)     On receipt of a report under sub­section (3), a Union Council or Board may, by resolution \r\nof the majority of its members, invoke proceedings of disqualification against such member. \r\n \r\n _______________\r\n \r\nPage 53 of 122  \r\nCHAPTER XI \r\n \r\nLOCAL GOVERNMENT PROPERTY AND CONTRACTS PROPERTY \r\n \r\n101.  Local government property. Subject to any special reservation made by the \r\nGovernment, all property of the nature hereinafter in this section specified which has been acquired or \r\nsucceeded from the predecessor Board or provided or is maintained by a local government shall vest \r\nin, and belong to, the concerned local government and— \r\n \r\n(a) all markets, slaughter­houses, manure and night soil depots and buildings of \r\nevery description; \r\n \r\n(b) all water­works for  the supply, storage or distribution of water for public \r\npurposes and all bridges, buildings, materials, and things connected therewith or \r\nappertaining thereto; \r\n \r\n(c) all sewers, drains, culverts and water­courses, and all works, materials and \r\nthings as pertaining thereto; \r\n \r\n(d) all dust, dirt, dung, ashes, refuse, animal matter, filth and rubbish of every kind, \r\nand dead bodies of animals, collected by the concerned local government from \r\nthe streets, houses,  privies, sewers, cesspools or elsewhere, or deposited in \r\nplaces appointed by the local government for such purpose; \r\n \r\n(e) all lamps and lamp­posts and apparatus connected therewith or appertaining \r\nthereto; \r\n \r\n(f) all lands or other property transferred to the local government by the Federal \r\nGovernment or a Provincial Government, or by gift, purchase or otherwise for \r\nlocal public purposes; and \r\n \r\n(g) all streets and pavements, stones and other materials thereof, and also all trees, \r\nerections, materials, implements, and things existing on or appertaining to \r\nstreets, shall be under its direction, management and control. \r\n \r\n102.  Application of local government property. All properties vested in a local government \r\nshall be applied for the purposes, whether express or implied, for which, by or under this Ordinance \r\nor any other law for the time being in force, powers are conferred or duties or obligations are imposed \r\nupon the local government: \r\n \r\n Provided that the local government shall not incur any expenditure for acquiring and renting \r\nland beyond the cantonment limits,— \r\n \r\n(a) with sanction of the Government; and \r\n \r\n(b) on such terms and conditions as the Government may impose. \r\n \r\n103.  Surcharge for the loss, etc. Every member of a local government, every official or \r\nservant of a local government and every person charged with the administration of a local government \r\nor acting on  behalf of a local government shall be  liable for  the loss, waste,  misappropriation or  \r\nmisapplication of any money or property belonging to a local government, which is direct consequence \r\nof his negligence or misconduct and shall be liable to pay such surcharge as may be determined by the \r\nGovernment and after giving the person concerned a reasonable opportunity of  being heard, such \r\namount shall be recoverable as a public demand or as arrear of land revenue. \r\n \r\n \r\nPage 54 of 122  \r\n104.  Acquisition of immovable property. When there is any hindrance to the permanent or  \r\ntemporary acquisition upon payment of the land required by a local government for the purpose of this \r\nOrdinance the Provincial Government may, at the request of local government procure the acquisition \r\nthereof under the provisions of the  Land Acquisition Act, 1894 (I of 1894) and  on payment by the \r\nlocal government of the compensation awarded under the said Act and of the charges  incurred by the \r\nProvincial Government in connection with the proceedings, the land shall vest in the  concerned local \r\ngovernment. \r\n \r\n105.  Stock taking.— (1) The Cantonment Administrative Officer shall, on assumption of his \r\noffice and thereafter, once in every year on a date fixed b y him, take the physical stock of moveable \r\nand immoveable properties of the Cantonment Administration and submit a report to the Board. \r\n \r\n \r\n(2) The report referred to in sub­section (1) shall contain— \r\n \r\n(a) particulars of the properties held during the preceding year; \r\n \r\n(b) total value of the property, annual return therefrom and change in its value, if \r\nany; \r\n \r\n(c) particulars of unserviceable articles; \r\n \r\n(d) particulars of losses, if any; and \r\n \r\n(e) proposals for utilization, development and improvement during the following \r\nyear. \r\n \r\n106.  Power to make rules regarding property. The Government by notification in the \r\nofficial Gazette, may make rules to provide for all or any of the following matters, namely: \r\n \r\n(a) the conditions on which property may be acquired by a local government or on \r\nwhich property vested in a  local government may  be transferred by sale, \r\nmortgage, lease, exchange or otherwise; and \r\n \r\n(b) any other matter relating to the local government property in respect of which \r\nno provision or insufficient provision is made by or under this Ordinance, and \r\nprovision is, in  the opinion of the Government necessary. \r\n \r\nCONTRACTS \r\n \r\n107.  Essential requirement of a contract. Every contract made on behalf of the Cantonment \r\nAdministration shall be in writing as prescribed and be sealed with the common seal of the Cantonment \r\nAdministration. \r\n \r\n108.  Power to make rules regarding contracts. The Government shall prescribe by rules, \r\nthe authority to make contracts, manner of making contracts,  personal responsibility of the  persons \r\napproving or making contracts,  mode of inviting tenders,  security for performance  of contracts,  \r\nenforcement of contracts, and other conditions for the completion of contracts. \r\n \r\n \r\n                                       \r\n \r\n \r\n \r\nPage 55 of 122  \r\nCHAPTER XII \r\n \r\nPUBLIC SAFETY AND SUPPRESSION OF NUISANCES DANGEROUS AND \r\nOFFENSIVE  TRADES \r\n \r\n109.  Dangerous and offensive articles and trades.— (1) The articles and trades specified in \r\nthe Second Schedule shall be deemed to be dangerous or offensive for the purpose of this section \r\n \r\n(2)  Except under and in conformity with the conditions of a licence granted by the concerned \r\nlocal government— \r\n \r\n(a) no person shall carry on any dangerous and offensive trade; \r\n \r\n(b) no premises shall be used or offered to be used for any dangerous or offensive \r\ntrade; and no person shall store or keep in any premises \r\n \r\n(i) any dangerous or offensive articles for domestic use; or \r\n \r\n(ii) any dangerous or offensive articles in excess of such limits and quantity \r\nas may be fixed by the bye­laws. \r\n \r\n(3)  Notwithstanding the grant of a licence under sub­section (2), the concerned local \r\ngovernment­ may, for reasons to be recorded, and after notice to the person affected, pass on order for \r\nthe prohibition, closure or removal of any offensive and dangerou s trade of article if such action is  \r\ndeemed expedient or necessary to implement the order. \r\n \r\nPREVENTION OF FIRE \r\n \r\n110.  Use of inflammable materials for building purposes. — (1) The Cantonment \r\nAdministration may, by public notice, direct that within such limits in the local area as may be specified \r\nin the notice, the roofs and external walls of huts or other buildings shall not, without the permission \r\nin writing of the Cantonment Administration, be made or renewed of grass, mats, leaves or other \r\ninflammable materials, and may, by notice in writing, require any person who has disobeyed any such \r\ndirection as aforesaid to remove or alter the roofs or walls so made or renewed. \r\n \r\n(2)  The Cantonment Administration may, require the owner of any building which has no \r\nexternal roof or wall made of any such material as aforesaid to remove such roof or wall within such \r\ntime as may be specified in the notice, notwithstanding that a public notice under sub­section (1) \r\nhas not been issued or the such roof or wall was made with the consent of the Cantonment \r\nAdministration or before the issue of such public notice: \r\n \r\nProvided that, in case of any such roof or wall in existence before the issue of such a public  \r\nnotice or made with the consent of the Cantonment Administration, the Cantonment Administration \r\nshall make compensation, not exceeding the original cost of constructing the roof or wall, for any  \r\ndamage caused by the removal. \r\n \r\n111.  Stacking or collecting inflammable materials. A local government may, by public \r\nnotice, prohibit in any case where such prohibition appears to it to be necessary for the prevention of \r\ndanger to life or property, the stacking or collecting the wood, dry grass, straw or other inflammable \r\nmaterials, or the placing of mats or thatched huts or the lighting of fires in any place in the local area, \r\nor within any limits therein, which may be specified in the notice. \r\n \r\n \r\n \r\nPage 56 of 122  \r\n112.  Care of naked lights. No person shall set a naked light on or near any building in  any \r\nstreet or other public place in a cantonment in such manner as to cause danger of fire: \r\nProvided that nothing in this section shall be deemed to prohibit the use subject to the \r\npermission in writing of local government, of lights for purposes of illumination on the occasion of a \r\nfestival or public or private entertainment. \r\n \r\n113. Fire-fighting.— (1) For the prevention and extinction of fires, the Cantonment \r\nAdministration shall maintain a fire brigade consisting of such staff and such number of fire stations \r\nand such  implements, machinery, equipment and means of communicating intelligence as may be \r\nnecessary. \r\n \r\n(2)  The Cantonment Administration shall prepare fire­fighting plan and revise it at least once \r\na year. \r\n \r\n114. Discharging fire works, fire-arms, etc. No body in a local area shall discharge any  fire \r\narm or let off fire works or fire balloons, or detonate, engage in any game or carry on works such as \r\nblasts, timber cutting or building operation in such manner as to cause or likely to cause danger to \r\npersons passing by or dwelling or working in the neighborhood or risk of injury to property. \r\n \r\nPUBLIC SAFETY \r\n \r\n115.  Power to require buildings, wells, etc. to be rendered safe. Where in a local area any \r\nbuilding or  wall or  anything affixed thereto, or any well, tank,  reservoir, pool, depression, or \r\nexcavation, or any bank or tree, is in the opinion of the Cantonment Administration in a ruinous state \r\nor for want of sufficient repairs, protection or enclosure a nuisance or dangerous to persons passing by \r\nor dwelling or working in the neighborhood, the Cantonment Administration by notice in writing \r\nrequire the owner or part owner or person claiming to be the owner or part owner thereof, or failing \r\nany of them the occupier thereof to remove the same, or may require him to repair, or to prot ect or \r\nenclose the same in such manner as it thinks necessary; and, if the danger is, in the opinion of the  \r\nCantonment Administration, imminent, it shall forthwith take such steps as it thinks necessary to avert \r\nthe same. \r\n \r\n116.  Enclosure of waste land used for improper purposes. The Cantonment Administration \r\nmay, by notice in writing, require the owner or part­owner, of any building or land in the local area or \r\nthe lessee or the person claiming to be the lessee of any such land, which by reason of disuse or  \r\ndisputed ownership or other causes, has remained unoccupied and has become the resort of idle and \r\ndisorderly persons or of persons who have no ostensible means of subsistence or cannot give a \r\nsatisfactory account of themselves, or is used for gaming or immoral purposes, or otherwise occasions \r\nor is likely to occasion a nuisance, to secure and enclose the same within such time as may be specified \r\nin the notice. \r\n \r\n117.  Civil defence. The Cantonment Administration shall be responsible for the civil defence \r\nof its local area, and shall in this behalf, perform such functions as may be specified by Government. \r\n \r\n118.  Floods. For the fighting of floods, rescuing of people from the flood affected areas, and  \r\naffording relief of flood­stri cken people, the Cantonment Administration shall provide such boats,  \r\nappliances and equipments as may be specified by Government. \r\n \r\n 119.  Registration and control of dogs.— (1) A Board may make bye­laws to provide \r\nfor the registration of all dogs kept within such area or of areas within cantonment as may be \r\nspecified. \r\n \r\n \r\nPage 57 of 122  \r\n(2)  Such bye­laws shall— \r\n \r\n(a) require the registration, by the Cantonment Administration of all dogs kept \r\nwithin the area or areas specified or any part thereof; \r\n \r\n(b) require that every registered dog shall wear a collar to which shall be attached \r\na metal  token to be issued by the registration authority of the concerned \r\nCantonment Administration and fix the fee payable for the issue thereof; \r\n \r\n(c) require that any dog which has not been registered or which is not wearing such \r\ntoken shall, if found in any public place, be detained at a place set apart for the \r\npurpose; and \r\n \r\n(d) fix the fee which shall be charged for such detention and provide that any such \r\ndog shall be liable to be destroyed or otherwise disposed of unless it is claimed \r\nand the fee in respect thereof is paid within one week, and may provide for such \r\nother matters as the Board thinks fit. \r\n \r\n(3)  A Cantonment Administration may: \r\n \r\n(a) cause to be destroyed or confined for such period as it may direct, any dog or \r\nother animal which is, or is reasonably suspected to be, suffering from rabies, or \r\nwhich has been bitten  by any dog or other animal suffering or suspected to be \r\nsuffering from rabies; and \r\n \r\n(b) by public notice direct that, after such date as may be specified in the notice, \r\ndogs which are without collars or without marks distinguishing them as private \r\nproperty and are found straying on the streets or beyond the enclosures of the \r\nhouses of their owners if any may be destroyed, and cause them to be destroyed \r\naccordingly. \r\n \r\n(4)  No damages shall be payable in respect of any dog or other animal destroyed or otherwise \r\ndisposed of under this section. \r\n \r\n(5)  Whoever, being the owner and the person in charge of any dog, neg lects to restraint it so \r\nthat it shall not be at large in any street without being muzzled and without being secured by a chain \r\nlead or leash in any case which— \r\n \r\n(a) he knows that the dog is likely annoy or intimidate any person; or \r\n \r\n(b) the Cantonment Administration has, by public notice during the prevalence of \r\nrabies, directed that dogs shall not be at large without muzzles and leash, shall \r\nbe punishable with the punishment as provided in the Third Schedule. \r\n \r\n(6)  Whoever— \r\n \r\n(a) allows any ferocious dog which belongs to him or is in his charge to be at large \r\nwithout being muzzled; or \r\n \r\n(b) sets on or urges any dog or other animal to attack, worry or intimidate any \r\nperson, or \r\n \r\n(c) knowing or having reason to believe that any dog or animal belonging to him \r\nor in his charge has been bitten by an animal suffering or reasonably suspected \r\nto be suffering from rabies, neglects to give immediate information of the fact \r\nto the Cantonment Administration or gives information which is false, shall be \r\npunishable with punishment as provided in the Third Schedule. \r\n \r\n \r\nPage 58 of 122  \r\n120.  Traffic control.— (1) The Board shall, by bye­laws, make such arrangements for the \r\ncontrol and regulation of traffic as may be necessary to prevent danger to and ensure the safety, \r\nconvenience and comfort of the public. \r\n \r\n(2)   The Cantonment Administration may, provide for parking motor vehicles on such public  \r\nplaces as may be determined by it. \r\n \r\n  121.  Public vehicles.— (1) No person shall keep or let for hire or drive or propel, within the \r\nlimits of the cantonment, any public vehicle, except under a licence granted by the Cantonment \r\nAdministration, and in conformity with the conditions of such licence. \r\n \r\n(2)  No horse or other animal shall be used for drawing a public vehicle within the local area  \r\nexcept under the licence granted by the Cantonment Administration and in conformity with the  \r\nconditions of such licence. \r\n \r\n(3)  The Cantonment Administration shall, in such manner as in the bye­laws may fix the rate \r\nof fares for the use of public vehicles except motor vehicles, and no person plying a public vehicle \r\nshall charge a rate in excess thereof. \r\n \r\n(4)  In this section, the expression “public vehicle” means any vehicle except a motor vehicle  \r\nwhich ordinarily plies for hire. \r\n \r\n122.  Public ferries.— (1) The Board may, by bye­laws provide for the licensing of boats and \r\nother vessels plying for hire in a public watercourse and may specify the terms and conditions for the \r\ngrant of licences and the fees to be charged therefor. \r\n \r\n(2)  Government may declare any part of the public watercourse to be a public ferry and may  \r\nentrust the management thereof to the Cantonment Administration which shall manage and operate  \r\nthe public ferry in such manner and levy such toll as may be necessary. \r\n \r\n____________ \r\n              \r\n   CHAPTER XIII \r\n \r\nSANITATION AND THE PREVENTION AND TREATMENT OF DISEASE SANITARY  \r\nAUTHORITIES \r\n \r\n123.  Responsibility for sanitation. The following officers shall, for the purposes of sanitation, \r\nhave control over, and be responsible for  maintaining in a  sanitary condition, those  parts of a \r\ncantonment, respectively, which are specified in the case of each, that is to say: \r\n \r\n(a) the Officer Commanding the station all buildings and lands which are occupied \r\nor used for army purposes; \r\n \r\n(b) the Officer Commanding the naval forces in the cantonment all buildings and \r\nlands which are occupied or used for naval purposes; \r\n \r\n(c) the Officer Commanding the air force in the cantonment all buildings and lands \r\nwhich are occupied or used for air­force purposes; \r\n \r\n(d) the Officer Commanding the Defence Production cantonment  all buildings \r\nand lands which are occupied or used for Defence Production purposes; and \r\n \r\n(e) the head of any civil department occupying as such any part of the \r\ncantonment all buildings and lands in his charge as head of that department. \r\n \r\nPage 59 of 122  \r\n124.  General duties of Health Officer.— (1) The Health Officer shall exercise a general \r\nsanitary supervision over the whole cantonment, and shall submit monthly to the Board report as to \r\nthe sanitary condition of the cantonment, together with such recommendations in connection herewith \r\nas he thinks fit. \r\n \r\n(2)   The Assistant Health Officer shall perform such duties in connection with the sanitation \r\nof the cantonment as are, subject to the control of the Cantonment A dministration, allotted to him by \r\nthe Health Officer. \r\n \r\n125.  Public latrines, urinals and conservancy establishment. All public latrines and urinals \r\nprovided or maintained by a Cantonment Administration shall be so constructed as to provide separate \r\ncompartments for each sex and not to be a nuisance, and shall be provided with all necessary  \r\nconservancy establishment, and shall regularly be cleansed and kept in proper order. \r\n \r\n126.  Private latrines and urinals.— (1) A Cantonment Administration may, by notice in \r\nwriting— \r\n \r\n(a) require any person having the control whether as owner, lessee or occupier of \r\nany land or building— \r\n \r\n(i) to close any cesspool appertaining to the land or building which is, in \r\nthe opinion of the Cantonment Administration a nuisance; \r\n \r\n(ii) to keep in a clean condition, in such manner as may be prescribed by the \r\nnotice, any receptacle or filth or sewage accumulating on the land or in \r\nthe building; \r\n \r\n(iii) to prevent the water of any private latrine, urinal, sink or bath­room or \r\nany other offensive matter, from soaking, draining or flowing, or being \r\nput, from the land or  building upon any street  or other public place or \r\ninto any watercourse or other specified water body or into any drain not \r\nintended for the purpose; \r\n \r\n(iv) to collect and deposit for removal by the conservancy establishment of \r\nthe Cantonment Administration within such time and in such receptacle \r\nor place, situated at not more than thirty­five metres from the nearest \r\nboundary of the premises, as may be specified in the notice, any \r\noffensive matter or rubbish which  such person has allowed to \r\naccumulate or remain under, in or on such building or land; or \r\n \r\n(b) require any person to desist from making or altering any drain leading into a \r\npublic drain; or \r\n \r\n(c) require any person having the control of a drain to cleanse, purify, repair or alter \r\nthe same, or otherwise put it in good order, within such time as maybe specified \r\nin the notice. \r\n \r\n(2)  Where any premises are without privy or urinal accommodation, or without adequate privy \r\nor urinal accommodation, or the privy or urinal is on any ground objectionable, the Cantonment \r\nAdministration may, by notice, require the owner or occupier of such premises— \r\n \r\n(a) to provide such or such additional privy or urinal accommodation as may  be \r\nprescribed in the notice; \r\n \r\nPage 60 of 122  \r\n(b) to make such structural or other alteration in the existing privy or urinal \r\naccommodation as may be so specified; \r\n \r\n(c) to remove the privy or urinal; and  \r\n \r\n(d) where there is any underground sewerage system to substitute connected privy \r\nor connected urinal accommodation or any servile privy or service urinal \r\naccommodation. \r\n \r\n(3)  In case the owner or occupier of any building or land who has been served notice under \r\nsub­ section (2), fails to make arrangements to the satisfa ction of the Cantonment Administration for \r\nthe matter referred to in this section, the Cantonment Administration may undertake such roles and the \r\ncost so incurred shall be deemed to be a tax levied under this Ordinance on the owner or occupier. \r\n \r\n(4) The Cantonment Administration may, by notice in writing,— \r\n \r\n(a) require the owner or other person having the control of any private latrine or \r\nurinal not to put the same for public use; or \r\n \r\n(b) where any plan for the construction of private latrines or urinals has been \r\napproved by the Cantonment Administration and copies thereof may be obtained \r\nfree of charge on application; \r\n \r\n(i) require any person repairing or constructing any private latrine or urinal not to \r\nallow the same to be used until it has been inspecte d by or under the direction \r\nof the Cantonment Administration and approved by it as conforming with such \r\nplan; or \r\n \r\n(ii) require any person having control of any private latrine or urinal to re­build or \r\nalter the same in accordance with such plan; or \r\n \r\n(c) require the owner or other person having the control of any such private latrine \r\nor urinal which, in the opinion of the Cantonment Administration constitutes a \r\nnuisance, to remove the latrine or urinal; or \r\n \r\n(d) require any person having the control whether as owner, lessee or occupier of \r\nany land or building— \r\n \r\n(i) to have any latrines provided for the same covered by a sufficient roof and wall \r\nor fence from the view of persons passing by or dwelling in the neighbourhood; \r\nor \r\n \r\n(ii) to keep such latrine or urinal in proper state to the satisfaction of the Cantonment \r\nAdministration and to employ such staff for the purpose as may be necessary or \r\nas may be specified by the Cantonment Administration; or  \r\n \r\n(e) require any person being the owner and having the control of any drain to \r\nprovide, within ten days from the service of the notice, such covering as may be \r\nspecified in the notice. \r\n \r\n127.  Removal, collection and disposal of refuse.— (1) The Cantonment Administration shall \r\nmake adequate arrangement for the removal of refuse from all public roads and streets, public latrines, \r\nurinals, drains and all buildings and lands vested in a local government and for the collection and  \r\ndisposal of such refuse. \r\n \r\nPage 61 of 122  \r\n(2)  The occupiers of all other buildings and lands within th e local area of a Cantonment \r\nAdministration shall be responsible for the removal of refuse from such buildings and lands subject to \r\nthe general control and supervision of the Cantonment Administration where relevant. \r\n \r\n(3)  The Cantonment Administration sha ll cause public dustbins or other suitable receptacles \r\nto be provided at suitable places and where such dustbins or receptacles are provided, the Cantonment \r\nAdministration may, by public notice, require that all refuse accumulating in any premises or land \r\nshall be deposited by the owner or occupier of such premises or land in such dustbins or receptacles. \r\n \r\n(4)  All refuse removed and collected by the staff of a Cantonment Administration or under its \r\ncontrol and supervision and all refuse deposited in the dustbins and other receptacles provided by the \r\nCantonment Administration shall be its property. \r\n \r\n(5)  The Cantonment Administration may, by notice issue directions as to the manner in which \r\nand the conditions subject to which, any matter referred to in this section may be carried out. \r\n \r\n128. Power of Cantonment Administration to undertake private conservancy \r\narrangements.— (1) On the application or with the consent of the occupier of any building or land \r\nand if an occupier fails to make arrangements to the satisfaction of the Health Officer for the matters \r\nreferred to in this section, without such consent, and after giving notice in writing to the occupier, the \r\nCantonment Administration may undertake the house scavenging of any building or land in the local \r\narea for such period as it thinks fit on such terms as it may prescribe in this behalf. \r\n \r\n(2)  Where the Cantonment Administration has undertaken the duties referred to in this section, \r\nall matters removed in the performance of such duties shall be the property of the Cantonment \r\nAdministration. \r\n \r\n129. Insanitary building and lands.— (1) The Cantonment Administration may, by notice, \r\nrequire the owner or occupier of any building or land which is in insanitary or unwholesome state— \r\n \r\n(a) to clean or otherwise put it in a proper state; \r\n \r\n(b) to make arrangements to the satisfaction of the Cantonment Administration for \r\nits proper sanitation; and \r\n \r\n(c) to limewash the building and to make such essential repairs as may be \r\nspecified in the notice. \r\n \r\n(2)  If in the opinion of the Cantonment Administration any well, tank, reservoir, pool, \r\ndepression, or excavation, or any bank or tree, is in a ruinous state or for want of sufficient repairs, \r\nprotection or enclosure and a nuisance or dangerous to persons passing by or dwelling or working in \r\nthe neighbourhood, the Cantonment Administration may by notice in writing, require the owner or \r\npart­ owner or person claiming to be the owner or part­ owner thereof, or, failing any of them, the \r\noccupier thereof to remove the same, or may require him to repair, or to protect or enclose the same in \r\nsuch manner as it thinks necessary and, if the danger is, in the opinion of the Cantonment \r\nAdministration imminent, it shall forthwith take such steps as it thinks necessary to avert the same. \r\n \r\n(3)  In case of failure to comply with the requirements of sub­sections (1) and (2) the \r\nCantonment Administration may seal the premises till the owner meets the requirements under the \r\nsupervision of Cantonment Administration. \r\n \r\n130.  Removal of congested buildings. — (1) Where it appears to a Cantonment \r\nAdministration that any block of buildings in the local area is in an unhealthy condition by reason of \r\nthe manner in which the buildings are crowded together or of the narrowness or the closeness o f the \r\nstreet, or the want of proper drainage or ventilation, or of the impracticability of cleaning the buildings \r\nor other similar cause, it may cause the block to be inspected by a committee consisting of— \r\n \r\nPage 62 of 122  \r\n(a) the Health Officer, or the Assistant Health Officer;. \r\n \r\n(b) an elected member of the Board; and \r\n \r\n(c) the Cantonment Administration Engineer. \r\n \r\n(2)  The committee shall make a report in writing to the Cantonment Administration regarding \r\nthe sanitary condition of the block, and if it considers that the condition thereof is likely to cause risk \r\nof disease to the inhabitants of the building or of the neighbourhood or otherwise to endanger the \r\npublic health, it shall clearly indicate on a plan verified by the Engineer, the building which should in \r\nits opinion wholly or in part be removed in order to abate the unhealthy condition of the block. \r\n \r\n(3)  If, upon receipt of such report, the Cantonment Administration is of opinion that all or any \r\nbuildings indicated should be removed, it may, by notice in writing, require the owners thereof to  \r\nremove them: \r\n \r\nProvided that the Cantonment Administration shall make compensation to the owners for any  \r\nbuildings so removed which may have been erected under proper authority: \r\n \r\nProvide further that the Cantonment Administration way,  if it  considers it  equitable in the  \r\ncircumstances so to do, pay to the owner such sum as it thinks fit as compensation for any buildings  \r\nto be removed which have not been erected under proper authority. \r\n \r\n(4)  For the purposes of this section the expression “buildings” includes enclosures, walls, and \r\nfences appertaining to buildings. \r\n \r\n131.  Overcrowding of dwelling houses. Where it appears to a Cantonment Administration \r\nthat any building or  part of a building in  the local area which is used as a dwelling house  is so \r\novercrowded as to endanger the health of the inmates thereof, it may after such inquiry as it thinks fit, \r\nby notice in writing require the owner or occupier of building or part thereof, as the case may be, \r\nwithin such time not being less than one month as may be specified in the notice, to abate  the \r\novercrowding of the same by reducing the number of lodges, tenants, or other inmates to such number \r\nas may be specified in the notice. \r\n \r\n132.  Power to require repair or alteration of buildings.— (1) Where any building in a local \r\narea is so ill­constructed or dilapidated as to be, in the opinion of the Cantonment Administration in \r\nan insanitary state, it may, by notice in writing, require the owner, within such time as may be specified \r\nin the notice, to execute such repairs or to make such alterations as it thinks necessary for the purpose \r\nof removing such defects. \r\n \r\n(2)  A copy of every notice issued under sub­section (1) shall be conspicuously posted on the  \r\nbuilding to which it relates. \r\n \r\n(3)  A notice issued under sub­section (1) shall be deemed to have been complied with if the \r\nowner of the building to which it relates has, instead of executing the repairs or making the alterations \r\ndirected by the notice, removed the building. \r\n \r\n133.  Infectious diseases. — (1) The Cantonment Administration shall adopt measures to \r\nprevent infectious diseases and to restrain infection within its local area. \r\n \r\n(2)  The Cantonment Administration shall subject to the availability of funds for the purpose, \r\nestablish and maintain one or more hospitals for the reception and treatment of persons suffering from \r\ninfectious diseases. \r\n \r\nPage 63 of 122  \r\n134.  Medical aid and relief and medical education. The Cantonment Administration may \r\ntake such measures as may be necessary or as may be specified by the Government for \r\n \r\n(a) the provision, maintenance and management of First Aid Centres; \r\n \r\n(b) the provision, maintenance and management of mobile medical aid units; \r\n \r\n(c) the provision and encouragement of societies for the provision of medical aid; \r\n \r\n(d) the payment of grants to institutions for medical relief; and \r\n \r\n(e) the medical check up of the children of schools maintained by it. \r\n \r\n135.  Bathing and washing places.— (1) The Cantonment Administration may from time to \r\ntime— \r\n \r\n (a) set apart suitable places for use by the public for bathing on payment of such \r\nfees for the use thereof as fixed by the Board; \r\n \r\n(b) specify the time at which and the sex of persons by whom such places may be \r\nused; and \r\n \r\n(c) prohibit by public notice, the use by the public for any of the  said purposes of \r\nany place   not so set apart. \r\n \r\n(2)  No person shall establish, maintain or run a hamam or a bath for public use except under a \r\nlicence granted by the Cantonment Administration and in conformity with the conditions and term of \r\nsuch licence. \r\n \r\n136.  Power to call for information regarding burial grounds and cremation places.— (1) \r\nThe Cantonment Administration may, by notice in writing, require the owner or person in charge of \r\nany burial or burning ground within its area to supply such information as may be specified in the \r\nnotice concerning the condition, management or position of such ground. \r\n \r\n(2)  No place which has not been used as a burial or burning ground before the commencement \r\nof this Ordinance shall be so used without the permission in writing of the Cantonment Administration. \r\n \r\n(3)  No new burial or burning place shall be established within the local area of a Cantonment \r\nAdministration except under a licence granted by the Cantonm ent Administration and in conformity  \r\nwith the conditions of such licence. \r\n(4)  A burial or burning place which is not administered by a Cantonment Administration shall \r\nbe registered with the Cantonment Administration and shall be subject to regulation, sup ervision and \r\ninspection by it in such manner as the bye­laws may provide. \r\n \r\n(5)  The Government may, by notification in the official Gazette, declare that any burial or \r\nburning place which is open to public for burial or burning shall vest in a Cantonment Administration \r\nand thereupon such burial or burning place shall vest in the Cantonment Administration and it shall \r\ntake all measures necessary for the proper maintenance and administration thereof. \r\n \r\n(6)  The Cantonment Administration may provide suitable places for the burial or burning of \r\nthe dead, and shall take necessary measures for the proper maintenance and administration of such \r\nburial or burning places. \r\n \r\n \r\n \r\nPage 64 of 122  \r\n(7)  Where the Cantonment Administration— \r\n \r\n(a) after making or causing to make a local inquiry, is of opinion that any burial or \r\nburning ground in its local area has become offensive, or dangerous to, the \r\nhealth of persons living in the neighbourhood, it may, by notice in writing, \r\nrequire the owner or person in charge  of such ground to close the same from \r\nsuch date as may be specified in the notice; and \r\n \r\n(b) has issued notice under clause (a), is issued, it may, provide at its own expense \r\nor, if the community concerned is willing to provide a new burial or burning \r\nground, shall provide a grant to be made towards the cost of the same. \r\n \r\n(8)  No corpse shall be buried or burnt in any burial or burning ground respect of which a notice \r\nissued under this section is for the time being in force. \r\n \r\nREGISTRATION OF BIRTHS, MARRIAGES AND DEATHS \r\n \r\n137.  Births, marriages and deaths. A Union Administration shall register all births, \r\nmarriages and deaths within the limits of the local area and information of such births, marriages and \r\ndeaths shall be given by such persons or authorities, and shall be registered in such manner as the \r\nbye­laws may provide. \r\n \r\n                     ENVIRONMENTAL POLLUTION \r\n \r\n138.  Environmental pollution.— (1)The Cantonment Administration may  prepare and \r\nimplement schemes for the prevention of the pollution of air by gases, du st or other substances \r\nexhausted or emitted by automobile engines, factories, brick or limekilns, crushing machines for grain, \r\nstone, salt or other materials and such other sources of air pollution as the bye­laws may provide. \r\n \r\n(2)  The Cantonment Administration may prepare and implement schemes for the prevention \r\nof the pollution of noise or water or land from such sources and in such manner as the bye­laws may \r\nprovide. \r\n \r\n(3)  A Cantonment Administration may, by notice in writing, require the owner or part­owner, \r\nor person claiming to be the owner or part­owner, of any building or land in the cantonment or the \r\nlessee or the person claiming to be the lessee of any such land, which, by reason of disuse or disputed \r\nownership or other cause, has remained  unoccupied and has in the opinion of the Cantonment \r\nAdministration become a sanitary or environmental hazard or otherwise occasions or is likely to \r\noccasion a nuisance, to secure and enclose the same within such time as may be specified in the notice. \r\n \r\n_______________ \r\n \r\nCHAPTER XIV \r\n \r\nMARKETS, SLAUGHTER-HOUSES, TRADES AND OCCUPATIONS AND ANIMALS \r\n \r\n         MARKETS AND SLAUGHTER-HOUSES \r\n \r\n139.  Public markets and slaughter -houses.— (1) The Cantonment Administration may \r\nprovide and maintain within its own local area, public markets and public slaughter­houses, in such \r\nnumber as it, thinks fit, together with stalls, shops, sheds, pens and other buildings and or conveniences \r\nfor the use of persons carrying on trade or  business in or frequenting such markets or slaughter­houses \r\nand may provide and maintain in any such market buildings, places, machines, weights, scales and measures \r\nfor the weighment or measurement of goods sold therein. \r\n \r\n \r\nPage 65 of 122  \r\n(2)  The Cantonment Administration may at any time, by public notice either close or relocate any \r\npublic market or public slaughter­house or any part thereof. \r\n \r\n140.  Use of public markets.— (1) No person shall without the general or special permission in \r\nwriting of the Cantonment Administration, sell or expose for sale any animal or article in any public market. \r\n \r\n(2)  Any person contravening the provisions of this section, and any animal or article exposed for \r\nsale by such person, may be summarily removed from the market by or under the orders of the Cantonment \r\nAdministration or any officer or servant of the Cantonment Administration authorized by it in this behalf. \r\n \r\n141.  Levy of stallages, rents and fees. A Cantonment Administration may, in respect of public \r\nmarket and public slaughter­houses:— \r\n \r\n(a) charge for the occupation or use of any stall, shop, standing, shed or pen in a public \r\nmarket, or public slaughter­house; or for the right to expose goods for sale in a public \r\nmarket; or for weighing or measuring goods sold therein; or for the right to bring in \r\ngoods on vehicles or animals brought for sale or sold; or for the right to slaughter \r\nanimals in any  public slaughter­house; such stallages, rents and fees as it thinks fit; \r\nincluding that from brokers commission agents, and others practicing their calling \r\ntherein; \r\n \r\n(b) or direct the official employed for this purpose to receive such approved rents and \r\nfees liable as aforesaid or any portion thereof for any period not exceeding one year \r\nat a time; or \r\n \r\n(c) put to public auctions or dispose of by private sale,  the privilege of occupying or \r\nusing any stall, shop, standing, shed or pen i n a public market or public slaughter \r\nhouse for such term and on such conditions as it may approve. \r\n \r\n142.  Stallages, rents, etc; to be published. A copy of the table of stallages, rents and fees, if \r\nany, leviable in  any public market  or public slaughter­house,  and of the bye­laws made under this \r\nOrdinance for the purpose of regulating the use of su .0ch market or slaughter­house, printed in Urdu  \r\nand in such other language or languages as the local government may direct, shall be affixed in some  \r\nconspicuous place in the market or slaughter­house. \r\n \r\n143.  Private markets and slaughter-houses.— (1) No place in a local area other than public \r\nmarket shall be used as a market, and no place in a local area other than a public slaughter­house shall \r\nbe used as a slaughter­house, unless such place has been licenced as a market or slaughter­house,  as \r\nthe case may be, by the Cantonment Administration. \r\n \r\n(2)  Nothing in sub­section (1) shall be deemed to restrict the slaughter of any animal in any \r\nplace on the occasion of any festival or ceremony, subject to such conditions as to prior or subsequent \r\nnotice as the Cantonment Administration may, by public or special notice, impose in this behalf. \r\n \r\n(3)  Whoever fails to comply with any conditions imposed by the Cantonment Administration \r\nunder sub­section (2) shall be punishable with the punishment as provided in the Third Schedule. \r\n \r\n144.  Conditions of grant of licence for private market or slaughter-house.—(1) A \r\nCantonment Administration may charge such fees as approved by the Board for the grant of a licence \r\nto any person to open a private market or private slaughter­house and may grant such licence subject \r\nto such conditions, consistent with this Ordinance and any bye­laws made thereunder, as it thinks fit to \r\nimpose. \r\n \r\n(2)  The Cantonment Administration may, for reasons to be recorded, refuse to grant any such \r\nlicence. \r\n \r\nPage 66 of 122  \r\n145.  Penalty or keeping market or slaughter -house open without licence, etc.—(1)  Any \r\nperson who keeps open for public use any market or slaughter­house in respect of which a licence has \r\nnot been applied for or has been refused or is suspended, or after the same has been cancelled, shall be \r\npunishable with such penalty as provided in the Third Schedule. \r\n \r\n(2)  When a licence to open a private market or private slaughter­house is granted or refused \r\nor is suspended or cancelled, the Cantonment Administration shall cause a notice of the grant, refusal, \r\nsuspension or cancellation to be posted in Urdu and in such other language or languages as it thinks  \r\nnecessary, in some conspicuous place nearby the entrance to the place to which the notice relates. \r\n \r\n146.  Prohibition and restriction of use of slaughter-houses.— (1) Where, in the opinion of \r\nthe Cantonment Administration it is necessary on sanitary grounds so to do, it may, by public notice,  \r\nprohibit for such period, not exceeding one month as may be specified in the notice, or for such further \r\nperiod, not exceeding one month, as it may specify by a like notice, the use of any private  \r\nslaughter­house specified in the notice, or the slaughter therein of any animal of any description so  \r\nspecified. \r\n \r\n(2)  A copy of every notice issued under sub­section (1) shall be conspicuously posted in  the \r\nslaughter­house to which it relates. \r\n \r\n147. Power to inspect slaughter-house.— (1) Any servant of a Cantonment Administration \r\nauthorized by order in writing in this behalf by the Cantonment Administration may, if he has reason  \r\nto believe that any animal has been, is being, or is about to be slaughtered in any place in contravention \r\nof the provisions of the Ordinance enter into and inspect any such place at any time,  whether by day \r\nor by night. \r\n \r\n(2)  Every such order shall specify the place to be entered and the locality in which the same is \r\nsituated and the period, which shall not exceed seven days, for which the order is to remain in force. \r\n \r\n148.  Power to make bye-laws. The Board may make bye­laws consistent with this \r\nOrdinance make bye­laws to provide for all or any of the following matters, namely:— \r\n \r\n(a) the days on, and the hours during, which any private market or private \r\nslaughter­houses may be kept open for use; \r\n \r\n(b) the regulation of the design, ventilation and drainage of such markets and  \r\nslaughter­ houses, and the material to be used in the construction thereof; \r\n \r\n(c) the keeping of such markets and slaughter­houses and lands and buildings \r\nappertaining thereto in a clean and sanitary condition, the removal of filth and \r\nrefuse therefrom, and the supply therein of pure water and of a sufficient number \r\nof latrines and urinals for the use of persons using or frequenting the same; \r\n \r\n(d) the manner in which animals shall be stalled at a slaughter­house; \r\n \r\n(e) the manner in which animals may be slaughtered; \r\n \r\n(f) the disposal or destruction of animals offered for slaughter which are, from \r\ndisease or any other cause, unfit for human consumption; \r\n \r\n(g) the destruction of carcasses which from diseases or any other  cause are found \r\nafter slaughter to be unfit for human consumption; and \r\n \r\n \r\nPage 67 of 122  \r\n(h) any other matters which the concerned Cantonment Administration may \r\nconsider necessary including any specific exemptions from the application of \r\nthe bye­laws. \r\n \r\n149.  Bye-laws for articles of food and drink.  A Board may, by bye­laws— \r\n \r\n(a) prohibit the manufacture, sale or preparation or the exposure for sale of any \r\nspecified articles of food or drink in any place or premises not licenced by the \r\nCantonment Administration; \r\n \r\n(b) prohibit the import into its local area fo r sale or hawking for sale, of any \r\nspecified article of food of drink by person not so licenced; \r\n \r\n(c) prohibit the hawkings of specified articles of food and drink in such parts of its \r\nlocal area as may be specified; \r\n \r\n(d) regulate the time and manner of transport within its local area of any specified \r\narticles of food or drink; \r\n \r\n(e) regulate the grant and withdrawal of a licence under this section and the levying \r\nof fees thereof; or \r\n \r\n(f) provide for the seizure and disposal of any animal, poultry or fish intended for \r\nfood which is diseased, or any article of food or drink which is noxious. \r\n \r\n150.  Milk supply.— (1) Except under a licence granted by the Cantonment Administration \r\nand in conformity with the conditions of such licence, no person shall, unless exempted by the \r\nCantonment Administration, keep milch cattle for the sale of milk or sell miex or expose or import \r\nmilk for sale or manufacture butter, ghee, or any other milk for sale or dairy product, nor shall he use \r\nany premises for such purpose. \r\n \r\n(2)  The Cantonment Administration may, in the manner prescribed, frame and enforce a milk \r\nsupply scheme which may among other matters provide for the establishment of milkmen's colonies, \r\nthe prohibition of the keeping of milch cattle in the local area or any part thereof, and the adoption of \r\nsuch other measures as may be necessary for ensuring an adequate supply of pure milk to the public. \r\n \r\n151.  Feeding animals on dirt, etc. Whoever feeds or allows to be fed on filthy or deleterious \r\nsubstances any animal, which is kept for the purpose of supplying milk to, or which is intended to be used \r\nfor human consumption or allows it to graze in any place in which grazing has, for sanitary  reasons, \r\nbeen prohibited by public notice by the Cantonment Administration, shall be punishable with punishment \r\nas provided in the Third Schedule. \r\n \r\n152.  Powers of entry and seizure. — (1) An officer or servant of a Cantonment \r\nAdministration authorized by it in writing in this behalf;— \r\n \r\n(a) may at any time enter into any market, building, shop, stall or other place in the \r\nlocal area for the purpose of inspecting, and may inspect, any animal, article or \r\nthing intended for  human food or drink or for medicine, whether exposed or \r\nhawked about for sale or deposited in or brought to any place for the purpose of \r\nsale, or of preparation for sale, or  any utensil or vessel for preparing, \r\nmanufacturing or containing any such article, or thing,  and may enter into and \r\ninspect any place used as a slaughter­house and may examine any  animal or \r\narticle therein; \r\n \r\nPage 68 of 122  \r\n(b) may seize any such animal, article or thing which appears to him to be diseased; \r\nor unwholesome or unfit for human food or drink or medicine, as the case may \r\nbe, or to be  adulterated or to be not what it is represented to be or any suc h \r\nutensil or vessel which is of such a kind or in such a sate as to render any article \r\nprepared, manufactured or contained therein unwholesome or unfit for human \r\nfood or for medicine, as the case may be. \r\n \r\n(2)  Any article seized under sub­section (1) which  is of a perishable nature may forthwith be  \r\ndestroyed if, in his opinion, it is diseased, unwholesome or unfit for human food, drink or medicine, as \r\nthe case may be. \r\n \r\n(3)  Every animal, article, utensil, vessel or other thing seized under sub­section (1) shall, if it \r\nis not destroyed under sub­section (2), be taken before a competent court who shall give orders as to \r\nits disposal. \r\n \r\n(4)  The owner or person in possession, at the time of seizure under sub­section (1), of any \r\nanimal or carcass which is diseased or of any article of thing which is unwholesome or unfit for human \r\nfood, drink or medicine, as the case may be, or is adulterated or is not what it is represented to be, or \r\nof any utensil or vessel which is of such kind or in such state as is described in clause (b) of sub­section \r\n(1), shall be punishable with penalty as prescribed in the Third Schedule and the animal, article, utensil \r\nvessel or other thing shall be liable to be forfeited to the Cantonment Administration or to be destroyed \r\nor to be  so disposed of as to prevent its being exposed for sale or used for the preparation of food, \r\ndrink or medicine, as the case may be. \r\n \r\nExplanation 1.—If any such, article, having been exposed or stored in, or brought to, any \r\nplace mentioned in sub­section (1) for sale as asli (pure) ghee, contains any substance not exclusively \r\nderived from milk, it shall be deemed, for the purposes of this section, to be an article which is not  \r\nwhat it is represented to be. \r\n \r\nExplanation 2.—Meat subjected to the process of blowing shall be deemed to be unfit for \r\nhuman food.  \r\n \r\nExplanation 3.— The article of food or drink shall not be deemed to be other than what it is \r\nrepresented  to be merely by reason of the fact that there has been added to it s ome substance not \r\ninjurious to health.   \r\n \r\nProvided that— \r\n \r\n(a) such substance has been added to the article because the same is required for \r\nthe preparation or production thereof as an article of commerce in a state fit for \r\ncarriage or consumption and not fraudulently to increase the bulk weight or \r\nmeasure of the food or drink or conceal the inferior quality thereof; \r\n \r\n(b) in the process of production, preparation or conveyance of such article of food \r\nor drink,  the extraneous substance has unavoidably become intermixed \r\ntherewith; \r\n \r\n(c) the owner or person in possession of the article has given sufficient notice by \r\nmeans of a label distinctly and legibly written or printed thereon or therewith, or by \r\nother means of a public description, that such substance has been added; or \r\n \r\n(d) such owner or person has purchased that article with a written warranty that it \r\nwas of a certain nature, substance and quality and had no reason to believe that \r\nit was not of such nature, substance and quality, and has exposed it or hawked \r\nit about or brought it for sale  in the same state and by the same description as \r\nthat in and by which he purchased it. \r\n \r\nPage 69 of 122  \r\nTRADES AND OCCUPATIONS \r\n \r\n153.  Licences required for carrying on of certain occupations.— (1) No person of any \r\nof the following classes, namely:— \r\n \r\n(a) butchers and vendors of poultry, game or fish; \r\n \r\n(b) persons keeping milch cattle or milch goats for profit; \r\n \r\n(c) persons keeping for profit any animals other than milch cattle or milch goats; \r\n \r\n(d) dairymen, butter men and makers and vendors of ghee; \r\n \r\n(e) vendors of fruit or vegetables; \r\n \r\n(f) manufacturers of ice or ice-cream, and vendors of the same; \r\n \r\n(g) vendors of  any medicines, drugs or articles of food or  drink for human \r\nconsumption (other than milk, butter, bread, biscuits, cake, fruit, vegetables, \r\naerated or other potable water or  ice or ice-cream) which are of a perishable \r\nnature; \r\n \r\n(h) vendors of water to be used for drinking purposes; \r\n \r\n(i) laundries and washermen; \r\n \r\n(j) persons carrying on any trade or occupation from which offensive or \r\nunwholesome smells arise; \r\n \r\n(k) vendors of wheat, rice and other gain or of flour; \r\n \r\n(l) makers and vendors of sweetmeats; \r\n \r\n(m) barbers, keepers of shaving saloons and beauty parlours; and \r\n \r\n(n) any other trades and occupations specified in the bye­laws, or through public \r\nnotice by Cantonment Administration issued from time to time. \r\n \r\nshall carry on his trade, calling or occupation in such part of a local area as may be designated by the \r\nCantonment Administration unless he has applied for and obtained a licence in this behalf from the  \r\nCantonment Administration. \r\n \r\n(2)  A licence granted under sub­section (1) shall be valid until the end of the year in which it \r\nis issued and the grant of such licence shall not be withheld by the Cantonment Administration unless \r\nit has reason to believe that the business which it is intended to establish or maintain would be offensive \r\nor dangerous to the public. \r\n \r\n(3)  Notwithstanding anything contained in sub­section (1), ⸻ \r\n \r\n(a) no person who was, at the commencement of this Ordinance carrying on his \r\ntrade, calling or occupation in any part of a local area shall be bound to apply \r\nfor a licence for carrying on such trade or occupation in that part until he has \r\nreceived from the Cantonment Administration not less than three months notice \r\nin writing of his obligation to do so, and if the Cantonment Administration \r\nrefuses to grant him a license, it shall pay compensation  for any loss incurred \r\nby reason of such refusal; and \r\n \r\nPage 70 of 122  \r\n(b) no person shall be required to take out a licence for the sale or storage of \r\npetroleum or for the sale or possession for sale, for poisons or white arsenic in \r\nany case in which he is  required to take out a licence or such sale, storage or \r\npossession under any Federal or Provincial statutes. \r\n \r\n(4)  A Cantonment Administration may charge fees for the grant of licences under this section. \r\n \r\n154.  Conditions which may be attached to licences. A licence granted to any person under  \r\nsection 153 shall specify the part of the local area in which the licencee may carry on his trade, calling \r\nor occupation, and may regulate the hours and manner of transport within the local area of any specified \r\narticles intended for human consumption and may contain any other conditions which Cantonment \r\nAdministration thinks fit to impose in accordance with bye­laws made under this Ordinance. \r\n \r\n155.  Power to vary licence. If a Cantonment Administration is satisfied that any place used  \r\nunder a licence granted by it under this Ordinance is a nuisance or is likely to be dangerous to life,  \r\nhealth or property, the Cantonment Administration may, by notice in writing, require the owner, lessee \r\nor occupier thereof to discontinue the use of such place or to effect such alter ations, additions,  or \r\nimprovements as will, in the opinion of the Cantonment Administration, render it no longer a nuisance \r\nor dangerous. \r\n \r\n156.  Carrying on trade, etc., without licence or in contravention of section 155. Whoever \r\ncarries on any trade, call ing or occupation for which a licence is required with obtaining a licence  \r\ntherefore or while the licence therefore is suspended or after the same has been cancelled, and whoever, \r\nafter receiving a notice under section 155, uses or allows to be used any building or place in contravention \r\nthereof, shall be punishable with punishment as provided in Third Schedule. \r\n \r\nANIMALS \r\n \r\n157.  Prohibition of picketing or tethering in streets. No animal shall be picketed or tethered \r\nin such streets or places as may be specified by the Cantonment Administration and any animal found \r\npicketed or tethered in any such street or place shall be liable to seizure and impounding. \r\n \r\n158.  Prohibition against keeping and maintaining cattle— (1) Notwithstanding anything \r\nto contrary contained in any  other law or  any agreement, instrument, custom or  usage or  decree, \r\njudgment or order of any court or other authority, the Cantonment Administration may declare any  \r\npart of its local area as a prohibited zone. \r\n \r\n(2)  At any time after declaration under sub­section (1) has been made, the Cantonment \r\nAdministration may, by general or special notice, prohibit the keeping and maintaining the cattle by  \r\nany person in the prohibited zone. \r\n \r\n(3)  No person shall, after the expiry of the period fixed under sub­section (2), keep or maintain \r\ncattle in any part of the prohibited zone: \r\n \r\nProvided that the prohibition shall not apply to— \r\n \r\n(a) cattle kept bona fide for sacrificial purpose; \r\n \r\n(b) cattle kept for drawing carts or use in mills, with the permission of the \r\nCantonment Administration and subject to such conditions as it may impose; \r\n \r\n(c) cattle under treatment in any veterinary hospital; \r\n \r\n(d) cattle brought to a cattle market demarcated by the local government for the \r\npurpose of sale; and \r\n \r\nPage 71 of 122  \r\n(e) cattle brought to a slaughterhouse or kept by butchers for the purpose of \r\nslaughter within the area demarcated by Cantonment Administration. \r\n \r\n(4)  Persons affected by the prohibition order under sub­section (2) to meet their genuine needs \r\nmay be allowed to keep and maintain their cattle at the places earmarked as “cattle colonies ” by \r\nCantonment Administration on such terms and conditions as it may impose. \r\n \r\n159.  Dangerous animals. A Board may, by bye -laws, define the animals which shall be \r\ndeemed to be dangerous animals and the circumstances under which animals not otherwise dangerous \r\nshall be  deemed to be dangerous and such bye­laws, among other matters, may provide for the \r\ndetention, destruction or disposal otherwise of such animals. \r\n \r\n160.  Disposal of carcasses. Whenever an animal in the charge of a person dies, otherwise \r\nthan by being slaughtered for sale or consumption or for some other religious purpose such person \r\nshall either— \r\n \r\n(a) convey the carcasses within twenty­four hours to a place, if any, fixed by the  \r\nCantonment Administration for the disposal of the dead bodies of animals or to a \r\nplace beyond the limits of cantonment, not being a place within two kilometres of \r\nsuch limits; or \r\n \r\n(b) give notice of the death to the Cantonment Administration whereupon the local \r\ngovernment shall cause  the carcass to be disposed of and charge such fees from  \r\nthe person concerned as the bye­laws may provide. \r\n161.  Registration of the sale of the animals or cattle. A Board may, by bye laws, require \r\nthat sale of such of the animals as may be specified shall be registered with the Cantonment \r\nAdministration in such manner and subject to the payment of such fees as the bye­laws may provide. \r\n \r\n162.  Cattle shows, zoo, etc.— (1) A Cantonment Administration shall not hold cattle shows \r\nand fairs within the limits of its local area, but may hold bakar mandies for sale of cattle meant for  \r\nslaughter and charge such fee per cattle head sold as the bye­laws may provide: \r\n \r\nProvided that where a Board established under the Cantonments Act, 1924, was holding cattle \r\nshows and fairs before the promulgation of this Ordinance within the limits of its local area the  \r\nsuccessor local government may continue holding such cattle shows and fairs and charge such fees  \r\nfrom the people attending such shows or fairs, as the bye­laws may provide. \r\n \r\n(2)  A Cantonment Administration may, with the previous approval of the Government, \r\nmaintain or contribute towards the maintenance of zoological gardens. \r\n \r\nANIMAL TRESPASS \r\n \r\n163.  Power to seize.— (1) A cultivator, tenant, occupier, vendee or mortgagee of any land or \r\ncrop or produce or any part thereof or any person who has advanced cash for the cultivation of crop \r\nmay seize or cause to be seized animals trespassing on such land and doing da mage thereto, or any \r\ncrop or produce thereon, to send them or cause them to be sent within twenty­four hours to a pound \r\nestablished under this Ordinance. \r\n \r\n(2)  Persons in charge of public roads, pleasure grounds, plantations, canals, drainage works,  \r\nembankments and the like, and the officers of police, may seize or cause to be seized animals doing  \r\ndamage thereto, and shall send them or cause them to be sent, within twenty­four hours of the seizure, \r\nto the nearest animal pound. \r\n \r\n \r\nPage 72 of 122  \r\n164.  Pounds. The Cantonment Administration may establish such number of animal pounds \r\nas may be necessary and may fix, from time to time, the location of the animal pounds, the rate of  \r\nfeeding, watering and accommodating the impounded animals. \r\n \r\n165.  Pound keepers. The Can tonment Administration may appoint pound keepers on \r\nwhole­time or part­time basis on such terms and conditions as may be fixed. \r\n \r\n \r\n166.  Registers and returns.— (1) A pound­keeper shall keep such registers and furnish such \r\nreturns as may be required by the Cantonment Administration. \r\n \r\n(2)  When animals are brought to the pounds, the pound­keeper shall enter in the register the  \r\nnumber and description of animals, the day and hour on which they were so brought, the name and  \r\nresidence of the seizurer and that of the owner, if known, and shall give the seizurer or his agent a copy \r\nof such entry. \r\n \r\n167.  Possession and feeding. The pound­keeper shall take charge of feed and water the \r\nanimals until they are disposed of as hereinafter provided. \r\n \r\n168.  Fines for impounded animals. For every animal impounded under this Ordinance, the  \r\npound­keeper shall levy a fine in accordance with the scale fixed by the Board and the fines so charged \r\nshall form part of and be credited to the local government fund. \r\n \r\n169.  Delivery or sale of animals. — (1) If the owner of an impounded animal or his agent \r\nappears and claim, the animal, the pound­keeper shall deliver it to him on payment of the fine and \r\ncharges incurred in respect  of such animal under proper receipt to be re corded by the owner or his \r\nagent in the register. \r\n \r\n(2)  If the animal is not claimed within seven days of impounding, the pound­keepers shall inform \r\nthe officer in charge of the Police Station who shall thereupon display at a conspicuous place in his  \r\noffice a notice stating the number and description of animals and places of seizure and impounding. A  \r\nsimilar notice shall be displayed at a conspicuous place in the office of the Cantonment Administration. \r\n \r\n(3)  If the animal is not claimed within seven d ays of the notice it shall be sold by the \r\nCantonment Administration by open auction after giving sufficient publicity in the local area: \r\n \r\nProvided that the person auctioning the animals or the pound­keeper or his relatives shall not \r\nbid for or purchase the impounded animals. \r\n \r\n(4)  The proceeds of the sale of the animal shall be paid to the owner if he appears within six  \r\nmonths of the sale, after deduction of fines, feeding and other charges. \r\n \r\n   _____________ \r\n \r\n                                      CHAPTER XV \r\n \r\nSPATIAL PLANNING, BUILDING AND LAND USE CONTROL, STREETS, TREES etc. \r\n \r\n  PLANNING \r\n \r\n170.  Spatial plan.— (1) The Cantonment Administration may draw up spatial (master) Plan \r\nfor its local area which shall, among other matters, provide for— \r\n \r\n \r\nPage 73 of 122  \r\n(a) a survey of its local area including its history, statistic public service and other \r\nparticulars; \r\n \r\n(b) development, expansion and improvement of any area within the local area; \r\n \r\n(c) restrictions, regulations and prohibitions to be imposed with regard to the \r\ndevelopment of sites, and the erection and re­erection of buildings within the \r\nlocal area; and \r\n \r\n(d) such other matters as the Cantonment Administration may require to be \r\nincluded in the plan. \r\n \r\n(2)  The spatial planning in case of a cantonment forming part of a City District shall be carried \r\nout in consultation with the City District Government. \r\n \r\n(3)  After final approval of the Master Plan by the Cantonment Board, the same shall be \r\nsubmitted to the Garrison Commander for approval. \r\n \r\n171.  Site development schemes.— (1) Where a plan has been drawn up under section 170 \r\nand such plan has been approved, no owner of land exceeding such area as may be specified in this \r\nbehalf in the plan so approved shall develop the site or erect or re­erect a building on any plot of land \r\ncovered by the plan except in conformity with the provisions of a site development scheme sanctioned \r\nfor the area. \r\n \r\n(2)  Where a plan has not been  drawn up under section 170, no owner of land shall develop \r\nthe site or erect or re­erect any building on any plot or land except in conformity with the provisions \r\nof the site development scheme sanctioned by the Cantonment Administration. \r\n \r\n(3)  An owner of land who desires to develop a plot or a piece of land belonging to him for \r\nwhich no sanctioned site development scheme exist, or where the proposed development is not in \r\nconformity with the existing development scheme, he may apply to the Cantonment Administration  \r\nfor sanction of his development scheme and the Cantonment  Administration may, on such terms and \r\nconditions and on payment of such fees or charges as may be laid down by it in its bye­laws, sanction  \r\nthe scheme: \r\n \r\nProvided that the Cantonment Administration may, after giving notice and for reasons to be  \r\nrecorded, cancel, modify or withdraw the sanction any time before construction in pursuance of the  \r\nscheme has commenced or been made. \r\n \r\n(4)  Among other matters, the site development scheme shall provide for— \r\n \r\n(a) the division of the site into plots; \r\n \r\n(b) provision for streets, drains and open spaces; \r\n \r\n(c) reservation of land for public utility services to be transferred to the \r\nCantonment Administration; \r\n \r\n(d) provisions for acquisition of land by the Cantonment Administration, if any; \r\n \r\n(e) the works that shall be executed at the cost of the owners of the site or sites; and \r\n \r\n(f) the period during which the area shall be developed. \r\n \r\nPage 74 of 122  \r\n(5)  The land reserved for public utility services  in the Site Development  Scheme shall be  \r\ntransferred, free of cost by the owner or the owners to the Cantonment Administration before the  \r\nsanction of the scheme. Such land shall not be converted or used for any purpose other than that shown \r\nin the same scheme. \r\n \r\n172.  Execution of site development schemes. — (1) The execution of site development \r\nscheme shall be subject to the inspection and control of the Cantonment Administration and the \r\nCantonment Administration may from time to time give such directions with regard to the execution of \r\nthe scheme as may be deemed necessary. \r\n \r\n(2)  If any area is developed or otherwise dealt with in contravention of the provisions of the  \r\nsanctioned scheme, the Cantonment Administration may, by notice, require the owner of such area or \r\nthe person who has contravened the provisions to make such alteration in the site as may be specified \r\nin the notice, and where such alteration is not made or for any reason cannot be carried out, the  \r\nCantonment Administration may require and enforce the demolition of unauthorized structures and  \r\nnotwithstanding anything to the contrary contained in any law, no compensation shall be payable for  \r\nsuch demolition. \r\n \r\n(3)  If an area for which a scheme has been sanctioned is not developed within the period \r\nprovided in the scheme and further extension is not allowed by the Cantonment Administration, or if  \r\nthe development is not in conformity with the terms of the site development scheme, the Cantonment \r\nAdministration may take over the development of the scheme and execute the necessary works and  \r\nthe cost so incurred shall be deemed to be a tax levied on the owners or owner under this Ordinance. \r\n \r\nBUILDING AND LAND USE CONTROL \r\n \r\n173.  Sanction of buildings. No person shall erect or re­erect a building or commence to erect  or \r\nre­erect a building on any land in a local area except with the previous sanction of  the Cantonment \r\nAdministration nor otherwise than in accordance with the provisions of this Ordinance and of the rules \r\nand the bye­laws made under this Ordinance relating to the erection and re­erection of buildings. \r\n \r\n174.  Notice for new buildings. — (1) Whoever intends to erect or re­erect any building in a \r\nlocal area shall apply for sanction by giving notice  in writing of  his intention to the Cantonment \r\nAdministration. \r\n \r\n(2)  For the purposes of this Ordinance, a person shall be deemed to erect or re­erect a building \r\nwho— \r\n \r\n(a) makes any material alteration or enlargement of any building; \r\n \r\n(b) converts into a place for human habitation any building not originally \r\nconstructed for that purpose; \r\n \r\n(c) converts into more than one place for human habitation a building originally \r\nconstructed as one such place; \r\n \r\n(d) converts two or more places for human habitation into one such place or into \r\ngreater number of such places; \r\n \r\n(e) converts a building or a site  or land meant for one particular use or in one \r\nparticular zoning area into any other use or a use meant for another zoning area; \r\n \r\n(f) converts into a stable, cattle­shed or cow­house any building originally \r\nconstructed for human habitation; \r\n \r\nPage 75 of 122  \r\n(g) makes any alteration which there is reason to believe is likely to affect \r\nprejudicially the stability or safety of any building or the condition of any building \r\nin respect of drainage, sanitation or hygiene; or \r\n \r\n(h) makes any alteration to any building which increases or diminishes the height of, or \r\narea converted by, or the cubic capacity of, the building, or which reduces the \r\ncubic capacity of any room in the building below the minimum prescribed by any \r\nbye­laws made under this Ordinance. \r\n \r\n175.  Conditions of valid notice. — (1) A person giving the notice required by section 174 \r\nshall specify the purpose for which he intends to use the building. \r\n \r\n(2)  Where a plan to re­lay a street  has been approved by the Cantonment Administration, a  \r\nperson who intends to erect or re­erect a building or commences to erect or re­erect a building shall adopt \r\nthe approved building or street line and for this purpose any space required to be left vacant shall vest \r\nin the Cantonment Administration. \r\n \r\n(3)  No notice shall be valid  until it is made in the manner prescribed in the bye­laws along \r\nwith plans and other information which may be required therein, have been furnished to the satisfaction \r\nof the Cantonment Administration along with the notice. \r\n \r\n176.  Power to sanction or ref use.— (1) The Cantonment Administration may for reason to \r\nbe recorded in writing, either refuse to sanction the erection or re­erection, as the case may be, of the  \r\nbuilding, or may sanction it either absolutely or subject to such directions as it thinks fit in respect of \r\nall or any of the following matters, namely:— \r\n \r\n(a) the free passage or way to be left in front of the building; \r\n \r\n(b) the space to be left around the building; \r\n \r\n(c) the ventilation of the building, the minimum cubic area of the rooms and the \r\nnumber and height of the stories of which the building may consist; \r\n \r\n(d) the provision and position of drains, latrines, urinals, cesspools or other \r\nreceptacles for wastes; \r\n \r\n(e) the level and width of the foundation, the level of the lowest floor and the \r\nstability of the structure; \r\n \r\n(f) the line of frontage with neighbouring buildings if the building abuts on a street; \r\n \r\n(g) the means to be provided for egress from the building in case of fire; \r\n \r\n(h) the materials and methods of construction to be used for external and internal \r\nwalls for rooms, floors, fire­places and chimneys; \r\n \r\n(i) the height and slope of the roof above the uppermost floor upon which human \r\nbeings are to live or cooking operations are to be carried on; and \r\n \r\n(j) any other matter affecting the ventilation, sanitation, safety or environmental \r\naspects of the building and its relationship with the surrounding buildings or \r\nareas, and the persons erecting or re­erecting the building shall obey all such \r\nwritten directions in every particular. \r\n \r\n \r\nPage 76 of 122  \r\n(2)  The Cantonment Administration may refuse to sanction the erection or re­erection of any  \r\nbuilding, either on grounds sufficient in the opinion of the Cantonment Administration affecting the  \r\nparticular building, or  in pursuance of a notified general scheme or plan of the Cantonment \r\nAdministration, restricting the re­erection or re­erection of the buildings within specified limits or for  \r\nany other public purpose. \r\n \r\n(3)  The Cantonment Administration before sanctioning the erection or re­erection of a building \r\non land which is under the management of the Military Estates Officer or other departments of Federal \r\nor Provincial Government or any agency thereof, shall ascertain in writing within forty five days of  \r\napplication whether there is any objection o n the part of the concerned Government or its agency to  \r\nsuch erection or re­erection. \r\n \r\n(4)  The Cantonment Administration may refuse to sanction the erection or re erection of any  \r\nbuilding— \r\n \r\n(a) when the land on which it is proposed to erect or re­erect the building is held on \r\na lease  from the Federal or Provincial Government and the erection or \r\nre­erection constitutes a breach of the terms of the lease; or \r\n(b) when the land on which it is proposed to erect or re­erect the building is not held \r\non a lease from the Government, if the right to build on such land is in dispute \r\nbetween the person applying for sanction and the Government. \r\n \r\n(5)  If the Cantonment Administration decides to refuse to sanction the erection or re­erection \r\nof the building, it shall commun icate in writing the reasons for such refusal to the person by whom  \r\nnotice was given. \r\n \r\n(6)  Where the Cantonment Administration neglects or omits, for forty­five days after the \r\nreceipt of a valid notice to make and to deliver to the  person who has given the notice any order of \r\nany nature specified in this section and  such person thereafter  by a written communication sent  by \r\nregistered post to the Cantonment Administration calls the attention of the Cantonment Administration \r\nto the neglect or omission, the n, if such neglect or omission continues for a further  period of fifteen \r\ndays from the date of such communication the Cantonment Administration shall be  deemed to have \r\ngiven sanction to the erection or re­erection, as the case may be, unconditionally to  the extent that it \r\ndoes not contravene the provisions of the building bye­laws and any notified general scheme for the area: \r\n \r\nProvided that, in any case to which the provisions of sub­section (3) apply, the period of forty­ \r\nfive days therein specified shall reckoned from the date  on which the Cantonment Administration has  \r\nreceived the report referred to in that sub­section. \r\n \r\n(7)  The Cantonment Administration may, after giving notice and for reasons to be recorded,  \r\ncancel, or withdraw the sanction of a site plan at any time before construction has commenced or been \r\nmade. \r\n \r\n177.  Compensation.— (1) No compensation shall be claimed by any person for any damage \r\nor loss  which he may sustain in consequences of the refusal of the Cantonment Administration of sanction \r\nto the erection of any building or in respect of any direction issued by it under sub­section (1) of section \r\n176. \r\n \r\n(2)  The Cantonment Administration shall make compensation to the owner of any building for \r\nany actual damage or loss sustained by him in consequence of the prohibition of the re­erection of any \r\nbuilding or of its requiring any land belonging to him to be added to the street. \r\n \r\n \r\nPage 77 of 122  \r\n178.  Lapse of sanction. Every sanction for the erection or re­erection of a building given or  \r\ndeemed to have  been given by the Cantonment Administration as hereinbefore provided shall be  \r\navailable for one year from the date on which it is given, and, if the building so sanctioned is not begun \r\nby the person who has obtained the sanction or someone lawfully claimi ng under him within  that \r\nperiod it shall not thereafter be begun unless the Cantonment Administration on application made \r\nthereof  has allowed an extension of that period. \r\n \r\n179.  Period for completion of building. — The Cantonment Administration, when \r\nsanctioning the erection or re­erection of a building as hereinbefore provided, shall specify a reasonable \r\nperiod after the work has commenced within which the erection or re­erection is to be completed, and, \r\nif the erection or re­erection is not completed within the period so fixed, it shall not be continued \r\nthereafter without fresh sanction obtained in the manner hereinafter provided, unless the Cantonment \r\nAdministration on application made therefore has allowed an extension of that period: \r\n \r\nProvided that not more than two such extensions shall be allowed by the Cantonment \r\nAdministration in any case. \r\n \r\n180.  Illegal erection and re -erection. Whoever begins, continues or completes the erection \r\nand re­erection of a building — \r\n \r\n(a) without having given a valid notice as required by section 174 and 175 or \r\nbefore the building has been sanctioned or is deemed to have been sanctioned; \r\n \r\n(b) without complying with any direction made under sub­section (1) of section \r\n176; or \r\n \r\n(c) when sanction has been refused, or has ceased to be available, or has been \r\nsuspended by the Cantonment Administration, \r\n \r\nshall be punishable with punishment as provided in the Third Schedule. \r\n \r\n181.  Completion of building or alteration of buildings.— (1) Every person who has erected \r\nor re­erected a building shall, within thirty days of the completion of the building, report such \r\ncompletion to the Cantonment Administration. \r\n \r\n(2)  The Cantonment Administration may cause to be inspected any building of which \r\nconstruction has begun or which has been erected or re­erected in or contravention of any provision  \r\nof this Ordinance, rules or the bye­laws or of the master plan or site development scheme, if any. The \r\nCantonment Administration may require the alteration of the building so as to be in c ompliance \r\ntherewith, and where such alteration is not possible, it may require the building or any part thereof to \r\nbe demolished, or on the application of the owner of such building compound the offence on payment \r\nof such composition fee as may be deemed reasonable. \r\n \r\n(3)  If a building is required to be demolished under the provisions of sub­section (2) and such \r\nrequirement is not complied with, within the specified period the Cantonment Administration may  \r\nhave the building demolished through its own agency and the cost so incurred shall be deemed to be a \r\ntax levied on the owner or occupier of the building under this Ordinance. \r\n \r\n182. Orderly use of buildings.— (1) Except with prior sanction of the Cantonment Administration, \r\nno building shall be put to a use other than shown in the building plan according to which it was erected \r\nor re­erected: \r\n \r\n \r\n \r\nPage 78 of 122  \r\nProvided that the Cantonment Administration shall not sanction any change in the  use of a  \r\nbuilding which may be in violation or contravention of the master plan or site development scheme, if any. \r\n \r\n(2)  Notwithstanding the provisions of Chapter XIII, if any building or anything fixed thereon \r\nbe deemed by the Cantonment Administration to be in a ruinous state or likely to fall or in any way  \r\ndangerous to any inhabitant of such building or of any neighbouring building or to any occupier thereof \r\nor to passers­by, the Cantonment Administration may, by notice, require the owner or occupier of such \r\nbuilding to demolish it or to take such action in regard to the building as may be specified in the notice, \r\nand if there is default, the Cantonment Administration may take necessary  action and the cost so \r\nincurred shall be deemed to be a tax levied on the owner or occupier of the  building under this \r\nOrdinance. \r\n \r\n(3)  If a building is so ill constructed, or dilapidated or in dangerous condition or otherwise \r\nunfit for human habitation, the Cantonment Administration may prohibit the occupation of such \r\nbuilding till it has been suitably repaired to the satisfaction of the Cantonment Administration. \r\n \r\n(4)  If the building is  in dangerous condition and declared unfit for human habitation, the \r\nCantonment Administration may for the purpose of demolition eject the owner or occupier from such  \r\nbuilding with such necessary force as may be required or in the manner laid down in section 188. \r\n \r\n(5)  If a building is put to a use other than shown in the building plan for which it was erected or re-\r\nerected, the Cantonment Administration may seal such premises till such misuse is removed under the \r\nsupervision of Cantonment Administration. \r\n \r\n183.  Projections and obstructions .— (1) No owner or occupier of any building in a local \r\narea shall, without the permission in writing of the Cantonment Administration add or place against or \r\nin front of the building any projection or structure  overhanging, projecting into, or encroaching on, any  \r\nstreet or any drain, sewer or aqueduct therein. \r\n \r\n(2)  The Cantonment Administration may, by notice in writing, require the owner or occupier \r\nof any such building to alter or remove any such projection or encroachment as aforesaid: \r\n \r\nProvided that in the case of any projection or encroachment lawfully in  existence at the \r\ncommencement of this Ordinance the Cantonment Administration shall make compensation for any  \r\ndamage caused by the removal or alteration thereof. \r\n \r\n184.  Unauthorized buildings over drains, etc. A Cantonment Administration may, by notice \r\nin writing, require any person who has, without its permission in writing, newly erected or re­erected  \r\nany structure over any public sewer, drain, culvert, watercourse or water­pipe in its local area to pull  \r\ndown or otherwise deal with the same as it thinks fit. \r\n \r\n185.  Power to attach brackets for lamps. A Cantonment Administration may attach  to the \r\noutside of any building,  or to any tree in its local area, brackets for lamps in such manner as not to  \r\noccasion injury thereto or inconvenience. \r\n \r\n186.  Power to make bye-laws. A Board may make bye­laws prescribing­ \r\n \r\n(a) the manner in which notice of the  intention to erect or re­erect a building in its \r\nlocal area shall be given to the Cantonment Administration and the information \r\nand plans to be furnished with the notice; \r\n \r\n(b) the type or description of building which may or may not, and the purpose for \r\nwhich a building may or may not, be erected or re­erected in its local area or \r\nany part thereof; \r\n \r\nPage 79 of 122  \r\n(c) the minimum cubic capacity of any room or rooms in a building which is to be \r\nerected or re­erected; \r\n \r\n(d) the fees payable on provision by the Cantonment Administration of plans or \r\nspecifications of the type of buildings which may be erected in the cantonment \r\nor any part thereof; \r\n \r\n(e) the circumstances in which a mosque, temple or church or other sacred building \r\nmay be erected or re­erected; and \r\n \r\n(f) any other matter which the Cantonment Administration may consider necessary \r\nincluding any specific exemption from the applications of the bye­laws. \r\n \r\nENCROACHMENTS \r\n \r\n187.  Encroachment and subsisting lease and licences.— (1) No person shall make an \r\nencroachment moveable or immoveable on an open space or land vested in or managed, maintained  \r\nor controlled by a local government, or on, over or under a street, road, graveyard, within its local area \r\nor a drain. \r\n \r\n(2)  The local government may, after such notice as may be considered reasonable, remove the \r\nencroachment mentioned in sub­section (1) with such force as may be necessary. \r\n \r\n(3)  A person who trespasses into or is in wrongful occupation  of a building or property  which is \r\nvested in or is managed, maintained or controlled by the concerned local government may, in addition \r\nto any other penalty to which he may be liable under this Ordinance or any other law for the time being \r\nin force, after such notice as may be considered reasonable by the concerned local government,  be \r\nejected from such building or property by the local government with such force as may be necessary. \r\n \r\n(4)  Any person aggrieved by the notice issued under sub­section (3) may, within seven days, \r\nof the service of notice, appeal to such authority as may be prescribed in the rules relating to appeals \r\nand its decision thereon shall be final. \r\n \r\n(5)  Notwithstanding anything contained in any other law, no compensation shall be payable \r\nfor any encroachment removed or ejectment carried out under this section. \r\n \r\n(6)  The cost of removal of encroachment or ejectment under this section shall be payable to \r\nthe Cantonment Administration by the encroacher or wrongful occupier, and if the cost is not paid on \r\ndemand, the Cantonment Administration may cause it to be recovered as arrears  of land revenue or  \r\ncause the materials or articles used by the encroacher or the wrongful occupier of encroachment or  \r\nwrongful occupation to be sold in auction and if the proceeds of the sale are not sufficient to cover the \r\ncost the balance shall be recov erable as arrears of land revenue but if such proceed exceeds the cost, \r\nthe excess shall be paid to the encroacher or the wrongful occupier. \r\n \r\n(7)  In this section, the expressions “encroacher” or “wrongful occupier” includes a person who \r\nowns the material or articles used for encroachment or wrongful occupation at the time of removal of  \r\nencroachment or ejectment  and also any person in possession thereof  on his behalf or with his  \r\npermission or connivance. \r\n \r\n \r\n \r\n \r\n \r\n \r\nPage 80 of 122  \r\nSTREETS AND STREET LIGHTING \r\n \r\n188.  Public streets.— (1) The Cantonment Administration shall provide and maintain such \r\npublic streets and other means of public communications as may be necessary. \r\n \r\n(2)  The Cantonment Administration shall, in the manner prescribed, prepare and execute a \r\nroad maintenance and development programme. \r\n \r\n(3)  A Cantonment Administration may, by order in writing, permit the temporary occupation \r\nof any street, or of any land vested in it for the purpose of depositing any building materials or making \r\nany temporary excavation thereon, subject to such conditions as it may prescribe for the safety or  \r\nconvenience of the public, and may charge a fee for such permission, and may in its discretion  \r\nwithdraw such permission. \r\n \r\n(4)  A Cantonment Administration shall not perman ently close any street or open any new \r\nstreet without the previous sanction of the Competent Authority. \r\n \r\n(5)  A Cantonment Administration may, by public notice, temporarily close any street or any \r\npart of a street for repair or for the purpose of carrying out any work connected with drainage, \r\nwater­supply or lighting or any other work which is by or under this Ordinance required or permitted \r\nto carry out: \r\n \r\nProvided that where, owing to any works or repair or from any other cause, the condition of \r\nany street or of any water­works, drain, culvert or premises vested to the local government is such as \r\nto be likely to cause danger to the public, the Cantonment Administration shall— \r\n \r\n(a) take all reasonable means for the protection of the adjacent buildings and \r\nland and provide reasonable means of access thereto; and \r\n \r\n(b) cause sufficient barriers or fences to be erected for the security of life and \r\nproperty, and cause such barriers or fences to be sufficiently lighted from sunset \r\nto sun rise. \r\n \r\n189.  Streets.— (1) No new street shall be laid out except with the previous sanction of \r\nthe Cantonment Administration and in conformity with the terms and conditions of such sanction. \r\n \r\n(2)  All streets other than public streets shall be maintained in such manner as the bye­laws \r\nmay  provide. \r\n \r\n(3)  The Cantonment Administration may, by notice, require that any street may be paved, \r\nmetaled, drained, channeled, approved or lighted in such manner as may be specified and in the event \r\nof default, the Cantonment agency and the cost so incurred shall be deemed to be a tax levied  on the \r\nperson concerned under this Ordinance. \r\n \r\n190.  Street lighting and electrification.— (1) The Cantonment Administration shall take \r\nsuch measures as may be necessary for the proper lighting of the public streets and other public places \r\nvested in the  Cantonment Administration by oil, gas, electricity or such other  illuminant as the  \r\nCantonment Administration may determine. \r\n \r\n(2)  The Cantonment Administration shall also provide or cause to be provided electricity in \r\ncoordination with the concerned department to its local area for public and private purposes. \r\n \r\n(3)  The Cantonment Administration may frame and enforce street lighting and electrification  \r\n \r\nPage 81 of 122  \r\nschemes. \r\n191.  Street watering. The Cantonment Administration shall take  such measures as may be  \r\nnecessary for the watering of public streets for the comfort and convenience of the public, and may,  \r\nfor this purpose, maintain such vehicles, staff and other apparatus as may be necessary. \r\n \r\n192.  Boundary walls, hedges and fences.— (1) No boundary wall, hedge or fence and hedges \r\nany material or description shall be erected  in such parts of the  local areas as are specified by the  \r\nCantonment Administration, without the permission in writing of the Cantonment Administration. \r\n \r\n(2)  A Cantonment Administration may, by notice in writing, require the owner or lessee of \r\nany land of its local area,— \r\n \r\n(a) to remove from the land any boundary wall, hedge or fence which is, in \r\nits opinion unsuitable, unsightly or otherwise objectionable; \r\n \r\n(b) to construct on the land sufficient boundary walls, hedges or fences of such \r\nmaterial, description or dimensions as may be specified in the notice; or \r\n \r\n(c) to maintain boundary walls, hedges or fences of such lands in good order: \r\n \r\nProvided that in the case of any such boundary wall, hedge or fence which was erected with \r\nthe consent or under the orders of the Cantonment Administration or which was in existence at the  \r\ncommencement of this Ordinance the Cantonment Administratio n shall make compensation for any  \r\ndamage caused by the removal thereof. \r\n \r\n(3)  A Cantonment Administration may, by notice in writing, require the owner, lessee or \r\noccupier of any such land to cut or trim any hedge on the land in such manner and within such time as \r\nmay be prescribed in the notice. \r\n \r\nARBORICULTURE \r\n \r\n193.  Arboriculture. The concerned local government shall plant trees on public streets and \r\nother public places within its local area and take all such steps as may be necessary for the plantation \r\nand protection of trees on such streets and places. \r\n \r\n194.  Forests. The Cantonment Administration may, in the manner prescribed frame and \r\nenforce plans providing for the improvement, development and exploitation of forests and maintain \r\nand plan forests in accordance with such plans. \r\n \r\n195.  Nuisance pertaining to trees and plantations.— (1) A local council may, by bye­laws, \r\ndetermine the pests of trees and plants and provide for their destruction. \r\n \r\n(2)  If any land or premises within the local area of the Cantonment Administration is grown with \r\nrank or noxious vegetation, or under­growth, the Cantonment Administration may by notice require the \r\nowner or the occupier of such land or premises to clear such vegetation or under­growth within a specified \r\ntime and if he fails to do so within such time, the Cantonment Administration may have such vegetation or \r\nunder­growth cleared and the cost incurred shall be deemed to be a tax levied on the owner or the occupier \r\nunder this Ordinance. \r\n \r\n(3)  A Cantonment Administration may, in the manner provided in the bye­laws, prohibit the  \r\ncultivation of any crop which is considered dangerous to public health within such part of its local area \r\nas may be specified. \r\n \r\n \r\nPage 82 of 122  \r\n \r\n196.   Felling, lopping and trimming of trees. — (1) Where, in the the opinion of the \r\nCantonment Administration the felling of any tree of mature growth standing in a private enclosure in \r\nits local area is necessary for any reason, the Cantonment Administration may, by notice in writing, \r\nrequire the owner, lessee or occupier of the land to fell the tree within such time as may be specified \r\nin the notice. \r\n(2)  A Cantonment Administration may— \r\n \r\n(a) cause to be lopped or trimmed any tree standing on land in its local area which \r\nbelongs to the Cantonment Administration; or \r\n \r\n(b) by public notice require all owners, lessees or occupiers of the land in its local \r\narea or by notice in writing require the owner, lessee or occupier of any such \r\nland, to lop or trim, in such manner as may be specified in the notice, all or any \r\ntrees standing on such land or to remove any dead trees from such land. \r\n \r\nOPEN SPACES \r\n \r\n197.  Gardens.— (1) The Cantonment  Administration may lay­out and maintain within its local \r\narea such public gardens as may be necessary for the recreation and convenience of the public and such \r\npublic gardens shall be maintained and administered in such manner as the bye­laws, may provide. \r\n \r\n(2)  For every public garden there shall be framed and enforced, in the manner prescribed, a  \r\ngarden development plan, which shall provide for the development and improvement of the garden. \r\n \r\n198.  Parks and open spaces. The Cantonment Administration may provide and maintain \r\nwithin its local area such open spaces as may be necessary for the convenience of the public and such \r\nspaces shall be grassed, hedged, planted and equipped with amenities in such manner as the bye­laws \r\nmay provide. \r\n \r\nLAND USE \r\n \r\n199.  Digging of public land. Whoever without the permission in writing of the Cantonment  \r\nAdministration digs up the surface of any open space in its local area, which is not private property,  \r\nshall be punishable with punishment as provided in the Third Schedule. \r\n \r\n200.  Improper use of land. — (1) If, in the opinion of a Cantonment Administration the \r\nworking of a quarry in its local area or the removal of stone, earth or other material from the soil in any \r\nplace in its local area is dangerous, to persons residing in or frequenting the neighborhood of such \r\nquarry or place, or creates, or is likely to create, a nuisance, the Cantonment Administration may, by \r\nnotice in writing, prohibit the owner, lessee or occupier of such quarry or place or the person responsible \r\nfor such working or removal, from continuing or permitting the working of such quarry or the moving \r\nof such material, or require him to take such steps in the matter as the Cantonment Administration may \r\ndirect for the purpose of preventing danger or abating the nuisance likely to arise therefrom. \r\n \r\n(2)  If, in any case referred to in sub­section (1), the Cantonment Administration is of the opinion \r\nthat such a course is necessary in order to prevent imminent danger it may, by order in writing, require \r\na proper hoarding or fence to be put up for the protection of passers­by. \r\n \r\n \r\n \r\n \r\n \r\n \r\nPage 83 of 122  \r\nCHAPTER XVI \r\n \r\nWATER SUPPLY AND DRAINAGE \r\n \r\nWATER SUPPLY \r\n \r\n201.  Water supply.— (1) The Cantonment Administration shall provide or cause to be provided \r\nto its local area a supply of wholesome water sufficient for public and private purposes. \r\n \r\n(2)  Where a piped water supply is provided, the Cantonment Administration shall supply water to \r\nprivate and public premises in such manner and on payment of such charges as the by­laws may  \r\nprovide. \r\n \r\n202.  Private source of water supply.— (1) All private sources of water supply within the \r\nlocal area of a cantonment shall be subject  to control, regulation and inspection by the \r\nCantonment  Administration. \r\n \r\n(2)  No new well, water pump or any other source of water for drinking purposes, shall be dug, \r\nconstructed or provided except with the sanction of the Cantonment Administration. \r\n \r\n(3)  A Cantonment Administration may, by notice, require the owner or any person having the \r\ncontrol of any private source of water supply used for drinking purposes— \r\n \r\n(a) to keep the same in good order and to clean it from time to time of silt, refuse \r\nand decaying matter; \r\n \r\n(b) to protect the same from contamination in such manner as the Cantonment \r\nAdministration directs; and \r\n \r\n(c) if the water therein is proved to satisfaction of the Cantonment Administration \r\nto be unfit for drinking purposes, to take such measures as may be specified in the \r\nnotice to prevent the use of such water for drinking purposes. \r\n \r\n203.  Public watercourses. — (1) A Cantonment Administration may, with the previous \r\nsanction of the Government, declare any source of water, river, spring, tank, pond or public stream, or \r\nany part thereof within its local area, which is not private property, to be a public watercourse. \r\n \r\n(2)  A Cantonment Administration may, in respect of any public watercourse, provide such \r\namenities, make such arrangements for lifesaving, execute such works, and subject to the provisions  \r\nof any law for the time being in force relating to irrigation, drainage and navigation, regulate the use  \r\nthereof, as the bye­laws may provide. \r\n \r\n204.  Tanks, ponds and low-lying areas. The Cantonment Administration may take such steps \r\nwith regard to the excavation or re-excavation of tanks and ponds and the reclamation of low-lying \r\nareas as it thinks fit or, as the case may be, the Government may direct. \r\n \r\n \r\nDRAINAGE AND SEWERAGE \r\n \r\n205.  Drainage.— (1) The Cantonment Administration shall provide an adequate system of \r\npublic drains in its local area and all such drains shall be constructed, maintained, kept cleared and \r\nemptied with due regard to the health and convenience of the public. \r\n \r\n \r\n \r\nPage 84 of 122  \r\n(2)  Every owner or occupier  of any land or building within the  cantonment may, with the  \r\nprevious permission of the Cantonment Administration, and subject to such terms and conditions,  \r\nincluding the payment of fees, as it may impose, cause his drains to be emptied into public drains. \r\n \r\n(3)  All private drains shall be subject to control, regulation and inspection by the Cantonment \r\nAdministration. \r\n \r\n(4)  Subject to the provisions of any  other law for the  time being in force,  the Cantonment \r\nAdministration may by notice direct a commercial or industrial concern to provide for the disposal of \r\nits waste or effluent in the manner specified, and failure on the part of owner, tenant or occupier thereof \r\nto comply with such directions, shall be a municipal offence. \r\n \r\n(5)  The Cantonment Administration may, by notice, require the owner of any building, land or \r\nan industrial concern within its local area— \r\n \r\n(a) to construct such drains within the building or land or the street  adjoining such \r\nbuilding or land and to take such other measures for treatment and disposal of \r\neffluent as may be specified in the notice; \r\n \r\n(b) to remove, alter or improve any such drains; and \r\n \r\n(c) to take other steps for the effective drainage of the building or land as may be \r\nspecified. \r\n \r\n(6)  In case of failure of owner to comply with the requirements of notice under sub­section \r\n(5), the Cantonment Administration may itself cause such requirements to be carried out, and the cost \r\nso incurred shall be deemed to be a tax  levied on the owner of the building or land, as the case may be, \r\nunder this Ordinance. \r\n \r\n206.  Drainage and sewerage schemes for commercial and industrial area.— (1) The \r\nCantonment Administration may, by notice, require the owners, tenants and occupiers of commercial \r\nand industrial concerns in any area or areas within the cantonment to have at their own cost prepared \r\na scheme for the adequate and safe drainage and disposal of their wastes and effluent of the quality  \r\npermitted under the rule or the bye­laws and submit it to the local government within the time specified \r\nin the notice: \r\n \r\nProvided that the time limit may be extended by the Cantonment Administration for a \r\nmaximum period of three months at the request of the owners, tenants or occupiers of the commercial \r\nand the industrial units concerned. \r\n \r\n(2)  The drainage, sewerage and disposal scheme as approved by the Cantonment \r\nAdministration with modifications, if any, shall be executed and implemented by the owners, tenants \r\nor occupiers of the commercial or industrial units at their expense in such manner and within such time \r\nas may be specified by the Cantonment Administration. \r\n \r\n(3)  In case of the failure of the owners, tenants or occupiers of the commercial or industrial  \r\nconcerns to comply with the provisions of sub­section (1) and (2), the Cantonment Administration  \r\nmay itself prepare the drainage, sewerage and disposal scheme and execute and implement it at its own \r\nexpense, and the cost so incurred shall, under this Ordinance, be deemed to be a tax  levied on the \r\nowners, tenants or occupiers of the industrial and commercial units concerned. \r\n \r\n207.  Drainage and sewer connections.— (1) A Cantonment Administration may, by notice \r\nin writing, require the owner or lessee of any building or land in any street, at his own expense and in \r\nsuch manner as the Cantonment Administration thinks fit, to put up and keep in good condition proper \r\ntroughs and pipes for receiving and carrying rain water from the building or land and for  discharging \r\nthe same or to establish and maintain any other connection or communication between  such building \r\nor land and any drain or sewer. \r\n \r\nPage 85 of 122  \r\n(2)  For the purpose of efficiently draining any building or land in its local area, the Cantonment \r\nAdministration may, by notice in writing, require the owner or lessee of the building or land,— \r\n \r\n(a) to pave, with such materials and in such manner as it thinks fit, any courtyard, \r\nalley or passage between two or more buildings; or \r\n \r\n(b) to keep any such paving in proper repair. \r\n \r\nCHAPTER XVII \r\n \r\nENTRY, INSPECTION AND PROCEDURES \r\n \r\nENTRY AND INSPECTION \r\n \r\n208.  Power of entry. It shall be lawful for the Administrator, the Cantonment Administrative \r\nOfficer, or any other officer, the Health Officer or Assistant Health Officer, or any other person  \r\nauthorized by general or special order of a Cantonment Administration in this behalf, to enter into or upon \r\nany building or land with or without assistants or workmen in order to make any inquiry,  inspection, \r\nmeasurement, valuation or survey, or to execute  any work, wh ich is authorised by or  under this \r\nOrdinance or which is necessary to make or execute for any of the purposes or in pursuance of any of \r\nthe provisions of this Ordinance or of any rule, bye­law or order made thereunder: \r\n \r\nProvided that nothing in this section shall be deemed to confer upon any person any power \r\nsuch as is referred to in section 147 or section 152 or to authorize the conferment upon any person of \r\nany such power. \r\n \r\n209.  Power of inspection, etc.— (1) A Cantonment Administration may, by general or special \r\norder, authorize any person— \r\n \r\n(a) to inspect any drain, privy, latrine, urinal, cesspool, pipe, sewer or channel in or \r\non any building or land in the  cantonment, and, in his discretion, to  cause the \r\nground to be open for the purpose of preventing or removing any nuisance \r\narising from the drain, privy, latrine, urinal, cesspool, pipe, sewer or channel, as \r\nthe case may be; and \r\n(b) to examine work under construction in the cantonment, to take level or to \r\nremove, test, examine, replace or read any meter. \r\n \r\n(2)  If, on such inspection, the opening of the ground is found to be necessary for the prevention \r\nor removal of a nuisance, the expenses thereby incurred shall be paid by the owner or occupier of the  \r\nland or building, but if it is found that no nuisance exists or but for such opening would have arisen  \r\nthe ground or portion of any building, drain, or other work opened, injured or removed for the purpose \r\nof such inspection shall be filled in, reinstated, or made good, as the case may be, by the Cantonment \r\nAdministration. \r\n \r\n210.  Power to enter  land adjoining land where work is in progress.— (1) An officer \r\nauthorized by the Cantonment Administration may, with or without assistants or workmen, enter on \r\nany land within fifty yards of any work authorized by or under this Ordinance for the purpose of \r\ndepositing thereon any soil, gravel, stone or other materials, or of obtaining access to such work, or for any \r\nother purpose connected with the carrying on of the same. \r\n \r\n(2)  The authorized officer shall, before  entering on any land under sub­section (1) give the  \r\noccupier, or, if there is no occupier, the owner not less than three days previous notice in writing of  \r\nhis intention to make such entry, and shall state the purpose thereof, and sh all, if so required by the  \r\noccupier or the owner, fence off so much of the land as may be required for such purpose. \r\n \r\nPage 86 of 122  \r\n(3)  The authorized officer shall, in exercising any power conferred by this section, do as little \r\ndamage as may be, and compensation shall be payable by the Cantonment Administration to the owner \r\nor occupier of such land, or to both, for any such damage whether permanent or temporary. \r\n \r\n211.  Breaking into premises. It shall be lawful for any person, authorized by or under this  \r\nOrdinance to m ake any entry into any place to open, or cause to be opened any door, gate or other  \r\nbarrier— \r\n(a) if he considers the opening thereof necessary for the purpose of such entry; and \r\n \r\n(b) if the owner or occupier is absent, or being present refuses to open such \r\ndoor, gate or barrier. \r\n \r\n212.  Entry to be made in the day time. Save as otherwise expressly provided in this \r\nOrdinance,  no entry authorized by or under this Ordinance shall be made except between the hours of \r\nsunrise and sunset. \r\n \r\n213.  Owner’s consent ordinarily be obtained. Save as otherwise expressly provided in this \r\nOrdinance, no building or land shall be entered without the consent of the occupier, or if there is no occupier, \r\nof the owner thereof, and no such entry shall be made without giving the said occupier or  owner, as \r\nthe case may be, not less than four hours written notice of the intention to make such entry: \r\n \r\nProvided that no such notice shall be necessary if the place to be inspected is a factory \r\nor workshop or trade premises or a place used for carrying on any trade, calling, or occupation or a \r\nstable for horses, or cattle shed or a latrine, privy, or urinal or a work under  construction, or for the \r\npurpose of ascertaining whether  any animal intended for human food is  slaughtered in that place in \r\ncontravention of this Ordinance, or any bye­law made thereunder. \r\n \r\n214.  Regard to be had to social  and religious usages. When any place used as a human  \r\ndwelling is entered under this Ordinance, due regard shall be paid to the social and religious customs \r\nand usages of the occupants of the place entered, and no apartment in the actual occupancy of a female \r\nshall be entered to break open until she has been informed that she is at liberty to withdraw and every \r\nreasonable facility has been afforded to her for withdrawing. \r\n____________ \r\n \r\nCHAPTER XVIII \r\n \r\nOFFENCES AND PUNISHMENTS \r\n \r\n 215. Offences. An act or omission specified in the Third Schedule shall be an offence liable \r\nto punishment by way of imprisonment or penalty under this Ordinance. \r\n \r\n 216. Notices and authorisation. Each Cantonment Administrator or Union Nazim shall \r\nauthorize  an officer or officers under his administrative control— \r\n \r\n(a) to issue legal notices on behalf of the respective Administration for violation or \r\ncommission or any offence under this Ordinance, rules or bye­laws; \r\n \r\n(b) to take such measures and actions for compliance of directions contained in the \r\nnotices issued restraining violations or commission of any  offence under this \r\nOrdinance, rules or byelaws; and \r\n \r\n(c) to initiate legal proceedings, defend any legal proceedings initiated against the \r\nCantonment Administration or Union Administration, attend court proceedings \r\nand represent the Cantonment Administration or as the case may be, the Union \r\nAdministration. \r\n \r\nPage 87 of 122  \r\n217.  Cognizance of offences.— (1) No court shall take cognisance of any offence under this \r\nOrdinance except on a complaint in writing received from the Cantonment Administrator or Nazim,  \r\nor an officer or a person generally or specially aut horized by the local government or on a complaint  \r\nmade by an affected citizen if no action is taken on the complaint made by him under sub­section (2). \r\n \r\n(2)  The Cantonment Administrator or the Nazim or an officer or any other person generally or \r\nspecially authorised by him may, on his own motion, or on the complaint of any affected citizen,  \r\ninstitute any suit or initiate prosecution or any other legal action against a person committing an  \r\noffence under this Ordinance. \r\n \r\n218.  Summary disposal of cases.— (1) Except the offences specified in Part­I of the Third \r\nSchedule, a court taking cognisance of the offences punishable under this Ordinance shall try such  \r\noffences in a summary manner in accordance with the provisions of the Code of Criminal Procedure  \r\n1898 (Act V of 1898). \r\n \r\n(2)  Notwithstanding anything in the Code of Criminal Procedure, 1898(Act V of 1898), a \r\nCourt trying any offence, referred to in the Third Schedule, shall be  competent to pass any sentence \r\nauthorised by this Ordinance. \r\n \r\n219.  Punishments and penalties.— (1) Whoever commits any of the offences specified in \r\nPart­I of the Third Schedule shall be punishable with imprisonment for a term which may extend to \r\none year, or with fine which may extend to fifteen thousand rupees, or with both and, if the offence is \r\ncontinued, with a further fine which may extend  to one thousand rupees for every day after  the date \r\nof the first commission during which period the offender has persisted in the offence. \r\n \r\n(2)  Whoever commits any of the offences specified in  Part­II of the Third Schedule shall be  \r\npunishable with imprisonment which may extend to six months and with fine which may extend to  \r\nfive thousand rupees and, if the offence is continued, with a further fine which may extend to two  \r\nhundred rupees for ever y day after the date of first commission during which period the offender has  \r\npersisted in the offence. \r\n \r\n(3)  Whoever commits any of the offences specified in Part­III of the Third Schedule shall be  \r\npunishable with imprisonment which may extend to one month, or with fine which may extend up to five \r\nthousand rupees, or with both and, if the offence is continued, with a further fine which may  extend \r\nup to one hundred rupees for every day after the date of first commission during which period the offender \r\nhas persisted in the offence. \r\n \r\n220.  Compounding of offences. Subject to provision of section 345 of the Code of Criminal \r\nProcedure1898 (Act V of  1898), except as otherwise provided,  the Cantonment Administrator, \r\nCantonment Administrative Officer or an officer or any other official generally or specially authorised \r\nin this behalf, by him may, at any time or after the commission of the offence but before the conclusion \r\nof proceedings in the court, compound any offence under this Ordinance. \r\n \r\n221.  Rights of citizen not affected. Nothing contained in section 217 shall restrict or abridge \r\nthe rights of the citizens or residents of a local area to bring any suit or other legal proceedings against \r\nany Cantonment Administration or Union Administration, their officers or other functionaries \r\nviolating their rights available to them under any law for the time being in force. \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\nPage 88 of 122  \r\nCHAPTER XIX \r\n \r\nROLE OF POLICE IN CANTONMENTS \r\n \r\n222. Duties of Police Officers. It shall be the duty of all police officers employed in the cantonment \r\nto give immediate information to the Cantonment Administrator of the commission of  any offence \r\nagainst the provisions of this Ordinance or any of the rule or bye­law made thereunder,  and to assist \r\nall officers and servants of the local g overnments in the cantonment in exercise of their  lawful \r\nauthority. \r\n223.  Responsibilities of Police  Officers under the Police  Order. The police officers shall  \r\nexercise powers and perform functions in the following manner:— \r\n \r\n(a) the Head of District Police shall, from time to time, and subject to any other \r\nlaws and such orders as may have been made by a local government in a \r\ncantonment issue orders to give effect to all relevant provisions of this Ordinance \r\nor rules and bye­laws made thereunder; \r\n \r\n(b) the Provincial Police Officer and as the case may be, the City Police Officer, \r\nwhile dividing districts into police divisions, police sub­divisions, police \r\nstations and police posts, shall see that as for as possible, these are \r\ncoterminous with the limits of cantonments and Unions; \r\n \r\n(c) the Head of District Police shall provide copy of the approved Policing Plan \r\nrelated to cantonment to the Cantonment Administrator; \r\n \r\n(d) for effective administration of cantonment under this Ordinance the \r\nCantonment Administrator may, need a police force of appropriate strength, and \r\nif so required, the District Police Officer shall, place the force at the disposal of \r\nthe Cantonment Administration on payment of such cost as may be determined \r\nby the Provincial Government; and \r\n \r\n(e) where the Zila Nazim so directs, the District Coordination Officer shall be \r\nresponsible for coordination of police support by Head of District Police to the \r\nCantonment Administration, in exigencies threatening law and order, natural \r\ncalamities and emergencies. \r\n__________ \r\n \r\nCHAPTER XX \r\n \r\nCONTROL OF ANTI-SOCIAL AND SEDITIOUS PERSONS \r\n \r\n224.  Power to remove brothels and prostitutes. The Officer Commanding the station may, \r\non receiving information that any building in the cantonment is used as a brothel or for purposes of  \r\nprostitution, by order in writing setting forth the substance of the information received, summon the  \r\nowner, lessee, tenant or occupier of the building to appear before him either in person or by an  \r\nauthorized agent, and, if th e Officer Commanding the station is then satisfied as to the truth of the  \r\ninformation, he may, by order in writing, direct the owner, lessee, tenant or occupier, as the case may \r\nbe, to discontinue such use of the building within such period as may be specified in the order. \r\n \r\n225.  Penalty for loitering and importuning for purposes of prostitution. — (1) Whoever \r\nin a cantonment loiters for the purpose of prostitution, or importunes any person to the commission of \r\nsexual immorality, shall be punishable with imprisonment which may extend to one month, or with  \r\nfine which may extend to five thousand rupees. \r\n \r\nPage 89 of 122  \r\n(2)  No prosecutions for an offence  under this section shall be instituted except  on the \r\ncomplaint of the person importuned, or of an armed forces officer in whose presence the offence was \r\nomitted, or of a member of the armed forces police, employed in the cantonment and authorised in this \r\nbehalf by the Officer Commanding the station, in whose presence the offence was committed, or of a police \r\nofficer not below the rank of a sub­inspector who is employed in the cantonment and authorised in this \r\nbehalf by the Officer Commanding the station. \r\n \r\n \r\n226.  Removal of lewd persons from cantonment. If the Officer Commanding the station is, \r\nafter such  inquiry as he thinks necessary, satisfied that any person residing in or frequenting the \r\ncantonment is a prostitute or has been convicted of an offence under section 225, or of the abetment  \r\nof such an offence, he may cause to be served on such person an order in writing requiring such person \r\nto remove from the cantonment within such time as may be specified in the order, and prohibiting such \r\nperson from re­entering it without the permission in writing of the Officer Commanding the station. \r\n \r\n227.  Removal and exclusion from cantonment of disorderly persons.— (1) The \r\nOfficer Commanding the station on receiving information that any person residing in or \r\nfrequenting the cantonment— \r\n \r\n(a) is a disorderly person who has been convicted more than once of gaming or who \r\nkeeps or  frequents a common gaming house, a disorderly drinking shop or a \r\ndisorderly house of any other description; \r\n \r\n(b) has been convicted more than once, either within the cantonment or elsewhere, \r\nof an offence punishable under Chapter XVII of the Pakistan Penal  Code (Act \r\nXLV of 1860); or \r\n \r\n(c) has been ordered under Chapter VIII of the Code of Criminal Procedure, 1898, (Act \r\nV of 1898) either within the cantonment or elsewhere, to execute a bond for his \r\ngood behaviour,  \r\n \r\nmay record in writing the substance of the information received, and may summon such  person \r\nrequiring such person to appear and show cause why he should not be required to  remove from the \r\ncantonment and be prohibited from re­entering it. \r\n \r\n(2)  Every summons issued under sub­section (1) shall be accompanied by a copy of the record \r\naforesaid and the copy shall be served along with the summons on the person against whom the  \r\nsummons is issued. \r\n \r\n(3)  The Officer Commanding the station shall, when the person so summoned appears before \r\nhim, proceed to inquire into the truth of the information received and take further evidence as he thinks \r\nfit, and if, upon such enquiry, it appears to him that such person is a person of kind described in sub­  \r\nsection (1) and that it is necessary for the maintenance of g ood order in the cantonment that such  \r\nperson should be required to remove therefrom and be prohibited from re­entering the cantonment,  \r\nand, if, the Officer Commanding the station so directs, shall cause to be served on such person an order \r\nin writing requiring him to remove from the cantonment within such time as may be specified in the order \r\nand prohibiting him from re­entering it without the permission in writing of the Officer Commanding \r\nthe station. \r\n \r\n228.  Removal and exclusion from cantonment of seditious persons.— (1) If any person \r\nin a cantonment causes or attempts to cause or does any act which he knows is likely to cause \r\ndisloyalty, disaffection or breaches of discipline amongst any portion of the armed forces of Pakistan \r\nor is a person who, the Officer Commanding the station has reason to believe, is likely to do any \r\n \r\nPage 90 of 122  \r\nsuch act, the Officer Commanding the station may make an order in writing setting forth the reasons \r\nfor the making of the same and requiring such person to remove from the cantonment within such time as \r\nmay be specified in the order and prohibiting him from re­entering it without the permission in writing \r\nof the Officer Commanding the station: \r\n \r\nProvided that no order shall be made under this section against any person unless he has had a \r\nreasonable opportunity of being informed of the grounds on which it is proposed to make the order  \r\nand of showing cause why the order should not be made. \r\n(2) Every order made under sub­section (1) shall be sent to the District Police Officer, who \r\nshall cause a copy thereof to be served on the person concerned.  \r\n \r\n(3)  Upon the making of any order under sub­section (1), the Officer Commanding the station shall \r\nforthwith send a copy of the same to the Government. \r\n \r\n(4)  The Government may, of its own motion, and shall, on application, made to it in this behalf \r\nwithin one month of the date of the order by the person against whom the order has been made, request \r\nthe Sessions Judge to make, after such inquiry as the Federal Government may prescribe, a  report \r\nregarding the justice of the order and the necessity therefor. At every such inquiry the person  against \r\nwhom the order has been made shall be given an opportunity of being heard in his own defence. \r\n \r\n(5)  The Government may, at any time after the receip t of a copy of an order sent under sub­  \r\nsection (3), or where a report has been called for under subsection (4), on receipt of that report, if it is \r\nof opinion that the order should be varied or rescinded, make such order thereon as it thinks fit. \r\n \r\n(6)  Any person who has been excluded from a cantonment by an order made under this section \r\nmay, at anytime after the expiry of one month from the date thereof, apply to the Competent Authority, \r\nfor the rescission of the same and, on such application being made, the said Authority may, after making \r\nsuch inquiry, if any, as he thinks necessary, either reject the application or rescind the order. \r\n \r\n229.  Penalty. Whoever— \r\n \r\n(a) fails to comply with an order issued under this Chapter within the period \r\nspecified therein, or, whilst an order prohibiting him from re­entering a \r\ncantonment without permission is  in force, re­enters the cantonment without \r\nsuch permission; or \r\n \r\n(b) knowing that any person has, under this Chapter, being required to remove from \r\nthe cantonment and has not  obtained the requisite permission to  re­enter it, \r\nharbours or conceals such person in the cantonment, \r\n \r\nshall be punishable with an imprisonment for a term which may extend to three months or fine which \r\nmay extend to five thousand rupees, and, in the case of a continuing offence, with an additional fine \r\nwhich may extend to one hundred rupees for every day after the first during which he has persisted in \r\nthe offence. \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\nPage 91 of 122  \r\nCHAPTER XXI \r\n \r\nFINANCE \r\n \r\n230.  Establishment of Funds and Public Accounts.— There shall be established a \r\nCantonment Fund for each Cantonment Administration. \r\n \r\n(2)  All revenues received by a Cantonment Administration shall form part of the \r\nrespective Cantonment Fund including— \r\n \r\n(a) grants made to or monies received by a Cantonment Administration from the                \r\nK   Government, Provincial Government, local government or other sources; \r\n(b) the proceeds of taxes, charges or fees etc., levied by a Cantonment \r\nAdministration under this Ordinance; \r\n \r\n(c) rents and profits payable or accruing to a Cantonment Administration from \r\nimmovable property vested in or controlled or managed by it; \r\n \r\n(d) proceeds or any other profits howsoever known or called from bank accounts, \r\ninvestments or commercial enterprises of a Cantonment Administration; \r\n \r\n(e) gifts, grants, donations or contributions to a Cantonment  Administration by \r\nindividuals or institutions: \r\n \r\n(f) income accruing from markets,  fairs or any other enterprises run or regulated \r\nby a Cantonment Administration; \r\n \r\n(g) fines paid with respect to offences under this Ordinance or bye­laws or under \r\nany other law for the time being in force in which provision is made for the fines \r\nto be credited to the Funds established under this Ordinance; \r\n \r\n(h) proceeds from other sources of income which are placed at the disposal of a \r\nCantonment Administration under directions of the Government; and \r\n \r\n(i) the balance, if any, in the accounts of the Board. \r\n \r\n(3)  All other public monies including— \r\n \r\n(a) refundable deposits received by a Cantonment Administration; and \r\n \r\n(b) deferred liabilities, \r\n \r\nshall be credited to the Public Account of the respective Cantonment Administration. \r\n \r\n231.  Custody of Funds.— (1) Monies credited to a Cantonment Fund or a Public Account \r\nof the Cantonment Administration shall be kept in the State Bank, government treasury, a post office \r\nor a bank approved by the Government in such manner as shall be specified by the Government. \r\n \r\n(2)  The Public Account of the Cantonment Administration shall be in a separate Bank Account. \r\n \r\n(3)  All Bank Accounts shall be operated through the Accounts Officer specified under \r\nsection 240 of the concerned Cantonment Administration. \r\n \r\nPage 92 of 122  \r\n \r\n232.  Transfer of Funds from the Government.— (1) The Cantonment Administration \r\nshall receive its share directly from the Federal Government. \r\n \r\n(2)  The grants shall be received in the Cantonment Fund.  \r\n \r\n(3)  The grants shall include the share of the Cantonment Administration and Unions in \r\nthe Cantonments. \r\n \r\n(4)  The responsibility of the financial management in Cantonment shall lie with the \r\nrespective Cantonment Administration. \r\n \r\n(5)  The share of the Unions shall not be transferred to the Unions, instead each Union shall \r\nbe provided a budget reflected separately in the Cantonment Administration Budget. \r\n(6)  Financial requirements of each Union shall be met by the Cantonment Administration as \r\nper the approved budget. \r\n \r\n233.  Provision of data to Federal Government.— (1) The Cantonment Administration \r\nshall provide all data required for the determination and application of the formula as required by the. \r\n \r\n(2)  The Government may, where it deems appropriate, institute data collection or recommend \r\nsuch data collection to a Cantonment Admini stration and may also recommend to the Cantonment  \r\nAdministration to bear the cost such data collection. \r\n \r\n(3)  The Cantonment Administrations shall provide reports to the Government in accordance \r\nwith time frames and methodology for the flow of funds prescribed by the Government. \r\n \r\n234.  Application of funds.— (1) The monies credited to a Cantonment Funds shall be \r\nexpended by a Cantonment Administration in accordance with the Annual Budget and \r\nSupplementary Budget approved by its Board. \r\n \r\n(2)  A Cantonment Administration may transfer approved budgeted amounts to a Union \r\nAdministration or Citizen Community Board, within its local area, for carrying out a project. \r\n \r\n(3)  No Cantonment Administration shall transfer monies to a higher level of government \r\nexcept by way of repayment of debts contracted before the coming into force of this Ordinance. \r\n \r\n(4)  The development budget shall be prioritized in accordance with the bottom up planning \r\nsystem as laid down in section 276: \r\n \r\nProvided that \r\n \r\n(a) not less than twenty-five percent of the development budget for new schemes \r\nshall be set apart for Citizen Community Boards for utilization by the Citizen \r\nCommunity Boards in accordance with the provisions of section 276; and \r\n \r\n(b) the amount referred to in  clause (a) which remains unspent shall be credited \r\nunder the  same head in the following year ’s budget in addition to the fresh \r\nallocation under the said clause for that year. \r\n \r\n(5)  In every budget a provision shall be made for payment of performance incentive bonuses \r\nby the Cantonment Administration. \r\n \r\nPage 93 of 122  \r\n \r\n235. Charged Expenditure. The following expenditure shall be treated as charged \r\nexpenditure— \r\n \r\n(a) the administrative expenses of the Board; \r\n \r\n(b) any sum to satisfy any judgment, decree or award against a Cantonment \r\nAdministration by any Court or Tribunal; and \r\n \r\n(c) interest payments. \r\n \r\n236.  Budget preparation.— (1) Before the commencement of a financial year each \r\nCantonment Administration shall, for its Cantonment Fund, prepare in the prescribed manner, a \r\nbudget for that year, in conformity with the provisions of section 276. \r\n \r\n(2)  The annual budget for each Cantonment Administration shall contain estimates of— \r\n \r\n(a) grants and monies received from all sources; \r\n(b) amounts available in the Cantonment Fund; \r\n \r\n(c) receipts for the next year; and \r\n \r\n(d) expenditures to be incurred for the next year. \r\n \r\n(3)  To enable the budget preparation by Cantonment Administrations, the Government shall,  \r\nsufficiently before the beginning of each financial year, notify the provisional shares, which may be  \r\ncredited to the Cantonment Fund. \r\n \r\n(4)  The final shares shall be notified by the Government after approval of the Provincial \r\nBudget. \r\n \r\n(5)  No demand for a grant shall be made from Cantonment Administration Budget except on \r\nthe recommendations of the Cantonment Administrator. \r\n \r\n(6)  The schedule of establishment shall be  prepared by the Cantonment Administration and \r\napproved by the Cantonment Board. \r\n \r\n(7)  Conditional grants shall be shown separately in the budget and shall be governed by \r\nconditions agreed therein. \r\n \r\n(8)  The proposed budgetary requirements of a Union Administration shall be provided to the  \r\nCantonment Administration by the Union Administration after approval of the Union Council. \r\n \r\n(9)  The Cantonment Administration shall accommodate the Unions requirements to the extent \r\npossible keeping in view the resources and the priorities. \r\n \r\n(10)  A Cantonment Administration shall re­appropriate budgetary provisions in accordance \r\nwith the re­appropriation powers delegated to it by the respective Board: \r\n \r\nProvided that at the end of a financial year a full statement of all re­appropriations made shall \r\nbe submitted to the Board. \r\n \r\n \r\n \r\nPage 94 of 122  \r\n237.  Approval of budget.— (1) Following the presentation of the Federal budget but, before \r\nthe commencement of the next financial year, each Cantonment Administration shall, present the budget \r\nfor approval by the respective Board before the beginning of such financial year: \r\n \r\nProvided that the charged expenditure may be discussed but shall not be voted upon by the  \r\nBoard. \r\n \r\n(2)  When a Cantonment Administration assumes office for the first time, it may within ten weeks, \r\npresent to the respective Board a budget for the remaining part of the financial year for approval. \r\n \r\n(3)  The budget of a  Cantonment Administration, on presentation  before the Board, may be \r\nreferred to the Finance and Accounts Committee of the Board for detailed scrutiny and \r\nrecommendation to the Board. \r\n \r\n(4)  The budget of a Cantonment Administration shall be approved by simple majority of the \r\ntotal membership of the respective Board. \r\n \r\n(5)  A budget shall not be approved if— \r\n \r\n(a) the sums required to meet estimated expenditures exceed the estimated receipts; \r\nand \r\n \r\n(b) the constraints specified in section 278 have not been complied with. \r\n \r\n(6)  No other business shall be taken up by a Board during the budget session. \r\n \r\n(7)  After approval by the Board, the respective Cantonment Administrator shall authenticate \r\nby his signature a Schedule specifying the— \r\n \r\n(a) grants made or deemed to have been made by the Board; and \r\n \r\n(b) the several sums required to meet the expenditure charged upon the Cantonment \r\n Fund. \r\n \r\n(8)  The Schedule so authenticated  shall be laid before the Board, but shall not be open to \r\ndiscussion or vote thereon. \r\n \r\n(9) The Schedule so authenticated shall be communicated to the respective Accounts Officer \r\nas specified in section 240 of this Ordinance and the Government \r\n \r\n(10)  In case a budget is not approved by a Board before the commencement of the financial \r\nyear to which it relates, the concerned Cantonment Administration shall spend money under various \r\nheads in accordance  with the budgetary provisions of the preceding financial year for a period not \r\nexceeding thirty days: \r\n \r\nProvided that a Cantonment Administration shall not  spend funds or make commitments for \r\nany expenditure, under any Demand for Grant or Appropriation, in excess of eight percent of the \r\namount budgeted in the preceding year within the thirty days period. \r\n \r\n(11)  In case the budget is not passed within the ext ended period as specified in sub­section \r\n(10) the budget shall be prepared, approved and authenticated by the Government for the full year . \r\n \r\n \r\n \r\nPage 95 of 122  \r\n(12)  The Government shall notify the period for which a revised budget for the year shall be  \r\nprepared by a Cantonment Administration and approved by its Board. \r\n \r\n238. Honoraria and allowances. Each Cantonment Administration shall make budgetary \r\nprovisions for honoraria and allowances for the Vice­President, and the elected members of the Board \r\nand the Union Councils. \r\n \r\n239. Form of accounts. The accounts of the receipts and expenditure of Cantonment \r\nAdministration shall be kept in such form and in accordance  with such principles and methods as the  \r\nController General of Accounts may, with the approval of the President prescribe. \r\n \r\n240.  Accounts Officer.— (1) The following arrangement for maintaining of accounts of \r\nthe Cantonment Administration shall be followed namely:— \r\n \r\n(a) the Cantonment Administrator shall designate an officer or official as \r\nCantonment Accounts Officer who shall maintain the accounts of Cantonment \r\nAdministration as prescribed; \r\n \r\n(b) the Cantonment Accounts Officer shall perform pre­audit of all payments from \r\nthe Cantonment Fund before approving the disbursements of monies as \r\nprescribed in accordance with the pre­audit checks prescribed by the \r\nCantonment Administration; \r\n \r\n(c) all cheques shall be signed by the Accounts Officer and the Cantonment \r\nAdministrative Officer for drawing monies from the Bank Account; \r\n \r\n(d) the Cantonment Administrative Officer shall be the principal accounting officer \r\nand shall be responsible to the Finance and Accounts Committee of the Board; \r\n \r\n(e)  the Cantonment Accounts Officer shall be responsible for the compilation of the \r\naccounts, which shall be reflected in the Provincial Accounts; and \r\n \r\n(f) the Cantonment Accounts officer shall submit the compiled accounts of the \r\nCantonment Administration and other reports to the District Accounts Officer \r\nas required by him. \r\n \r\nExplanation.—The expression “Cantonment Accounts Officer” for purposes of this Chapter \r\nincludes an Accountant in smaller cantonments. \r\n \r\n(2)  A statement of monthly and annual accounts and such other necessary statements shall \r\nbe placed at a conspicuous place for public inspection. \r\n \r\n(3)  The respective Finance and Accounts Committees of the Board shall hold public hearings \r\nin which— \r\n \r\n(a) objections to statement of accounts referred to in sub­section (3) above may \r\nbe heard and, if required, appropriate action may be taken; and \r\n \r\n(b) internal and external Audit Reports will be discussed for appropriate action. \r\n \r\n241.  Audit.— (1) The Auditor General of Pakistan shall, on the basis of such audit as he \r\nmay consider appropriate or necessary, certify the accounts, compiled and prepared by the respective \r\nAccounts Officer of the  Cantonment Administration for each  financial year, showing under  the \r\n \r\nPage 96 of 122  \r\nrespective heads the annual receipts and disbursements   for   the   purposes   of   each Cantonment \r\nAdministration and shall submit the certified accounts with such notes, comments or recommendations \r\nas he may consider necessary to the Government. \r\n \r\n(2)  The Cantonment Administrator shall cause the Audit Report to be submitted to the respective \r\nBoard and the Board shall refer it for examination to its Finance and Accounts Committee. \r\n \r\n(3)  The Auditor­General shall have authority to audit and report on the accounts of stores \r\nand stock kept in any office of a Cantonment Administration. \r\n \r\n(4)  The Auditor­General shall— \r\n \r\n(a) audit all expenditure from the Cantonment Fund to ascertain whether the \r\nmoneys shown in the accounts as having been disbursed were legally available for, \r\nand applicable to, the  service or purpose to which they have been applied or \r\ncharged and whether the expenditure conforms to the authority which governs \r\nit; \r\n(b) audit all transactions of a Cantonment Administration relating to Public \r\nAccounts; \r\n \r\n(c) audit a trading, manufacturing, profit an d loss accounts of a Cantonment \r\nAdministration; and \r\n \r\n(d) to audit all receipts which are payabl e into a Cantonment Fund and to satisfy \r\nhimself that all such receipts which are payable into a Cantonment Fund have \r\nbeen properly and correctly deposited and rules and procedures relating to such \r\nreceipts have been fully observed. \r\n \r\n(5)  The Auditor-General shall have the authority— \r\n \r\n(a) to inspect accounts and initial or subsidiary accounts, under the control of a \r\nCantonment Administration; \r\n \r\n(b) to require any accounts, books, papers and other documents which deal with, or \r\nform, the basis of or are otherwise relevant to the transactions to which his \r\nduties, in respect of audit extend; \r\n(c) to enquire or make such observations as he may consider necessary, and to call \r\nfor such information as he may require for the purpose of the audit; and \r\n \r\n(d) the officials shall afford all facilities and provide record for audit inspection and \r\ncomply with requests for information in as complete a form as possible and with \r\nall reasonable expedition. \r\n \r\n(6)  Upon request of a Cantonment Administrator, the Auditor­Gener al shall cause a special \r\naudit of that Cantonment Administration's accounts to be undertaken and shall forward his report to \r\nthe Cantonment Administrator who  shall cause  the same to be submitted to respective Board for \r\nnecessary action and to the Government. \r\n \r\n(7)  The Auditor­General shall have access to all the books and documents pertaining to the  \r\naccounts and may also examine any public servant or premises of the Cantonment Administration  \r\nconcerned. \r\n \r\n(8)  The Auditor­General shall perform functions and exercise power in relation to audit of the \r\naccounts of the companies, authorities, bodies or corporations owned or managed by a Cantonment  \r\nAdministration. \r\n \r\nPage 97 of 122  \r\n242.  Internal Audit.— (1) Cantonment Administrator shall appoint an Internal Auditor. \r\n \r\n(2)  The Internal Auditor shall serve as a principal support person to respective  Cantonment \r\nAdministrator by providing information  to him and members of the respective Board on the \r\nCantonment Administration performance. \r\n \r\n243.  Taxes to be levied.— (1) A Board may levy taxes, cesses, fees, rates, rents, tolls, charge, \r\nsurcharges and levies specified in the First Schedule: \r\n \r\nProvided that the Government shall vet the tax proposal prior to the approval by the concerned \r\nBoard: \r\nProvided further that the proposal shall be vetted within thirty days from the date of receipt of \r\nthe proposal failing which it would be deemed to have been vetted by the Government. \r\n \r\n(2)  No tax shall be levied by the Council without previous publication of the tax proposal and \r\nafter inviting and hearing public objections. \r\n \r\n(3)  A Board may, subject to the provisos under sub­section (1), increase any tax, reduce, \r\nsuspend, abolish or exempt a tax. \r\n \r\n(4)  Unless varied the existing rates in the areas within a Cantonment shall remain in force. \r\n \r\nPROPERTY TAX \r\n \r\n244.  Levy of property tax. There shall be charged, levied and paid property tax on the annual \r\nrental value of buildings and lands in a cantonment at such rate as the Board my with the prior approval \r\nof the Government, approve. \r\n \r\n245. Exemptions. The following buildings/lands shall be exempt from the property tax, \r\nnamely:— \r\n \r\n(a) places set apart  for public worship and either actually so used or used for no \r\nother purpose; \r\n \r\n(b) buildings used for educational purpose and public libraries, parks and  \r\nplay­grounds or other such public amenities which are open to the public and \r\nfrom which no income is derived ; \r\n \r\n(c) hospitals and dispensaries maintained wholly by charitable contributions; \r\n \r\n(d) burning and burial grounds, not being the property of the Go vernment or a \r\nBoard, which are controlled under the provisions of this Ordinance; \r\n \r\n(e) buildings or lands vested in Cantonment Administration; \r\n \r\n(f) any buildings or lands, used or acquired for the public service or for any public \r\npurpose, which are the property of the Government, or in the occupation of the \r\nFederal or any Provincial Government: \r\n \r\nProvided that if any such building or land is used for commercial purposes the \r\nsame shall not be exempted; and \r\n \r\n(g) one residential house, whether rented or self-occupied, in any one cantonment \r\nowned by a widow, a minor orphan or a disabled person, who is permanently, \r\nincapacitated to earn his/her livelihood. \r\n \r\nPage 98 of 122  \r\n246.  General power of exemption. The Government may, by notification in the official \r\nGazette, exempt, either wholly or in part, from the payment of any tax imposed under this Ordinance, \r\nany person or class of persons. \r\n \r\n247.  Exemption of poor persons. A Cantonment Administration may exempt, for a period \r\nnot exceeding one year at a time from the payment of  any tax or any portion of a tax imposed under \r\nthis Ordinance, any person who is in its opinion by reason of poverty unable to pay the same. \r\n \r\n248.  Incidence of taxation. — (1) Save as otherwise expressly provided in the notification \r\nimposing the tax, every tax assessed on the annual value of buildings or land or of both shall be leviable \r\nprimarily upon the actual occupier of the property upon which the said tax is assessed, if he is the  \r\nowner of the buildings or lands or holds them on a building or other lease granted by or on behalf of \r\nthe Government or the Cantonment Administration or on a building lease from any person. \r\n \r\n(2)  In any other case, the tax shall be primarily leviable as follows, namely;— \r\n \r\n(a) if the property is let, upon the lessor; \r\n \r\n(b) if the property is sub­let, upon the superior lessor; and \r\n \r\n(c) if the property is unlet, upon the person in whom the right to let the same vests. \r\n \r\n(3)  On failure to recovery any sum due on account of such tax from the person primarily liable, \r\nthese may be recovered from the occupier of any part of the buildings or lands in respect of which the \r\ntax is due, such portion of the sum due as bears to the whole amount due the same ratio which the rent \r\nannually payable by such occupier bears to the aggregate amount  of rent so payable in respect of  the \r\nwhole of the said buildings or lands, or to the aggregate amount of the letting value thereof, if any,  stated \r\nin the authenticated assessment list. \r\n \r\n(4)  An occupier who makes any payment for which he is not primarily liable under this section \r\nshall, in the absence of any contract to the contrary, be entitled to be reimbursed by the person primarily \r\nliable for the payment, and, if so entitled, may deduct the amount so paid from the amount of any rent \r\nfrom time to time becoming due from him to such person. \r\n \r\n249.  Determination annual rental value. For the purposes of property  tax, the expression \r\n“annual rental value” means— \r\n \r\n(a) in case of any building or land, the gross annual rent at which such building or \r\nland together with appurtenances (exclusive of any furniture or machinery) is \r\nactually let or  where the building or land is not let or in the opinion of the \r\nAssessing Authority is let for a sum less than its fair letting value for which such \r\nbuilding or land might reasonably be expected  to let from year to year, as \r\ndetermined by application of a uniform method  and/or criteria for various \r\ncategories or rating areas as prescribed; and \r\n \r\n(b) in the case of railway stations, hotels, colleges, schools, hospitals, factories and \r\nany other buildings which an Assessing Authority decides to assess under this \r\nclause, one­twentieth of the sum obtained by adding the estimated present cost \r\nof erecting the building to the estimated value of the land appertaining thereto: \r\n \r\nProvided that where the annual value of any building is by reason of exceptional circumstances \r\nin the opinion of the Cantonment Administration, excessive if calculated  in the aforesaid manner, the \r\nCantonment Administration may fix the annual value at any less amount which appears to it to be just \r\nand fair. \r\n \r\nPage 99 of 122  \r\n250.  Assessing Authority.— (1) There shall be an Assessing Authority for every cantonment \r\nfor the purposes of property tax. \r\n \r\n(2)  The Assessing Authority shall exercise such powers and perform such duti es as are \r\nconferred on it by this Ordinance or the rules made thereunder. \r\n \r\n251.  Preparation of assessment list. When property tax is imposed for the first time in any  \r\ncantonment the Cantonment Administration shall cause an assessment list of all building or lands in \r\nthe Cantonment, as the case may be, to be prepared in the form prescribed. \r\n \r\n252. Publication of assessment list. When the assessment list has been prepared, the \r\nCantonment Administration shall give public notice thereof, and of the place where the list or a copy thereof \r\nmay be inspected, and every person claiming to be the owner, lessee or occupier of any  property \r\nincluded in the list, and any authorized agent of such person, shall be at liberty to inspect the list and to \r\nmake extracts therefrom free of charge. \r\n \r\n253.  Revision of assessment list. — (1) The Cantonment Administration shall, at the same \r\ntime, give public notice of a date, not less than one month thereafter, when it will proceed to consider \r\nthe valuations and assessments entitled in the assessment list, in all cases in which any property is for \r\nthe first time, assessed or the assessment is increased. \r\n(2)  An objection to  a valuation or assessment shall be  made in writing to  the Cantonment \r\nAdministrator before the date fixed in the pub lic notice, and shall state in what respect the valuation  \r\nor assessment is disputed, and all objections so made shall be recorded in a register to be kept for the  \r\npurpose by the Cantonment Administration. \r\n \r\n(3)  The objections shall be inquired into and investigated, and the persons making them shall \r\nbe allowed an opportunity of being heard either in person or by authorized agent, by the Cantonment  \r\nAdministrator. \r\n \r\n254.  Authentication of assessment list .— (1) When all objections made under section 253 \r\nhave been disposed of, and the revision of the valuation and assessment has been completed, the \r\nassessment list shall be authenticated by the signature of the Cantonment Administrator who shall, at  \r\nthe same time, certify that all objections made, have been duly considered and the list has been  \r\namended so far as is required by the decisions on such objections. \r\n \r\n(2)  The assessment list so authenticated  shall be deposited in the  office of the  Cantonment \r\nAdministration, and shall there be open, free of charge, durin g office hours to all owners, lessees and  \r\noccupiers of property comprised therein or the authorized agents of such persons, and a public notice \r\nthat it is so open shall forthwith be published. \r\n \r\n255.  Evidentiary value of assessment list . Subject to such alterations as may thereafter be \r\nmade in the assessment list under the provisions of this Ordinance and to the result of any appeal made \r\nthereunder, the entries in the assessment list authenticated and deposited as provided in section 254 \r\nshall be accepted as conclusive evidence,— \r\n \r\n(a) for the purpose of assessing any tax imposed under this Ordinance, of the annual \r\nvalue or other  valuation of all buildings and lands to which such entries \r\nrespectively refer ; and \r\n \r\n(b) for the purposes of any tax imposed on buildings or lands, of the amount of \r\neach such tax livable thereon during the year to which such list relates. \r\n \r\n \r\n \r\nPage 100 of 122  \r\n256.  Amendment of assessment list.— (1) The Cantonment Administration may amend \r\nthe assessment list at any time during the current triennial period,— \r\n \r\n(a) by inserting or omitting the name of any person whose name ought to have \r\nbeen or ought to be inserted or omitted; \r\n \r\n(b) by inserting or omitting any property which ought to have been or ought to be \r\ninserted or omitted; \r\n \r\n(c) by altering the assessment on any property which has been erroneously valued \r\nor assessed through fraud, accident or mistake; \r\n \r\n(d) by revaluing or re­assessing any property the value of which has been increased; \r\nor \r\n \r\n(e) in the case of a tax  payable by an occupier, by changing the name of the \r\noccupier: \r\n \r\nProvided that no person shall by reason of any such amendment become liable to pay any  tax \r\nor increase of tax in respect of any period prior to the current triennial period for which the assessment \r\nis made. \r\n \r\n(2)  Before making any amendment under sub­section (1) the Cantonment Administration shall \r\ngive to any person, affected by the amendment, notice of not less than one month that it proposes to  \r\nmake the amendment. \r\n \r\n(3)  Any person interested in any such amendment may tender an objection to the Cantonment \r\nAdministration in writing before the time fixed in the notice, and shall be allowed an opportunity of  \r\nbeing heard in support of the same in person or by authorized agent. \r\n \r\n257.  Preparation of new assessment list. The Assessing Authority shall prepare a new \r\nassessment list at least once in every three years and for this purpose the provisions of sections 251 to 256 \r\nshall apply in like manner as they apply for the purpose of the preparation of an assessment list for the \r\nfirst time. Any list so prepared and finalized during the said three years shall be effective and valid for \r\nthe complete period of such three years. \r\n \r\n258.  Notice of transfers.— (1) Whenever the title of any person primarily liable for the \r\npayment of a tax  on the annual value of any building or land to or over such building or land is \r\ntransferred, the person whose title is transferred and the person to whom the same is transferred shall \r\nwithin three months after the execution of the instrument of transfer o r after its registration, if it is \r\nregistered, or after the transfer is effected, if no instrument is executed, give notice of such transfer to \r\nthe Cantonment Administrative Officer. \r\n \r\n(2)  In the event of the death of any person primarily liable as aforesaid, the person on whom \r\nthe title of the deceased devolves shall give notice of such devolution to the Cantonment \r\nAdministrative Officer within six months from the death of the deceased. \r\n \r\n(3)  The notice to be given under this section shall be in such form as the Cantonment \r\nAdministrative Officer may direct, and the transferee or other person on whom the title devolves shall, \r\nif so required, be bound to produced before the Cantonment Administrative Officer any documents \r\nevidencing the transfer or devolution. \r\n \r\n \r\n \r\nPage 101 of 122  \r\n(4)  Every person who makes a transfer as aforesaid without giving such notice to the Cantonment  \r\nAdministrative Officer shall continue to be liable for the payment of all taxes assessed on the property \r\ntransferred until he gives notice or until the transfer has been recorded in the registers of the  \r\nCantonment Administration, but nothing in this section shall be held to affect the liability of the  \r\ntransferee for payment of the said tax. \r\n \r\n(5)  The Cantonment Administrative Officer shall recor d every transfer or devolution of title  \r\nnotified to him under sub­section (1) or sub­section (2) in the assessment list and other tax registers of \r\nthe Cantonment Administration. \r\n \r\n259.  Notice of erection of buildings.— (1) If any building is erected or re­erected within a \r\ncantonment, the owner shall give notice thereof to the Cantonment Administrator within thirty days  \r\nfrom the date of its completion or occupation whichever is earlier. \r\n \r\n(2)  Any person failing to give the notice required by sub­section (1) shall be punishable with fine  \r\nwhich may extend to two thousand rupees or ten times the amount of the tax payable on the said  \r\nbuilding, as erected or re­erected, as the case may be, in respect of a period of three months, whichever \r\nis greater. \r\n260.  Demolition of buildings, etc. If any building is wholly or partly demolished or destroyed \r\nor is otherwise deprived of value, the Cantonment Administration may, on the application in writing \r\nof the owner or occupier, remit or refund such portion of any tax ass essed on the annual rental value  \r\nthereof as it thinks fit. \r\n \r\n261.  Remission of tax in certain cases. In a cantonment when any building or land has \r\nremained vacant and unproductive of rent for sixty or more consecutive days, the Cantonment \r\nAdministration shall remit or refund, as the case may be, such portion or any tax assessed on the annual \r\nvalue thereof  as may be proportionate to the number of days during which the said building or land \r\nhad remained vacant and unproductive of rent. \r\n \r\n262.  Power to require entry in assessment list of details of buildings. For the purpose of  \r\nobtaining a partial remission or refund of tax, the owner of a building composed of separate tenements \r\nmay request the Cantonment Administration, at the time of the assessment of the building, to enter in \r\nthe assessment list, in addition to the annual value of the whole building, a note recording in detail the \r\nannual value of each separate tenement. When any tenement, the annual value of which has been thus \r\nseparately recorded, has remained vacant and unproductive of rent for sixty or more consecutive days, \r\nsuch portion of any tax assessed on the annual value of the whole building shall be remitted or refunded as \r\nwould have been remitted or refunded if the tenement had been separately assessed. \r\n \r\n263.  Notice to be given of the circumstances in which remission or refund is claimed. No \r\nremission or refund under section 261, or section 262 shall be made unless notice in writing of the fact \r\nthat the building, land or tenement has become vacant and unproductive of rent has been given to the \r\nCantonment Administration and no remission or refund  shall take effect in respect of any period \r\ncommencing more than fifteen days before the delivery of such notice: \r\n \r\nProvided that where in case of fail ure of giving of such notice the Cantonment Administration is  \r\nsatisfied on the basis of other irrefutable evidence that the building, land or tenement remained vacant \r\nand unproductive of rent for a period of more than sixty days, it may grant the remission. \r\n \r\n264.  Notice to be given of every occupation of vacant building or house.— (1) The owner \r\nof any building, tenement or land in respect of which a remission or refund of tax has been given under \r\nsection 261 or section 262 shall give notice of the  reoccupation of such building, tenement or land  \r\nwithin fifteen days of such re­occupation. \r\n \r\n \r\nPage 102 of 122  \r\n(2)  Any owner failing to give the notice required by sub­section (1) shall be punishable with fine  \r\nwhich shall not be less than twice the amount of the tax payable on such building, tenement or land in  \r\nrespect of the period during which it has been re­occupied. \r\n \r\n265.  Appeals from orders.— (1) Any person aggrieved by an order of appropriate authority \r\nupon an objection made before that authority may prefer appeal against such order at any time before \r\nthe expiration of thirty days from the date of such order as may be prescribed: \r\n \r\nProvided that the appeal shall be maintainable only after the amount, if any, in dispute in the  \r\nappeal has been deposited by the appellant in the office of Cantonment Administration. \r\n \r\n266.  Revision. Where an appeal from an order made by the Cantonment Administrator has \r\nbeen disposed of, either party to the proceedings may, within thirty days of the date thereof, apply, to \r\nsuch Authority as the Government may appoint in this behalf for a revision of the decision. \r\n \r\n267.  Tax to be levied notwithstanding appeal. The tax shall be levied in accordance with the \r\nvaluation list in force for the time being, and shall be collected and be recoverable notwithstanding \r\nthe fact that an appeal is pending with respect to that list. \r\n \r\n268.  Recovery of tax from tenants.— (1) Where the tax due from any person on account of \r\nany building or land is in arrears, it shall be lawful for the Cantonment Administration to serve upon any  \r\nperson paying rent in respect of that building or land, or any part thereof, to the person from whom \r\nthe arrears are due, a notice stating the amount of such arrears of tax and requiring all future payments \r\nof rent (whether the same have already accrued due or not) by the person paying the rent to be made \r\ndirect to the Cantonment Administration until such arrears  shall have been duly paid, and such notice \r\nshall operate to transfer to the Cantonment Administration the right to recover, receive  and give a \r\ndischarge for such rent.  If the person paying rent willfully fails or neglects to  comply with the notice \r\naforementioned, the Cantonment Administration may, after giving him an opportunity of being heard \r\nproceed against him as it would have proceeded under the provisions of this Ordinance against \r\nthe owner of the building or land in respect of which the tax is in arrears. \r\n \r\n269.  Penalty for default in payment.— (1) Where a person fails to pay the property tax within \r\ndue date of the demand, he shall, in addition to the amount of the tax, be liable to pay a surcharge, not \r\nexceeding one per cent of the tax due, as may be prescribed, within a period of thirty days from the  \r\nprescribed date. \r\n \r\n(2)  Where the tax and the surcharge are not paid as provided in sub­section (1) the Cantonment \r\nAdministration may, after giving the defaulter an opportunity of being heard, impose upon him a  \r\npenalty not exceeding the amount of the tax. \r\n \r\n270.  Recovery of unpaid dues.— (1) If any sum due on account of any tax, rate, fee or charge \r\nlevied under this Ordinance or as a penalty imposed under this Ordinance is not paid within the time  \r\nallowed for its payment and the person from whom it is due does not show cause to the satisfaction of \r\nthe Cantonment Admi nistration or any other person authorized by them why he should not pay the  \r\nsame, such sum (inclusive of all costs of recovery) may be recovered under a warrant in the prescribed \r\nform or in a form to the like effect to be signed by the Cantonment Administrative Officer— \r\n \r\n(a) by distress or sale of the moveable property belonging to such person; or \r\n \r\n(b) by attachment and sale of the immoveable property belonging to him. \r\n \r\n(2)  The warrant may be addressed to an officer of the Cantonment Administration for \r\nexecution, and in executing it he may obtain such assistance from other servants of the Cantonment \r\nAdministration, as he may consider necessary. \r\n \r\nPage 103 of 122  \r\n(3)  Notwithstanding anything contained in sub­section (1), any sum on account of any dues \r\nlevied or penalty imposed under this Ordinance remaining unrecovered shall be recoverable as arrears \r\nof land revenue. \r\n \r\n(4)  Notwithstanding anything contained in any law and notwithstanding any rights arising out \r\nof any contract or otherwise whatsoever, any sum due on account of the tax, rate, fee or charge levied \r\nunder this Ordinance or as a penalty imposed thereunder in respect of any building or land, shall,  \r\nsubject to the prior payment of the land revenue, if any, due to a Provincial Government thereon, be a \r\nfirst charge upon such building or land and upon the movable property, if any, found within or upon  \r\nsuch building or land and belonging to the person liable for such tax or penalty. \r\n \r\n271.  Powers of Assessing Authority to require returns for assess ment list. — (1) The \r\nAssessing Authority may, by written notice, call upon any inhabitant of the cantonment to furnish such \r\ninformation as may be necessary for the purpose of ascertaining,— \r\n \r\n(a) whether such inhabitant is liable to pay any tax imposed under this Ordinance; \r\n \r\n(b) at what amount he should be assessed; or \r\n \r\n(c) the annul value of the building or land which he occupies and the name and \r\naddress of the owner or lessee thereof. \r\n(2)  If any person, when called upon under sub­section (1) to furnish information neglects to \r\nfurnish it or furnishes information which is not true to the best of his knowledge or belief, he shall be  \r\npunishable with fine which may extend to five thousand rupees. \r\n \r\n272.  Valuation list not to be rendered invalid by certain failure or omission. Any failure \r\non the part of the Assessing Authority to complete any proceedings with respect to the preparation of an  \r\nassessment list within the time required by this Ordinance or the rules made thereunder, or the omission \r\nfrom an assessment list of any matters required by the rules to be included therein shall not, of itself, \r\nrender the list invalid. \r\n \r\n273.  Bar of jurisdiction. Notwithstanding anything in any law for the time being in force no \r\nCourt shall have jurisdiction in any matter which the Cantonment Administrator or an Assessing  \r\nAuthority or any officer or servant is empowered by this Ordinance or the rules made thereunder to  \r\ndispose of, or take cognizance of the manner in whic h the Government, or any Assessing Authority,  \r\nofficer or servant exercise any powers vested in it or him by or under this Ordinance or the rules made \r\nthereunder. \r\n \r\n274.  Award for collection of property tax. The Cantonment Administration may as an \r\nincentive and award fix any percentage upto a maximum of 2.5% of the total recovery in a financial year \r\nto be dispersed to the officers and officials responsible for such tax collection. \r\n \r\n275.  Collection of taxes.—   \r\n  \r\n(1) All taxes, levied under this Ordinance shall be levied and collected as prescribed. \r\n \r\n(2)  Failure to pay any tax and other money claimable under this Ordinance shall be an offence \r\nand the arrears shall be recovered as arrears of land revenue, by the Cantonment Administrative Officer \r\nwho shall exercise the powers of Collector under Land Revenue Act 1967 (W.P. XVII of 1967). \r\n \r\n276.  Bottom up planning.— (1) Before the beginning of the financial year the respective \r\nCantonment Administration shall lay down and announce the classification of developm ent schemes \r\nto be undertaken by Citizen Community Boards under the provisions of this section. \r\n \r\nPage 104 of 122  \r\n(2)  A Cantonment Administration may grant to the Citizen Community Boards within its local \r\narea, up to eighty percent of an approved development scheme in the prescribed manner: \r\n \r\nProvided that a scheme shall be deemed to be an approved scheme if— \r\n \r\n(a) the official procedure for estimating the cost of the scheme has been followed; \r\n \r\n(b) the Citizen Community Board has deposited its share of the cost of the \r\ndevelopment scheme with concerned Cantonment Administration; and \r\n \r\n(c) the complete estimates and the proof of deposit of the Citizen Community \r\nBoard's contribution are attached. \r\n \r\n(3)  The grant referred to in sub­section (2) shall be spent from the reserved twenty-five percent \r\nof the annual development budget for new schemes as provided in proviso to sub­section (4) of section \r\n234 and any amount, which remains unspent, shall be credited under the same head in following year's \r\nbudget in addition to the fresh allocation for that year. \r\n \r\n(4)  A cut off date for submission of all schemes proposed by the Citizen Community Boards \r\nshall be announced by the Cantonment Administration concerned before the presentation of its budget. \r\n \r\n(5) The respective Cantonment Administration shall authorize an Officer to draw up a \r\nstatement specifying the schemes submitted by the cut off date specified to sub­section (4) above by \r\nclassification including the total amount of contributions for a particular classification of schemes. \r\n \r\n(6)  A second statement shall determine contributions for a particular classification of schemes \r\nas a ratio of the total contributions for all schemes submitted with a particular Cantonment \r\nAdministration for that year and the s tatement shall be used to determine amounts of allocations for a  \r\nclassification of schemes from the budget reserved for the purpose. \r\n \r\n(7)  A third statement shall be drawn up which shall identify the number of schemes submitted \r\nin a particular classification, beginning with the scheme containing the highest contribution by the Citizen \r\nCommunity Board in a classification until all the schemes in the classification are selected or the funds \r\nallocated for the particular classification in the amount determined in sub­section (6) are exhausted. \r\n \r\n(8)  The twenty-five percent funds for Citizen Community Boards under sub­section (4) of \r\nsection 234 shall be communicated to the authorized Officer under sub­section (5) by the Cantonment \r\nOfficer (Finance). \r\n \r\n(9)  The identified schemes shall be included in the budget before submission to the concerned \r\nBoard. \r\n \r\n(10)  The statement referred to in sub­section (7) above shall be approved by a simple majority \r\nof, the members in the budget session of the respective Board. \r\n \r\n(11)  The schemes approved by the respective Boards shall be carried out as prescribed. \r\n \r\n(12) Subject to sub­section (10), the Accounts Officer of the respective Cantonment \r\nAdministration shall release funds in the  prescribed manner in accordance  with the  schedule of  \r\nexpenditure. \r\n \r\n277.  Cantonment Administration not to incur debt.— (1) No Cantonment Administration \r\nshall incur debt. \r\n \r\nPage 105 of 122  \r\n(2) No monies of the Cantonment Administration shall be invested in securities other than \r\nthose floated or approved by the Government. \r\n \r\n278. Delegation of powers. The Cantonment Board shall determine the financial powers \r\nof the officials of the Cantonment Administration. \r\n__________ \r\n \r\nCHAPTER XXII \r\n \r\nMISCELLANEOUS \r\n \r\n279.  Social welfare and community development. The local government in a cantonment \r\nmay— \r\n \r\n(a) establish, manage and maintain welfare homes, asylums, orphanages, widow \r\nhomes and other institutions for the relief of the distressed; \r\n \r\n(b) provide for the burial or cremation of unidentified dead bodies within its local \r\narea at its own expense; \r\n \r\n(c) promote Islamic values in the society; \r\n \r\n(d) organise social service volunteers; \r\n \r\n(e) develop small scale cottage industries; \r\n \r\n(f) adopt such measures as may be specified by Government for the prevention of \r\nbeggary, prostitution, gambling, taking of  injurious drugs and consumption of \r\nliquor, juvenile delinquency and other social evils; \r\n \r\n(g) adopt such measures as may be prescribed for the promotion of the welfare of \r\nbackward classes, families of the persons serving in the armed forces; and \r\n \r\n(h) provide housing accommodation to any class of inhabitants including local \r\ngovernment servants. \r\n \r\n280.  Culture. The local government in cantonment may— \r\n \r\n(a) establish and maintain information centres for the furtherance of civic education \r\nand dissemination of information on such matters as community development \r\nand other matters of public interest; \r\n \r\n(b) provide and maintain public halls and community centres; \r\n \r\n(c) celebrate national occasions; \r\n \r\n(d) encourage national and regional languages; \r\n \r\n(e) promote physical culture and encourage public games an sports; and organize \r\nrallies and tournaments; and \r\n \r\n(f) provide, promote or subsidise facilities for the recreation of the public. \r\n \r\n \r\nPage 106 of 122  \r\n281.  Libraries. The local government in a cantonment may establish and maintain such \r\nlibraries, reading rooms and circulation libraries as may be necessary for the use of the public. \r\n \r\n282.  Fairs and shows. The local government in a cantonment may make such arrangements \r\non the occasion of any fairs, shows or public festivals within its local area as may be necessary for the \r\npublic health, public safety and public convenience, and may levy fees on the persons attending such  \r\nfairs, shows and festivals. \r\n \r\n283.  Complaint Cell. Every Cantonment Administration and Union Administration shall set \r\nup a Complaint Cell for  redressed of grievances within the  ambit of their responsibilities under this \r\nOrdinance. \r\n \r\n284.  Servants of local governments in Cantonments.— (1) A local government being a body \r\ncorporate may, employ such servants locally as are deemed necessary for the efficient performance of \r\nits functions under this Ordinance as prescribed or may discharge them in the prescribed manner. \r\n \r\n(2)  The Government may also, by rules prescribe the conditions of service of servants of the \r\nlocal governments including their employment, qualifications for various posts, schedule of \r\nestablishment, control, supervision, conduct, suspension, removal, dismissal, punishment, amount and \r\nnature of security and grant of leave. \r\n \r\n(3)  The Government may also make rules requiring a local government to— \r\n \r\n(a) establish and maintain a pension fund for payment to its servants after \r\nretirement; \r\n \r\n(b) grant special pension or gratuity to the family of the servant who dies of disease \r\nor injury contracted or suffered in the discharge of his official duties; \r\n \r\n(c) establish and maintain a Provident Fund and such other funds as considered \r\nnecessary, for its servants in the same manner as is established and maintained \r\nfor Government servants;  and \r\n \r\n(d) operate scheme of group insurance of its servants, and require the servants to \r\nsubscribe to it. \r\n \r\n(4)  Cantonment servants may be appointed as Cantonment Officers on terms and conditions \r\nas prescribed by the rules. \r\n \r\n285.  Training. The Vice­Presidents, Nazims, Naib Nazims and members of the Union \r\nCouncils and Boards shall attend training courses for such periods and in such manner and at such \r\nplaces as may be prescribed by the Government from time to time: \r\n \r\nProvided that the Government may also arrange training courses  for the officers and \r\nemployees of local governments. \r\n \r\n286.  Appeals. Any person aggrieved by any order passed by a local government or its \r\nfunctionaries, in pursuance of this Ordinance or the rules or bye­laws made thereunder may prefer \r\nappeal to such authority, in such manner and within such period as may be  prescribed. \r\n \r\n287.  Power to make rules.— (1) The Government may, by notification in the official Gazette, \r\nmake rules for carrying out the purposes of this Ordinance. \r\n \r\n \r\nPage 107 of 122  \r\n(2)  In particular and without prejudice to the generality of the fore­going power, such rules \r\nmay provide for all or any of the matters specified in the Fourth Schedule. \r\n \r\n(3)  The rules made under sub­section (1) shall be subject to previous publication in the official \r\nGazette and shall meet the following considerations:— \r\n \r\n(a) consistency with democratic decentralization and subsidiarity; \r\n \r\n(b) enhancement of welfare of the people; \r\n \r\n(c) fairness and clarity; and \r\n \r\n(d) natural justice and due process of law. \r\n \r\n \r\n288.  Power to make bye-laws.— (1) A Union Council or  the Board may in their ambit of \r\nresponsibilities make bye­laws to carry out the purpose of this Ordinance. \r\n \r\n(2)  In particular and without prejudice to the generality of the foregoing power, such bye­laws \r\nmay provide for all or any of the matters specified in the Fifth Schedule. \r\n \r\n(3)  Power to make bye­laws shall be subject to previous publication locally. In case of Union \r\nCouncils, their bye­laws shall also be subject to approval of the Board. A copy of the b ye­laws shall \r\nbe forwarded by the Union Council and the Board to the Government and the Government shall have the \r\npower to order any change therein which appears to it to be necessary. \r\n \r\n289.  Members and servants deemed to be public servants. All Vice Presidents, Nazims, \r\nNaib Nazims, members of the Union Councils and Boards, functionaries of the local government and every \r\nother person duly authorised to act on behalf of the local governments shall be deemed to be public  \r\nservants within the meaning of section 21 of the Pakistan Penal Code 1860 (Act XLV of 1860). \r\n \r\n290.  Action taken in good faith. No suit, prosecution, or other legal proceedings shall lie \r\nagainst any public servant serving in cantonment Administration, Cantonment Board or local \r\ngovernments for anything done in good faith under this Ordinance. \r\n \r\n291.  General powers of local government . Notwithstanding any specific provisions, every \r\nlocal government shall perform functions conferred by or under this Ordinance and in performance of \r\nsuch function shall exercise such powers which are necessary and appropriate of thereto. \r\n \r\n292.  Delegation of powers.— (1) The Government may, by notification in the official Gazette, \r\ndelegate all or any of its powers under this Ordinance or the rules made thereunder to any officer \r\nsubordinate to it, subject to such conditions or limitations as may be specified in the notification. \r\n \r\n(2)  The Competent Authority may, by notification in the official Gazette, delegate all or any \r\nof its powers under this Ordinance or the rules made thereunder to any officer subordinate to it, subject \r\nto such conditions or limitations as may be specified in the notification. \r\n \r\n293. Validity of notices and other documents. No notice, order, requisition, licence, \r\npermission in writing or other such documents issued under this Ordinance shall be invalid merely by \r\nreason of any defect of form. \r\n  \r\n \r\n294.  Cantonment Administration, etc., deemed to municipalities . For the  purpose of the \r\nGovernment Buildings Act, 1899 (IV of 1899), Cantonments and Cantonment Administrations shall  \r\n \r\nPage 108 of 122  \r\nbe deemed to be municipalities and municipal authorities respectively. \r\n \r\n295.  Management of lands in  bazaar areas. Lands in bazaar areas established under the \r\nCantonment Act, 1924 ( II of 1924) and rules made thereunder shall be managed by the Cantonment  \r\nAdministration. \r\n \r\n296.  Resolution of disputes.— (1) A matter of disputes between the local governments within \r\nthe cantonment areas shall be resolved by the Competent Authority whose decision shall be final. \r\n \r\n(2)  Disputes between local governments in a cantonment and those outside shall be  resolved \r\nby the Federal Government or an Officer appointed by the Federal Government and decision thereon \r\nin this behalf shall be final. \r\n \r\n297.  Action in case of non-compliance. In the event of non­compliance with the terms of any \r\nnotice, order or requisi tion issued to any person under this Ordinance, or any rule or bye­law made  \r\nthereunder, requiring such person to execute to any work or to do any act, it shall be lawful for the  \r\nCantonment Administration, whether or not the person in default is liable to p unishment for such  \r\ndefault or has been prosecuted or sentenced to any punishment therefore, after giving notice in writing \r\nto such person to take such action or such steps as may be  necessary for the completion of the act or \r\nwork required to be done or executed by him, and all the expenses incurred on such account  shall be \r\nreceivable by the Cantonment Administration as arrears of tax. \r\n \r\n298.  Notice to be given of suits.— (1) No suit shall be institute against any Board or against \r\nany member of a Board, or against any officer or servant of a Cantonment Administration, in respect \r\nof any act done, or purporting to have been done, in pursuance of this Ordinance or of any rule or bye­ \r\nlaw made thereunder, until the expiration of two months after notice in wri ting has been left at the  \r\noffice of the Cantonment Administration, and, in the case of such member, officer or servant, unless  \r\nnotice in writing has also been delivered to him or left at his office or place of abode, and unless such notice \r\nstates explicitly the cause of action, the nature of the relief sought, the amount of compensation \r\nclaimed, and the name and place of abode of the intending plaintiff, and unless the  plaint contains a \r\nstatement that such notice has been so delivered or left. \r\n \r\n(2)  If the Board, member, officer or servant of the Cantonment Administration has, before the \r\nsuit is instituted, tendered sufficient amends to the plaintiffs, the plaintiff shall not recover any sum in \r\nexcess of the amount so tendered, and shall also pay all costs i ncurred by the defendant after such  \r\ntender. \r\n \r\n(3)  No suit, such as referred to in sub­section (1), shall, unless it is an action for the recovery \r\nof immovable property or for a declaration of title thereto, be instituted after the expiry of six months \r\nfrom the date on which the cause of action arises. \r\n \r\n(4)  Nothing in sub­section (1) shall be deemed to apply to a suit in which the only relief claimed \r\nis an injunction of which the object would be defeated by the giving of the notice or the postponement \r\nof the institution of the suit or proceeding. \r\n \r\n299.  Repeals and savings. On commencement of this Ordinance, the following laws shall \r\nstand  repealed:— \r\n \r\n(a)   the Cantonments Act 1924 (II of 1924) and the Cantonment Local Government \r\n(Elections) Ordinance 2002 (Ordinance No. LXXIX (79) of 2002); \r\n \r\n(b) all Cantonment Boards constituted under the Cantonments Act 1924 (II of 1924) \r\nshall stand dissolved on constitution of local governments in cantonments under \r\n \r\nPage 109 of 122  \r\nthis Ordinance; \r\n \r\n \r\n(c) save as otherwise specifically provided, nothing in the Ordinance, or any repeal \r\neffected thereby, shall affect or be deemed to affect anything done, action taken, \r\ninvestigation or proceedings commenced, order, rule, regulation, appointment, \r\nconveyance, mortgage, deed, document or agreement made, tax levied, \r\nresolution passed, direction given, proceedings taken or instrument executed or \r\nissued, under or in pursuance of any law repealed or amended by this Ordinance \r\nand any such thing, action, investigation, proceedings, order, rule, regulation, \r\nappointment, conveyance, mortgage, deed, document, agreement, tax, \r\nresolution, direction, proceedings or instrument shall, if in  force at the \r\ncommencement of this Ordinance  and not inconsistent with any  of the \r\nprovisions of this Ordinance, continue to be in force, and have effect as if it \r\nwere respectively done, taken, commenced, mad e, directed, passed, given, \r\nexecuted or issued  under this Ordinance or the law, as amended by this \r\nOrdinance; \r\n \r\n(d) notwithstanding the repeal of Cantonment Local Government (Elections) \r\nOrdinance 2002  Ordinance No. LXXIX (79) of 2002), all Vice­Presidents, \r\nNazims and Naib Nazims and members of local governments elected under the \r\nsaid Ordinance shall be deemed to have been elected under this Ordinance, and \r\nshall continue to hold their respective offices till the completion of their terms, \r\nunless earlier removed, resigned or recalled under this Ordinance; and \r\n(e) unless repealed or amended, the Cantonments Local Government Elections \r\nRules 2002, shall be deemed to be the election rules made under this Ordinance. \r\n \r\n300.  Removal of difficulties. The Government may, by order provide for the removal of \r\nany difficulty which may arise in giving effect to the provisions of this Ordinance. \r\n___________ \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\nPage 110 of 122  \r\n \r\n \r\nTHE FIRST SCHEDULE \r\n \r\n(See section 243) \r\n \r\nTAXES, TOLLS, DUTIES, RATES, CHAGES AND FEES \r\n \r\n   Cantonment Board \r\n \r\n1. Tax on transfer of immoveable property. \r\n \r\n2.  Tax on professions, trades and callings. \r\n \r\n3.  Tax on annual value of buildings and lands. \r\n \r\n4.  Sewerage tax if the private drains are connected with public sewerage system. \r\n \r\n5. Entertainment duties on cinemas, dramatical and theatrical shows and tickets thereof \r\nand other entertainment. \r\n \r\n6.  Toll on roads, bridges, and ferries within the limits of a cantonment. \r\n \r\n7. Fee on advertisements, other than on radio and television, displayed anywhere in a \r\ncantonment. \r\n \r\n8.   Fee for sanction of building plans and erection and re­erection of buildings. \r\n \r\n9.   Fee for parking of vehicles on site provide by the Cantonment Administration. \r\n \r\n10.    Fee for fairs, agricultural shows, cattle fairs, industrial exhibitions, tournaments and \r\nother public events. \r\n11.    Fee for licences and permits and penalties or fines for violation of the licensing rules \r\nor bye­laws. \r\n \r\n12.    Fee for certification of births, marriages and deaths. \r\n \r\n13.    Fee on sale of animals in cattle markets. \r\n \r\n14.    Market fees. \r\n \r\n15.    Charges for development of undeveloped area. \r\n \r\n16.    Conservancy charges. \r\n \r\n17.   Charges for execution and maintenance of works of public utility like lighting of \r\npublic places and drainage and supply of water. \r\n \r\n18.   Collection charges for recovery of any tax on behalf of the Government, Provincial \r\ngovernment, District government, or any statutory authority as prescribed. \r\n___________ \r\n \r\n \r\n \r\n \r\n \r\n \r\nPage 111 of 122  \r\n \r\n \r\nTHE SECOND SCHEDULE \r\n \r\n(See section 109) \r\n \r\nDANGEROUS AND OFFENSIVE ARTICLES AND TRADES \r\n \r\n1.  The business of storing and selling timber, firewood, coal, charcoal and coke, hay, \r\nstraw, grass and bamboo, jute, shrub, hemp, munj and their products, matches, \r\nexplosives, petrol, oil and lubricants, paper, ghee and other dangerously inflammable \r\nmaterials. \r\n \r\n2.   Sugar refining and sugar refineries. \r\n \r\n3.   Preparation of aerated water. \r\n \r\n4.   Operating or running bake houses. \r\n \r\n5.   Electroplating. \r\n \r\n6.   Welding. \r\n \r\n7.  Storing packing, pressing, cleaning, preparing or manufacturing by any process \r\nwhatever, blasting powder, ammunition, fireworks, gun­powder, sulphur, mercury, \r\ngases, gum, cotton, saltpetre, nitrocompounds, nitromixture, phosphorous, dynamite. \r\n \r\n8.  Cleaning, dying, preparing or manufacturing by any process whatever, cloth or yarn in \r\nindigo and other colours. \r\n \r\n9.  Storing, processing, cleaning, crushing, melting, preparing or manufacturing by any \r\nprocess whatever or dealing in bones, tallow, offal, fatblood, soap, raw hides and \r\nskins, candles, manure, catgut and oil cloth. \r\n \r\n10.  Manufacturing oils. \r\n \r\n11.  Washing or dying wool or hair. \r\n \r\n12.   Making or manufacturing bricks, surkhi, tiles or earthenware pots, clay pipes or other \r\nearthenware by any process of baking or burning. \r\n \r\n13.  Burning or grinding of limestone or metal stone or storing of lime for sale. \r\n \r\n14.  Cleaning or grinding of grain or chillies by any kind or class of machinery. \r\n \r\n15.  Keeping animals likely to create nuisances. \r\n \r\n16.  Fellmongering \r\n \r\n17.   Casting of heavy metals such as iron lead, copper, and brass, \r\n \r\n18.   Dealing in chemicals, liquid or otherwise. \r\n \r\n19.   Wholesale storing, cleaning, pounding and selling of tobacco, except the storing of \r\ntobacco required for the preparation of biddies, cigars or cigarettes\r\n  \r\n \r\nPage 112 of 122  \r\n20.   Operating or running of tin factories. \r\n \r\n21.   Manufacture of safes trunks and boxes. \r\n \r\n22.   Marble cutting and polishing. \r\n \r\n23.   Glass levelling and polishing. \r\n \r\n24.   Manufacture of cement and fume pipes. \r\n \r\n25.   Storing, packing, pressing, cleaning, preparing or manufacturing by any process \r\nwhatever, rags, pitch, tar, turpentine dammar, coconut, fibre, flax, hemp, rosin or spirit. \r\n \r\n26.   Tanning, pressing or packing hide or skins raw or dry. \r\n \r\n27.   Trade or operation of ferries. \r\n \r\n28.   Working of power­looms, rice husking plants, steam whistle, steam trumpet or electric \r\nor hand operated sirens beyond hours fixed for their operation by a local government. \r\n \r\n29.   Discharging firearms and letting of fire­works, fire balloons or detonators or any game \r\ndangerous to life, dwelling and other property. \r\n \r\n30.   Any other article or trade declared by the Government or the concerned local \r\ngovernment to be dangerous to life, health, or property or likely to cause nuisance, \r\neither from its nature or by reason of the manner in which or the conditions under \r\nwhich the same may be processed or carried on.  \r\n \r\n_____________ \r\n \r\nTHE THIRD SCHEDULE \r\n \r\n(See section 215) \r\n \r\nOFFENCES, PENALTIES AND LEGAL PROCEEDINS PART I \r\n1.   Immoveable encroachment in or on or under any property or any open spaces or land \r\nvested in, managed, maintained or controlled by a local government. \r\n \r\n2. Without licence from relevant authority manufacturing, storing, trading or carrying fire \r\ncrackers, fire balloons or detonators or any dangerous chemical inflammable, \r\nhazardous or offensive article or material. \r\n \r\n3.  Discharging any dangerous chemical, inflammable, hazardous or offensive article in \r\nany drain, or public water course or public land in such manner as causes or is likely to \r\ncause danger to person passing by or living or working in neighbourhood, or risk or \r\ninjury to property. \r\n \r\n4.  Overcharging or illegal charging of any tax, fee, fine, charge or rate by an employee of \r\na local government or a contractor or his staff without the authority of a local \r\ngovernment. \r\n \r\n5.  Preparing or using counterfeit or prescribed forms of the local government for \r\nrecovery of taxes. \r\n \r\n6.  Erection or re­erection of building over set back area or parking area or building line area \r\n \r\nPage 113 of 122  \r\nrequired to be left open under the bye­laws for using such space for any purpose which \r\nis not approved. \r\n7.  Changing or converting into any other use any portion of commercial building or area \r\nspecified or earmarked for public parking. \r\n \r\n8.  Failure to demolish or otherwise secure a building declared by the local government to \r\nbe dangerous building. \r\n \r\n9.  Failure of industrial or commercial concerns to provide adequate  and safe disposal of  \r\neffluent or prevention of their mixing up with the water supply or sewerage system. \r\n \r\n10.  Establishing any parking stand on any property or on any open space and public park or \r\nland vested in or managed, maintained or controlled by a local government on or under \r\na street, road, graveyard or a drain without the sanction of the relevant local government. \r\n \r\n11.  Supplying or marketing drinking water for human consumption in any form, from any \r\nsource which is contaminated or suspected to be dangerous to public health, or its use \r\nhas been prohibited by a local government on the ground of being unsafe for human \r\nconsumption, or whose quality or suitability for human consumption has not been \r\nascertained and certified by a laboratory authorized by the Government. \r\n12.  Cultivation of agriculture produce or crop, for supply or sale to public using such \r\nmanure, or irrigating it with sewer or any such liquid as may be injurious to public \r\nhealth or offensive to the neighbourhood. \r\n \r\n13.  Quarrying, blasting, cutting timber or carrying building operations to such manner as \r\ncause or likely to cause danger to person passing by or living or working in the \r\nneighbourhood. \r\n14.  Erection or re­erection of building without the sanction required under this Ordinance \r\nor using a building for a purpose which may endanger the security of people. \r\n \r\n15.  Dying or tanning skins, within such distance of any commercial or residential area as \r\nmay be specified by the local government. \r\n \r\n16.  Violation of the prohibition provided in the Master Plan, the sanctioned Site \r\nDevelopment S c h e m e s under this Ordinance, or any other law for the time being in force \r\nincluding the plans and schemes sanctioned under the repealed enactments. \r\n \r\n17.  Adulteration of any eatable or drinkable or consumable item sold or supplied to the \r\npublic. \r\n \r\n18.  Neglect in safe storage of eatable, drinkable or other consumable items sold or \r\nsupplied to the public. \r\n \r\n19.  Manufacturing, trading, storing or supplying any eatable or drinkable items and other \r\nitems unsafe for human consumption or public health. \r\n \r\n20.  Contravention of the prohibition or attempt or abetment of any of the offences in this \r\npart. \r\n \r\nPART II \r\n \r\n21. Willfully obstructing any officer or servant of the local government or any person \r\n \r\nPage 114 of 122  \r\nauthorised the exercise of power conferred under this Ordinance. \r\n \r\n22.  Establish any cattle market or bakar mandi without permission of the local government. \r\n \r\n23.  Failure to deliver back possession of property, to the local government on cancellation \r\nor expiry of lease. \r\n \r\n24.  Establish any bus, wagon, taxi or other commercial motorized or non­motorized \r\nvehicle stand for the purpose of plying them on different routes on any road, street, \r\nfootpath, public place or any other property vested or managed or controlled or \r\nmaintained by a local government without its permission. \r\n \r\n25. Establishing or running any restaurant or vending stalls for eatables on any road, \r\nstreet, footpath, public place, over a drain, or any other property vesting in or managed \r\nor controlled or maintained by a local government without its permission. \r\n26.   Fixing of wooden khokhas, plying of handcarts for the sale of goods and temporary \r\nshops or extension thereof on footpaths or beyond the street line. \r\n \r\n27.   Establishing a brick kiln and lime kiln within such distance of a residential area as may be \r\nspecified by the local government. \r\n \r\n28.   Failure by the owner or occupier of any land to clear away and remove any vegetation \r\ndeclared by a local government to be injurious to health or offensive to neighbourhood. \r\n \r\n29.   Failure to comply with notice to abate overcrowding or to make alteration in a building. \r\n \r\n30.  Slaughtering of animals for the sale of meat at the place other than the place set apart \r\nfor the purpose. \r\n \r\n31.  Cutting down of any trees, or cutting of a branch of any tree, or erection or demolition \r\nof any building or part of a building where such action is declared under this \r\nOrdinance to be a cause of danger or annoyance to the public. \r\n \r\n32.  Stocking or collecting timber, wood, dry grass, straw or other inflammable materials \r\nor fuels, adjacent to commercial buildings or residential houses. \r\n \r\n33.  Without the permission of local government causing or knowingly or negligently \r\nallowing the contents of any sink, sewer or cesspool or any other offensive matter to \r\nflow, or drain to be put upon any street or public place, or into irrigation channel or \r\nany sewer or drain not set apart for the purpose. \r\n \r\n34.  Doing an act without licence or permission when the doing of such act requires a \r\nlicence or permission under any of the provisions of the Ordinance or the rules or \r\nbye­laws. \r\n \r\n35.  Manufacturing, keeping, storing or selling wire thread or any other material meant for kite \r\nflying or in the manner causing danger to human life or the electric installations or \r\ndisruption in electric supply. \r\n \r\n36.  Keeping or maintaining any cattle in any part of the prohibited zone or failure to \r\nremove the cattle from the prohibited zone within the specified time when an order to \r\nthis effect has been made. \r\n \r\nPage 115 of 122  \r\n \r\n37.  Keeping ferocious dogs or other animals in residential areas or taking such animals to \r\npublic places without leash, or contravening requirements of section 119 in respect of \r\ndogs and other animals. \r\n \r\n38.   Obstructing or tampering with any road, street, drain or pavement. \r\n \r\n39.  Obstructing or tampering with any main pipe, meter or any apparatus or appliances for \r\nsupply of water or sewerage system. \r\n \r\n40. Evasion of payment of tax or other impost lawfully levied by a local government. \r\n \r\n41. Preparation or sale of articles of food or drink by a person apparently suffering from \r\nany  infectious or contagious disease that may endanger the health of people. \r\n \r\n42.  Contravention of the prohibition or attempt or abetment of any of the offences in \r\nthis part. \r\nPART III \r\n \r\n43.  Laying out a drain or altering any drain in a street or road without the sanction \r\nrequired under this Ordinance. \r\n \r\n44.  Connecting any house drain with a drain in a public street without the permission required \r\nunder this Ordinance. \r\n \r\n45.  Excavation of earth, stone or any other material within such distance of the residential \r\nareas as specified by the local government. \r\n \r\n46.   Digging of public land without permission of the local government. \r\n \r\n47.  Burying or burning a dead body at a place, which is not a public or registered burial, or \r\nburning place, except with the sanction of the local government. \r\n \r\n48.  Failure to report completion or alteration of a building. \r\n \r\n49.  Failure to furnish, on requisition, information in respect of any matter which a local \r\ngovernment is authorised to call for under any of the provision of the Ordinance, rules \r\nor bye­laws or furnishing wrong information. \r\n \r\n50.  Obstructing lawful seizure of animals liable to be impounded on the ground of \r\nviolation of rules or bye­laws governing the picketing, tethering, keeping milching or \r\nslaughter of animals or their trespass of private or public property. \r\n \r\n51.  Picketing, parking animals or collecting carts or vehicles on any street, using any street \r\nas a halting place for vehicles or animals or as a place of encampment without the \r\npermission of the local government concerned. \r\n \r\n52.  Causing or permitting animals to stray or keeping, tethering, stalling, feeding or gazing any \r\ncattle on any road, street or thoroughfare or in any public place or damaging or causing or \r\npermitting to be damaged any road, street or thoroughfare by allowing cattle to move \r\nthereon. \r\n \r\nPage 116 of 122  \r\n \r\n53. Disposal of carcasses of animals within prohibited distance. \r\n \r\n54.  Failure to dispose of offal, fat or any organ or part of a dead animal in a place set apart \r\nfor the purpose by the local government. \r\n55.  Throwing or placing any refuse, litter or garbage on any street, or in any place, not \r\nprovided and appointed for the purpose by a local government. \r\n56.   Failure to provide for disposal of litter or garbage inside or outside a shop by its owner. \r\n \r\n57.   Failure to maintain clean premises of the area in front of the shop, office or factory up \r\nto the public street or road serving this facility. \r\n \r\n58.  Watering cattle or animals, or bathing or washing at or near a well or other source of \r\ndrinking water for the public. \r\n \r\n59.  Steeping hemp, jute or any other plant in or near a pound or any other excavation within \r\nsuch distance of the residential area as may be specified by a local government.  \r\n60.  Drawing off, diverting or taking any water except  with the permission required under this  \r\nOrdinance. \r\n \r\n61.  Failure to provide, close, remove, alter, repair, clean, disinfect or put in proper order any \r\nlatrine, urinal drain, cesspool or other receptacle for filth, sullage water or refuse by an  \r\nowner of a house, shop, office, industry or premises. \r\n \r\n62.  Failure to clean the premises, houses, shops and cultivated lands of plastic bags and \r\nother non­perishable materials. \r\n \r\n63.  Damaging or polluting physical environment, inside or outside private or public premises, \r\nin a manner to endanger public health. \r\n \r\n64.  Failure by the, owner or occupier of any land to cut or trim the hedges growing thereon \r\nwhich overhang any well, tank or other source from which water is derived for public \r\nuse. \r\n \r\n65.  Failure by the owner or occupier of any land or building to clean, repair, cover, fill up \r\nor drain off any private well, tank of other source of water supply, which is declared \r\nunder this Ordinance to be injurious to health or offensive to the neighbourhood. \r\n \r\n66.  Failure to stop leakages of water pipes, faucets and sanitary fittings resulting in dirty \r\nwater pools affecting physical environments and breeding of mosquitoes. \r\n \r\n67.  Failure of an owner or occupier of any building or land to put up and keep in good  \r\ncondition throughs and pipes for receiving or carrying water or sullage water. \r\n \r\n68.  Feeding or allowing to be fed an animal meant for dairy or meat purposes, on deleterious  \r\nsubstance, filth or refuse of any kind, which is dangerous to health of consumers. \r\n \r\n69.  Defacing or disturbing any direction­post, lamp post or lamp extinguishing or any light \r\narranged by a local government without due authority. \r\n \r\n \r\nPage 117 of 122  \r\n70.  Fixing any bill, notice, placard, poster or other paper or means of advertisement against or \r\nupon any private or public properties including building places other than the places \r\nfixed for the purpose by a local government. \r\n \r\n71.  Exhibiting any obscene advertisement. \r\n \r\n72.  Loud playing of music or radio, beating of drum or tom­tom, blowing a horn or beating or \r\nsounding any brass or other instruments or utensils in contravention of any general or \r\nspecial prohibition issued by a local government or a hospital or an educational \r\ninstitution. \r\n \r\n73.  Loud shouting in abusive language causing distress to the inhabitants of a \r\nneighbourhood or village or any other public place. \r\n \r\n74.  Using or allowing the use for human habitation of a building declared by a local \r\ngovernment to be unfit for human habitation. \r\n \r\n75.   Failure to lime­wash or repair a building if so required by local government. \r\n \r\n76.  Begging importunately for alms by exposing any deformity or disease or any offensive \r\nsore or wound to solicit charity. \r\n \r\n77. Failure of the head of the family to  report the birth, marriage or  death to a local \r\ngovernment or a person appointed in this behalf within a reasonable time. \r\n \r\n78. Causing or permitting to be caused by any owner or keeper of an animal who through  \r\nneglect or otherwise damage of any land or crop or produce of land, or any public road, \r\nby allowing such animal to trespass thereon. \r\n \r\n79.  Selling cattle or any animal in contravention  of any law, rule or bye­laws of a local  \r\ngovernment. \r\n \r\n80.  Kite flying in  contravention of any general or specific prohibition issued  by local \r\ngovernment. \r\n \r\n81.   Keeping pigeon or other birds in a manner causing danger to air traffic. \r\n \r\n82.   Selling of any diseased animal, article or other thing which is unwholesome or unfit for \r\nhuman food, drink or medicine. \r\n \r\n83.  Failure to comply with the requirements of a notice issued under the Ordinance or rules \r\nor bye­laws. \r\n \r\n84.  Contravention of the prohibition or attempt or abetment of any of the offences in this \r\npart. \r\n___________ \r\n \r\n \r\n \r\n \r\n \r\n \r\nPage 118 of 122  \r\n \r\nTHE FOURTH SCHEDULE \r\n \r\n(See section 287)  \r\nRULES \r\n \r\n1. Cantonments local government (Conduct of Business) Rules \r\n \r\n2. Cantonments local government (Imposition and Recovery of Taxes) Rules. \r\n \r\n3. Cantonments local government (Tax on Immoveable Property) Rules. \r\n \r\n4. Cantonments local government (Tax on Transfer of Immoveable Property) Rules. \r\n \r\n5. Cantonments local government Servants (Service) Rules. \r\n \r\n6. Cantonments local government (Budget) Rules. \r\n \r\n7. Cantonments local government (Accounts) Rules. \r\n \r\n8. Cantonments local government (Internal Audit) Rules. \r\n \r\n9. Cantonments local government (Property) Rules. \r\n \r\n10. Cantonments local government (Contracts) Rules. \r\n \r\n11. Cantonments local government (Works) Rules. \r\n \r\n12. Cantonments local government (Monitoring) Rules. \r\n \r\n13. Cantonments local government (Milk Supply Scheme) Rules. \r\n \r\n14. Cantonments local government (Training) Rules. \r\n \r\n15. Cantonments local government (Appeals) Rules. \r\n \r\n16. Administration of Military Lands in Cantonments Rules. \r\n \r\n17. Citizen Community Board Rules. \r\n \r\n18. Any other rules necessary for implementation of this Ordinance.\r\n \r\nPage 119 of 122  \r\nTHE FIFTH SCHEDULE \r\n \r\n(See section 288)  \r\nBYE-LAWS \r\n1.  Regulating traffic of all kinds in street and other public places. \r\n \r\n2.  Regulating the conditions under which vehicles may remain standing in streets and other \r\npublic places. \r\n \r\n3.   The manner in which vehicles standing, driven, led or propelled in the street between  \r\nsunset and sunrise shall be lighted. \r\n \r\n4.  Prohibiting except in accordance with such orders the placing of building materials or \r\nother articles in any street or public place. \r\n \r\n5.     Prevention and removal of encroachments. \r\n \r\n6.  Prohibiting the hanging or placing of any cord or poll across a street or part thereof or \r\nthe making of a projection of structure so as to obstruct traffic or the free access of light \r\nand air. \r\n \r\n7.  Regulating and controlling the manner and mode of conveyin g timber, scaffolding \r\npoles, ladders iron girders, beams or bars, boilers or other unwielding articles through the \r\nstreet and the route and hours for such conveyance. \r\n \r\n8.      The seizure and confiscation of ownerless animals. \r\n \r\n9.     Regulation of grazing of animals and charging fee therefore. \r\n \r\n10.   Picketing, fastening or detention of any animal in any street or public place. \r\n \r\n11.  Specifying certain hours of the day during which the cattle shall not be driven, or as the \r\ncase may be, driven only in accordance with such orders along the street or along certain \r\nspecified streets. \r\n \r\n12.  The regulation or prohibition of the stabling or herding of animals or any class of \r\nanimals, so as to prevent danger to public health. \r\n \r\n13.   Regulation of sale and control of cattle and animals. \r\n \r\n14.   Animal husbandry and milk supply. \r\n \r\n15.  Regulating the leading, driving, conducting or conveying of any wild or dangerous \r\nanimals through or in any street. \r\n \r\n16.  Segregation in, or the removal, or exclusion from the cantonment or the destruction of \r\nanimals suffering or reasonably suspected to be suffering from any infectious or \r\ncontagious disease. \r\n \r\n \r\nPage 120 of 122  \r\n17.  Regulation of the use of public parks, gardens, open spaces and other places, and the  \r\nprotection of forests, avenues, trees and grass, and other plantation. \r\n \r\n18.   Prevention of adulteration of foodstuffs. \r\n \r\n19.  The manner in which connection with water­works may be constructed or maintained \r\nand the agency which shall or may be employed for such construction and maintenance. \r\n \r\n20.   Tampering with any main pipe, or any apparatus or appliance for the supply of water. \r\n \r\n21.  Fixing of any bill, notice, placard, or other paper or means of advertisement against or  \r\nupon any building or place other  than the places fixed for the  purpose by the  local \r\ngovernment but also ensuring that such advertisements do not cause any distraction or  \r\nobstruction to traffic. \r\n \r\n22.  Erection of any enclosure, fence, tent, awning, or other temporary structure of whatever \r\nmaterial or nature on any land. \r\n \r\n23.  Fixing of wooden khokhas, plying of hand carts for the sale of goods, and temporary or \r\npermanent shops or extensions thereof on foot paths or beyond the street line. \r\n \r\n24.  Closing certain streets or places temporarily, in case of danger from ruinous buildings or \r\nother cause, with such exceptions as shall appear reasonable. \r\n \r\n25.  Guarding against injury to person and property in the construction, repair and demolition \r\nof buildings, platforms and other structures from which danger may arise to passengers, \r\nneighbours or the general public. \r\n \r\n26.   The prevention and extinction of fire. \r\n \r\n27.  Prohibiting the setting of fire to or burning of any straw or other matter, or lighting a  \r\nbonfire or wantonly discharging a fire­arm or ai r­gun, or letting off or throwing a fire­  \r\nwork, or sending up fire balloon or rocket in or upon a street or within fifty feet of a street \r\nor building or the putting up of any post or other thing on the side of or across a street \r\nfor the purpose of affixing  thereto lamps or other contrivances for illumination except  \r\nin accordance with orders in this behalf. \r\n \r\n28. Controlling or, in order to prevent obstruction, inconvenience, annoyance, risk, danger \r\nor damage to the residents or passengers in the vicinity, prohibiting:— \r\n \r\n(i) the illumination of streets and public places and the exterior of building by \r\npersons other than government servants or any person duly authorized in that \r\nbehalf; \r\n \r\n(ii) the blasting of rockets or making excavation in or near streets or public places; \r\nand \r\n \r\n(iii) the use of loudspeaker in or near any public place or public entertainment. \r\n29.   Regulation of burial and cremation places. \r\n \r\n30.   Regulation of markets. \r\n \r\nPage 121 of 122  \r\n \r\n31.   Slaughter of animals and maintenance of slaughter houses. \r\n \r\n32.   The fixing and regulation of public bathing and washing places. \r\n33.  Regulation and control of encamping grounds, serais, hostels, dak­bungalows, lodging  \r\nhouses, buildings let  in tenements, residential clubs, restaurants, cafes, refreshment \r\nrooms, and places of public recreation, entertainment or resort. \r\n \r\n34.  The matters regarding which conditions may be  imposed by  licences granted  under \r\nsection 154. \r\n \r\n35.   Prevention of air, water, noise and soil pollution. \r\n \r\n36.  Regulation in any  manner of the  construction, alteration, maintenance, preservation, \r\ncleaning and repairs of drains, ventilation shafts, pipes, water closets, privies, latrines,  \r\nurinals, cess pools, and other draining works. \r\n \r\n37.  Flow and drain to be put on a street or public place or into an irrigation channel or any \r\nsewer or drain not set apart for the purpose. \r\n \r\n38.   Use of sewer water for farming. \r\n \r\n39.  Throwing or placing any refuse on any street, or in any place not provided or appointed \r\nfor the purpose. \r\n \r\n40.  Specifying certain hours of the day during which odours or offensive matter or objects  \r\nshall not be taken from or into houses or buildings in certain  street or conveyed through \r\nsuch streets except in accordance with such orders. \r\n \r\n41.   Dyeing or tanning animal skins. \r\n \r\n42.   Disposal of carcasses of animals. \r\n \r\n43.  Watering cattle or animals or bathing or washing at or near a well or other source of  \r\ndrinking water for the public. \r\n \r\n44.   Prevention of the spread of infectious or contagious diseases. \r\n \r\n45.  Preventing obstruction, inconvenience, annoyance, risk, danger or damage to the \r\nresidents or passengers in the vicinity and prohibiting the praying of music the beating of  \r\ndrums, or other instruments and blowing or sounding of horns or other noisy instruments \r\nin or near street or other public places. \r\n \r\n46.   Prevention and abatement of nuisances. \r\n \r\n47.   Dangerous and offensive trades and articles. \r\n \r\n48.  Preventing obstruction, inconvenience, annoyance, risk, danger, or damage to the \r\nresidents or passengers in the vicinity, prohibiting the carrying in street and public places \r\nof gun­powder or any other explosive substance or any dangerous or hazardous material. \r\n  \r\n \r\nPage 122 of 122  \r\n49.   Dangerous buildings and structures.  \r\n \r\n50.   Registration of births, deaths and marriages. \r\n \r\n51.   Zoning, master planning and buildings. \r\n \r\n52.   Local government (community development). \r\n \r\n53.  Registration, management and regulation of orphanages, widow homes, senior citizens  \r\nhomes, homes for the mentally ill and women in distress. \r\n \r\n54.   Prevention of beggary, juvenile delinquency and other social evils. \r\n \r\n55.   Regulation of libraries. \r\n \r\n56.   Organization and regulation of fairs, shows, tournaments and other public gatherings. \r\n \r\n57.  The regulation of the collection and recovery of taxes, tolls, charges and fees under this \r\nOrdinance and their refund. \r\n \r\n58.   Local government (Elective officials remunerations and allowances). \r\n \r\n59.   Excavation of earth, stone or any other material. \r\n \r\n60.  Regulation of supply of copies of official documents and prescribing the fee payable in \r\nrespect of thereof. \r\n \r\n61.   Generally for the regulation of the administration of cantonment under this Ordinance.",
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