Federal · Act · 1924

Cantonments Act, 1924

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THE CANTONMENTS ACT, 1924.

SCHEDULE III.__Form of Inventory of Property distrained and Notice of Sale. SCHEDULE IV.__Cases in which Police may arrest without Warrant. SCHEDULE V.__Appeals from Orders. SCHEDULE VI. [Repealed]. SCHEDULE VII.

CHAPTER I.

PRELIMINARY.

Section 1. Short title, extent and commencement

(1) This Act may be called the Cantonments Act,

1924. 2[(2) It extends to the whole of Pakistan.]

(3) The 3[Federal Government] may, by notification in the 4[official Gazette], direct that this Act, or any provisions thereof which 4[it] may specify, shall come into force on such date as 4[it] may appoint in this behalf.

Section 2. Definitions

In this Act, unless there is anything repugnant in the subject or context,__ 5[(i) “administrative division” means the division to which business of cantonments stands allocated;

(ia) “advertisement” includes advertisement through sign boards, hoardings, cutouts, neon -signs, pole signs, sky signs and boards, billboards, directional boards, banners, streamers, moppy signs, temporary advertisement struct ures and stalls, posters, one way visions, ho t air balloons and blimps, moving vehicles, electronic display screens including light emitting diode (LED) and surface mounted device (SMD), etc.;

(ib) “armed forces” means the armed forces mentioned in Article 243 of the Constitution of the Islamic Republic of Pakistan, 1973;]

2. The Provisions of Chapters IX, X, XI, XII, XIV and XV of this Act and the rules and the Byelaws made thereunder, for the Kharian Cantonment which relate to the subject matter of any of the said Cantonment and in the vicinity thereof described in the Schedule annexed to the Ministry of Defence notification No. 976/63, dated the 17th May, 1963, see Gazette of Pakistan 1963, Pt. III, p. 130.

2Subs. by Ordinance No. XXI of 1960, s. 3 and 2nd Sch. (with effect from the 14th October, 1955).

3Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.

4Subs. by A.O., 1937.

5Ins. by Act No. XLVII of 2023, s.2.

1[(ic)] “Assistant Health Officer” means the medical officer appointed by the 2[Competent Authority], to be the Assistant Health Officer for a cantonment;

(ii) “Board” means a Cantonment Board constituted under this Act;

(iii) “brigade area” means one of the briga de areas, whether occupied by a brigade or not, into which 3[Pakistan] is for military purposes for the time being divided, and includes for all or any of the purposes of this Act any area which the 4[Federal Government] may, by notification in the 5[official Gazette], declare to be a brigade area for such purpose or purposes; 6[(iv) “building” means a house, outhouse, stable, latrine, shed, hut 1[, shop, base transceiver station (BTS) towers] or other roofed structure whether of masonry, brick, wood, mud, metal or other material, and any part thereof, and includes a well and a wall (other than a boundary wall not exceeding eight feet in height and not abutting on a street) but does not include a tent or other portable and temporary shelter;]

(v) 6[* * * * * * *]

(vi) 7[* * * * * * *]

(vii) “casual vacancy” means a vacancy occurring otherwise than by efflux of time in the office of an elected member of a Board ; 1[(viia) “classification”, “re-classification” or “sub-classification” means the classification, re- classification or sub -classification of the milit ary lands and of the lands vested in or entrusted to a Board in the prescribed manner;] 2[(viii) “Competent Authority” means the Chief of the Army Staff or any other officer appointed by the Federal Government to be the Competent Authority in respect of one or more cantonments or class of cantonments;]

(ix) 8[* * * * * * *]

(x) “dairy” includes any farm, cattle‑shed, milk‑store, milk‑shop or other place from which milk is supplied or in which milk is kept for purposes of sale or is manufactured for sale into butter, ghee, cheese or curds, and, in relation to a dairyman who does not occupy any premises for the sale of milk, includes any place in which he keeps the vessels used b y him for the storage or sale of milk 1[but does not include a shop from which milk is supplied only in the properly closed and unopened vessel in which it is delivered to the shop or other place in which milk is sold for consumption on premises only];

1Renumbered and ins. by Act No. XLVII of 2023, s.2.

2Subs. by Ordinance No. XLIV of 1979, s.2.

3Subs.by the Adaptation of Central Acts and Ordinances Order, 1949 (Order No. 4 of 1949), s.3.

4Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.

5Subs.by A.O 1937.

6Subs. by Act No. XXIV of 1936, s.2.

7Omitted by Ordinance No. XXXVIII of 1960, s. 2 (with effect from the 16th May, 1960).

8Omitted by Act No. XII of 1935, s.2 and 1st Sch.

(xii) 1[* * * * * * *] 5[(xiii) “executive officer” , “additional executive office r” or “deputy executive officer” means the cantonment executive officer, additional cantonment executive officer or deputy cantonment exec utive officer appointed under this Act in the prescribed manner and include such other officers as may be prescribed;] 5[(xiiia) “fee” means a fee of any kind and description as may be determined and charged by a Board in the prescribed manner and includes a charge as may be determined in the like manner;]

(xiv) “Health Officer” means the senior executive medical officer in military employ on duty in a cantonment; 5[(xiva) “garrison area” means one of the brigade areas, whether occupied by a division or not, into which Pakistan is for purposes of armed forces for the time being divided and includes for all purposes of this Act any area which the Federal Government may, by notification in the official Gazette, declare to be a garrison area for such purposes;]

(xv) 2[* * * * * * *]

(xvi) “hut” means any building, no material portion of which above the plinth level is constructed of masonry or of squared timber framing or of iron framing;

1Subs.and omitted by Ordinance No. XLIV of 1979, s.3. 2Ins.and omitted by Act No. XXIV of 1936, s.2. 3Renumbered by Ordinance No. XXXVIII of 1960, s. 2 (with effect from the 16th May, 1960).

4Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.

5Subs. and ins. by Act No. XLVII of 2023, s.2.

(xviii) “inhabitant”, in relation to a cantonment, or local area, means any person ordinarily residing or carrying on business or owning or occupyin g immoveable property therein, and in case of a dispute means any person declared by the District Magistrate to be an inhabitant ;

(xix) “intoxicating drug” means opium, ganja, bhang, charas and any preparation or admixture thereof, and includes any other intoxicating substance, or liquid which the 1[Federal Government], 3[* * *] may, by notification in the 2[official Gazette], declare to be an intoxicating drug for the purposes of this Act ;

4[(xixa) “land use” means the human use of land to represent economic and cultural activities and includes residential, commercial, industrial, mining, recreational uses and such other uses that are practiced at a given place;

(xixb) “land use plan” means a plan drawn up and approved by the B oard which provides for the actual land use and proposed land use both in the planned areas and non -planned areas within the local limi ts of the cantonment;

(xixc) “lay out plan” means a plan of the entire site showing location of plots, building blocks, roads, open spaces, entry, exit, parking, landscaping, etc. indicating the activity for all land parcels;]

5[4[(xixd)] “Maintenance Engineer” means the public Works Officer of that grade, or the officer of the Military Engineer Services of the corresponding grade, having charge of the military works in a cantonment or, where more than one such officer has charge of the military works in a cantonment, such one of those officers as the officer Commanding the station may designate in this behalf, a nd includes the officer of whatever grade in immediate executive engineering charge of a cantonment;]

4[(xx) “market” includes the place of commercial activity where goods or services are traded;]

6[xxa] “Military Estates Officer” means the officer appo inted by the 2[Federal Government] to perform the duties of the Military Estates Officer under rules made under clauses (a) and (b) of sub-section (2) of section 280;)

4[(xxa) “military lands” means the lands vested in the Federal Government which are classified, re -classified or sub -classified as such and includes lands acquired, purchased or allocated for the purposes of armed forces and all other connected purposes and entrusted to or placed under the management and control of armed forces or any other authority or department for the said

1Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.

2Subs. by A.O., 1937.

3Omitted by Act No. VII of 1925, s.2.

4Ins., re-numbered and subs. by Act No. XLVII of 2023, s.2.

5Ins. by Ordinance No. XLIV of 1979, s.3.

6Ins. by Act No. XXIV of 1936, s.2.

purposes anywhere in Pakistan under the rules or regulations made under this Act or any other law for the time being in force and does not include lands requisitioned under any law;]

(xxi) “Military officer” means__

(a) a person who being an officer within the meaning of 1[* * * 2[*]the Pakistan Army Act, 1952] 3[the Pakistan Navy Ordinance, 1961 (XXXV of 1961)] , 1[***] 2[or the Pakistan Air Force Act, 1953], is commissioned and in pay as an officer doing military or air force duty with 4[the military or air forces of Pakistan], or is an officer doing such duty in any arm branch or part of those forces; or

(b) a person doing military or air force duty as a warrant officer with either of those forces or with any arm, branch, or part thereof, whether he is or is not an officer with in the meaning of 1[***] 2[*] the Pakistan Army Act, 1952 ] 3[the Pakistan Navy ordinance, 1961 (XXXV of 1961)] 1[***] 2[or the of Pakistan Air Force Act, 1953] ;

(xxii) “nuisance” includes any act, omission, place or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell or hearing, or which is or may be dangerous to life or injurious to health or property ;

(xxiii) “occupier” includes an owner in occupation of, or otherwise using his own land or building ;

(xxiv) “Officer Commanding the District” means the Officer Commanding any one of the districts into which 5[Pakistan] is for military purposes for the time being divided, or any brigade area which does not form part of any such district, or any area which the 6[Federal Government] may, by notification in the 7[official Gazette], declare to be such a district fo r all or any of the purposes of this Act ; 8[(xxiva) “Officer Commanding the station” means the military officer for the time being in command of the forces in a cantonment, or, if that officer is the Officer Commanding the District or 9[Competent Authorit y] the military officer who would be in command of those forces in the absence of the Officer Commanding the District and 9[Competent Authority] ;]

(xxv) 10[** * * * * *]

1Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (Ordinance No. XXVII of 1981), s. 3 and Sch. II.

2Ins. by the Central Laws (Statute Reform) Ordinance, 1960 (Ordinance No. XXI of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955).

3Ins. by Act No. XLVII of 2023, s.2.

4Subs. by A.O., 1961, Art. 2 and Sch. (with effect from the 23rd March, 1956).

5Subs.by the Adaptation of Central Acts and Ordinances Order, 1949 (Order No. 4 of 1949), s.3.

6Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.

7Subs. by A.O., 1937.

8Ins. by the Repealing and Amending Act, 1935 (Act No. XII of 1935), s.2 and 1st Sch.

9Subs. by Ordinance No. XLIV of 1979, s. 3.

10Omitted by Ordinance No. XXXVII of 1960, s. 2 (with effect from the 16th May, 1960).

(xxvii) “party wall” means a wall forming part of a building and used or constructed to be used for the support or separation of adjoining buildings belonging to different owners, or constructed or adapted to be occupied by different persons ; 1[(xxviia) “peasant” means a person who owns agricultural land not exceeding five acres and engages himself personally in the cultivation of land;] 2[(xxviib) “prescribed” means prescribed by rules, regulations or bye-laws made under this Act;]

(xxviii) ‘“private market” means a market which is not maintained by a 3[Board] and which is licensed by a 3[Board] under the provisions of this Act ;

(xxix) “private slaughter‑house” means a slaughter‑house which is not maintained by a 3[Board] and which is licensed by a 3[Board] under the provisions of this Act ;

(xxx) “public market” means a market maintained by a 3[Board];

(xxxi) “public place” means any place which is open to the use and enjoyment of the public, whether it is actually used or enjoyed by the public or not ;

(xxxii) “public slaughter‑house” means a slaughter‑house maintained by a 3[Board]; 3[(xxxiia) a person is deemed to reside in a cantonment if he maintains therein a house or a portion of a house which is at all times available for occupation by himself or his family even though he may himself reside elsewhere,

provided that he has not abandoned all intention of again occupying such house either by himself for his family;] 2[(xxxiib) “regulations” means the regulations made under this Act;

(xxxiic) “right of way” means the right belonging to any person or public authority to pass ove r land or property of other person to provide services. It also includes underground and overhead space of such land or property;

1Ins. by Ordinance No. XLIV of 1979, s. 3.

2Ins. by Act No. XLVII of 2023, s.2.

3Subs. and ins. by Act No XXIV of 1936, s. 69.

(xxxiid) “rules” means the rules made under this Act;

(xxxiie) “scheme” includes a residential, industrial, commercial or mixed -use scheme or any other scheme;]

(xxxiii) “shed” means a slight or temporary structure for shade or shelter;

(xxxiv) “slaughter‑house” means any place ordinaril y used for the slaughter of animals for the purpose of selling the flesh thereof for human consumption; 1[(xxxv) “soldier” means a person who is a soldier or airman within the meaning of the Pakistan Army Act, 1952 (XXXIX of 1952), or the Pakistan Air For ce Act, 1953 (VI of 1953), and who is not a military officer ;]

(xxxvi) “spirituous liquor” means any fermented liquor, any wine, or any alcoholic liquid obtained by distillation or the sap of any kind of palm tree, and includes any other liquid containing alcohol which the 2[Federal Government], 3[* * *] may, by notification in the 4[official Gazette], declare to be a spirituous liquor for the purposes of this Act ;

(xxxvii) “street” includes any way, road, lane, square, court, alley 5[ or passage] in a cantonment, whether a thoroughfare or not and whether built upon or not, over which the public have a right‑of‑way and also the road‑way or foot‑way over any bridge or causeway ;

(xxxviii) “vehicle” means a wheeled conveyance of any description which is capable of being used on a street, and includes a motor‑car, motor lorry, motor omnibus, cart, locomotive, tram‑car, hand‑cart, truck, motor‑cycle, bicycle, tricycle and rickshaw ; 5[*]

(xxxix) “water‑works” includes all lakes, tanks, streams, cisterns, springs, pumps, wells, reservoirs, aqueducts, water‑trucks, sluices, mains, pipes, culverts, hydrants, stand‑pipes , and conduits, and all machinery, lands, buildings, bridges and things, used for, or intended for the purpose of, supplying water to a cantonment; 6[*] 6[(xxxixa) “work” shall have the same meaning as in the Industrial Relations Ordinance, 1969, (XXIII of 1969) , and shall include a selfemployed craftsman like black-smith, carpenter, tailor and shoe maker; and].

(xl) “year” means the year commencing on the first day of 7[July].]

1Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (Ordinance No. XXVII of 1981), s. 3 and Sch. II.

2Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.

3Omitted by Act No. VII of 1925, s. 2.

4Subs. by A.O., 1937.

5Subs. and omitted by Act No. XXIV of 1936, s. 2.

6Omitted and ins. by Ordinance No. XLIV of 1979, s. 3.

7Subs. by the Central Adaptation of Laws Order, 1964 (P.O. No.1 of 1964), Art. 2 and Sch.

CHAPTER II.

DEFINITION AND DELIMITATION OF CANTONMENTS.

Section 3. Definition of Cantonments

(1) The 1[Federal Government], 2[* * *] may by notification in the 2[official Gazette], declare any place or places in which any part of 3[4[armed forces] of Pakistan] is quartered or which, being in the vicinity of any such place or places, is or are required for the service of such forces to be a cantonment for the purposes of this Act and of all other enactments for the time being in force, and 2[* * *], may; by a like notification, declare that any cantonment shall cease to be a cantonment.

(2) The 1[Federal Government],1[* * * ], may, by a like notification, define the limits of any cantonment for the aforesaid purposes. 5[(3) When any place is declared a cantonment for the first time, the 1[Federal Government] may, until a Board is constituted in accordance with the provisions of this Act , by order make any provision which appears necessary to 2[it] either for the administration of the Cantonment or for the constitution of the Board.] 6[(4) The 1[Federal Government] may, by notification in the official Gazette, direct that in any place declared a cantonment under sub‑section (1) the provisions of any enactment relating to local self‑government other than this Act shall have effect only to such extent or subject to such modifications, or that any authority constituted under any such enactment shall exercise authority only to such extent, as may be specified in the notification.]

Section 4. Alteration of limit of cantonments

(1) The 1[Federal Government], 2[* * * ], may, by notification in the 2[official Gazette], declare its intention to include within a cantonment any local area situated in the 7[*] vicinity thereof or to exclude from a cantonment any local area comprised therein.

(2) Any inhabitant of a cantonment or local area in respect of w hich a notification has been published under sub‑section (1) may, within six weeks from the date of the notification, submit in writing to the 1[Federal Government] through the 8[Competent Authority] an objection to the notification, and the 1[Federal Government] shall take such objection into consideration.

(3) On the expiry of six weeks from the date of the notification, the 1[Federal Government] may, 2[* * *], after considering the objections, if any, which have been submitted under subsection (2), by notification in the 2[official Gazette], include the local area in respect of which the notification was published under sub‑section (1), or any part thereof, in the cantonment or, as the case may be, exclude such area or any part thereof from the cantonment.

1Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.

2Omitted and subs. by A.O., 1937.

3Subs. by A.O., 1961, Art.2 and Sch. (with effect from the 23 March, 1956).

4Subs. by Act No. XLVII of 2023, s.3.

5Added by the Act No. XXIV of 1936, s. 3.

6Added by Act No. VIII of 1944, s. 2.

7Omitted by Act No. XXVI of 1927, s. 2.

8Subs. by Ordinance No. XLIV of 1979, s. 2.

Section 5. The effect of including area in cantonment

When, by a notification under section 4, any local area is included in a cantonment, such area shall thereupon become subject to this Act and to all other enactments for the time being in force throughout the cantonment and to all notifications, rules, regulations, bye‑laws, orders and directions issued or made thereunder.

Section 6. Disposal of cantonment fund when area ceases to be a cantonment

(1) When, by a notification under section 3, any cantonment ceases to be a cantonment and the local area comprised therein is immediately placed under the control of a local authority, the balance of the cantonment fund and other property vesting in the 1[Board] shall vest in such local authority, and the liabilities of the 1[Board] shall be transferred to such local authority.

(2) When, in like manner, any cantonment ceases to be a cantonment and the local area comprised therein is not immediately placed under the control of a local authority, the balance of the cantonment fund and other property vesting in the 1[Board] shall vest in 2[Government], and the liabilities of the 1[Board] shall be transferred to the 3[Federal Government.]

Section 7. Disposal of cantonment fund when area ceases to be included in a cantonment

(1) When, by a notification under section 4, any local area forming part of a cantonment ceases to be under the control of a particular 1[Board] and is immediately placed under the control of some other local authority, such portion of the cantonment fund and other property vesting in the 1[Board] and such portion of the liabilities of the 1[Board], as the 3[Federal Government] may, by general or special order, direct, shall be transferred to that other local authority.

(2) When, in like manner, any local area forming part of a cantonment ceases to be under the control of a particular 1[Board] and is not immediately placed under the control of some other local authority, such portion of the cantonment fund and other property vesting in the 1[Board] shall vest in 2[Government], and such portion of the liabilities o f the 1[Board] shall be transferred to the 3[Federal Government], as the 3[Federal Government] may, by general or special order, direct.

Section 8. Application of funds and property transferred under sections 6 and 7

Any cantonment fund or portion of a cantonment fund or other property of a 1[Board] vesting in 2[Government] under the provisions of section 6 or section 7 shall be applied in the first place to satisfy any liabilities of the 1[Board] transferred under such provisions to the 3[Federal Government], and in the second place for the benefit of the inhabitants of the local area which has ceased to be a cantonment or, as the case may be, part of a cantonment.

[4] Section 8A. Management of property or land

―Subject to the provisions of this Act, the management and other matters relating to the military lands and properties thereof and the lands and properties of a Board shall be carried out in accordance with the provisions of this Act and the applicable rules, regulations and bye-laws made thereunder:

Provided that all such activities already undertaken if not inconsistent with the provisions of this Act shall always be deemed to have been validly done under this Act.]

1Subs. by Act No. XXIV of 1936, s. 69.

2Subs. by A.O., 1961, Art. 2. (with effect from the 23rd March, 1956).

3Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.

4Ins. by Act No. XLVII of 2023, s.4.

Section 9. Limitation of operation of Act

The 1[Federal Government] may, 1[* * *], by notification in the 1[official Gazette], exclude from the operation of any part of this Act the whole or any part of a cantonment, or direct that any provision of this Act shall, in the case of any cantonment__ 2[* * * * * * *] 2[*] in which the Board is superseded under section 54,] apply with such modifications as may be so specified. 3[Chapter IIA

Administration of military lands and cantonment

Section 9A. Directorate of military lands and cantonments

(1) For the purpose of monitoring and to oversee the military lands and ca ntonments, the directorate of military lands and cantonments, established by the Federal Government, shall stand established under this Act.

(2) The headquarters of the directorate of military lands and cantonments shall be at Rawalpindi or at Islamabad as it may determine and it may establish its regional offices in the prescribed manner.

(3) The directorate of military lands and cantonments shall be headed by a director general who shall be appointed in accordance w ith the rules as may be prescribed under the Civil Servants Act, 1973 (LXXI of 1973) from amongst serving major generals of Pakistan Army on secondment f or a term of two years extendable for another term or terms on recommendation of the competent authority,

(4) In addition to the director general appointed under sub -section (3), the directorate of military lands and cantonments shall consist of so many additional directors general, directors, additional directors, deputy directors gen eral, assistant directors general and such other officers and staff members as may be appointed by such officers or authorities, in such manner and on such te rms and conditions as may be prescribed in accordance with the Civil Servants Act, 1973 (LXXI of 1973) and the Federal Public Service Commission Ordinance, 1977 (XLV of 1977).

(5) The director general and other officers and staff members appointed under this section shall exercise such powers and perform such functions as may be prescribed and as may be assigned to them by the secretary of the administrative division.] _______

CHAPTER III.

4[CANTONMENT BOARDS].

5[Boards].

[5] Section 10. Cantonment Board and Executive Officer

For every cantonment there shall be a Cantonment Board and an Executive Officer.

1Subs. and omitted by A.O., 1937.

2Omitted by A.O., 1949.

3Ins. by Act No. XLVII of 2023, s.5.

4Amended by the Repealing and Amending Act, 1939 (Act No. XXXIV of 1939), s.2 and 1st Sch.

5Subs. by Act No. XXIV of 1936, ss. 69 and 5.

Section 11. Incorporation of Cantonment Board

Every Board shall, by the name of the place by reference to which the cantonment is known, be a body corporate having perpetual succession and a common seal with power to acquire and hold property both moveable and immoveable and to contract and shall, by the said name, sue and be sued.

Section 12. Appointment of Executive Officer

(1) The Executive Officer of every cantonment shall be appointed by the 1[Federal Government], or by such person as the 1[Federal Government] may authorise in this behalf, 2[from Officers appointed 3[* * * * * * * *] , to the Pakistan Military Lands and Cantonments Service]:

Provided that an Executive Officer appointed before the 4commencement of the Cantonments

(Amendment) Act, 2[1952] (XXII of 1952), shall, unless the 1[Federal Government] otherwise directs in any case, be deemed to have been duly appointed in accordance with this sub‑section.

(2) Not less than half the cost of the salary of the Executive Officer 2[and a proportionate share of his leave salary and pension contribution shall be paid to the 1[Federal Government]] from the cantonment fund:

Provided that the salary of an Executive Offic er appointed before the 4commencement of the Cantonments (Amendment) Act, 2[1952] (XXII of 1952), shall, until the 1[Federal Government] otherwise directs, continue to be paid from the source from which it was being paid at the commencement of the said Act.

(3) The Executive Officer shall be 2[the Principal Executive Officer of the Cantonment Board and] the Secretary of the Board and of every committee of the Board, but shall not be a member of the Board or of any such committee. 2[He shall have the right t o take part in the discussions but not to move any proposals at the meetings of the Board and of the Committees.]

Section 13. 5[Classification of Cantonments

] 6[(1) Cantonments shall be divided into three classes, namely:__

(i) Class I Cantonments, in which the civil population is one hundred thousand or more ;

(ii) Class II Cantonments, in which the civil population is fifty thousands or more but less than one hundred thousand; and

(iii) Class III Cantonments, in which the civil population is less than fifty thousand.]

1Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.

2Subs., ins. and added by Act No. XXV of 1952, s. 2.

3Omitted by Central Laws Adaptation Order, 1961 (P.O No. 1 of 1961), Art. 2 and Sch. (with effect from the 23rd March, 1956.) 4The Cantonments (Amdt.) Act No. XXIV of 1936 came into force on the 31st October, 1936.

5Subs. by Ordinance No. XXXVIII of 1960, s. 3, (with effect from the 16th May, 1960).

6Subs. by Ordinance No. XLIV of 1979, s. 4.

1 [* * * * * * *]

(2) For the purposes of sub‑section (1), the civil population shall be calculated in accordance with the latest official census, or, if the 2[Federal Government], by general or special order, so directs, in accordance with a special census taken for the purpose. 3[* * * * * * *]

[4] Section 13A. Constitution of Cantonment Boards

(1) The Board for a Class I Cantonment shall consist of the following members, namely:__

(a) the Officer Commanding the station or, if the Federal Government so directs in respect of any cantonment, such other military officer as may be nominated by the Competent Authority;

(b) twelve elected members ;

(d) the Maintenance Engineer;

(e) a Magistrate of the first class nominated by the District Magistrate ; and

(f) nine civil or military officers nominated by the Officer Commanding the station by order in writing.

(2) The Board for a Class II Cantonment shall consist of the following members, namely:—

(a) the Officer Commanding the station or, if the Federal Government so directs in respect of any Cantonment, such other military officer as may be nominated by the Competent Authority;

(b) seven elected members;

(d) the Maintenance Engineer;

(e) a Magistrate of the first class nominated by the District Magistrate ; and

(f) four military officers nominated by the Officer Commanding the station by order in writing.

(3) The Board for a Class III Cantonment shall consist of the following members, namely:__

1Omitted by Ordinance No. XXXVIII of 1960, s .3, (with effect from the 16th May, 1960).

2Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.

3Subsections (3), (4), (5), (5A), (6) and (7) have been omitted by Ordinance No. XXXVIII of 1960, s. 3 (with effect from the 16th May, 1960).

4Subs. by Ordinance No. XLIV of 1979, s. 5.

(a) the Officer Commanding the station or, if the Federal Government so directs in respect of any cantonment, such other military officer as may be nominated by the Competent Authority;

(b) two elected members:

Provided that the Federal Government may, by notification in the official Gazette, increase the number of elected members to such extent not exceeding five as it deems fit;

(d) one military officer nominated by the Officer Commanding the station by order in writing:

Provided that, if the number of elected members is i ncreased under clause (b), the number of members so nominated shall be one less than the number of elected members so increased.

(4) The Federal Government may, by notification in the official Gazette, reserve a number of seats for women, peasants, workers and minority communities in the Board of a particular cantonment:

Provided that nothing contained in this Act or the rules made thereunder shall be construed as making a woman, peasant or worker ineligible for election to a general seat in any Board.

(5) The name of every elected or nominated member of the Board shall forthwith be reported to the Federal Government which shall notify in the official Gazette the name of the person so nominated or elected.

(6) The Officer Commanding the station may, with the sanction of the Competent Authority, nominate, in place of a military officer whom he is empowered to nominate under clause (f) of sub section (1), clause (f) of subsection (2) or clause (d) of subsection (3), any person who is ordinarily resident in the cantonment or in the vicinity thereof.]

Section 14. Power to vary constitution of Boards in special circumstances

(1) Notwithstanding anything contained in 1[section 13A], if the 2[Federal Government] is satisfied__

(a) that, by reason of military operations it is necessary or

(b) 3[* * *], that, for the administration of the cantonment, it is desirable,

to vary the constitution of the Board in any cantonment under this section, the 2[Federal Government] may, by notification in the 3[official Gazette], make a declaration to that effect.

(2) Upon the making of a declaration under sub‑section (1), the Board in the cantonment shall consist of the following members, namely:__

1Subs. by Ordinance No. XXXVIII of 1960, s. 5, (with effect from the 16th May, 1960).

2Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.

3Omitted and subs. by A.O., 1937.

(a) the Officer Commanding the station ;

(b) one military officer nominated by name by the Officer Commanding the station by order in writing;

(3) Every nomination of a member of a Board constituted under this section, and every vacancy in the membership thereof, shall be notified by the 2[Federal Government] in the 4[official Gazette].

(4) The term of office of a Board constituted by a declaration under sub‑section (1) shall not ordinarily extend beyond one year:

Provided that the 2[Federal Government] may from time to time, by a like declaration, extend the term of office of such a Board by any period not exceeding one year at a time:

Provided also that the 2[Federal Government] shall forthwith direct that the term of office of such a Board shall cease if, in the opinion of the 2[Federal Government], the reasons stated in the declaration whereby such Board was cons tituted, or its term of office was extended, have ceased to

exist.

(5) When the term of office of a Board constituted under this section has expired or ceased, the Board shall be replaced by the former Board which, but for the declaration under sub‑section (1), would have continued to hold office, or, if the term of office of such former Board has expired, by a Board constituted under 5[section 13A].] 15-15I. 6[Omitted]

Section 16. 5[Omitted]

Section 17. 5[Omitted]

Section 18. 6[Omitted]

Section 19. 6[Omitted]

6[l9A. Local Area.―For the purpose of this Act, local area shall be the whole of cantonment.

Section 19B. Delimitation of cantonment into wards

―(1) The Election Commission shall delimit a cantonment into wards in such a way that the number of wards is eq ual to the number of members to be elected on general seats of a Board specified under section l3A.

1Added by Act No. XXXIV of 1956, s. 2.

2Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.

3Subs. by Ordinance No. XLIV of 1979, s. 2.

4Subs. by A.O., 1937.

5Subs. and omitted by Ordinance No. XXXVIII of 1960, s. 5, (with effect from the 16th May, 1960).

6Omitted and ins. by Act No. XLVII of 2023, ss.6 and 7. (In main law from section 15 to 15I are available but in amendment Act No. XLVII of 2023, omitted the sections from section.15-151 instead of 15 to 15I)

(2) For the purposes of delimitation of wards of a cantonment,—

(a) a ward shall consist of a village or revenue estate or census block or adjoining census blocks as determined for purposes of the last preceding census or delimited and notified as such by the Election Commission;

(b) the boundaries of a ward shall not cross the limits of the cantonment; and

(3) The wards of a cantonment shall be delimited in accordance with this Act and the rules made thereunder. As far as possible, principles of delimitation as laid down under the Elections Act, 2017 (XXXIII of 2017) or any other law for the time being in force shall be followed.

Section 19C. Election on the basis of adult franchise

―The election of members to be elected on general seats of a Board shall be held on the basis of single member constituency and adult franchise through secret ballot.

Section 19D. Authority for local government electi on

―(1) An e lection to a Board under this Act shall be conducted by the Election Commission in accordance with the rules made under this Act and such rules may provide for all matters connected therewith or incidental thereto, including the time of holding the elections, b y-elections, corrupt or illegal practices and oth er election offences and the submission, trial and disposal of election petitions.

(2) The Election Commission shall on receipt of a request in writing from the Federal Government issue a program for the conduct of elections in the Boards and shall fix the dates for filing of nomination papers, scrutiny, allotment of symbols and poll, etc.

Section 19E. Indirect elections

―(1) Election to the seats reserved for women, peasants , youth, workers and Non-Muslims shall immediately be held after the notification of the names of returned candidates on general seats.

(2) The members against seats reserved for women, peasants, youth, workers and Non-Muslims shall be elected through secret ballot by the directly elected members under section 19C.

(3) The elected members of a Board shall, amongst themselves, elect through secret ballot a vice-president of that Board.

Section 19F. Qualifications for candidates and elected members

―(1) A person shall qualify to be elected or to be chosen or to hold an elective office or membership of the Board, if he__

(a) is a citizen of Pakistan;

(b) is at least twenty-five years of age;

(c) is enrolled as a voter in the electoral roll of the relevant ward and, in case for reserved seats, in any electoral area for that Board;

(d) has not been by a competent court declared to be of unsound mind;

(e) is not in the service of the Federal Government, a Provincial Government or a local government or any statutory body or a b ody which is controlled by any

such Government or in which any of such. Governments has a controlling share or interest, except the h olders of elected public office and part time officials remunerated either by salary or fee:

Provided that the disqualification under this clause shall not apply to a person who has resigned or retired from such service and a period of not less than six months has elapsed since his retirement;

(f) has not been dismissed, removed or compulsorily retired from public service on grounds of moral turpitude;

(g) does not possess assets which are inconsistent with his declaration of assets or justifiable means, whether held in his o wn name or of his dependents or any other person or corporate body in whose name assets are held in trust or under any other formal or informal arrangement whereby the de facto control of such assets including their sale, transfer or pecuniary interest, is retained by him;

(h) has not been adjudged a willful-defaulter of any tax or other financial dues owed to the Federal Government, a Provincial Government or a local government or any financial institution, including utility bi lls outstanding for six months or more;

(i) has not been sentenced to imprisonment for a term of two years or more and in case of imprisonment for a term of two years or more, a period of five years has elapsed since his release;

(j) has not failed to file the required return of election expenses or is not convicted for exceeding the limits of elections expenses prescribed under the electoral laws;

(k) has not been by any court declared an undischarged insolvent or his application in this regard is not pending adjudication;

(l) does not engage in any transaction involving pecuniary interest with the Board of which he is a member;

(m) does not absent himself without re asonable cause from three consecutive meetings of the Board of which he is a member:

Provided that a member shall not be disqualified if the absence was necessitated by a national emergency or force majeure;

(n) has not been and is not involved in activities prejudicial to the ideology, interest, security, unity, solidarity, peace and integrity of Pakistan and its people and the good order and harmony of society; and

(o) takes oath within the specified period.

(2) Whoever―

(a) is found by the Election Commission to have contravened the provisions of sub- section (1) shall stand disqualified from being a candidate for election to a Board for a period of five years; or

Section 19G. Electoral rolls

(1) The Election Commission shall prepare electoral rolls in accordance with the provisions of the Elections Act, 2017 (XXXIII of 2017) and rules made thereunder for the purposes of election to a Board or general seats.

(2) The Election Commis sion may issue directions to adjust the electoral rolls or cause to prepare an electoral roll for any area forming part of a Board.

(3) The electoral rolls shall not be rendered invalid by reason of any erroneous de scription contained therein of any person listed or of an omission of the name of any person enti tled to be enrolled as a voter or of inclusion of the name of any person not so entitled.

Section 19H. Election to vacant seats

―(1) If a seat of a member becomes vacant during the term of office of a Board, a new member shall be elected through bye -elections and the member elected in bye-elections shall hold office for the remaining portion of the term of the Board.

(2) If any seat reserved for a member under section l9E through indirect electi on becomes vacant it shall be filled through bye -elections in the sa me manner applicable to the indirect election and the member so elected shall hold office for the residual period of the term of the member whose seat has become vacant.

(3) A vacancy of vice -president shall be filled through bye -election within sixty days of the occurrence of vacancy.

(4) When the office of vice-president falls vacant, the elected members of a Board shall, by a majority vote, elect an officiating vice-president from amongst the elected members of the Board.

Section 19I. Term of office

―(1) Subject to the provisions of this Act, a member of a Board shall hold office for a term of four years from the date of oath.

(2) On expiry of term of a Board, the Federal Government shall, by notificati on in the official Gazette, appoint till the holding of the elections a caretaker Board comprising officer commanding the station and two nominated members, one civil and one offic er of armed forces, as may be nominated by officer commanding the station.

l9J. Declaration of property .―Every elected member shall, before entering upon office submit to an officer authorized by the Federal Government in this behalf, and in such manner as the Federal Government may direct, a declaration in writing of properties, both movable and immovable, whether within or outside Pakistan, which he or any member of his family owns, or has in his possession or under his control, or in which he or any member of his family has any beneficial interest. Explanation.__For the purposes of this section, the expression “member of his family” in relation to a person, includes__

(a) the spouse of such person, and

(b) such of the children, parents, brothers and sisters as reside with and are wholly dependent upon such person.

l9K. Oath of office .―The vice -president and members shall , before entering upon their respective offices, make oath as may be prescribed.

Section 19L. Removal

―(1) Where proceedings of disqualification under sub -section (2) of section 19F have been initiated on an application made by any person or by the President on his own motion against a member or the vice-president, the President may issue to a member or, as the case may be, the vice-president a notice to show cause within a specified period as to w hy proceedings against him may not be taken for his removal for breach of any of the provisions of section l9F.

(2) Where the President is not satisfied with the reply to the notice to show cause referred to in sub-section (1) or any reply to the said notice is not submitted within the period fixed by him, he may order for an inquiry into the matter and for that purpose appoint an inquiry officer.

(3) On the basis of inquiry held under sub -section (2), the President shall submit thro ugh the administrative division the inquiry report along with his comments to the Election Commission for final decision:

Provided that no order of removal of a member or the vice -president against whom inquiry proceedings are carried out shall be passed without providing him the opportunity of being heard.

Section 19M. Resignation of member

―(1) A nominated or elected member who wishes to resign his office may submit his resignation in writing to the President of the Beard where upon the resignation shall be deemed, to have been accepted and effective forthwith.

(2) Copies of all resignations under sub -section (1) shall be forwarded by the President to the Election Commission and the administrative division for nomination or, as the case may be, election of another member in his place.

(3) Notwithstanding the resignation of a member under sub-section (1), the proceedings for his removal, if any, under section 19L, already initiated shall not abate.

l9N. Ineligibility for re -election.―Where a member or vice -president has been removed, recalled or disqualified, he shall not be eligible for re -election to any office of Board for a period of five years.

l9O. Notification to be issued .―The Election Commission shall notify every election, bye - election and result of such election and resignation, removal or recall of a member or vice -president, as the case may be.

l9P. Offences .―(1) A person guilty of bribery, personating or undue influence shall be punishable for an offence of corrupt practice with imprisonment for a term which may extend to three years, or with fine which may extend to fifteen thousand rupees, or with both.

(2) A person is guilty of bribery, if he, directly or indirectly, by himself or by another person on his behalf, ―

(a) receives, agrees or contracts for any gratification for voting or refraining from voting or for being or refraining from being a candidate at, or withdrawing or retiring from an election; or

(b) gives, offers or promises any gratification to any person for the purpose of

inducing__

(i) a person to be or to refrain from being a candidate at an election;

(ii) a voter to vote or refrain from voting at any election;

(iii) a candidate to withdraw or retire from an election;

(iv) for rewarding a person for having been or for having refrained from being a candidate at an election;

(v) for rewarding a voter for having voted or refrained from voting at an election; or

(vi) for rewarding a candidate for having withdrawn or retired from an election. Explanation.―In this section, ‘gratification’ includes a gratification in money or estimable in money and all forms of entertainment or employment for reward.

(3) A person is guilty of personating, if he votes or applies for a ballot paper for voting as some other person whether that other person is living or dead or fictitious.

(4) A person is guilty of undue influences, if he,__

(a) in order to compel any person to vote, refrain from voting or to induce or compel any person to withdraw his candidature at any election, directly or indirectly, by himself or by any other person on his behalf, ―

(i) makes or threatens to make use of any force violence or restraint;

(ii) inflicts or threatens to inflict any injury, damage, harm or loss;

(iii) uses any official influence or governmental patronage; or

(b) on account of any person having voted or refrained from vot ing, or having withdrawn his candidature, does any of the acts specified in clause (a); or

(i) impedes or prevents the free exercise of the franchise by a voter; or

(ii) compels, induces or prevails upon any voter to refrain from voting or compels any voter to vote.

(5) A person is guilty of illegal practice punishable with fine which may extend to one hundred thousand rupees, if he__

(a) obtains or procures, or attempts to obtain or procure , the assistance of any officer or official of the Federal Government, a Provincial Government or a local government or authority to further or hinder the election of a candidate;

(b) votes or applies for a ballot paper for voting at an election knowing that he is not qualified, for voting or is disqualified from voting;

(d) removes a ballot paper or a ballot box from a polling station or destroys, damages, tampers with the ballot box used at a polling station;

(e) knowingly induces or procures any person, to do any of the aforesaid acts; or

(f) fails to provide statement of election expenses as required under this Act;

(g) makes or publishes a false statement__

(i) concerning the personal character of a candidate or his relation calculated to adversely affect the election of such candidate or, for the purpose of promoting or procuring the election of another candidate, unless he proves that he had reasonable ground f or believing, and did believe, the statement to be true;

(ii) relating to the symbol of a candidate whether or not such symbol has been allocated to such candidate;

(iii) regarding the withdrawal of a candidate;

(h) knowingly, in order to support or oppose a candidate, lets, tends, employs, hires, borrows or uses any vehicle or vessel for the purpose of conveying voters to or from the polling station, except when a person conveys himself or any member of the household to which he belongs, to or from the polling station; or

(i) causes or attempts to cause any person present or waiting to vote at the polling station to depart without voting.

(6) A person is guilty of an offence punishable with fine which may extend to one hundred thousand rupees, if he, on the polling day in connection with the election__

(a) convene, calls or organizes within a ward any meeting: or

(b) within a radius of two hundred meters of the polling station__

(i) canvasses for votes;

(ii) solicits vote of any voter;

(ii) persuades an y voter not to vote at the election or for a particular candidate; or

(iv) exhibits, except with the permission of the Returning Officer and at a place reserved for the candidate or his polling agent beyond the radius of one hundred meters of the polling station, any notice, sign, banner or f lag designed to encourage the voter to vote, or discourage the voters from voting, for any contesting candidate.

(7) A person is guilty of an offence punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one hundred thousand rupees, or with both, if he__

(a) uses, in such manner as to be audible within the polling station any gramophone, megaphone, loudspeaker or other apparatus for reproducing or amplifying sounds;

(b) persistently shouts in such manner as to be audible within the polling station; or

(i) disturbs or causes annoyance to any voter visiting a polling station for the purpose of voting;

(ii) interferes with the p erformance of the duty of the presiding officer, polling officer or any other person performing any duty at a polling station; or

(iii) abets the doing of any of the aforesaid acts.

(8) A person is guilty of an offence punishable with imprisonment for a term which may extend to six months or with fine which may extend to two hundred thousand rupees, or with both, if he__

(a) fraudulently defaces or destroys any nomination paper or ballot paper;

(b) fraudulently takes out of the polling station any ballot paper or puts into any ballot box any ballot paper other than the ballot paper he is authorized under the rules to put in;

(i) supplies any ballot paper to any person;

(ii) destroys, takes, opens or otherwise interferes with any ballot box or packet or ballot paper in use for the purpose of election; or

(iii) breaks any seal affixed in accordance with the provisions of the rules; or

(d) causes any delay or interruption in the beginning, conduct or the completion of the procedure required to be immediately carried out on the close of the poll; or

(e) fraudulently or without due authority attempts to do any of aforesaid acts.

(9) A person is guilty of an offence punishable with imprisonment which may ext end to six months, or with fine which may extend to three hundred thousand rupees or with both, if he―

(a) interferes or attempts to interfere with a voter when he records his vote;

(b) in any manner obtains or attempts to obtain in a polling station infor mation as to the candidate for whom a voter in that station is about to vote or has voted, or

candidate for whom a voter in that station is about to vote or has voted.

(10) Any candidate or polling agent attending a polling station, or any person attending the counting of votes, is guilty of an offence punishable with imprisonment which may extend to six months or with fine which may extend to three hundred thousand rupees, or with both, if he__

(a) fails to maintain or aid in maintaining the secrecy of voting; or

(b) communicates any info rmation obtained at the counting of votes as to the candidate for whom any vote is given by any particular ballot paper.

(11) A presiding officer, polling officer or any officer or clerk performing a duty in connection with an election, or any member of a police force, is guilty of an offence punishable with imprisonment for a term which may extend to six months, or with fine which may extend to three hundred thousand rupees, or with both, if he, during the conduct or management of an election or maintenance of order at the polling station―

(a) persuades any person to give his vote;

(b) dissuades any person to give his vote;

(d) does any other act calculated to further or hinder the election of a candidate;

(e) fails to maintain or aid in maintaining the secrecy of voting;

(f) communicates, except for any purpose authorized by any law, to any person before the poll is closed any information as to the name or number on the electoral roll of any voter who has or has not applied for a ballot paper, or has or has not voted at a polling station; or

(g) communicates any information obtained at the counting of votes as to the candidate for whom any vote is given by any particular ballot paper.

(12) A presiding officer or any other person employed by any such officer in connection with his official duties imposed by or under this Act, is guilty of an offence punishable with fine which may extend to three hundred thousand rupees, if he, without reasonable cause does or omits to do an act to breach of any official duty.

(13) A person in the service of the Federal Government, a Provincial Government, a local government, or a body owned or controlled by the Federal Government or a Provincial Government is guilty of an offence punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred thousand rupees, or with both, if he, in any manner, gives any assistance calculated to further or hinder the election of a candidate.

Section 19Q. Summary trial

―All offences under this Chapter, except the offences under sub - sections (2), (3) and ( 4) of section l9P, shall be tried summarily under the provisions of the Code of Criminal Procedure; 1898 (Act V 1898).

l9R. Jurisdiction courts barred.―No court shall question the legality of any action taken in good faith by or under the authority of the Election Commission, the Commissioner, a returning officer, presiding officer or an assistant presiding officer or an y decision given by any of them or any other

officer or authority appointed under this Act or the rules made thereunder.

Section 19S. P ower to make rules

―The Federal Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Chapter.

Section 19T. Removal of nominated member

―Where the officer commanding the station makes a report to the effect that any nominated member, being a civil or military officer, is unable to discharge his duties for any reason, the Federal Government may, by order in writing, relieve such member of his office.

l9U. Ca sual vacancy i n the office of no minated member .__(1) Eve ry casual vacancy occurring in the office of a nominated member shall forthwith be reported to the secretary of the administrative division who shall, by notification in the official Gazette, declare the occurrence of such vacancy.

(2) A casual vacancy in the office of a nominated member shall be filled for the remainder of the term of such member by nominating another person in his place in the same manner in which such member was nominated.]

[1] Section 20. President and VicePresident

(1) The Officer Commanding the station, or the civil or military officer nominated in his place under section 13A, shall be the President of the Board.

(2) In every Board in which there is more than one elected member, there shall be a Vice‑President elected by the electe d members only from amongst their number in accordance with such procedure as the 2[Federal Government] may by rule prescribe.]

Section 21. Term of office of Vice -President

3[(1) 4[Unless he resigns his office under sub‑section

(2) or is removed under sub‑section (3), the term of office of a Vice‑President shall be 1[five years] or the residue of his term of office as a member, whichever is less.]]

(2) A Vice‑President may resign hi s office by notice in writing to the President and, on the resignation being accepted by the Board, the office shall become vacant. 4[(3) A Vice‑President may be removed from his office by the 2[Federal Government] at any time during the term of his office if a no‑confidence motion is passed against him by a two‑third majority of the elected members of the Board at a meeting specially convened for this purpose, and on such removal the office shall become vacant.]

1Subs. by Ordinance No. XXXVIII of 1960, s. 9 (with effect from the 16th May, 1960).

2Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.

3Subs. by Act No. XXIV of 1936, s. 8.

4Subs. by Act No. XXXIV of 1956, s. 4.

Section 22. Duties of President

(1) It shall be the duty of the President of every Board__

(a) unless prevented by reasonable cause, to convene and preside at all meetings of the Board and to regulate the conduct of business thereat ;

(b) to exercise supervision and control over the financial and executive administration of the Board ;

(c) to perform all the duties and exercise all the powers specifically imposed or conferred on the President by or under this Act ; and

(d) subject to any restrictions, limitations and conditions impose d by this Act, to exercise executive power for the purpose of carrying out the provisions of this Act and to be directly responsible for the fulfilment of the purposes of this Act.

(2) The President may, by order in writing, empower the Vice‑President to e xercise all or any of the powers and duties referred to in clause (c) of sub‑section (1) other than any power, duty or function which he is by resolution of the Board expressly forbidden to delegate.

(3) The exercise or discharge of any powers, duties or f unctions delegated by the President under this section shall be subject to such restrictions, limitations and conditions, if any, as may be laid down by the President and to the control of, and to revision by, the President.

(4) Every order made under sub‑section (2) shall forthwith be communicated to the Board and to the 1[Competent Authority].

Section 23. Duties of VicePresident

It shall be the duty of the Vice‑President of every Board__

(a) in the absence of the President and unless prevented by reasonable cau se, to preside at meetings of the Board and when so presiding to exercise the authority of the President under sub‑section (1) of section 22 ;

(b) during the incapacity or temporary absence of the President or pending his appointment or succession, to perf orm any other duty and exercise any other power of the President ; and

(c) to exercise any power and perform any duty of the President which may be delegated to him under subsection (2) of section 22.

Section 24. Duties of the Executive Officer

The Executive Officer shall perform all the duties imposed upon him by or under this Act, and shall be responsible for the custody of all the records of the 2[Board], and shall arrange for the performance of such duties relative to the proceedings of the Board or of any Committee of the Board or of any Committee of Arbitration constituted under this Act, as those bodies may respectively impose on him, and shall comply with every requisition of the 2[Board] on any matter pertaining to the administration of the cantonment.

1Subs. by Ordinance No. XLIV of 1979, s. 2.

2Subs. by Act No. XXIV of 1936, s. 69.

Section 25. Special power of the Executive Officer

The Executive Officer may, in cases of emergency, direct the execution of any work or the doing of any act which would ordinarily require the sanction of the 1[Board] and the immediate execution or doing of which is, in his opinion, necessary for the service or safety of the public, and may direct that the expense of executing such work or doing such act shall be paid from the cantonment fund:

Provided that__

(a) 1[* * *], he shall not act under this section without the previous sanction of the President or, in his absence, of the Vice‑President;

(b) he shall not act under this section in contravention of any order of the 1[Board] prohibiting the execution of any particular work or the doing of any particular act ; and

Section 26. 2[Omitted]

Section 27. 2[Omitted]

Section 28. 2[Omitted]

Section 29. 2[Omitted]

Section 30. 2[Omitted]

Section 31. 2[Omitted]

Members.

Section 32. Member not to vote on matter in which he is interested

No member of a Board shall vote at a meeting of the Board 3[or of any committee of the Board] on any question relating to his own conduct or on any matter, other than a matter affecting generally the inhabitants of the cantonment, which affects his own pe cuniary interest or the valuation of any property in respect of which he is directly or indirectly interested, or of any property of or for which he is a manager or agent.

Section 33. Liability of members

Every member of a Board shall be liable for the loss, wast e or misapplication of any money or other property belonging to the Board if such loss, waste or misapplication is a direct consequence of his neglect or misconduct while such member; and a suit for compensation for the same may be instituted against him e ither by the Board or by the 4[Federal Government].

Section 34. 5[Omitted]

Section 35. 5[Omitted]

1Subs. by Act No. XXIV of 1936, ss. 69 and 9.

2Omitted by Ordinance NO. XXXVIII of 1960, s.11. (with effect from the 16th May, 1960).

3Ins. by Act No. XXXI of 1940, s. 3.

4Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.

5Omitted by Act No. XLVII of 2023, s.8.

Servants.

Section 36. Disqualification of person as servant of Board

(1) No person who has directly or indirectly by himself or his partner any share or interest in a contract with, by or on behalf of a 1[Board] or in any employment under, by or on behalf of a 1[Board], otherwise than as a servant of the 1[Board], shall become or remain a servant of such 1[Board].

(2) A servant of a 1[Board] who knowingly acquires or continues to have directly or indirectly by himself or his partner any share or interest in a contract with, by or on behalf of the 1[Board] or, in any employment under, by or on behalf of, the 1[Board], otherwise than as a servant of the 1[Board], shall be deemed to have committed an offence under section 168 of the Pakistan Penal Code (XLV of 1860).

(3) Nothing in this section shall apply to any share or interest in any contract with, by or on behalf of, or employment under, by or on behalf of , a 1[Board] if the same is a share in a company contracting with, or employed by, or on behalf of, the 1[Board] or is a share or interest acquired or retained with the permission of the 2[Competent Authority] in any lease or sale to, or purchase by, the 1[Board]of land or buildings or in any agreement for the same. 1[(4) Every person applying for employment as a servant of a Board shall, if he is related by blood or marriage to any member of the Board or to any person, not being a menial servant, in receipt of remuneration from the Board, notify the fact and the nature of such relationship to the appointing authority before the appointment is made, and if he has failed to do so, his appointment shall be invalid but without prejudice to the validity of anything previously done by him.]

[3] Section 36A. Cantonment servant to be deemed a public servant

Every officer or serv ant, permanent or temporary, of a 1[Board] shall be deemed to be a public servant within the meaning of the Pakistan Penal Code, (XLV of 1860) and in the definition of “Legal remuneration” in section 161 of that Code the word “Government” shall, for the pu rpose of this section, be deemed to include a 1[Board].] Procedure.

Section 37. Meetings

(1) Every Board shall ordinarily hold at least one meeting in every month on such day as may be fixed, and of which notice shall be given in such manner as may be provided, by regulations made by the Board under this Chapter.

(2) The President may, whenever he thinks fit, and shall, upon a requisition in writing by not less than one‑fourth of the members of the Board, convence a special meeting.

(3) Any meeting may be adjourned until the next or any subsequent day, and an adjourned meeting may be further adjourned in like manner.

Section 38. Business to be transacted

Subject to any regulation made by the Board under this Chapter, any business may be transacted at any meeting:

1Subs. and ins. by Act No. XXIV of 1936, ss. 69 and 13.

2Subs. by Ordinance No. XLIV of 1979, s. 2.

4Ins. by Act No. VII of 1925, s.5.

Section 39. Quorum

(1) The quorum necessary for the transaction of business at a meeting of a Board 1[in which there is more than one elected member] shall be five or one‑half of the number of members of the Board actually holding office at the time, whichever is the greater number : 1[* * * * * * *] 1[(lA) The quorum necessary for the transaction of business at a meeting of a Board constituted under 2[sub‑section (3) of section 13A] or under sub‑section (1) of section 14, shall be two.]

(2) If a quorum is not present, the President shall adjourn the meeting and the business which would have been brought before the original meeting if there had been a quorum present thereat shall be brought before, and may be transacted at, an adjourned meeting, whether there is a quorum present or not.

[1] Section 40. Presiding officer

In the absence of__

(a) both the President and the Vice‑President from any meeting of a Board in which there is more than one elected member,

(b) the President from a meeting of a Board constituted under 2[sub‑section (3) of section 13A] or sub‑section (1) of section 14, the members present shall elect one from among their own number to preside.]

Section 41. Minutes

(1) Minutes of the proceedings of each m eeting shall be recorded in a book and shall be signed by the President before the close of the meeting, and shall, at such times and in such place as may be fixed by the Board, be open to inspection free of charge by any inhabitant of the cantonment.

(2) Copies of the minutes shall, as soon as possible after each meeting, be forwarded for information to 3[the 4[Competent Authority]], 5[Officer Commanding the garrison area, the Director General, Director] 1[and the Military Estates Officer].

Section 42. Meetings to be Public

Every meeting of a Board shall be open to the public unless in any case the President, for reasons to be recorded in the minutes, otherwise directs.

Section 43. Method of deciding questions

(1) All questions coming before a meeting shall be decided by the majority of the votes of the members present and voting.

(2) In the case of an equality of votes, the President shall have a second or casting vote.

2Subs. by Ordinance No. XXVIII of 1960), s. 13. (with effect from the 16th May, 1960).

3Ins. by Act No. XXV of 1926, s. 3.

4Subs. by Ordinance No. XLIV of 1979, s. 2.

5Subs. by Act No. XLVII of 2023, s.9.

(3) The dissent of any member from any decision of the Board shall, if the member so requests, be entered in the minutes, together with a short statement of the grounds for such dissent.

[1] Section 43A. Committees or Bazars

(1) Every Board constituted under 2[section 13A] in a Class I Cantonment 3[Class II Cantonment or Class III Cantonment] shall appoint a committee consisting of the elected members of the Board, the Health Officer and 3[, in the case of a Class I Cantonment or Class II Cantonment, the Maintenance Engineer] for the administration of such areas in the cantonment as the 4[Federal Government] may by notification in the 5[official Gazette], declare to be bazar areas, and may delegate its powers and duties to such committee in the manner provided in clause (e) of sub‑section (1) of section 44.

(2) The Vice‑President of the Board shall be the Chairman of the committee appointed under sub‑section (1).]

[6] Section 43B. Local reconciliation or maqami masalihat committee

―The secretary of administrative division may constitute a local reconciliation o r maqami masalihat committee in the cantonment areas on the basis of consensus for amicable resolution of disputes and for performing such other socio-economic functions as may be prescribed by rules made under this Act.]

Section 44. Power to make regulations

(1) A Board may make regulations consistent with this Act and with the rules made thereunder to provide for all or any of the following matters, namely :__

(a) the time and place of its meetings ;

(b) the manner in which notice of the meeting shall be given ;

(d) the custody of the common seal of the Board and the purposes for which it shall be used ; and

(e) the appointment of committees for any purpose and the determi nation of all matters relating to the constitution and procedure of such committees, and the delegation to such committees, subject to any conditions which the Board thinks fit to impose, of any of the powers or duties of the Board under this Act other than a power to make regulations or bye‑laws.

(2) No regulation made under clause (e) of sub‑section (1) shall take effect until it has been approved by the 4[Federal Government].

(3) No regulation made under this section shall take effect until it has been p ublished in such manner as the 4[Federal Government] may direct.

1Ins. by Act No. XXIV of 1936, s. 17.

2Subs. by Ordinance No. XXXVIII of 1960, s. 14. (with effect from the 16th May, 1960).

3Subs. by Ordinance No. XLIV of 1979, s. 9.

4Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.

5Subs. by A.O., 1937.

6Subs. by Act No. XLVII of 2023, s.10.

Section 45. Joint action with other local authority

(1) A 1[Board] may__

(a) Join with any other local authority__

(i) in appointing a joint committee for any purpose in which they are jointly interested and in appointing a chairman of such committee;

(ii) in delegating to such committee power to frame terms binding on the 1[Board] and such other local authority as to the construction and future maintenance of any joint work or to exercise any power which might be exercised by 1[the Board or by such other local authority] ; and

(iii) in making rules for regulating the proceedings of any such committee relating to the purposes for which it has been appointed ; or

(b) with the previous sanction of 1[the 2[Competent Authority] and] the 3[Provincial Government concerned], enter into an agreement with any other local authority regarding the levy of any tax or toll whereby the said tax or toll respectively leviable by the 3[Board and by such other local authority] may be levied together instead of separately within the limits of the aggregate area comprising the areas subject to the control of the 3[Board and such other local authority].

(2) If any difference of opinion arises between any 3[Board and other local authority] acting together under this section, the decision thereon of the 4[Federal Government] or of an officer appointed by the 4[Federal Government] in this behalf shall be final.

(3) When any agreement such as is referred to in clause (b) of sub-section (1) has been entered into, then__

(a) where the agreement relates to an octroi or terminal tax or toll, the other local authority with which the 1[Board] has made such agreement shall have the same powers to establish octroi limits and octroi stations and places for the collection of the terminal tax and terminal toll within the cantonment, as it has within the area ordinarily subject to its control;

(b) such other local authority shall have the same power of collecting such tax or toll in the cantonment, and the provisions of any enactment in force relating to the levy of such tax or toll by such other local authority shall apply in the same manner, as if the cantonment were comprised within the area ordinarily subject to its control ; and

(c) the total of the collection of such tax and toll made in the cantonment and in the area ordinarily subject to the control of such other local authority and the costs thereby incurred shall be divided between the cantonment fund and the fund subject to the control of such other local authority, in such prop ortion as may have been determined by the agreement.

1Subs. and ins. by Act No. XXIV of 1936, ss. 69 and 18.

2Subs. by Ordinance No. XLIV of 1979, s. 2.

3Subs. by A.O., 1937.

4Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.

[1] Section 45A. Report on administration

Every board shall, as soon as may be after the close of the year and not later than the date fixed in this behalf by the 2[Federal Government], submit to the 2[Federal Government] through the 3[Competent Authority], a report on the administration of the cantonment during the preceding financial year, in such form and containing such details as the 2[Federal Government] may direct. The comments, if any, of the 3[Competent Authority], on such report shall be communicated by him to the Board which shall be allowed a reasonable time to furnish a reply thereto, and the comments together with the reply, if any, shall be forwarded to the 2[Federal Government] alongwith the report. Control.

Section 46. Power of 2[Federal Government] to require production of documents

The 2[Federal Government] 2[* * *] may at any time require a 1[Board]__

(a) to produce any record, correspondence, plan or other document in its possession or under its control;

(b) to furnish any return, plan, estimate, statement, account or statistics relating to its proceedings, duties or works;

Section 47. Inspection

The 4[2[Federal Government] or the 3[Competent Authority] may depute any person in the service of the 5[State] to inspect or examine any department of the office of, or any service or work undertaken by, or thing belonging to, a 1[Board], and to report thereon, and the 1[Board] and its offic ers and servants shall be bound to afford the person so deputed access at all reasonable times to the premises and property of the 1[Board] and to all records, accounts and other documents the inspection of which he may consider necessary to enable him to discharge his duties.

Section 48. Power to call for documents

1[The 3[Competent Authority] may, by order in writing,__

(a) call for any book or document in the possession or under the control of the 1[Board] ;

(b) require the 1[Board] to furnish such statements, accounts, reports and copies of documents relating to its proceedings, duties, or works as he thinks fit.

Section 49. Power to require execution of work, etc

If, on receipt of any information or report obtained 1[under section 46 or section 47] or section 48, the 4[2[Federal Government] or the 3[Competent Authority]] is of opinion__

(a) that any duty imposed on a 1[Board] by or under this Act has not been performed or has been performed in an imperfect, inefficient or unsuitable manner, or

1Ins and subs.by Act No. XXIV of 1936, ss. 19,20,21 and 69.

2Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.

3Subs. by Ordinance No. XLIV of 1979, s. 2.

4Subs. by Act No. XXXV of 1926.

5Subs. by Central Laws (Adaptation) Order, 1961 (P.O No. 1 of 1961), Art. 2 and Sch. (with effect from the 23rd March, 1956).

(b) that adequate financial provision has not been made for the performance of any such duty;

1[it or] he may, 2[* * * ] direct the 3[Board], within such period as 1[it or] he thinks fit, to make arrangements to 1[its or] his satisfaction for the proper performance of the duty, or, as the case may be, to make financial provision to 1[its or] his satisfaction for the performance of the duty:

Provided that, unless in the opinion of the 4[1[Federal Government] or the 5[Competent Authority] as the case may be], the immediate execution of such order is necessary, 5[it or] he shall, before making any direction under this section, give the 3[Board] an opportunity of showing cause why such direction should not be made.

Section 50. Power to provide for enforcement of direction under section 49

If, within the period fixed by a direction made under section 49, any action the taking of which has been directed under that section has not been duly taken, the 4[ 1[Federal Government] or th e 5[Competent Authority] as the case may be,] may make arrangements for the taking of such action, and may direct that all expenses connected therewith shall be defrayed out of the cantonment fund.

Section 51. Power to override decision of Board

(1) If the Presi dent dissents from any decision of the Board, which he considers prejudicial to the health, welfare or discipline of the troops in the cantonment, he may, for reasons to be recorded in the minutes, by order in writing, direct the suspension of action thereon for any period not exceeding one month and, if he does, so, shall forthwith refer the matter to the 5[Competent Authority] 7[* * * * * * *], who may make such recommendations thereon as he thinks fit.

(2) If the 7[Director General] considers any decision of a 3[Board] to be 7[prejudicial to the interest of the cantonment], he may, after giving notice in writing of his intention to the 3[Board], refer the matter to the 7[secretary administrative division] ; and, pending the disposal of the reference to the 7[secretary administrative division], no action shall be taken on the decision.

(3) 7[* * * * * * *]

Section 52. Power of 5[Competent Authority] on reference under section 51 or otherwise

(1) The 5[Competent Authority], may at any time 8[* * *]__

(a) direct that any matter or any specific proposal other than one which has been referred to the 7[secretary administrative division ] under sub -section (2) of section 51 be considered or re-considered by the 3[Board] ; or

1Ins. by the Federal Adaptation of Laws Orders, 1975 (P. O No. 4 of 1975), Art. 2 and Table.

2Omitted, by A.O., 1937.

3Subs. by Act No. XXIV of 1936, s. 69.

4Subs. by Act No. XXXV of 1926.

5Subs. by Ordinance No. XLIV of 1979, s. 2.

6Ins. by A.O., 1937.

7Omitted and Subs. by Act XLVII of 2023, ss.11 and 12.

8Omitted by Act No. VII of 1931, s. 3.

(2) When any decision of a Board has been referred to him under sub-section (1) of section 51, the 2[Competent Authority] may, by order in writing,__

(a) cancel the order given by the President directing the suspension of action ; or

(b) extend the duration of the order for such period as he thinks fit; or 1[(c) after giving the Board a reasonable opportunity of showing cause why such direction should not be made, direct that the decision shall not be carried into effect or that it shall be carried into effect by the Board with such modifications as he may specify.]

Section 53. Powers of 3[secretary administrative division] on a reference made under section 51

When any decision of a 1[Board] has been referred to the 3[secretary administrative division ] under sub-section (2) of secti on 51, the 3[secretary administrative division ] may, after consulting the 2[Competent Authority] by order in writing,__

(a) direct that no action be taken on the decision ; or

(b) direct that the decision be carried into effect either without modification or with such modifications as it may specify.

Section 54. Supersession of Board

(1) If, in the opinion of the 4[Federal Government], any Board is not competent to perform or persistently makes default in the performance of the duties imposed on it by or under this Act or otherwise by law, or exceeds or abuses its powers, the 4[Federal Government] may, 5[* * *] by an order published, together with the statement of the reasons therefor, in the 5[official Gazette], declare the Board to be incompetent or in default or to have exceeded or abused its powers , as the case may be, and supersede it for such period as may be specified in the order :

Provided that no Board shall be superseded unless a reasonable opportunity has been given to it to show cause against the supersession.

(2) When a Board is superseded by an order under sub-section (1)__

(a) all members of the Board shall, on such date as may be specified in the order, vacate their offices as such members but without prejudice to their eligibility for election or nomination under clause (c) ;

1Subs. by Act No. XXIV of 1936, ss. 69 and 22.

2Subs. by Ordinance No. XLIV of 1979, s. 2.

3Subs. by Act No. XLVII of 2023, s.13.

4Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.

5Omitted by A.O. 1937.

(c) before the expiry of the period of supersession elections shall be held and nominations made for the purpose of reconstituting the Board. Validity of Proceedings.

Section 55. Validity of proceedings, etc

(1) No act or proceeding of a Board or of any committee of a Board shall be invalid by reason only of the existence of a vacancy in the Board or committee.

(2) No disqualification or defect in the election, nomination or appointment of a person acting as the President or a member of a Board or of any such committee shall vitiate any act or proceeding of the Board or committee if the majority of the persons present at the time of the act being done or the proceeding being taken were duly qualified members thereof.

(3) Any document or minutes which purport to be the record of the proceedings of a Board or of any committee of a Board shall, if made and signed substantially in the manner prescribed for the making and signing of the record of su ch proceedings, be presumed to be a correct record of the proceedings of a duly convened meeting, held by a duly constituted Board or committee, as the case may be, whereof all the members were duly qualified. ______

CHAPTER IV.

SPIRITUOUS LIQUORS AND INTOXICATING DRUGS.

Section 56. Unauthorised sale of spirituous liquor or intoxicating drug

If within a cantonment, or within such limits adjoining a cantonment as the 2[Federal Government] may, by notification in the 3[official Gazette] define, any person not subjec t to military or air-force law or any person subject to military or air -force law otherwise than as a military officer or a soldier knowingly barters, sells or supplies, or offers or attempts to barter, sell or supply, any spirituous liquor or intoxicating drug to or for the use of any soldier or follower or soldier’s wife or minor child without the written permission of the 1[Officer Commanding the station] or of some person authorised by the 1[Officer Commanding the station] to grant such permission, he shall be punishable with fine which may extend to one hundred 4[thousand] rupees, or with imprisonment for a term which may extend to three months, or with both.

Section 57. Unauthorised possession of spirituous liquor

If within a cantonment, or within any limits defined under section 56,__

(a) any person subject to military or air -force law otherwise than as a military officer or a soldier, or

(b) the wife or servant of any such person or of a soldier,

1Subs. by Act No. VII of 1925, s. 14.

2Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.

3Subs. by A.O., 1937.

4Ins. by Act No. XLVII of 2023, s.14.

Section 58. Arrest of persons and seizure and confiscation of things for offences against the two last foregoing secti ons

(1) Any police officer or excise officer may, without an order from a Magistrate and without a warrant, arrest any person whom he finds committing an offence under section 56 or section 57, and may seize and detain any spirituous liquor or intoxicating drug in respect of which such an offence has been committed and any vessels or coverings in which the liquor or drug is contained.

(2) Where a person accused of an offence under section 56 has been previously convicted of an offence under that section, an officer in charge of a police station may, with the written permission of a 4[Magistrate of the first class], seize and detain any spirituous liquor or intoxicating drug within the cantonment or within any limits defined under that section which, at the time of the alleged commission of the subsequent offence, belonged to, or was in the possession of, such person.

(3) The Court convicting a person of an offence under section 56 or section 57 may order the confiscation of the whole or any part of anything seized under sub-section (1) or sub-section(2).

(4) Subject to the provisions of Chapter XLIII of the Code of Criminal Procedure, 1898 (V of 1898), anything, seized under sub-section (1) or sub-section (2) and not confiscated under sub-section

(3) shall be restored to the person from whom it was taken.

Section 59. Saving of articles sold or supplied for medicinal purposes

The foregoing provisions of this Chapter shall not apply to the sale or supply of any article in good faith for medicinal purposes by a medical practitioner, chemist or druggist authorised in this behalf by a general or special order of the 2[Officer Commanding the station]. _______

CHAPTER V.

TAXATION.

(2) Any tax imposed under this section shall take effect from the date of its notification in the 6[official Gazette].]

1Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.

2Subs. by Act No. VII of 1925, s. 14.

3Ins. and subs. by Act No. XLVII of 2023, ss.15 and 16.

4Subs. by Federal Laws (Revision and Declaration) Ordinance, 1981 (Ordinance No. XXVI of 1981), s.3 and Sch. II.

5Subs. by Act XXIV of 1936, s. 23.

6Omitted and subs. by A.O., 1937.

7Subs. by A.O., 1937.

[1] Section 61. Framing of preliminary proposals

When a resolution has been passed by the Board proposing to impose a tax, fee, toll or any other charge under section 60, the Board shall in the manner prescribed in section 255 publish a notice specifying―

(a) the tax, fee, toll or any other charge which it proposed to impose;

(b) the persons or classes of persons to be made liable and the descripti on of the property or other thing or circumstance in respect of which they are to be made liable;

(d) the incidence at which the tax, fee, rate, rent, toll or other charge is to be levied; and

(e) the rate at which the tax, fee, toll or any other charge is to be levied.]

[1] Section 62. Objections and disposal thereof

(1) Any inhabitant of the cantonment may, within thirty days from the publication of the notice under section 61, submit to the Board an objection in writing to all or any of the proposals contained therein.

(2) The Board shall take all the objections into consideration and pass orders thereon by special resolution.

(3) The Board while passing an order under sub-section (2) may__

(a) accept all or any of the objections and modify the proposal made under section 61 accordingly; or

(b) reject the objections and maintain the original proposal made under section 61.]

[1] Section 63. Imposition of tax, fee, toll etc

The Board, after passing an order under sub-section (2) of section 62, may impose the tax, fee, toll or any other charge so proposed.]

Section 64. Definition of “annual value”

For the purposes of this Chapter, “annual value” means__

(a) in the case of 1[* * * * * * *] buildings which a 2[Board] decides to assess under this clause, one-twentieth of the sum obtained by adding the estimated present cost of erecting the building to the estimated value of the land appertaining thereto, and

(b) in the case of a building or land not assessed under clause (a), the gross annual rent for which such building (exclusive of furnitu re or machinery therein) or such land is actually let or, where the building or land is not let or in the opinion of the 2[Board] is let for a sum less than its fair letting value, might reasonably be expected to let from year to year:

1Subs. and omitted by Act No. XLVII of 2023, ss.17, 18,19 and 20.

2Subs. by Act No. XXIV of 1936, s. 69.

65. Incidence of taxation. (1) Save as otherwise expressly provided in the notification imposing the tax, every tax 2[assessed] on the 3[annual rental value] of buildings or lands or of both shall be leviable primarily upon the actual occupier of the property upon which the said tax is assessed, if he is the owner of the buildings or lands or holds them on a building or other lease 1[granted by or on behalf of the 4[Government] or] the 1[Board] or on a building lease from any person.

(2) In any other case, the tax shall be primarily leviable as follows, namely:__

(a) if the property is let, upon the lessor ;

(b) if the property is sub-let, upon the superior lessor ;

(3) On failure to recover any sum due on account of such tax from the person primarily liable, there may be recovered from the occupier of any part of the buildings or lands in respect of which the tax is due such portion of the sum due as bears to the whole amount due the same ratio which the rent annually payable by such occupier bears to the aggregate amount of rent so payable in respect of the whole of the said buildings or lands, or to the aggregate amount of the letting value thereof, if any, stated in the authenticated assessment list.

(4) An occupier who makes any payment for which he is not primarily liable under this section shall, in the absence of any contract to the contrary, be entitled to be reimbursed by the person primarily liable for the payment, and, if so entitled, may deduct the amount so paid from the amount of any rent from time to time becoming due from him to such person. Assessment List.

Section 66. Assessment list

When a tax 2[assessed] on the 3[annual rental value] of buildings or lands or both is imposed, the 1[Board] shall cause an assessment list of all buildings or lands in the cantonment, or of both, as the case may be, to be prepared in such form as the 5[Federal Government] may by rule prescribe.

Section 67. Publication of assessment list

When the assessment list has been prepared, the 1[Board] shall give public notice thereof, and of the place where the list or a copy thereof may be inspected, and every person claiming to be the owner, lessee or occupier of any property included in the list, and any authorised agent of such person, shall be at liberty to inspect the list and to make extracts there from free of charge.

1Subs. by Act No. XXIV of 1936, ss. 69 and 25.

2Ins. by Act No. XXVI of 1927, ss. 7 and 8.

3Subs. by Act No. XLVII of 2023, ss.21 and 22.

5Subs. by A.O., 1961, Art. 2 (with effect from the 23rd March, 1956).

6Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.

Section 68. Revision of assessment list

(1) The 1[Board] shall, at the same time, give public notice of a date, not less than one month thereafter, when it will proceed to consider the valuations and assessments entered in the assessment list, and, in all cases in which any property is for the first time assessed 2[* * * * * * * ], it shall also give written notice thereof to the owner and to any lessee or occupier of the property.

(2) Any objection to a valuation or assessment shall be made in writing to the 1[Board] before the date fixed in the notice, and shall state in what respect the valuation or assessment is disputed, and all objections so made shall be recorded in a register to be kept for the purpose by the 1[Board].

(3) The objections shall be inquired into and investigated, and the persons making them shall be allowed an opportunity of being heard either in person or by authorised agent, by an Assessment Committee appointed by the 1[Board].

(4) The Assessment Committee shall consist of not less than three persons, and, 1[* * *] it shall not be necessary to appoint to the Assessment Committee any member 1[of the Board].

Section 69. Authentication of assessment list

(1) When all objections made under section 68 have been disposed of, and the revision of the valuation and assessment has been completed, the assessment list shall be authenticated by the signature of the members of the Assessment Committee who shall, at the same time, certify that they have considered all objections duly made and have amended the list so far as is required by their decisions on such objections.

(2) The assessment list so authenticated shall be deposited in the office of the 1[Board], and shall there be open, free of charge, during office hours to all owners, lessees and occupiers of property comprised therein or the authorised agents of such persons, and a public notice that it is so open shall forthwith be published.

Section 70. Evidential value of assessment list

Subject to such alterations as may thereafter be made in the assessment list under the provisions of this Chapter and to the result of any appeal made thereunder, the entries in the assessment list authenticated and deposited as provided in section 69 shall be accepted as conclusive evidence__

(i) for the purpose of assessing any tax imposed under this Act, of the annual value or other valuation of all buildings and lands to which such entries respectively refer, and

(ii) for the purposes of any tax imposed on buildings or lands, of the amount of each such tax leviable thereon during the year to which such list relates.

Section 71. Amendment of assessment list

1[(1) The Board may amend the assessment list at any time__

(a) by inserting or omitting the name of any person whose name ought to have been or ought to be inserted or omitted, or

1Subs. and omitted by Act No. XXIV of 1936, ss. 69, 26 and 27.

2Omitted by Act No. XLVII of 2023, s.23.

(b) by inserting or omitting any property which ought to have been or ought to be

inserted or omitted, or

(c) by altering the assessment on any property which has been erroneously valued or assessed through fraud, accident or mistake, whether on the part of the Board or of the Assessment Committee or of the assessee, or

(d) by revaluing or re-assessing any property the value of which has been increased, or

(e) in the case of a tax payable by an occupier, by changing the name of the occupier 1[.] 1[* * * * * * *]] 2[(1A) Before making any amendment under sub-section (1) the Board shall give to any person affected by the amendment notice of not less than one month that it proposes to make the amendment.]

(2) Any person interested in any such amendment may tender an objection to the 2[Board] in writing before the time fixed in the notice, and shall be allowed an opportunity of being heard in support of the same in person or by authorised agent.

Section 72. Preparation of new assessment list

The 2[Board] shall prepare a new assessment list at least once in every three years, and for this purpose the provisions of sections 66 to 71 shall apply in like manner as they apply for the purpose of the preparation of an assessment list for the first time.

Section 73. Notice of transfers

(1) Whenever the title of any person primarily liable for the payment of a tax on the 1[annual rental value] of any building or land to or over such building or land is transferred, the person whose title is transferred and the person to whom the same is transferred shall, within three months after the execution of the instrument of transfer or after its registration, if it is registered, or after the transfer is effected, if no instrument is executed, give notice of such transfer to the Executive Officer.

(2) In the event of the death of any person primarily liable as aforesaid, the person on whom the title of the deceased devolves shall give notice of such devolution to the Executive Officer within six months from the death of the deceased.

(3) The notice to be given under this section shall be in such form as the Executive Officer may direct, and the transferee or other person on whom the title devolves shall, if so required, be bound to produce before the Executive Officer any documents evidencing the transfer or devolution.

(4) Every person whom makes a transfer a s aforesaid without giving such notice to the Executive Officer shall continue liable for the payment of all taxes assessed on the property transferred until he gives notice or until the transfer has been recorded in the registers of the 2[Board], but nothing in this section shall be held to affect the liability of the transferee for the payment of the said tax.

1Subs. and omitted by Act No. XLVII of 2023, ss.24 and 25.

2Ins. by the Act No. XXIV of 1936, ss. 27 and 69.

74. Notice of erection of buildings. (1) If any buildin g is erected or re -erected within the meaning of section 179, the owner shall give notice thereof to the Executive Officer within thirty days from the date of its completion or occupation, whichever is earlier.

(2) Any person failing to give the notice req uired by sub-section (1) shall be punishable with fine which may extend to fifty 3[thousand] rupees or 3[one time] the amount of the tax payable on the said building, as erected or re-erected, as the case may be, in respect of a period of 3[one year] , whichever is greater. Remission and Refund.

Section 75. Demolition, etc., of buildings

If any building is wholly or partly demolished or destroyed or otherwise deprived of value, the 1[Board] may, on the application 4[in writing] of the owner 1[or occupier], remit or refund such portion of 5[any tax assessed on the 3[annual rental value] thereof] as it thinks fit.

Section 76. Remission of tax

In a cantonment 1[* * *], when any building or land has remained vacant and unproductive of rent for 1[sixty] or more consecutive days 1[* * * ], the 1[Board] shall remit or refund, as the case may be, such portion of 1[any tax assessed on the 3[annual rental value] thereof and payable] as may be proportionate to the number of days during which the said building or land has remained vacant and unproductive of rent: 6[Provided that in any cantonment which the 7[Federal Government], by notification in the official Gazette, has declared to be a hill cantonment and in respect of which the 7[Federal Government] by the same or a like notification has declared a portion of the year to be the season for the cantonment, when any building or land is leased for occupation through the season only, but the rent charged is the full annual rent, no remission or refund shall be admissible under this section in respect of any time outside the season during which the building or land remains vacant, but in respect of any time, not being less than sixty consecutive days during which within the season such building or land has remained vacant and unproductive of rent, the Board shall remit or refund such portion of any tax assessed on the 3[annual rental value] thereof as bears to the whole of the tax so assessed the same proportion as the number of days during which the building or land has remained vacant and unproductive of rent bears to the total length of the season.]

1Ins. subs. and omitted by Act No. XXIV of 1936, ss. 28, 29,30 and 69.

2Subs. by the Repealing and Amending Act , 1940 (Act No. XXXII of 1940), s. 3 and 2nd Sch.

3Ins. and Subs. by Act No. XLVII of 2023, ss.26 and 27.

4Ins. by Act No. VII of 1931, s. 4.

5Subs. by Act No. XXVI of 1927, s. 9.

6Added by Act No. XV of 1942, s. 7.

7Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.

Section 77. Power to require entry in assessment list of details of building

For the purpose of obtaining a partial remission or refund of tax, the owner of a building composed of separate tenements may request the 1[Board], at the time of the assessment of the building, to enter in the assessment list, in addition to the 2[annual rental value] of the whole building, a note recording in detail the 2[annual rental value] of each separate tenement. When any tenement, the 2[annual rental value] of which has been thus separately recorded, has remained vacant and unproductive of rent for 1[sixty] or more consecutive days 1[* * *], such portion of 3[any tax assessed on the 2[annual rental value] of the whole building 1[* * *] shall be remitted or refunded as would have been remitted or refunded if the tenement had been separately assessed.

[3] Section 77A. ] Notice to be given of the circumstances in which remission or refund is claimed

3[No remission or refund under 4[* *] section 76, or section 77] shall be made unless notice in writing of the 4[fact that the building, land or tenement has become vacant and un-productive of rent] has been given to the 1[Board], and no remission or refund shall take effect in respect of any period commencing more than fifteen days before the delivery of such notice.

Section 78. What buildings, etc., are to be deemed vacant

(1) For the purposes of sections 76 and 77 no building, tenement or land shall be deemed vacant if maintained as a pleasure re sort or town or country house, or be deemed unproductive of rent if let to a tenant who has a continuing right of occupation thereof, whether he is in actual occupation or not.

(2) The burden of proving all facts entitling any person to claim relief under section 75, or section 76, or section 77, shall be upon him.

Section 79. Notice to be given of every occupation of vacant building or house

(1) The owner of any building, tenement or land in respect of which a remission or refund of tax has been given under section 76 or section 77 shall give notice of the re -occupation of such building 5[tenement] or land within fifteen days of such re-occupation.

(2) Any owner failing to give the notice required by sub -section (1) shall be punishable with fine which shall not be less than twice the amount of the tax payable on such building, tenement or land in respect of the period during which it has been re -occupied and which may extend to 2[five thousand] rupees, or to ten times the amount of the said tax, whichever sum is greater. Charge on Immoveable Property.

Section 80. Tax on buildings and land to be a charge thereon

A tax assessed on the 2[annual rental value] of any building of land shall, subject to the prior payment of the land-revenue, if any due to the Government thereon be a first charge upon the building or land.

1Subs. omitted and repealed by Act No. XXIV of 1936, ss. 69 and 30.

2Subs. by Act No. XLVII of 2023, ss.27,28 and 29.

3Subs. by Act No. XXVI of 1927, s. 11.

4Repealed and subs. by Act No. VII of 1931, s. 5.

5Ins. by the Repealing and Amending Act, 1936 (Act No. XXIV of 1936), s. 2, and 1st Sch.

Octroi, Terminal Tax and Tool.

Section 81. Inspection of imported goods, etc

Every person bringing or receiving any goods, vehicles or animals within the limits of any cantonment in which octroi or terminal tax or toll is leviable, shall, when so required by an officer duly authorized by the 1[Board] in this behalf, so far as may be necessary for ascertaining the amount of tax chargeable__

(a) permit that officer to inspect, examine or weigh such goods, vehicles or animals ; and

(b) communicate to that officer any information, and exhibit to him any bill, invoice or document of a like nature, which such person may possess relating to such goods, vehicles or animals.

Section 82. Evasion of octroi or terminal tax

(1) Any person who takes or attempts to take past any octroi station or any other place appointed within a cantonment for the collection of octroi, terminal tax or toll any goods, vehicles or animals, on account of which octroi, terminal tax or toll is leviable and thereby evades, or attempts to evade, the payment of such octroi, terminal tax or toll, and any person who abets any such evasion or attempt at evasion, shall be punishable with fine which may extend either to ten times the value of such octroi, terminal tax or toll, or to 2[five thousand] rupees, whichever is greater and which shall not be less than twice the value of such octroi, terminal tax or toll, as the case may be.

(2) In case of non -payment of any octroi or terminal tax or toll on demand, the officer empowered to collect the same may seize any goods, vehicles or animals on which the octroi, terminal tax or toll is chargeable or any part or number thereof which is of sufficient value to satisfy the demand 1[and shall give a receipt specifying the items seized].

(3) The 1[Board], after the lapse of five days from the seizure, and after the issue of a notice in writing to the person in whose possession the goods, vehicles or animals were at the time of seizure, fixing the time and place of sale, may cause the property so seized, or so much thereof as may be necessary, to be sold by auction to satisfy the demand and a ny expenses occasioned by the seizure, custody and sale thereof, unless the demand and expenses are in the meantime paid:

Provided that the Executive Officer may, in any case, order that any article of a perishable nature which cannot be kept for five days without serious risk of damage, or which cannot be kept save at a cost which, together with the amount of octroi, terminal tax or toll, is likely to exceed its value, shall be sold after the lapse of such shorter time as he may, having regard to the natur e of the article, think proper.

(4) If at any time before the sale has begun, the person whose property has been seized tenders to the Executive Officer the amount of all expenses incurred and of the octroi, terminal tax or toll, the Executive Officer shall release the property seized.

(5) The surplus, if any, of the sale-proceeds shall be credited to the cantonment fund, and shall, on application made to the 1[Board] within one year after the sale, be paid to the person in whose possession the property was at the time of seizure, and, if no such application is made, shall be the property of the 1[Board].

1Subs. and ins. by Act No. XXIV of 1936, ss. 69 and 31.

2Subs. by Act No. XLVII of 2023, s.30.

(a) be bound by any orders made by the 1[Board] for their guidance;

(b) have such powers exercisable by officers or servants of the 1[Board] under this Act as the 1[Board] may confer upon them ; and

(c) be entitled to the same remedies and be subject to the same responsibilities as if they were employed by the 1[Board] for the management and collection of the octroi, terminal tax or toll, as the case may be:

Provided that no article distrained may be sold except under the orders of the 1[Board]. Appeals.

Section 84. Appeals against assessment

(1) An appeal against the assessment or levy of, or against the refusal to refund, any tax under this Act shall lie to the 3[regional director] 3[.] 3[* * * * * * *]

(2) If, on the hearing of an appeal under this section, any question as to the liability to, or the principle of assessment of, a tax arises on which the officer hearing the appeal entertains reasonable doubt, he may, either of his own motion or on the application of the appellant, draw up a statement of the facts of the case and the point on which doubt is entertained, and refer the statement with his own opinion on the point for the decision of the High Court.

(3) On a reference being made under sub-section (2), the subsequent proceedings in the case shall be, as nearly as may be, in conformity with the rules relating to references to the High Court contained in Order XLVI of the First Schedule to the Code of Civil Procedure, 1908 (V of 1908).

Section 85. Costs of appeal

In every appeal the costs shall be in the discretion of the officer hearing the appeal.

Section 86. Recovery of costs from Board

If the 1[Board] fails to pay any costs awarded to an appellant within ten days a fter the date of the order for payment thereof, the Officer awarding the costs may order the person having the custody of the balance of the cantonment fund to pay the amount.

Section 87. Conditions of right to appeal

No appeal shall be heard or determined under this Chapter unless:__

(a) the appeal is, in the case of a tax assessed on the 3[annual rental value] of buildings or lands or both, brought within thirty days next after the date of the authentication of the assessment list under section 69 (exclusive of the time requisite for obtaining a copy of the relevant entries therein), or, as the case may be, within thirty days

1Subs. by Act No. XXIV of 1936, s. 69.

2Subs. by Ordinance No. XLIV of 1979, s. 2.

3Subs. and omitted by Act No. XLVII of 2023, ss.31and 32.

Provided that an appeal may be admitted after the expiration of the period prescribed therefor by this section if the appellant satisfies the Court before whom the appeal is preferred that he had sufficient cause for not preferring it within that period;

(b) the amount, if any, in dispute in the appeal has been deposited by the appellant in the office of the 1[Board].

Section 88. Finality of appellate orders

The order of an appellate authority confirming, setting aside or modifying an order in respect of any valuation or assessment or liability to assessment or taxation shall be final:

Provided that it shall be lawful for the appellate authority, upon applica tion or on its own motion, to review any order passed by it in appeal if application in this behalf is made within three months from the date of the original order. Payment and Recovery of Taxes.

Section 89. Time and manner of payment of taxes

Save as otherwise expressly provided under this Act, any tax imposed under the provisions of this Act shall be payable on such dates and in such instalments, if any, as the 1[Board] may 2[* * * * *] direct.

[2] Section 89A. Late payment surcharge

A late payment surcharge at the rate of one per cent of the gross payable tax shall stand imposed on the first day of every month of delay if the tax payable for any year is not paid by the date fixed by the Board under section 89.]

[2] Section 90. Presentation of bill

(1) When any sum becomes due for payment on account of any tax, fee, toll, rent or other charges, the Executive Officer or any person authorized him, shall cause to be presented to the person liable for the payment thereof a bill.

(2) Every such bill shall specify the particulars of the tax, fee, rent, toll or other charges, the period for which the charge is made, the period within it is to be paid and the liability in case of default of pa y me n t.]

Section 91. Notice of demand

(1) If the amount of the tax 2[, fee, rent, toll or other charges] for which any bill has been presented is not paid to the 1[Board] within thirty days from the presentation thereof, the Executive Officer may cause to be served upon the person liable for the payment of the same a notice of demand in the form set forth in Schedule I.

(2) For every notice of demand which the Executive Officer causes to be served on any person under this section, a fee of such amount, not exceeding 2[two hundred rupees], as shall in each case be fixed by the Executive Officer, shall be payable by the said person and shall be included in the costs of recovery.

1Subs. by Act No. XXIV of 1936, s. 69.

2Omitted, Ins. and Subs. by Act No. XLVII of 2023, ss.33, 34,35 and 36.

[1] Section 92. Recovery of tax, fee, toll or other charges

(1) If the person liable for the payment of any tax, fee, toll or other charges does not within thirty days from the service of the notice of demand pay the amount due or does not show sufficient cause for non-payment of the same to the satisfaction of the Executive Officer, such sum with all costs of recovery may be recovered under a warrant issued in the form set forth in Schedule II by__

(a) distress and sale of the moveable property of the defaulter; or

(b) sealing, attachment and sale of the immovable property if the amount so recoverable pertains to such immovable property. Explanation.__The warrant may be addressed to any servant of the Board for execution and in executing it he may obtai n such assistance from other servants of the Board as he may consider necessary:

Provided that the executive officer shall not recover any sum the liability for which has been remitted on appeal under this Chapter.

(2) Every warrant issued under this section shall be signed by the executive officer.

(3) The executive officer after due process of law may request to the State Bank of Pakistan for attachment or seizure of the tax defaulter’s bank account through a warrant served in the manner specified in the form set forth in Schedule-II. In case, the amount of tax default exceeds one hundred thousand rupees, the amount of tax default shall be made good from the account of the tax defaulter or the account shall remain seized till such time the tax defaulters clears the outstanding amount of tax.]

[1] Section 92A. Surcharge payable on taxes, fee, etc. due

(l) If a person on whom a notice of demand has been served under section 91 does not within a period specified in such notice pay the sum demanded in the notice, he shall be liable to pay a surcharge in addition to the sum and other charges due at the rate of one percent of the sum due, for each complete month from the date of expi ry of the period as aforesaid.

(2) The amount of interest shall be recoverable in the sam e manner as moneys recoverable by the Board under section 259:

Provided that__

(a) where no appeal has been preferred, the executive officer with the previous sanction of the Board; and

(b) in any other case, the Director hearing the appeal under section 84, may remit the whole or any part of the interest payable in respect of any period.]

Section 93. Distress

(1) It shall be lawful for any servant of the 2[Board] to whom a warrant issued under section 92 is addressed to distrain, wherever it may be found 2[in the cantonment], any moveable property of 2[or standing timber, growing crops or grass belonging to] the person therein named as defaulter, subject to the following conditions, exceptions and exemptions, namely:__

1Subs. and Ins. by Act No. XLVII of 2023, ss.37 and 38.

2Subs. by Act No. XXIV of 1936, s. 69.

(a) the following property shall not be distrained :__

(i) the necessary wearing apparel and bedding of the defaulter, his wife and children,

(ii) tools of artisans,

(iii) books of account, or

(iv) when the defaulter is an agriculturist his implements of husbandry, seed-grain, and such cattle as may be necessary to enable the defaulter to earn his livelihood;

(b) the distress shall not be excessive, that is to say, the property distrained shall be as nearly as possible equal in value to the amount recoverable under the warrant, and if any property has been distrained which, in the opinion of the Executive Officer, should not have been distrained, it shall forthwith be returned.

(2) The person charged with the execution of a warrant of distress shall forthwith make an inventory of the property which he seizes under such warrant, and shall, at the same time, give a written notice in the form set forth in Schedule III to the person in possession thereof at the time of seizure that the said property will be sold as therein mentioned.

Section 94. Disposal of distrained property

(1) When the property seized is subject to speedy and natural decay, or when the expense of keeping it in custody is, when added to the amount to be recovered likely to exceed its value, the Executive Officer shall give notice to the person in whose possession the property was at the time of seizure that it will be sold at once, and shall sell it accordingly by public auction unless the amount mentioned in the warrant is forthwith paid.

(2) If the warrant is not in the meantime suspended by the Executive Officer, or discharged, the property seized shall, after the expiry of the period named in the notice served under sub -section

(2) of section 93, be sold by public auction by order of the Executive Officer.

(3) The surplus of the sale-proceeds, if any, shall forthwith be credited to the cantonment fund, and notice of such cre dit, shall be given at the same time to the person from whose possession the property was taken, and, if the same is claimed by written application to the 1[Board] within one year from the date of the notice, a refund thereof shall be made to such person. Any surplus not claimed within one year as aforesaid shall be the property of the 1[Board].

(4) For every distraint made under this Chapter a fee of such amount, not exceeding one rupee, as shall in each case be fixed by the Executive Officer shall be char ged, and the said fee shall be included in the costs of recovery.

Section 95. Recovery from a person about to leave cantonment

(1) If the Executive Officer has reason to believe that any person from whom any sum is due 2[or is about to become due] on account of any tax is about to remove from the cantonment, he may direct the immediate payment by such person of the sum so due or ab out to become due, and cause a bill for the same to be served on such person.

1Subs. by Act No. XXIV of 1936, s. 69.

2Ins. by the Repealing and Amending Act No. VIII of 1930, s. 2 and 1st Sch.

Section 96. Power to institute suit for recovery

Instead of proceeding against a defaulter by distress and sale as hereinbefore provided in this Chapter, or after a defaulter has been so proceeded against unsuccessfully or with only partial success, any sum due or the balance of any sum due, as the case may be, from such defaulter on account of a tax may be recovered from him by a suit in any Court of competent jurisdiction. Special Provisions relating to Taxation.

Section 97. Power to prohibit or exempt from taxation

Every 1[Board] shall be deemed to be a Municipal Committee for the purposes of the Municipal Taxation Act, 1881 (XI of 1881).

Section 98. Power to make special provision for conservancy in certain cases

A 1[Board] may make special provision for the cleansing of any factory, hotel, club or group of buildin gs or lands used for any one purpose and under one management, and may fix a special rate and the dates and other conditions for periodical payment thereof, which shall be determined by a written agreement with the person liable for the payment of the cons ervancy or scavenging tax in respect of such factory, hotel, club or group of buildings or lands :

Provided that, in fixing the amount, proper regard shall be had to the probable cost to the 1[Board] of the services to be rendered.

Section 99. Exemption in the case of buildings

(1) When, in pursuance of section 98, a 1[Board] has fixed a special rate for the cleansing of any factory, hotel, club or group of buildings or lands, such premises shall be exempted from the payment of any conservancy or scavenging tax imposed in the cantonment. 2[(2) The Board may exempt following buildings and lands from any tax on property other than a tax imposed to cover the cost of specific services rendered by the Board, namely:—

(a) places set apart for public worship and either actually so used or used for no other purpose;

(b) buildings used for educational purposes which are open to public and from which no income is derived;

(d) hospitals and dispensaries maintained wholly by charitable contributions;

(e) burning and burial grounds, not being the property of the Government or a Board, which are controlled under the provisions of this Act;

1Subs. by Act No. XXIV of 1936, s. 69.

2Subs. by Act No. XLVII of 2023, s.39.

(f) buildings or lands vested in a Board; and

(g) buildings which are the property of the Federal or Provincial Government.]

[1] Section 99A. General power of exemption

The 2[Federal Government] may, by notification in the 3[official Gazette], exempt, either wholly or in part from the payment of any tax imposed under this Act, any person or class of persons or any property or goods or class of property or goods 4[* * *].

Section 100. Exemption of poor persons

A 5[Board] may exempt, for a period not exceeding one year at a time from the payment of any tax or any portion of a tax imposed under this Act, any person who is in its opinion by reason of poverty unable to pay the same.

Section 101. Composition

(1) A 5[Board] may, 6[* * * * * * *] allow any person to compound for any

tax.

(2) Every sum due by reason of the composition of a tax under sub -section (1) shall be recoverable as if it were a tax.

Section 102. Irrecoverable debts

A 5[Board] may write-off any sum due on account of any tax 5[or rate] or of the costs of recovering any tax 5[or rate] if such sum is, in its opinion, irrecoverable : 5[Provided that, where the sum written-off in favour of any one person exceeds 6[one hundred thousand] rupees, 6[the concurrence of Director General] shall be first obtained.]

Section 103. Obligation to disclose liability

(1) The Executive Officer may, by written notice, call upon any inhabitant of the cantonment to furnish such information as may be necessary for the purpose of ascertaining__

(a) whether such inhabitant is liable to pay any tax imposed under this Act ;

(b) at what amount he should be assessed ; or

(2) If any person, when called upon under sub -section (1) to furnish information, neglects to furnish it or furnishes information which is not true to the best of h is knowledge or belief, he shall be punishable with fine which may extend to 6[ten thousand] rupees.

Section 104. Immaterial error not to affect liability

No assessment and no charge or demand on account of any tax or fee shall be impeached or affected by reason only of any mistake in the name of any person liable to pay such tax or fee, or in the description of any property or thing, or any mistake in the amount of the assessment charge or demand, if the directions contained in this Act and the rules and bye-laws made thereunder have in substance and effect been complied with ; but any person who sustains any special damage by reason of any such mistake shall be entitled to recover compensation for the same by suit in a Court of competent jurisdiction.

1Ins. by Act No. XXXV of 1926, s.7.

2Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.

3Subs. by A.O. 1937.

4Omitted by Act No. VII of 1931, s. 6.

5Subs. and ins. by Act No. XXIV of 1936, ss. 69 and 34.

6Omitted and Subs. by Act No. XLVII of 2023, ss.40, 41 and 42.

Section 105. Distraint not to be invalid by reason of immaterial defect

No distress levied under this Chapter shall be deemed unlawful, nor shall any person making the same be deemed a trespasser, on account only of any defect of form in the notice of demand, warrant of distress or other proceeding relating thereto ; nor shall any such person be deemed a trespasser ab initio on account of any irregularity afterwards committed by him ; but any person who sustains any special damage by reason of any such irregularity shall be entitled to recover compensation for the same by suit in a Court of competent jurisdiction.

CHAPTER VI.

CANTONMENT FUND AND PROPERTY.

Cantonment Fund.

Section 106. Cantonment fund

There shall be formed for every cantonment a cantonment fund, and there shall be placed to the credit thereof the following sums, namely:__

(a) the balance, if any, of the cantonment fund formed for the cantonment under the Cantonments Act, 1910, (XV of 1910);

(b) all sums received by or on behalf of the 1[Board], 2[*] 2[* * * * * * *]

Section 107. Custody of cantonment fund

(1) Where in or near a cantonment there is a Government treasury or sub‑treasury, or a branch of the 3[State Bank of Pakistan], the cantonment fund shall be kept in such treasury, sub‑treasury or bank, as the case may be.

(2) Where there is no such treasur y, sub‑treasury or bank, the cantonment fund may be deposited with any bank to which the Government treasury business has been entrusted, and, in the absence of such a bank with any banker or person acting as a banker who has given such security for the safe custody of the fund and the payment on demand of the funds so deposited as the 4[Federal Government] may in each case direct. 5[(3) A 1[Board] may, from time to time, with the previous sanction of the 6[Competent Authority], invest any portion of its cantonment fund in securities of the 4[Federal Government] or in such other securities, including fixed deposits in banks, as the 4[Federal Government] may approve in this behalf, and may dispose of such investments or vary them for others of a like nature.]

(4) The income resulting from any fixed deposit or from any such security as is referred to in sub‑section (3) or from the proceeds of the sale of any such security shall be credited to the cantonment

fund.

1Subs. by Act No. XXIV of 1936, s. 69.

2Repealed by A.O., 1937.

3Subs. by the Central Laws (Statue Reform) Ordinance, 1960 (Ordinance No. XXI of 1960, s. 3 and 2nd Sch. (with effect from the 14th October, 1955).

4Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.

5Subs. by Act No. XXXVI of 1927, s. 12.

6Subs. by Ordinance No. XLIV of 1979, s. 2.

Property.

Section 108. Property

Subject to any special reservation made by the 1[Federal Government] 2[* * *], all property of the nature hereinafter in this section specified which has been acquired or provided or is maintained by a 3[Board] shall vest in and belong to that 3[Board], and shall be under its direction, management and control, that is to say,__

(a) all markets, slaughter‑houses, manure and nightsoil depots, and buildings of every description ;

(b) all water‑works for the supply, storage or distribution of water for public purposes and all bridges, buildings, engines, materials, and things connected therewith or appertaining thereto ;

(d) all dust, dirt, dung, ashes, refuse, animal matter, filth and rubbish of every kind, and dead bodies of a nimals collected by the 3[Board] from the streets, houses, privies, sewers, cesspools or elsewhere, or deposited in places appointed by the 3[Board] for such purpose;

(e) all lamps and lamp‑posts and apparatus connected therewith or appertaining thereto ;

(f) all land or other property transferred to the 3[Board] 2[by the 1[Federal] or a Provincial Government] or by gift, purchase or otherwise for local public purposes ; and

(g) all streets and the pavements, stones and other materials thereof, and also all trees, erections, materials, implements, and things existing on or appertaining to streets.

Section 109. Application of cantonment fund and property

The cantonment fund and all property vested in a 3[Board] shall be applied for the purposes, whether express or implied, for which, by or under this Act or any other law for the time being in force, powers are conferred or duties or obligations are imposed upon the 3[Board]:

Provided that the 3[Board] shall not incur any expenditure for acquiring or renting land beyond the limits of the cantonment or for constructing any work beyond such limits except__

(a) with the sanction of the 1[Federal Government], and

(b) on such terms and conditions as the 1[Federal Government] may impose:

Provided, further, that priority shall be given in the order hereinafter set forth to the following liabilities and obligations of a 3[Board], that is to say,__

1Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.

2Omitted and subs. by A.O., 1937.

3Subs. by Act No. XXIV of 1936, s. 69.

(a) to the liabilities and obligations arising from a trust legally imposed upon or accepted by the 1[Board] ;

(b) to the repayment of, and the payment of interest on, any loan incurred under the provisions of the Local Authorities Loans Act, 1914 (IX of 1914) ;

(d) to the payment of such expenses on account of pauper lunatics sent from the cantonment to public lunatic asylums and men tal hospitals as the 2[Federal Government] directs the 1[Board] to pay; and

(e) to the payment of any sum the payment of which is expressly required by the provisions of this Act or any rule or bye‑law made thereunder.

Section 110. Acquisition of immovable propert y

When there is any hindrance to the permanent or temporary acquisition upon payment of any land required by a 1[Board] for the purposes of this Act, the 2[Federal Government] may, at the request of the 1[Board], 3[procure the acquisition thereof] under the provisions of the Land Acquisition Act, 1894 ( of 1894) and, on payment by the 1[Board] of the compensation awarded under that Act and of the charges incurred by the Government in connection with the proceedings, the land shall vest in the 1[Board].

Section 111. Power to make rules regarding cantonment fund and property

The 2[Federal Government] may make rules consistent with this Act to provide for all or any of the following matters, namely .__

(a) the conditions on wh ich property may be acquired by 1[Boards] or on which property vested in a 1[Board] may be transferred by sale, mortgage, lease, exchange or otherwise ; and

(b) any other matter relating to the cantonment fund or cantonment property in respect of which no provision or insufficient provision is made by or under this Act, and provision is, in the opinion of the 2[Federal Government], necessary.

CHAPTER VII.

CONTRACTS.

Section 112. Contracts by whom to be executed

Subject to the provisions of this Chapter, every 1[Board] shall be competent to enter into and perform any contract necessary for the purposes of this

Act.

Section 113. Sanction

(1) Every contract__

(a) for which budget provision does not exist, or

(b) which involves a value or amount exceeding one hundred rupees, shall require the sanction of the 1[Board].

1Subs. by Act No. XXIV of 1936, s. 69.

2Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.

3Subs. by A.O., 1937.

(2) Every contract other than a contract such as is referred to in sub‑section (1) shall be sanctioned by the 1[Board] or by the Executive Officer on behalf of the 1[Board].

Section 114. Execution of contracts

(1) Every contract made by or on behalf of a 1[Board], the value or amount of which exceeds fifty rupees, shall be in writing, and every such contract shall, 1[* * *], be signed by two members, of whom the President or the VicePresident shall be one, and be countersigned by the Executive Officer and be sealed with the common seal of the Board, 1[* * *]:

Provided that, 1[* * * ], the Executive Officer may in a case of urgency, with the previous sanction of the President of the Board, execute on behalf of the Board any contract the value or amount of which does not exceed two hundred rupees.

(2) Where an Executive Officer executes a contract on behalf of a Board under sub‑section (1), he shall submit a report of his action and of the reasons therefor to the Board at its next meeting.

Section 115. Contracts improperly executed not to be binding on a Board

If any contract is executed by or on behalf of a 1[Board] otherwise than in conformity with the provisions of this Chapter, it shall not be binding on the 1[Board]. _____

CHAPTER VIII.

DUTIES AND DISCRETIONARY FUNCTIONS OF 1[BOARDS].

Section 116. 2[Functions] of Board

2[Subject to any fee or charge payable under this Act, it] shall be the duty of every 1[Board], so far as the funds at its disposal permit, to make reasonable provision within the cantonment for__

(a) lighting streets and other public places ;

(b) watering streets and other public places ;

(d) regulating offensive, dangerous or obnoxious trades, callings and practices ;

(e) removing, on the ground of public safety, health or convenience, undesirable obstructions and projections in streets and other public places ;

(f) securing or removing dangerous buildings and places ;

(g) acquiring, maintaining, changing and regulating places for the disposal of the dead ;

(h) constructing, altering and maintaining streets, culverts, markets, slaughter‑houses, latrines, privies, urinals, drains, drainage works and sewerage works ;

1Subs. omitted and ins. by Act No. XXIV of 1936, ss. 69 and 36.

5Subs. by Act No. XLVII of 2023, s.43.

(i) planting and maintaining trees on roadsides and other public places ;

(j) providing or arranging for a sufficient supply of pure and wholesome water, where such supply does not exist, guarding from pollution water used for human consumption, and preventing polluted water from being so used ;

(k) registering births and deaths ;

(l) establishing and maintaining a system of public vaccination ;

(m) establishing and maintaining or supporting public hospitals and dispensaries, and providing public medical relief ;

(n) establishing and maintaining 1[or assisting] primary schools ;

(o) rendering assistance in extinguishing fires, and protecting life and property when fires occur;

(p) maintaining and developing the value of property vested in, or entrusted to the management of, the 1[Board] ; 2[*]

(q) fulfilling any other obligation imposed upon it by or under this Act or any other law for the time being in force 2[;] 2[(r) exercise control over land-use and connected matters in the manner as may be prescribed;

(s) enforce building control as may be prescribed;

(t) regulate in the prescribed manner different schemes and matters connected thereto;

(u) lease and rent out properties vested in, managed or maintained by the Board in the prescribed manner;

(v) undertake in the prescribed manner landscape, parks, monuments and municipal ornamentation;

(w) approve in the prescribed manner such taxes and fees etc. as set out in Schedule VII;

(x) collect in the prescribed manner approved taxes, fees, rates, rents, tolls, charges, fines and penalties; and

(y) any other matter for carrying out the purposes of this Act.]

1Ins. and subs. by Act No. XXIV of 1936, ss. 37 and 69.

2Omitted, Subs. and added by Act No. XLVII of 2023, s.43.

[1] Section 116A. Power to manage property

A 2[Board] may, subject to any conditions imposed by the 3[Federal Government], manage any property entrusted to its management by the 3[Federal Government] on such terms as to the sharing of rents and profits accruing from such property as may be determined by rule made under section 280.].

[4] Section 117. Discretionary functions of Board

(1)] A 2[Board] may, within the cantonment, make provision for__

(a) laying out in areas, whether previously built upon or not, new streets, and acquiring land for that purpose and for the construction of buildings, and compounds of buildings, to abut on such streets ;

(b) constructing, establishing or maintaining public parks, gardens, offices, dairies, bathing or washing places, drinking fountains, tanks, wells and other works of public utility ;

(d) furthering educational objects by measures other than the establishment and maintenance of primary schools ;

(e) taking a census and granting rewards for information which may tend to secure the correct registration of vital statistics ;

(f) making a survey ;

(g) giving relief on the occurrence of local epidemics by the establishm ent or maintenance of relief works or otherwise ;

(h) securing or assisting to secure suitable places for the carrying on of any offensive, dangerous or obnoxious trade, calling or occupation ;

(i) establishing and maintaining a farm or other place for the disposal of sewage ;

(j) constructing, subsidising or guaranteeing tramways or other means of locomotion, and electric lighting or electric power works ; 4[or]

(k) adopting any measure, other than a measure specified in section 116 or in the foregoing pro visions of this section, likely to promote the safety, health or convenience of the inhabitants of the cantonment ; 4[*] 4[* * * * * * *]

1Ins. by Act No. VII of 1925, s. 6.

2Subs. by Act No. XXIV of 1936, s. 69.

3Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.

4Renumbered, added and omitted by Act No. XV of 1942, s. 9.

1[(2) A Board may, either within or outside the cantonment make provision for the doing of anything on which expenditure is declared by the 2[Federal Government], or by the Board with the sanction of the 2[Federal Government], to be an appropriate charge on the cantonment fund.]

[3] Section 117A. Power of expenditure for educational purposes outside the cantonment

A 4[Board] may make provision for educational objects outside the cantonment if it is satisfied that the interests of the residents of the cantonment will be served thereby.]

________

CHAPTER IX.

PUBLIC SAFETY AND SUPPRESSION OF NUISANCES.

General Nuisances.

118. Penalty for causing nuisances. (1) Whoever__

(a) in any street or other public place within a cantonment,__

(i) is drunk and disorderly or drunk and incapable of taking care of himself ; or

(ii) uses any threatening, abusive or insulting words, or behaves in a threatening or insulting manner with intent to provoke a breach of the peace, or whereby a breach of the peace is likely to be occasioned ; or

(iii) eases himself, or wilfully or indecently exposes his person ; or

(iv) loiters, or begs importunately, for alms ; or

(v) exposes or exhibits, with the object of exciting charity, any deformity or disease or any offensive sore or wound ; or

(vi) carries meat exposed to public view ; or

(vii) is found gaming ; or

(viii) pickets animals, or collects carts ; or

(ix) being engaged in the removal of night‑soil or other offensive matter or rubbish, wilfully or negligently permits any portion thereof to spill or fall, or neglects to sweep away or otherwise effectually to remove any portion thereof which may spill or fall in such street or place ; or

(x) without proper authority affixes upon any building, monument, post, wall, fence, tree or other thing, any bill, notice or other document ; or

(xi) without proper authority defaces or writes upon or otherwise marks any building, monument, post, wall, fence, tree or other thing ; or

1Added by Act No. XV of 1942, s.9.

2Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.

3Ins. by Act No. XXXV of 1926, s. 8.

4Subs. by Act No. XXIV of 1936, s. 69.

(xii) without proper authority removes, destroys, defaces or otherwise obliterates any notice or other document put up or exhibited under this Act ; or

(xiii) without proper authority displaces, damages, or makes any alteration in, or otherwise interferes with, the pavement, gutter, storm water‑drain, flags or other materials of any such str eet, or any lamp, bracket, direction‑post, hydrant or water-pipe maintained by the 1[Board] in any such street or public place, or extinguishes a public light ; or

(xiv) carries any corpse not decently covered or without taking due precautions to prevent risk of infection or injury to the public health or annoyance to passers by or to persons dwelling in the neighbourhood; or

(xv) carries night‑soil or other offensive matter or rubbish at any hour prohibited by the 1[Board] by public notice, or in any pattern of cart or receptacle which has not been approved for the purpose by the 1[Board], or fails to close such cart or receptacle when in use; or

(b) carries night‑soil or other offensive matter or rubbish along any r oute in contravention of any prohibition made in this behalf by the 1[Board] by public notice ; or

(c) deposits, or causes or permits to be deposited, earth or materials of any description, or any offensive matter or rubbish, in any place not intended for the purpose in any street or other public place or waste or unoccupied land under the management of the 1[Board] ; or

(d) having charge of a corpse fails to bury, burn or otherwise lawfully dispose of the same within twentyfour hours after death ; or

(e) makes any grave or buries or burns any corpse in any place not set apart for such purpose ; or

(f) keeps or uses, or knowingly permits to be kept or used, any place as a common gaming house, or assists in conducting the business of any common gaming house ; or

(g) at any time or place at which the same has been prohibited by the 1[Board] by public or special notice, beats a drum or tom‑tom, or blows a horn or trumpet, or beats any utensil, or sounds any brass or other instrument, or plays any music ; or

(h) disturbs the public peace or order by singing, screaming or shouting ; or

(i) lets loose any animal so as to cause, or negligently allows any animal to cause, injury, danger, alarm or annoyance to any person ; or

1Subs. by Act No. XXIV of 1936, s. 69.

(j) being the occupier of any building or land in or upon which an animal dies, neglects within three hours of the death of the animal, or, if the death occurs at night, within three hours after sunrise, either__

(ii) to remove and dispose of the carcase in accordance with any general directions given by the 1[Board] by public notice or any special directions given by the Executive Officer on receipt of such report as aforesaid ; or

(k) save with the written permission of the 1[Board] and in such manner as i t may authorise, stores or use night‑soil, manure, rubbish or any other substance emitting an offensive smell ; or

(l) uses or permits to be used as a latrine any place not intended for that purpose ; shall be punishable with fine which may extend to 2[five thousand] rupees.

(2) Whoever does not take reasonable means to prevent any child under the age of twelve years being in his charge from easing himself in any street or other public place within the cantonment shall be punishable with fine which may extend to 2[five thousand] rupees.

(3) The owner or keeper of any animal found picketed or straying without a keeper in a street or other public place in a cantonment shall be punishable with fine which may extend to 2[five thousand] rupees.

(4) Any animal found picketed as aforesaid may be removed by any officer or servant of the 1[Board] or by any police officer to a pound as if the animal had been found straying.

Dogs.

Section 119. Registration and control of dogs

(1) A 1[Board] may make bye‑laws to provide for the registration of all dogs kept within the cantonment.

(2) Such bye‑laws shall__

(a) require the registration, by the Officer Commanding each military unit, of all dogs kept in the lines occupied by that unit ;

(b) require that every registered dog shall wear a collar to which shall be attached a metal token to be issued by the registration authority, and fix the fee payable for the issue thereof ;

(c) require that any dog which has not been registered or which is not wearing such token shall, if found in any public place, be detained at a place set apart for the purpose ; and

1Subs. by Act No. XXIV of 1936, s. 69.

2Subs. by Act No. XLVII of 2023, s.44.

(3) A 1[Board] may__

(a) cause to be destroyed, or to be confined for such period as 2[it] may direct, any dog or other animal which is, or is reasonably suspected to be , suffering from rabies, or which has been bitten by any dog or other animal suffering or suspected to be suffering from rabies ;

(b) by public notice direct that, after such date as may be specified in the notice, dogs which are without collars or without marks distinguishing them as private property and are found straying on the streets or beyond the enclosures of the houses of their owners, if any, may be destroyed, and cause them to be destroyed accordingly.

(4) No damages shall be payable in respect of any dog or other animal destroyed or otherwise disposed of under this section.

(5) Whoever being the owner or p erson in charge of any dog, neglects to restrain it so that it shall not be at large in any street without being muzzled and without being secured by a chain lead in any case in which__

(a) he knows that the dog is likely to annoy or intimidate any person, or

(b) the 1[Board] has, by public notice during the prevalence of rabies, directed that dogs shall not be at large without muzzles and chain leads, shall be punishable with fine which may extend to 3[five thousand] rupees.

(6) Whoever in a cantonment__

(a) allows any ferocious dog which belongs to him or is in his charge to be at large without being muzzled, or

(b) sets on or urges any dog or other animal to attack, worry or intimidate any person, or

(c) knowing or having reason to believe that any dog or animal belonging to him or in his charge has been bitten by an animal suffering or reasonably suspected to be suffering from rabies, neglects to give immediate information of the fact to the Executive Officer or gives information which is false, shall be punishable with fine which may extend to two hundred rupees.

1Subs. by Act No. XXIV of 1936, s. 69.

2Subs. by the Repealing and Amending Act No. XXXIV of 1939, s. 2, and 1st Sch.

3Subs. by Act No. XLVII of 2023, s.45.

Traffic.

Section 120. Rule of the road

Whoever in driving, leading or propelling a vehicle along a street fails, except in a case of actual necessity, __

(a) to keep to the left when passing a vehicle coming from the opposite direction, or

(b) to keep to the right when passing a vehicle going in the same direction as himself, shall be punishable with fine which may extend to 1[five thousand] rupees. Prevention of fire, etc.

Section 121. Use of inflammable materials for building purposes

(1) A 2[Board] may, by public notice, direct that within such limits in the cantonment as may be specified in the notice, the roofs and external walls of huts or other buildings shall not, without the permission in writing of the 2[Board], be made or renewed of grass, m ats, leaves or other inflammable materials, and may, by notice in writing, require any person who has disobeyed any such direction as aforesaid to remove or alter the roofs or walls so made or renewed.

(2) A 2[Board] may, by notice in writing, require the owner of any building in the cantonment which has an external roof or wall made of any such material as aforesaid to remove such roof or wall within such time as may be specified in the notice, notwithstanding that a public notice under sub‑section (1) has not been issued or that such roof or wall was made with the consent of the 2[Board] or before the issue of such public notice:

Provided that, in the case of any such roof or wall in existence before the issue of such a public notice or made with the conse nt of the 2[Board], that Authority shall make compensation, not exceeding the original cost of constructing the roof or wall, for any damage caused by the removal.

Section 122. Stacking or collecting inflammable materials

A 2[Board] may, by public notice, prohibit in any case where such prohibition appears to it to be necessary for the prevention of danger to life or property, the stacking or collecting of wood, dry grass, straw or other inflammable materials, or the placing of mats or thatched huts or the lighting of fires in any place in the cantonment, or within any limits therein, which may be specified in the notice.

Section 123. Care of naked lights

No person shall set a naked light on or near any building in any street or other public place in a cantonment in such manner as to cause danger of fire:

Provided that nothing in this section shall be deemed to prohibit the use, subject to the permission in writing of the 2[Board], of lights for purposes of illumination on the occasion of a festival or public or private entertainment.

1Subs. by Act No. XLVII of 2023, s.46.

2Subs. by Act No. XXIV of 1936, s. 69.

Section 124. Regulation of cinematographic and dramatic performances

(1) Notwithstanding anything contained in the 1[Motion Picture s Ordinance, 1979 (XLIII of 1979)], no exhibition of pictures or other optical effects by means of a cinematograph or other like apparatus for the purpose of which inflammable films are used, and no public dramatic performance or pantomime, shall be given i n any cantonment elsewhere than in premises for which a licence has been granted by the 2[Board] under this section.

(2) If the owner of a cinematograph or other apparatus uses the apparatus or allows it to be used, or if any person takes any part in any p ublic dramatic performance or pantomime, in contravention of the provisions of this section, or if the occupier of any premises allows them to be used in contravention of the provisions of this section or of any condition of any licence granted under this section, he shall be punishable with fine which may extend to 3[ten thousand] rupees, and, in the case of a continuing offence, with an additional fine which may extend to 3[two thousand] rupees for each day after the first during which the offence continu es 3[and if it continues more than seven days then his cinematograph or other apparatus shall be liable to sealing].

(3) Nothing in this section shall be deemed to prohibit the giving of any exhibition or any dramatic performance or pantomime in any theatr e or institute which is the property of 4[the Government] where the exhibition, performance or pantomime is held with the permission and under the control of the military authorities.

Section 125. Discharging fireworks, firearms, etc

Whoever in a cantonment discharges any fire‑arm or lets off fireworks or fire‑balloons, or engages in any game in such manner as to cause or to be likely to cause danger to persons passing by or dwelling or working in the neighbourhood or risk of injury to property shall be liable to fine which may extend to 3[ten thousand] rupees.

Section 126. Power to require buildings, wells, etc., to be rendered safe

Where in a cantonment any building, or wall, or any thing affixed thereto, or any well, tank, reservoir, pool, depression, or excavation, or any bank or tree, is, in the opinion of the 2[Board] 5[in a ruinous state or], for want of sufficient repairs, protection or enclosure 5[a nuisance or], dangerous to persons passing by or dwelling or working in the neighbourhood the 2[Board] 6[by notice in writing may], require the owner 2[or part‑owner or person claiming to be the owner or part‑owner thereof, or, failing any of them, the occupier] 6[thereof to remove the same, or may require him to repair], 2[or to protect or to enclose] the same in such manner as it thinks necessary ; and, if the danger is, in the opinion of the 2[Board], imminent, it shall forthwith take such steps as it thinks necessary to avert the same.

Section 127. Enclosure of waste land used for improper purposes

A 2[Board] may, by notice in writing, require the owner or part‑owner, or person claiming to be the owner or part‑owner, of any building or land in the cantonment, or the lessee or the person claiming to be the lessee of any such land, which, by reason of disuse or disputed ownership or other cause, has remained unoccupied and has become the resort of idle and disorderly persons or of persons who have no ostensible means of subsistence or canno t give a satisfactory account of themselves, or is used for gaming or immoral purposes, or otherwise occasions or is likely to occasion a nuisance, to secure and enclose the same within such time as may be specified in the notice.

1Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (Ordinance No. XXVIII of 1981), s. 3, and Sch. II.

2Subs. and ins.by Act No. XXIV of 1936, ss. 69 and 38.

3Subs. and Ins. by Act No. XLVII of 2023, ss.47and 48.

4Subs. by A.O., 1961, Art. 2 (with effect from the 23rd March, 1956).

5Ins. by Act No. VII of 1925, s.7.

6Subs. by Act No. VIII of 1944, s. 6.

CHAPTER X.

SANITATION AND THE PREVENTION AND TREATMENT OF DISEASE.

Sanitary Authorities.

Section 128. Responsibility for sanitation

The following officers shall, for the purposes of sanitation, have control over, and be responsible for maintaining in a sanitary condition, those parts of a cantonment, respectively, which are specified in the case of each, that is to say :__

(a) the 1[Officer Commanding the station] __all buildings and lands which are occupied or used for military purposes ;

(b) the Officer Commanding the air forces in the cantonment __ all buildings and lands which are occupied or used for air-force purposes;

(c) the head of any civil department or railway administration occupying as such any part of the cantonment__ all buildings and lands in his charge as head of that department or administration.

Section 129. General duties of Health Officer

(1) The Health Officer shall exercise a general sanitary supervision over the whole cantonment, and shall submit monthly to the 2[Board] a report as to the sanitary condition of the cantonment, together with such recommendations in connection therewith as he thinks fit.

(2) The Assistant Health Officer shall perform such duties in connection with the sanitation of the cantonment as are, subject to the control of the 2[Board], allotted to him by the Health Officer. Conservancy and Sanitation.

Section 130. Public latrines, urinals, and conservancy establishments

All public latrines and urinals

provided or maintained by a 2[Board] shall be so constructed as to provide separate compartments for each sex and not to be a nuisance, and shall be provided with all necessary conservancy establishments, and shall regularly be cleansed and kept in proper order.

Section 131. Power of Board to undertake private conservancy arrangements

(1) on the application or with the consent of the occupier of any building or land, or, where the occupier of any building or land fails to make arrangements to the satisfaction of the 2[Board] for the matters referred to in this section, without such consent, and after giving notice in writing to the occupier, a 2[Board] may undertake the house scavenging of any building or land in the cantonment for such period as it thinks fit on such terms as it may prescribe in this behalf.

(2) Where the 2[Board] has undertaken the duties referred to in this section, all matter removed in the performance of such duties shall be the property of 3[that Board].

(3) For the purposes of this section, “house scavenging” means the removal of filth or rubbish or other offensive matter from a privy, latrine, urinal, drain, cesspool, or other common receptacle for such matter.

1Subs. by Act NO. VII of 1925, s. 14.

2Subs. by Act NO. XXIV of 1936, s. 69.

3Subs. by the Repealing and Amending Act, 1939 Act NO. XXXIV of 1939), s. 2 and 1st Sch.

Section 132. Deposit and disposal of rubbish, etc

(1) Every 1[Board] shall provide or appoint, in proper and convenient situations, public receptacles, depots or places for the temporary deposit or disposal of household rubbish, offensive matter, carcases of dead animals and sewage.

(2) The 1[Board] may, by public notice, issue directions as to the time at which, the manner in which, and the conditions subject to which, any matter referred to in sub‑section (1) may be removed along a street or may be deposited or otherwise disposed of.

(3) All matter deposited in receptacles, depots or places provided or appointed under this section shall be the property of the 1[Board].

Section 133. Cess-pools, receptacles for filth, etc

The Executive Officer of any cantonment may, by notice in writing,__

(a) require any person having the control whether as owner, lessee or occupier of any land or building in the cantonment__

(i) to close any cesspool appertaining to the land or building which is, in the opinion of the Executive Officer, a nuisance, or

(ii) to keep in a clean condition, in such manner as may be prescribed by the notice, any receptacle for filth or sewage accumulating on the land or in the building, or

(iii) to prevent the water of any private latrine, ur inal, sink or bath‑room, or any other offensive matter, from soaking, draining or flowing, or being put, from the land or building upon any street or other public place, or into any watercourse or into any drain not intended for the purpose, or

(iv) to collect and deposit for removal by the conservancy establishment of the 1[Board], within such time and in such receptacle or place, situate at not more than one hundred feet from the nearest boundary of the premises, as may be specified in the notice, any offensive matter or rubbish which such person has allowed to accumulate or remain under, in or on such building or land ; or

(b) require any person to desist from making or altering any drain leading into a public drain ; or

(c) require any person having t he control of a drain in the cantonment to cleanse, purify, repair or alter the same, or otherwise put it in good order, within such time as may be specified in the notice.

Section 134. Filling up of tank, etc

(1) Where any well, tank, cistern, reservoir, recept acle, or other place in the cantonment where water is stored or accumulates, whether within any private enclosure or not, is in such a condition as to create a nuisance or, in the opinion of the Health Officer, or the Assistant Health Officer, is or is lik ely to be a breeding place for mosquitoes, the 1[Board] may, by notice in writing, require the owner, lessee or occupier thereof, within such period as may be specified in the notice, to fill up or cover the well, cistern, reservoir or receptacle, or to fill up the tank, or to drain off or remove the water, as the case may be.

1Subs. by Act NO. XXIV of 1936, s. 69.

Section 135. Provision of latrines, etc

A 1[Board] may, by notice in writing, require the owner or lessee of any building or land in the cantonment to provide, in such manner as may be specified in the notice, any latrine, urinal, cesspool, dust‑bin or other receptacle for filth, sewage, or rubbish, or any additional latrine, urinal, cesspool or other receptacle as aforesaid, which should, in its opinion, be provided for the building or land.

Section 136. Sanitation in factories, etc

Every person employing, whether on behalf of the Government or otherwise, more than ten workmen or labourers, and every person managing or having control of a market, school, theatre or other place of public resort, in a cantonment shall give notice of the fact to the 1[Board], and shall provide such latrine, and urinals, and shall employ such number of sweepers, as the 1[Board] thinks fit, and shall cause the urinals to be kept clean and in proper order:

Provided that nothing in this section shall apply in the case of a factory to which the 3[Factories Act, 1934 (XXV of 1934)].

Section 137. Private latrines

A 1[Board] may, by notice in writing,__

(a) require the owner or other person having of any private latrine or urinal in the cantonment not to put the same to public use ; or

(b) where any plan for the construction of private latrines or urinals has been approved by the 1[Board], and copies thereof may be obtained free of charge on application,__

(i) require any person repairing or constructing any private latrine or urinal not to allow the same to be used until it has been inspected by or under the direction of the Health Officer and approved by him as conforming with such plan ; or

(ii) require any person having control of any private latrine or urinal to re‑build or alter the same in accordance with such plan ; or

(c) require the owner or other person having the control of any such private latrine or urinal which, in the opinion of the 1[Board], constitutes a nuisance, to remove the latrine or urinal ; or

(d) require any person having the control whether as owner, lessee or occupier of any land or building in the cantonment__

(i) to have any latrines provided for the same shut out by a sufficient roof and wall or fence from the view of persons passing by or dwelling in the neighbourhood, or

(ii) to cleanse in such manner as the 1[Board] may specify in the notice any latrine or urinal belonging to the land or building ;

1Subs. by Act No. XXIV of 1936, s. 69.

2Subs. by Ordinance No. XLIV of 1979, s. 2.

3Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981(Ordinance No. XXVII of 1981), s.3 and Sch. II.

Section 138. Removal of congested buildings

(1) Where it appears to a 1[Board] that any block of buildings in the cantonment is in an unhealthy condition by reason of the manner in which the buildings are crowded together, or of the narrowness or closeness of the street, or of the want of proper drainage or ventilation, or of the impracticability of cleansing the buildings or other similar cause, it may cause the block to be inspected by a committee consisting of__

(a) the Health Officer,

(b) the Civil Surgeon of the district, or, if his services are not available, some other medical officer 2[in the service of the State],

(c) the Executive Engineer or a person deputed by the Executive Engineer in this behalf, and 2[(d) where the cantonment is a Class I or Class II cantonment, two non‑official members of the Board, or where the cantonment is a Class III cantonment, one non‑official member of the Board.]

(2) The committee shall make a report in writing to the 1[Board] regarding the sanitary condition of the block, and if it considers that the condition thereof is likely to cause risk of disease to the inhabitants of the building or of the neighbourho od or otherwise to endanger the public health, it shall clearly indicate on a plan verified by the Executive Engineer or the person deputed by him to serve on the committee, the buildings which should in its opinion wholly or in part be removed in order to abate the unhealthy condition of the block.

(3) If, upon receipt of such report, the 1[Board] is of opinion that all or any buildings indicated should be removed, it may, by notice in writing, require the owners thereof to remove them:

Provided that the 1[Board] shall make compensation to the owners for any buildings so removed which may have been erected under proper authority:

Provided, further, that the 1[Board] may, if it considers it equitable in the circumstances so to do, pay to the owners such sum as it thinks fit as compensation for any buildings so removed which have not been erected under proper authority.

(4) For the purposes of this section “buildings” includes enclosure walls and fences appertaining to buildings.

Section 139. Overcrowding of dwelling houses

(1) Where it appears to a 1[Board] that any building or part of a building in the cantonment which is used as a dwelling house is so overcrowded as to endanger the health of the inmates thereof, it may, after such inquiry as it thinks fit, by notice in writing require the owner or occupier of the building or part thereof, as the case may be, within such time not being less than one month as may be specified in the notice, to abate the overcrowding of the same by

1Subs. by Act No. XXIV of 1936, ss. 69 and 39.

2Subs. by A.O., 1961, Art. 2 and Sch. (with effect from the 23rd March, 1956).

reducing the number of lodgers, tenants, or other inmates to such number as may be specified in the notice.

(2) Any person who fails, without reasonable cause, to comply with a requisition made upon him under sub‑section (1) shall be punishable with fine which may extend to 1[five hundred] rupees, and, in the case of a continuing offence, to an additional fine w hich may extend to 1[one hundred] rupees for every day after the first during which the failure has continued.

Section 140. Power to require repair or alteration of building

(1) Where any building in a cantonment is so ill__constructed or dilapidated as to be, in the opinion of the 2[Board], in an insanitary state, the 2[Board] may, by notice in writing, require the owner, within such time as may be specified in the notice, to execute such repairs or to make such alterations as it thinks necessary for the purpose of removing such defects.

(2) A copy of every notice issued under sub‑section (1) shall be conspicuously posted on the building to which it relates.

(3) A notice issued under sub‑section (1) shall be deemed to have been complied with if the owner of the building to which it relates has, instead of executing the repairs or making the alterations directed by the notice, removed the building.

Section 141. Power to require land or building to be cleansed

(1) The Executive Officer may, by notice in writing, require the owner, lessee or occupier of any building or land in the cantonment, which appears to him to be in a filthy or insanitary state, within twenty‑four hours to cleanse the same or otherwise put it in a proper state, in such manner as may be specified in the notice.

(2) If, within three months from the date of the service of a notice under sub‑section (1), any building or land in respect of which the notice was issued is again in a filthy or ins anitary state, the owner, lessee or occupier, as the case may be, shall be punishable with fine which may extend to 1[five thousand] rupees.

Section 142. Power to order disuse of house

If a 2[Board] is satisfied that any building or part of a building in the cant onment which is intended for or used as a dwelling place is unfit for human habitation, it may cause a notice to be posted on some conspicuous part of the building prohibiting the owner or occupier thereof from using the building or room for human habitation, or allowing it to be so used, until it has been rendered fit for such use to the satisfaction of the 2[Board].

Section 143. Removal of noxious vegetation

A 2[Board] may, by notice in writing, require the owner, lessee, or occupier of any land in the cantonmen t to clear away and remove any thick or noxious vegetation or undergrowth which appears to it to be injurious to health or offensive to persons residing in the neighbourhood.

Section 144. Agriculture and Irrigation

Where, in the opinion of a 2[Board], the cultivation in the cantonment of any description of crop or the use therein of any kind of manure or the irrigation of any land therein in any specified manner is likely to be injurious to the health of persons dwelling in the neighbourhood, the 2[Board] may, by public notice, prohibit such cultivation, use or irrigation after such

1Subs. by Act No. XLVII of 2023, ss.49 and 50.

2Subs. by Act No. XXIV of 1936, s. 69.

date as may be specified in the notice, or may, by a like notice, direct that it shall be carried out subject to such conditions as the 1[Board] thinks fit:

Provided that if, when a notice is issued under this section, any land to which it relates has been lawfully prepared for cultivation or any crop is sown therein or is standing thereon, the 1[Board] shall, if it directs that the notice is to take effect on a date earlier than that by which the crop would ordinarily be sown or reaped, as the case may be, make compensation to all persons interested in the land or crop for the loss, if any, incurred by them respectively by reason of compliance with the notice. Burial and Burning Grounds.

Section 145. Power to call for information regarding burial and burning grounds

A 1[Board] may, by notice in writing, require the owner or person in charge of any burial or burning ground in the cantonment to supply such information as may be specified in the notice concerning the condition, management or position of such ground.

Section 146. Permission for us e of new burial or burning ground

(1) No place in a cantonment which has not been used as a burial or burning ground before the commencement of this Act shall be so used without the permission in writing of the 1[Board].

(2) Such permission may be granted subject to any conditions which the 1[Board] thinks fit to impose for the purpose of preventing annoyance to, or danger to the health of, persons residing in the neighbourhood.

Section 147. Power to require closing of burial o r burning ground

(1) Where a 1[Board], after making or causing to be made local inquiry, is of opinion that any burial or burning ground in the cantonment has become offensive to, or dangerous to the health of, persons living in the neighbourhood, it may, with the previous sanction of the 2[Federal Government], by notice in writing, require the owner or person in charge of such ground to close the same from such date as may be specified in the notice.

(2) Where the 2[Federal Government] sanctions the issue of any notice under sub‑section (1), it shall declare the conditions on which the burial or burning ground may be re‑opened, and a copy of such declaration shall be annexed to the notice.

(3) Where the 2[Federal Government] sanctions the issue of any such notice, it shall require a new burial or burning ground to be provided at the expense of the cantonment fund, or, if the community concerned is willing to provide a new burial or burning ground, the 2[Federal Government] shall require a grant to be made from the cantonment fund towards the cost of the same.

(4) No corpse shall be buried or burnt in any burial or burning ground in respect of which a notice issued under this section is for the time being in force.

Section 148. Exemption from operation of sections 145 to 147

The provisions of sections 145, 146 and 147 shall not apply in the case of any burial ground which is for the time being managed by or on behalf of the Government.

Section 149. Removal of corpses

A 1[Board] may, by public notice, prescribe routes in the cantonment by which alone corpses may be removed to burial or burning grounds.

1Subs. by Act No. XXIV of 1936, s. 69.

2Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.

Prevention of Infectious or Contagious Diseases.

Section 150. Obligation to give information of infectious or contagious diseases

1[Any person], being in charge of, or in attendance, whether as a medical practitioner or otherwise, upon any person in a cantonment whom he knows or has reason to believe to be suffering from a contagious or infectious disease, or being the owner, lessee or occupier of any building in a cantonment in which he knows that any such person is so suffering, shall, if he fails to give information, or if he gives false information, to the 2[Board] respecting the existence of such disease, be punishable with fine which may extend to 3[five thousand] rupees:

Provided that no person shall be punishable under this section for failure to give information if he had reasonable cause to believe that the information had already been duly given:

Provided, further, that this section shall not apply in the case of venereal disease where the person suffering therefrom is under specific and adequate medical treatment and is, by reason of his habits and conditions of life and residence, unlikely to spread the disease.

Section 151. Special measures in case of outbreak of infectious or epidemic diseases

(1) In the event of a cantonment being visited or threatened by an outbreak of any infectious or contagious disease among the inhabitants thereof or of any epidemic disease among any animals therein, the 4[Competent Authority], if he thinks that the provisions of this Act or of any law for the time being in force in the cantonment are insufficient for the purpose, may, with the previous sanction of the 5[Federal Government],__

(a) take such special measures, and

(b) by public notice, make such temporary regulations to be observed by the public or by any class or section of the public, as he thinks necessary to prevent the outbreak or the spread of the disease:

Provided that, where in the opinion of the 4[Competent Authority] immediate measures are necessary, he may take action without such sanction as aforesaid and, if he does so, shall forthwith report such action to the 5[Federal Government].

(2) Whoever commits a breach of any temporar y regulation made under sub‑section (1) shall be deemed to have committed an offence under section 188 of the Pakistan Penal Code (XLV of 1860).

Section 152. Power to require names of dairyman’s customers

Where it is certified to the Executive Officer by a medical practitioner that the outbreak or spread of any infectious or contagious disease in the cantonment is, in the opinion of such medical practitioner, attributable to the milk supplied by any dairyman, the Executive Officer may, by notice in writing, requi re the dairyman, within such time as may be specified in the notice, to furnish him with a full and complete list of the names and addresses of all his customers within the cantonment, or to give him such information as will enable him to trace the persons to whom the dairyman has sold milk.

1Subs. by the Repealing and Amending Act, 1930 (Act No. VIII of 1930), s. 2 and 1st Sch.

2Subs. by Act No. XXIV of 1936, s. 69.

3Subs. by Act No. XLVII of 2023, s.51.

4Subs. by Ordinance No. XLIV of 1979, s.2.

5Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.

Section 153. Power to require names of a washerman’s customers

Where it is certified to the Executive Officer by the Health Officer that it is desirable , with a view to prevent the spread of any infectious or contagious disease in the cantonment, that the Health Officer should be furnished with a list of the customers of any washerman, the Executive Officer may, by notice in writing, require the washerman, within a time to be specified in the notice, to furnish the Health Officer with a full and complete list of the names and addresses of all owners within the cantonment of clothes and other articles which the washerman washes or has washed during the six weeks immediately preceding the date of the notice.

Section 154. Report after inspection of dairy or washerman’s place of business

Where, after inspection, the Health Officer is of opinion that any infectious or contagious disease is caused or is likely to arise in the cantonment from the consumption of the milk supplied from a dairy or from the washing of clothes or other articles i n any place, or from any process employed by a washerman, he shall report the matter to the Executive Officer.

Section 155. Action on report submitted by Health Officer

Upon receipt of a report submitted by the Health Officer under section 154, the Executive Officer may, by notice in writing,__

(a) prohibit the supply of milk from the dairy until the notice has been withdrawn ; or

(b) prohibit the washerman from washing clothes or other articles in any such place or by any such process as aforesaid until the notice has been withdrawn or unless he uses such place in such manner, or washes by such process, as the Executive Officer may direct in the notice.

Section 156. Examination of milk or washed clothes

The Health Officer may take possession of any milk, clothes or other articles which are or have recently been in the possession of any dairyman on whom a notice has been served under section 152, or of any clothes or other articles which are or have recently been in the possession of any washerman, on whom a notice has bee n served under section 153, and may subject the same or cause the same to be subjected to such chemical or other process as he may think necessary ; and the 1[Board] shall pay from the cantonment fund all the costs of the process and shall also pay to the owner of the milk, clothes or 2[other] articles such sum as compensation for any loss occasioned by such process as may appear to it to be reasonable.

Section 157. Contamination of public conveyance

Whoever in a cantonment__

(a) uses a public conveyance while suffering from an infectious or contagious disease, or

(b) uses a public conveyance for the carriage of a person who is suffering from any such disease, or

1Subs. by Act No. XXIV of 1936, s. 69.

2Subs. by the Repealing and Amending Act, 1930 (Act No. VIII of 1930) s. 2 and 1st Sch.

Section 158. Disinfection of public conveyance

(1) Where any person suffering from, or the corpse of any person who has died from, an infectious or contagious disease has been carried in a public conveyance which ordinarily plies in a cantonment, the driver thereof shall forthwith report the fact to the Executive Officer who shall forthwith cause the conveyance to be disinfected if that has not already been done.

(2) No such conveyance shall be brought again into use until the Executive Officer has granted a certificate stating that it can be used without causing risk of infection.

Section 159. Penalty for failure to report

Whoever fails to make to the Executive Officer any report which he is required to make by section 157 or section 158, shall be punishable with fine which may extend to 1[five thousand] rupees.

Section 160. Driver of conveyance not bound to carry person suffering from infectious or contagious disease

Notwithstanding anything contained in any law for the time being in force, no owner, driver or person in charge of a public conveyance shall be bound to convey or to allow to be conveyed in such conveyance in or in the vicinity of a cantonment any person suffering from an infectious or contagious disease or the corpse of any person who has died from such disease unless and until such person pays or tenders a sum sufficient to cover any loss and expense which would ordinarily be incurred in disinfecting the conveyance.

Section 161. Disinfection of building or articles therein

Where a 2[Board] is, upon the advice of the Health Officer, of opinion that the cleansing and disinfection of any building or part of a building in the cantonment or of any articles in any such building or part which are likely to retain infection, or the renewal of the flooring of any such building or part of such building, would tend to prevent or check the spread of any infectious or contagious disease, he may, by notice in writing, require the owner or occupier to cleanse and disinfect the said building, part or articles, as the case may be, or to renew the said flooring, within such time as may be specified in the notice:

Provided that where, in the opinion of the 2[Board], the owner or occupier is from poverty or any other cause unable effectually to carry out any such requisition, the 2[Board] may, at the expense of the cantonment fund, cleanse and disinfect the building, part or articles, or, as the case may be, renew the flooring.

Section 162. Destruction of infectious hut or shed

(1) Where the destruction of any hut or shed in a cantonment is, in the opinion of the 2[Board], necessary to prevent the spread of any infectious or contagious disease, the 2[Board] may, by notice in writing, require the owner to destroy the hut, or shed and the materials thereof within such time as may be specified in the notice.

(2) Where the President of a Board 3[* * *] is satisfied that the destruction of any hut or shed in the cantonment is immediately necessary for the purpose of preventing the spread of any infectious or contagious disease, he may order the owner or occupier of the hut or shed to destroy the same forthwith, or may himself cause it to be destroyed after giving not less than two hours' notice to the owner or occupier thereof.

1Subs. by Act No. XLVII of 2023, s.52.

2Subs. and omitted by Act No. XXIV of 1936, ss. 69 and 40.

(3) The 1[Board] shall pay compensation to the owner of any hut or shed destroyed under this section.

Section 163. Temporary shelter for inmates of disinfected or destroyed building or shed

The 1[Board] shall provide free of charge temporary shelter or house accommodation for the members of any family in which an infectious or contagious disease has appeared who have been compelled to leave their dwe lling by reason of any proceedings taken under section 161 or section 162, and who desire such shelter or accommodation as aforesaid to be provided for them.

Section 164. Disinfection of building before letting the same

(1) Where in a cantonment any building or part of a building is intended to be let in which any person has, within the six weeks immediately preceding, been suffering from an infectious or contagious disease, the person letting the building or part shall before doing so disinfect the same in such manner as the 1[Board] may, by public or special notice, direct, together with all articles therein liable to retain infection.

(2) For the purposes of this section, the keeper of a hotel, lodging house or sarai shall be deemed to let to any person who is admitted as a guest therein that part of the building in which such person is permitted to reside.

Section 165. Disposal of infected article without disinfection

No person shall, without previous disinfection of the same, give, lend, sell, transmit or otherwise dispose of to another person any article or thing which he knows or has reason to believe has been exposed to contamination by any infectious or contagious disease and is likely to be used in, or taken into, a cantonment.

166. Means of disinfection. (1) Every 1[Board] shall__

(a) provide proper places with necessary attendants and apparatus for the disinfection of conveyances, clothing, bedding or other articles which have been exposed to infection ;

(b) cause conveyances, clothing or other articles brought for disinfection to be disinfected either free of charge or on payment of such charges as it may fix.

(2) A 1[Board] may notify places at which articles of clothing, bedding, conveyances or other articles which have been exposed to infection shall be washed, and, if it does so, no person shall wash any such thing at any place not so notified without having previously disinfected such thing.

(3) The President of a Board 1[* * * ] may direct the destruction of any clothing, bedding or other article in the cantonment likely to retain infection, and may give such compensation as he thinks fit for any article so destroyed.

Section 167. Making or selling of food, etc., or washing clothes by infected person

Whoever, while suffering from, or in circumstances in whic h he is likely to spread, any infectious or contagious disease,__

1Subs. and repealed by Act No. XXIV of 1936, ss. 69 and 41.

(b) takes any part in the business of the washing or carrying of clothes, shall be punishable with fine which may extend to 1[five thousand] rupees.

Section 168. Power to restrict or prohibit sale of food or drink

When a cantonment is visited or threatened by an outbreak of any infectious or contagious disease, the 2[Board] may, by public notice, restrict in such manner or prohibit for such period, as may be specified in the notice, the sale or preparation of any article of food or drink for human consumption specified in the notice or the sale of any flesh of any description of animals so specified.

Section 169. Control over wells, tanks, etc

(1) If a 2[Board] is of opinion that the water in any well, tank or other place is likely, if used for drinking, to engender, or cause the spread of, any disease, it may, __

(a) by public notice, prohibit the removal or use of such water for drinking ;

(b) by notice in writing, require the owner or person having control of such well, tank or place to take such steps as may be directed by the notice to prevent the public from having access to or using such water ; or

(2) In the event of a cantonment or any part of a cantonment being visited or threatened by an outbreak of any infectious or contagious dis ease, the Health Officer or any person authorised by him in this behalf may, without notice and at any time, inspect and disinfect any well, tank or other place from which water is, or is likely to be, taken for the purposes of drinking, and may further ta ke such steps as he thinks fit to ensure the purity of the water or to prevent the use of the same for drinking purposes.

Section 170. Disposal of infectious corpse

Where any person has died in a cantonment from any infectious or contagious disease, the Executive Officer may, by notice in writing,__

(a) require any person having charge of the corpse to convey the same to a mortuary, thereafter to be disposed of in accordance with law ; or

(b) prohibit the removal of the corpse from the place where death occurred except for the purpose of being buried or burned or of being conveyed to a mortuary. Hospitals and Dispensaries.

Section 171. Maintenance or aiding of hospitals or dispensaries

(1) A 2[Board] may__

(a) provide and maintain either within or without the cantonment as many hospitals and dispensaries as it thinks fit ; or

1Subs. by Act No. XLVII of 2023, s.53.

2Subs. by Act No. XXIV of 1936, s. 69.

(b) make, upon such terms as it thinks fit to impose, a grant‑in‑aid to any hospital or dispensary 1[or veterinary hospital], whether within or without the cantonment, not maintained by it.

(2) Every hospital or dispensary maintained or aided under sub‑section (1) shall have attached to it a ward or wards for the treatment of persons suffering from infectious or contagious diseases.

(3) A medical officer, appointed in such manner as the 2[Federal Government] may direct, shall be in charge of every hospital or dispensary maintained or aided under this section.

Section 172. Medical supplies, appliances, etc

(1) Every hospital or dispensary maintained or aided under section 171 shall be maintained in accordance with any general or special orders of the 3[Federal Government] 2[* * *] for the conduct of hospitals and dispensaries or in accordance with the said orders modified in such manner as the 3[Federal Government] 3[* * *], 3[* * *] thinks fit.

(2) The 1[Board] shall cause every such hospital or dispensary to be provided with all requisite drugs, instruments, apparatus, furniture and appliances and with sufficient costs, bedding and clothing for in‑patients.

Section 173. Free patients

At every hospital or dispensary maintained or aided under section 171, the sick poor of the cantonment and other inhabitants of the cantonment suffering from infectious or contagious diseases, and, with the sanction of the 1[Board], any other sick persons may receive medical 1[or surgical] treatment free of cost, and, if treated as in‑patients, shall be either dieted gratuitously or, if the medical officer in charge so directs, shall be granted subsistence allowance on such scale as the 1[Board] may fix:

Provided that the subsistence allowance shall not be less than the lowest allowance for the time being fixed for the subsistence of judgment debtors by the 2[Provincial Government] under section 57 of the Code of Civil Procedure, 1908 (V of 1908).

Section 174. Paying patients

Any sick person who is ineligible to receive medical 1[or surgical] treatment free of cost in any hospital or dispensary under section 173 may be admitted to treatment therein upon such terms as the 1[Board] thinks fit.

Section 175. Power to order person to attend hospital or dispensary

(1) If the Health Officer or the medical officer in charge of a hospital or dispensary maintained or aided under section 171 has reason to believe that any person living in the cantonment is suffering from an infectious or contagious disease, he may, by notice in writing, call upon such person to attend for examination at any such hospital or dispensary at such time as may be specified in the notice and not to quit it without the permission of the medical offic er in charge ; and on the arrival of such person at the hospital or dispensary, the medical officer in charge thereof may examine him for the purpose of satisfying himself whether or not such person is suffering from an infectious or contagious disease:

Provided that, if, having regard to the nature of the disease or the condition of the person suffering therefrom, or the general environment and circumstances of such person, the Health Officer or medical officer, as the case may be, considers that the attendance of such person at a hospital or

1Ins. and subs.by Act No. XXIV of 1936, ss. 42, 43,44 and 69.

2Subs. by A.O., 1937.

3Subs. and repealed by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.

dispensary is likely to prove unnecessary or inexpedient, he shall examine such person at such person’s own residence.

(2) If any person , on examination under sub‑section (1), is found to be suffering from an infectious or contagious disease, the Health Officer or medical officer, as the case may be, may cause him to be detained in hospital until he is free from the infection or contagion:

Provided that, if having regard to the nature of the disease or the condition o f the person suffering therefrom, or the general environment and circumstances of such person, he considers that the detention of such person at a hospital or dispensary is unnecessary or inexpedient, he shall discharge such person and take such measures o r give such directions in the matter as he thinks necessary.

176. Power to exclude from cantonment persons refusing to attend hospital or dispensary.

(1) If the Health Officer or the medical officer in charge of a hospital or dispensary maintained or aided under section 171 reports in writing to the 1[Officer Commanding the station] that any person having received a notice under section 175 has refused or omitted to attend at the hospital or dispensary, specified in the notice, or that such person, having at tended the hospital or dispensary, has quitted it without the permission of such medical officer, or that any person has failed to comply with any direction given to him under section 175, the 1[Officer Commanding the station] may, by order in writing, direct such person to remove from the cantonment within twenty‑four hours and not to re‑enter it without his permission in writing.

(2) No person who has under sub‑section (1) been ordered to remove from and not to re‑enter a cantonment shall enter any other cantonment in 2[Pakistan] without the written permission of the 1[Officer Commanding the station]. Control of Traffic for Hygienic Purposes.

Section 177. Routes for pilgrims and others

(1) A 3[Board] may provide or prescribe suitable routes for the use of persons passing through the cantonment__

(a) on their way to or from fairs or places of pilgrimage or other places of public resort ; or

(b) during times when an infectious or contagious disease is prevalent ; and may, by public notice, require such persons as aforesaid to use such routes and no others.

(2) All routes provided or prescribed under sub‑section (1) shall be clearly and sufficiently indicated by the 3[Board]. Special Conditions regarding Essential Services.

Section 178. Conditions of service of sweepers

(1) Whoever, being a sweeper employed by a 3[Board] in the absence of a written contract authorising him so to do and without reasonable cause, resigns his employment or absents himself from his duty, without having given one month’s notice to the 3[Board], or neglects or refuses to perform his duties, or any of them, shall be punishable with imprisonment which may extend to one month.

1Subs. by Act No. VII of 1925, ss. 14 and 8.

2Subs. by the Central Laws (Statue Reform) Ordinance, 1960 (Ordinance No. XXI of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955).

3Subs. by Act No. XXIV of 1936, s. 69.

(3) For the purpose of this section, “sweeper” i ncludes any menial servant employed by a 3[Board] in the removal or disposal of filth or rubbish. ______

CHAPTER XI.

CONTROL OVER BUILDINGS, STREETS, BOUNDARIES, TREES, ETC.

Buildings.

[3] Section 178A. Sanction for building

No person shall erect or re‑erect a building on any land in a cantonment, except with the previous sanction of the Board, nor otherwise than in accordance with the provisions of this Chapter and of the rules and bye‑laws made under this Act relating to th e erection and re‑erection of buildings.]

[4] Section 178AA. Land use planning, layout planning, control over building plan, etc

(1) The cantonment executive officer, with the approval of Board, may cause to be prepared a spatial plan for land use to be followed in the cantonment which shall include, but not limited to,—

(a) earmarking of zones for residential, institutional, commercial, industrial and other activities; and

(b) improvement schemes for areas within the cantonment if so required.

(2) The Board shall give publicity to the land use plan prepared under sub -section (1) by publishing the gist of plan in a local newspaper and by other public information means including uploading on official website:

Provided that till the preparation and execution of land use plan, all the actions and decisions of the Board in view of implementation of land use plan under various policies issued by administrative division from time to time shall be deemed to have been validly issued under this Act.]

Section 179. Notice of new buildings

(1) Whoever intends to erect or re‑erect any building in a cantonment shall 3[apply for sanction by giving notice] in writing of his intention to the 3[Board].

(2) For the purposes of this Act, a person shall be deemed to erect or re‑erect a building who__

(a) makes any material alteration or enlargement of any building, or

(b) converts into a place for human habitation any building not originally constructed for that purpose, or

1Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.

2Subs. by A.O. 1937.

3Subs. and ins. by Act No. XXIV of 1936, ss. 69, 45 and 46.

4Ins. by Act No. XLVII of 2023, s.54.

(d) converts two or more places of human habitation into a greater number of such places, or

(e) converts into a stable, cattle‑shed or cowhouse any building origin ally constructed for human habitation, or

(f) makes any alteration which there is reason to believe is likely to affect prejudicially the stability or safety of any building or the condition of any building in respect of drainage, sanitation or hygiene, or

(g) makes any alteration to any building which increases or diminishes the height of, or area covered by, or the cubic capacity of, the building or which reduces the cubic capacity of any room in the building below the minimum prescribed by any bye‑law made under this Act. 1[l79A. Notice and sanction of new scheme .__(1) Whoever intends to develop or revise a scheme shall apply for sanction by giving notice in writing of his intention to the Board.

(2) The Board may either refuse to sanction or may sanction it either absolutely or subject to such modifications or limitations as it thinks fit for the welfare of users of the scheme.

(3) Every sanction for the new or revised layout plan of a scheme shall be valid for one year in line with section 183.

(4) A Board, when sanctioning the erection or re -erection of a building as hereinbefore

provided, shall specify a reasonable period after t he work has commenced within which the development of layout plan is to be completed in line with section 183A.

(5) In cases of illegal development of a scheme, the provisions of sections 184 and 185 shall apply.]

Section 180. Conditions of valid notice

(1) A person giving the notice required by section 179 shall specify the purpose for which it is intended to use the building to which such notice relates.

(2) No notice shall be valid until the information required under sub‑section (1) and any further information and plans which may be required under bye‑laws made under this Act have been furnished to the satisfaction of the 2[Board] alongwith the notice.

Section 181. Power of Board to sanction or refuse

The 2[Board] may either refuse to sanction the erection or re‑erection, as the case may be, of the building, or may sanction it either absolutely or subject to such directions as it thinks fit to make in writing in respect of all or any of the following matters, namely:__

1Ins. by Act No. XLVII of 2023, s.55.

2Subs. by Act No. XXIV of 1936, s. 69.

(a) the free passage or way to be left in front of the building ;

(b) the space to be left about the building to secure free circulation of air and facilitate scavenging and the prevention of fire ;

(c) the ventilation of the building, the minimum cubic area of the rooms and the number and height of the storeys of which the building may consist ;

(d) the provision and position of drains, latrines, uri nals, cesspools or other receptacles for filth ;

(e) the level and width of the foundation, the level of the lowest floor and the stability of the structure ;

(f) the line of frontage with neighbouring buildings if the building abuts on a street ;

(g) the means to be provided for egress from the building in case of fire ;

(h) the materials and method of construction to be used for external and party walls for rooms, floors, fire-places and chimneys ;

(i) the height and slope of the roof above the uppermost floor upon which human beings are to live or cooking operations are to be carried on ; and

(j) any other matter affecting the ventilation and sanitation of the buildings ; and the person erecting or re ‑erecting the building shall obey all such written directions in every particular. 1[(2) The Board may refuse to sanction the erection or re‑erection of any building, either on grounds sufficient in the opinion of the Board affecting the particular buildin g, or in pursuance of a general scheme sanctioned by the 2[Competent Authority], restricting the erection or re‑erection of buildings within specified limits for the prevention of over‑crowding or in the interests of persons residing within such limits or for any other public purpose.

(3) The Board before sanctioning the erection or reerection of a building on land which is under the management of the Military Estates Officer, shall refer the application to the Military Estates Officer for ascertaining whether there is any objection on the part of Government to such erection or reerection ; and the Military Estates Officer shall return the application together with his report thereon to the Board within thirty days after it has been received by him.

(4) The Board may refuse to sanction the erection or reerection of any building__

(a) when the land on which it is proposed to erect or re‑erect the building is held on a lease 3[from the Government], if the erection or re‑erection constitutes a breach of the terms of the lease, or

1Subs. by Act No. XXIV of 1936, s. 47.

2Subs. by Ordinance No. XLIV of 1979, s. 2.

3Subs. by A.O., 1961, Art. 2 (with effect from the 23rd March, 1956).

(5) If the Board decides to refuse to sanction the erection or re‑erection of the building, it shall communicate in writing the reasons for such refusal to the person by whom notice was given.

(6) Where the Board neglects or omits, for one month after the receipt of a valid notice, to make and to deliver to the person who has given the notice any order of any nature specified in this section, and such person thereafter by a written communication sent by registered post to the Board calls the attention of the Board to the neglect or o mission, then, if such neglect or omission continues for a further period of fifteen days from the date of such communication the Board shall be deemed to have given sanction to the erection or re‑erection, as the case may be, unconditionally:

Provided that, in any case to which the provisions of sub‑section (3) apply, the period of one month herein specified shall be reckoned from the date on which the Board has received the report referred to in that sub‑section.]

Section 182. Compensation

(1) No compensation shall be claimable by any person for any damage or loss which he may sustain in consequence of the refusal of the 2[Board] of sanction to the erection of any building or in respect of any direction issued by it under sub‑section (1) of section 181.

(2) The 2[Board] shall make compensation to the owner of any building for any actual damage or loss sustained by him in consequence of the prohibition of the re‑erection of any building or of its requiring any land belonging to him to be added to the street:

Provided that the 2[Board] shall not be liable to make any compensation in respect of the prohibition of the re‑erection of any building which for a period of three years or more immediately preceding such refusal has not been in existence or has been unfit for human habitation.

Section 183. Lapse of sanction

Every sanction for the erection or re‑erection of a building given or deemed to have been given by the 2[Board] as hereinbefore provided shall be available for one year from the date on which it is given, and, if the building so sanctioned is not begun by the person who has obtained the sanction or some one lawfully claiming under him within that period, it shall not thereafter be begun 2[unless the Board on application made therefor has allowed an extensio n of that period.]

[2] Section 183A. Period for completion of building

A Board, when sanctioning the erection or re erection of a building as hereinbefore provided, shall specify a reasonable period after the work has commenced within which the erection or re‑erec tion is to be completed, and, if the erection or re‑erection is not completed within the period so fixed, it shall not be continued thereafter without fresh sanction obtained in the manner hereinbefore provided, unless the Board on application made therefor has allowed an extension of that period:

Provided that not more than two such extensions shall be allowed by the Board in any case.]

1Subs. by A.O., 1961, Art. 2 (with effect from the 23rd March, 1956).

2Subs. and ins. by Act No. XXIV of 1936, ss. 69,48 and 49.

Section 184. Illegal erection and reerection

Whoever begins, continues or completes the erection or re‑erection of a building__

(a) without having given a valid notice as required by sections 179 and 180, or before the building has been sanctioned or is deemed to have been sanctioned, or

(b) without complying with any direction made under sub‑section (1) of section 181, or

(c) when sanction has been refused, or has ceased to be available, 1[or has been suspended by the 2[Competent Authority], under clause (b) of sub‑section (1) of section 52], shall be punishable with fine which may extend to 3[fifty thousand] rupees.

Section 185. Power to stop erection or reerection or to demolish

1[(1)] A 1[Board] may, at any time, by notice in writing, d irect the owner, lessee or occupier of any land in the cantonment to stop the erection or re‑erection of a building in any case in which the 1[Board] considers that such erection or re‑erection is an offence under section 184, and may in any such case 1[or in any other case in which the Board considers that the erection or re‑erection of a building is an offence under section 184, 3[* * *] direct the alteration or demolition, as it thinks necessary, of the building, or any part thereof, so erected or re‑erected:

Provided that the 1[Board] may, instead of requiring the alteration or demolition of any such building or part thereof, accept by way of composition such sum as it thinks reasonable: 1[Provided further that the Board shall not, without the prev ious concurrence of the 2[Competent Authority], accept any sum by way of composition under the foregoing proviso in respect of any building on land which is not under the management of the Board.] 1[(2) A Board shall by notice in writing direct the owner, lessee or occupier of any land in the cantonment to stop the erection or re‑erection of a building in any case in which the order under section 181 sanctioning the erection or re‑erection has been suspended by the Officer Commanding‑in‑Chief, the Command, under clause (b) of sub‑section (1) of section 52, and shall in any such case in like manner direct the demolition or alteration, as the case may be, of the building or any part thereof so erected or re‑erected where the 2[Competent Authority], thereafter directs that the order of the Board sanctioning the erection or re‑erection of the building shall not be carried into effect or shall be carried into effect with modifications specified by him:

Provided that the Board shall pay to the owner of the buildi ng compensation for any loss actually incurred by him in consequence of the demolition or alteration of any building which has been erected or re‑erected prior to the date on which the order of the Officer Commanding‑in‑Chief, the Command, has been communicated to him.]

1Ins. renumbered and subs. by Act No. XXIV of 1936, ss. 50,51 and 69.

2Subs. by Ordinance No. XLIV of 1979), s. 2.

3Subs. and omitted by Act No. XLVII of 2023, ss.56 and 57. (In sub-section (1) of section 185 some words are added by amendment Act No. XXIV of 1936 later on the word “within” omitted by amendment Act No. XLVII of 2023).

(a) use or permit to be used for h uman habitation any part of a building not originally erected or authorized to be used for that purpose or not used for that purpose before any alteration has been made th erein by any work executed in accordance with the provisions of this Act;

(b) change or allow change of use of any land or building;

(2) Any person seeking change of use or conversion under sub -section (l) shall pay the fee prescribed by the Board.

(3) Any person who contravenes the provisions of this section shall be liable for payment of reasonable amount of fine along with penalty as may be determined by the Board.]

Section 186. Power to make byelaws

A 2[Board] may make bye‑laws prescribing__

(a) the manner in which notice of the intention to erect or re‑erect a building in the cantonment shall be given to the 2[Board] and the information and plans to be furnished with the notice ;

(b) the type or description of buildings which may or may not, and the purpose for which a building may or may not, be erected or re‑erected 3[in the cantonment or any part thereof];

(d) the fees payable on provision by the 2[Board] of plans or specifications of the type of buildings which may be erected in the cantonment or any part thereof ; 2[(e) the circumstances in which a mosque, temple or church or other sacred building may be erected or re‑erected ; and

(f) with reference to the erection or re‑erection of buildings, or of any class of building, all or any of the following matters, namely :__

(i) the line of frontage where the building abuts on a street ;

(ii) the space to be left about the building to secure free circulation of air and facilities for scavenging and for the prevention of fire ;

1Ins. by Act No. XLVII of 2023, s.58.

2Subs. repealed and ins. by Act No. XXIV of 1936, ss. 69 and 52.

3Subs. by Act No. XXXI of 1940, s. 6.

(iii) the materials and method of construction to be used for external and party‑walls, roofs and floors ;

(iv) the position, the material and the method of construction of fire‑places, chimneys, drains, latrines, privies, urinals and cesspools ;

(v) height and slope of the roof above the uppermost floor upon which human beings are to live or cooking operations are to be carried on ;

(vi) the level and width of the foundation, the level of the lowest floor and the stability of the structure ;

(vii) the number and height of the storeys of which the building may consist ;

(viii) the means to be provided for egress from the building in case of fire ;

(ix) the safeguarding of wells from pollution ; or

(x) the materials and method of construction to be used for godowns intended for the storage of foodgrains in excess of fifty maunds in order to render them rat proof 1[;]] 1[(g) classification and zoning of buildings;

(h) regulation of Schemes;

(i) conversion of plots or buildings from one use to another;

(j) fee, if any, in connection with the matters covered under this Chapter, imposed under this Act; and

(k) any other matter ancillary or incidental to the matters mentioned under this Chapter.]

Section 187. Projections and obstructions

(1) No owner or occupier of any building in a cantonment shall, without the permission in writing of the 2[Board], add to or place against or in front of the building any projection or structure overhanging, projecting into, or encroaching on, any street or any drain, sewer or aqueduct therein.

(2) The 2[Board] may, by notice in writing, require the owner or occupier of any such building to alter or remove any such projection or encroachment as aforesaid:

Provided that, in the ca se of any projection or encroachment lawfully in existence at the commencement of this Act, the 2[Board] shall make compensation for any damage caused by the removal or alteration.

(3) The 2[Board] may, by order in writing, give permission to the owners or occupiers of buildings in any particular street to put up open verandahs, balconies or rooms projecting from any

1Subs. and added by Act No. XLVII of 2023, s.59.

2Subs. by Act No. XXIV of 1936, s. 69.

upper story thereof to an extent beyond the line of the plinth or basement wall at such height from the level ground or street as may be specified in the order.

Section 188. Unauthorised buildings over drains, etc

A 1[Board] may, by notice in writing, require any person who has, without its permission in writing, newly erected or re‑erected any 2[structure] over any public sewer, drain, culvert, water‑course or water‑pipe in the cantonment to pull down or otherwise deal with the same as it thinks fit.

Section 189. Drainage and sewer connections

(1) A 1[Board] may, by notice in writing, require the owner or lessee of any building or land in any street, at his own expense and in such manner as the 1[Board] thinks fit, to put up and keep in good condition proper troughs and pipes for receiving and carrying rain water from the building or land and for discharging the same or to establish and maintain any other connection or communication between such building or land and any drain or sewer.

(2) For the purpose of efficiently draining any building or land in the cantonment, the 1[Board] may, by notice in writing, require the owner or lessee of the building or land__

(a) to pave, with such materials and in such manner as it thinks fit, any courtyard, alley or passage between two or more buildings, or

(b) to keep any such paving in proper repair.

Section 190. Power to attach brackets for lamps

A 1[Board] may attach to the outside of any building, or to any tree in the cantonment, brackets for lamps in such manner as not to occasion injury thereto or inconvenience. Streets.

Section 191. Temporary occupation of street, land, etc

A 1[Board] may, by order in writing, permit the temporary occupation of any street, or of any land vested in the 1[Board], for the purpose of depositing any building materials or making any temporary excavation therein or erection thereon, subject to such conditions as it may prescribe for the safety or convenience of the public, and may charge a fee for such permission and may in its discretion withdraw such permission.

Section 192. Closing and opening of streets

(1) A 1[Board] shall not permanently close any street or open any new street without the previous sanction of the 3[Director General].

(2) A 1[Board] may, by public notice, temporarily close any street or any part of a street for repair or for the purpose of carr ying out any work connected with drainage, water‑supply or lighting or any other work which it is by or under this Act required or permitted to carry out:

Provided that where, owing to any works or repairs or from any other cause, the condition of any street or of any water -works, drain, culvert or premises vested in the 1[Board], is such as to be likely to cause danger to the public, the 1[Board] shall__

1Subs. by Act No. XXIV of 1936, s. 69.

2Subs. by Act No. XXXI of 1940), s. 7.

3Subs. by Act No. XLVII of 2023, s.60.

(a) take all reasonable means for the protection of the adjacent buildings and land and provide reasonable means of access thereto ;

(b) cause sufficient barriers or fences to be erected for the security of life and property, and cause such barriers or fences to be sufficiently lighted from sunset to sunrise.

Section 193. Names of streets and numbers of buildings

(1) A 1[Board] may cause a name to be given to any street and to be affixed on any building in the cantonment in such place as it thinks fit, and may also cause a number to be affixed to any such building.

(2) Whoever destroys, pulls down, defaces or alters any such name or number or puts up any name or number differing from that put up by the order of the 1[Board] shall be punishable with fine which may extend to 2[ten thousand] rupees. 1[(3) When a number has been affixed to any building under sub‑section (1), the owner of the building shall maintain the number in order, and shall replace it if removed or defaced, and if he fails to do so the Board may by notice in writing require him to replace it.] Boundaries and Trees.

Section 194. Boundary walls , hedges and fences

(1) No boundary wall, hedge or fence of any material or description shall be erected in a cantonment without the per mission in writing of the 1[Board].

(2) A 1[Board] may, by notice in writing, require the owner or lessee of any land in the cantonment__

(a) to remove from the land any boundary wall, hedge or fence which is, in its opinion unsuitable, unsightly or otherwise objectionable ; or

(b) to construct on the land sufficient boundary walls, hedges or fences of such material, description or dimensions as may be specified in the notice ; or

Provided that, in the case of any such boundary wall, hedge or fence which was erected with the consent or under the orders of the 1[Board], or which was in existence at the commencement of this Act, the 1[Board] shall make compensation for any damage caused by the removal thereof.

(3) The 1[Board] may, by notice in writing, require the owner, lessee or occupier of any such land to cut or trim any hedge on the land in such manner and within such time as may be specified in the notice.

Section 195. Felling, lopping and trimming of trees

(1) Where, in the opinion of a 1[Board], the felling of any tree of mature growth standing in a private enclosure in the cantonment is necessary for any reason, the 1[Board] may, by notice in writing, require the owner, lessee or occupier of the land to fell the tree within such time as may be specified in the notice.

1Subs. and ins. by Act No. XXIV of 1936, ss. 69 and 53.

2Sus. by Act No. XLVII of 2023, s. 61.

(2) A 1[Board] may__

(a) cause to be lopped or trimmed any tree standing on land in the cantonment which belongs to 2[the Government] ; or

(b) by public notice require all owners, lessees or occupiers of land in the cantonment, or by notice in writing require the owner, lessee or occupier of any such land, to lop or trim, in such manner as may be specified in the notice, all or any trees standing on such land or to remove any dead trees from such land.

Section 196. Digging of public land

Whoever, without the permission in writing of the 1[Board], digs up the surface of any open space in the cantonment, which is not private property, shall be punishable with fine which may extend to 3[two thousand] rupees, and, in the case of a continuing offence, 4[with an additional fine] which may extend to 3[fifty] rupees for every day after the first during which the offence continues.

Section 197. Improper use of land

(1) If, in the opinion of a 1[Board], the working of a quarry in the cantonment, or the removal of stone, earth or other material from the soil in any place in the cantonment, is dangerous to persons residing in or frequenting the neighbourhood of such quarry or place, or creates, or is likely to create, a nuisance, the 1[Board] may, by notice in writing, prohibit the owner, lessee or occupier of such quarry or place or the person responsible for such 4[working] or removal, from continuing or permitting the working of such quarry or the moving of such material, or require him to take such steps in the matter as the 1[Board] may direct for the purp ose of preventing danger or abating the nuisance arising or likely to arise therefrom.

(2) If, in any case referred to in sub‑section (1), the 1[Board] is of opinion that such a course is necessary in order to prevent imminent danger, it may, by order in w riting, require a proper hoarding or fence to be put up for the protection of passers‑by. _______

CHAPTER XII.

MARKETS, SLAUGHTERHOUSES, TRADES AND OCCUPATIONS.

Section 198. Public markets and slaughterhouses

(1) A 1[Board] may provide and maintain, either within or without the cantonment, public markets and public slaughter‑houses, to such number as it thinks fit, together with stalls, shops, sheds, pens and other buildings or conveniences for the use of persons carrying on trade or business in or fr equenting such markets or slaughter‑houses, and may provide and maintain in any such market buildings, places, machines, weights, scales and measures for the weighment or measurement of goods sold therein.

(2) When such market or slaughter‑house is situated beyond cantonment limits, the 1[Board] shall have the same power for the inspection and proper regulation of the same as if it were situated within those limits.

(3) The 1[Board] may at any time, by public no tice, close any public market or public slaughter‑house or any part thereof.

1Subs. by Act No. XXIV of 1936, s. 69.

2Subs. by A.O., 1961, Art. 2 (with effect from the 23rd March, 1956).

3Subs. by Act No. XLVII of 2023, s. 62.

4Subs. by the Repealing and Amending Act, 1930 (Act No. VIII of 1930), s. 2 and 1st Sch.

Section 199. Use of public market

(1) No person shall, without the general or special permission in writing of the 1[Board], sell or expose for sale any animal or article in any public market.

(2) Any person contravening the provisions of this section, and any animal or article exposed for sale by such person, may be summarily removed from the market by or under the orders of the Executive Officer or any officer or servant of the 1[Board] authorised by it in this behalf.

Section 200. Levy of stallages, rents and fees

A 1[Board] may__

(a) charge for the occupation or use of any stall, shop, standing, shed or pen in a public market, or public slaughter‑house, or for the right to expose goods for sale in a public market, or for weighing or measuring goods sold therein, or for the right to slaughter animals in any public slaughter‑house, such stallages, rents and fees as it thinks fit ; or

(b) with the sanction of the 2[Competent Authority], farm the stallages, rents and fees leviable as aforesaid or any portion thereof for any period not exceeding one year at a time ; or

(c) put up to public auction, or with the sanction of the 2[Competent Authority], dispose of by private sale, the privilege of occupying or using any stall, shop, standing, shed or pen in a public market or public slaughter‑house for such term and on such conditions as it thinks fit.

Section 201. Stallages, rents, etc., to be published

A copy of the table of stallages, rents and fees, if any, leviable in any public market or public slaughter‑house, and of the bye‑laws made under this Act for the purpose of regulating the use of such market or slaughter‑house, printed in the English language and in such other language or languages as the 1[Board] may direct, shall be affixed in some conspicuous place in the market or slaughter‑house.

Section 202. Private markets and slaughterhouses

(1) No place in a cantonment other than a public market shall be used as a market, and no place in a cantonment other than a public slaughter‑house shall be used as a slaughterhouse, unless such place has been licensed as a market or slaughterhouse, as the case may be, by the 1[Board]:

Provided that nothing in this sub‑section shall apply in the case of a slaughter‑house established and maintained by the Government.

(2) Nothing in sub‑section (1) shall be deemed__

1Subs. by Act No. XXIV of 1936, s. 69.

2Subs. by Ordinance No. XLIV of 1979, s. 2.

(b) to prevent the Executive Officer, with the sanction of the 1[Board], from setting apart places for the slaughter of animals in accordance with religious custom, when such animals are slaughtered for consumption by the troops or for the purpose of the sale of the flesh thereof to the troops.

(3) Whoever omits to comply with any condition imposed by the Executive Officer under clause (a) of sub‑section (2) shall be punishable with fine which may extend to 2[five thousand] rupees and, in the case of a continuing offence, with an additional fine which may extend to 2[one hundred] rupees for every day after the first during which the offence is continued.

Section 203. Conditions of grant of license for private market or slaughter house

(1) A 1[Board] may charge such fees as it thinks fit to impose for the grant of a licence to any person to open a private market or private slaughter‑house in the cantonment, and may grant such licence subject to such conditions, consistent with this Act and any bye‑laws made thereunder, as it thinks fit to impose.

(2) The 1[Board] may refuse to grant any such licence without giving reasons for such refusal.

Section 204. Penalty for keeping market or slaughterhouse open without licence, etc

(1) Any person who keeps open for public use any market or slaughter‑house in respect of which a licence is required by or under this Act, without obtaining licence therefor, or while the licence therefor is suspended, or after the same has been cancelled, shall be punishable with fine which may extend to 2[five thousand] rupees and, in the case of a continuing offence, with an additional fine which may extend to 2[fifty] rupees for every day after the first during which the offence is continued.

(2) When a licence to open a private market or private slaughter‑house is granted or refused or is suspended or cancelled, the 1[Board] shall cause a notice of the grant, refusal, suspension or cancellation to be posted in English, and in such other language or languages as it thinks necessary, in some conspicuous place by or near the entrance to the place to which the notice relates.

Section 205. Penalty for using unlicensed market or slaughterhouse

Whoever, knowing that any market or slaughterhouse has been opened to the public without a licence having been obtained therefor when such licence is required by or under this Act, or that the licence granted therefor is for the time being suspended or th at it has been cancelled, sells or exposes for sale any article in such market, or slaughters any animal in such slaughterhouse, shall be punishable with fine which may extend to 2[ten thousand] rupees and, in the case of a continuing offence, with an additional fine which may extend to 2[five thousand] rupees for every day after the first during which the offence is continued.

Section 206. Prohibition and restriction of use of slaughterhouse

(1) Where, in the opinion of the 1[Board], it is necessary on sanitary grounds so to do, it may, by public notice, prohibit for such period, not exceeding one month, as may be specified in the notice, or for such further period, not exceeding one month, as it may specify by a like notice, the use of any private slaug hterhouse specified in the notice, or the slaughter therein of any animal of any description so specified.

1Subs. by Act No. XXIV of 1936, s. 69.

2Subs. by Act No. XLVII of 2023, ss. 63, 64 and 65.

(2) A copy of every notice issued under subsection (1) shall be conspicuously posted in the slaughterhouse to which it relates.

Section 207. Power to inspect slaughterhouses

(1) Any servant of a 1[Board], authorised by order in writing in this behalf by the President of the Board 1[* *] or the Health Officer, may, if he has reason to believe that any animal has been, is being, or is about to be slaughtered in any place in contravention of the provisions of this Chapter, enter into and inspect any such place at any time, whether by day or by night.

(2) Every such order shall specify the place to be entered and the locality in which the same is situated and the period, which shall not exceed seven days, for which the order is to remain in force.

Section 208. Power to make byelaws

A 1[Board] may, with the approval of the 2[Federal Government], make bye‑laws consistent with this Act to provide for all or any of the following matters, namely :__

(a) the days on, and the hours du ring, which any private market or private slaughter‑house may be kept open for use ;

(b) the regulation of the design, ventilation and drainage of such markets and slaughter‑houses, and the material to be used in the construction thereof ;

(c) the keeping of such markets and slaughter‑houses and lands and buildings appertaining thereto in a clean and sanitary condition, the removal of filth and refuse therefrom, and the supply therein of pure water and of a sufficient number of latrines and urinals for the use of persons using or frequenting the same ;

(d) the manner in which animals shall be stalled at a slaughter‑house ;

(e) the manner in which animals may be slaughtered ;

(f) the disposal or destruction of animals offered for slaughter which are, from disease or any other cause, unfit for human consumption ; and

(g) the destruction of carcases which from disease or any other cause are found after slaughter to be unfit for human consumption. Trades and Occupations.

Section 209. Provisions of washing places

(1) A 1[Board] may provide suitable places for the exercise by washermen of their calling, and may require payment of such fees for the use thereof as it thinks

fit.

(2) Where the 1[Board] has provided such places as aforesaid it may, by public notice, prohibit the washing of clothes by washermen at any other place in the cantonment:

Provided that such prohibition shall not be deemed to apply to the washing by a washerman of his own clothes or of the clothes of any other person who is an occupier of the place at which they are washed.

1Subs. and omitted by Act No. XXIV of 1936, ss. 69 and 54.

2Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.

(3) Whoever contravenes any prohibition contained in a notice issued under sub‑section (2) shall be punishable with fine which may extend to 1[two thousand] rupees.

Section 210. Licences required for carrying on of certain occupations

(1) No person of any of the following classes, namely :__

(a) butchers and vendors of poultry, game or fish ;

(b) persons keeping pigs for profit, and dealers in the flesh of pigs which have been slaughtered in 2[Pakistan] ;

(d) persons keeping for profit any animals other than pigs, milch cattle or milch goats ;

(e) dairymen, buttermen and makers and vendors of ghee;

(f) makers of bread, biscuits or cake, and vendors of bread, biscuits or cake made in 2[Pakistan];

(g) vendors of fruit or vegetables ;

(h) manufacturers of aerated or other potable waters or of ice or ice‑cream, and vendors of the same ; 3[(i)] vendors of any medicines, drugs or articles of food or drink, for human consumption (other than the flesh of pigs, milk, butter, bread, biscuits, cake, fruit, vegetables, aerated or other potable waters or ice or ice‑cream) which are of a perishable nature ; 3[(j)] vendors of water to be used for drinking purposes ; 3[(k)] washermen ; 3[(1)] dealers in hay, straw, wood, charcoal or other inflammable material ;` 3[(m)] dealers in fire‑works, kerosene oil, petroleum or any other inflammable oil or spirit ; 3[(n)] tanners and dyers ; 3[(o)] persons carrying on any trade or occupation from which offensive or unwholesome smells arise ; 3[(p)] vendors of wheat, rice and other grain or of flour ;4* 3[(q)] makers and vendors of sugar or sweetmeats ; 4[and

1Subs. by Act No. XLVII of 2023, s. 66.

2Subs. by Adaptation of Central Acts and Ordinances Order, 1949 (Order No. 4 of 1949) s. 3.

3Relettered by the Repealing and Amending Act, 1934 (Act No. XXIV of 1934), s. 2 and 1st Sch. 4Omitted and ins. by Act No. XXIV of 1936, s. 55.

(2) A licence granted under sub‑section (1) shall be valid 2[until the end of the year in which it is issued] and the grant of such licence shall not be withheld by the 2[Board] unless it has reason to believe that the business which it is intended to establish or maintain would be offensive or dangerous to the public.

(3) Notwithstanding anything contained in sub‑section (1),__

(a) no person who was, at the commencement of this Act, carrying on his trade, calling or occupation in any part of a cantonment shall be bound to apply for a licence for carrying on such trade or occupation in that part until he has received from the 2[Board] not less than three months’ notice in writing of his obligation to do so, and if the 2[Board] refuses to grant him a licence, it shall pay compensation for any loss, incurred by reason of such refusal ;

(b) no person shall be required to take out a licence for the sale or storage of petroleum or for the sale or possession for sale of poisons or white arsenic in any case in which he is required to take out a licence for such sale, storage or possession for sale by or under t he 3[Petroleum Act, 1934 (XXX of 1934)], or the Poisons Act, 1919 (XII of 1919).

(4) The 2[Board] may charge for the grant of licences under this section such fees 1[* * * * * * *] as it may fix with the previous sanction of the 4[Federal Government].

Section 211. Conditions which may be attached to licences

A licence granted to any person under section 210 shall specify the part of the cantonment which the licensee may carry on his trade, calling or occupation, and may regulate the hours and manner of transport within the cantonment of any specified articles intended for human consumption, and may contain any other conditions which the 2[Board] thinks fit to impose in accordance with bye‑laws made under this Act.

General Provisions.

Section 212. Power to vary licence

If a 2[Board] is satisfied that any place used under a licence granted under this Chapter is a nuisance or is likely to be dangerous to life, health or property, the 2[Board] may, by notice in writing, require the owner, lessee or occupier thereof to discontinue the use of such place or to effect such alterations, ad ditions, or improvements as will, in the opinion of the 2[Board], render it no longer a nuisance or dangerous.

1Ins. and omitted by Act No. XLVII of 2023, s. 67.

2Subs. by Act No. XXIV of 1936, ss. 69 and 55.

3Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (Ordinance No. XXVI of 1981), s. 3 and Sch. II.

4Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.

Section 213. Carrying on trade, etc., without licence or in contravention of section 212

Whoever carries on any trade, calling or occupation for which a licence is required without obtaining a licence therefor or while the licence therefor is suspended or after the same has been cancelled, and whoever, after receiving a notice under section 212, uses or allows to be used any building or place in contravention thereof, shall be punishable with fine which may extend to 1[five thousand] rupees and, in the case of a continuing offence, with an additional fine which may extend to 1[two thousand] rupees for every day after the first during which the offence is continued.

Section 214. Feeding animals on dirt, etc

Whoever feeds or allows to be fed on filthy or deleterious substances any animal, which is kept for the purpose of supplying milk to, or which is intended to be used as food for, the inhabitants of a cantonment or allows it to graze in any place in which grazing has, for sanitary reasons, been prohibited by public notice by the 2[Board] shall be punishable with fine which may extend to 1[two thousand] rupees. Entry, Inspection and Seizure.

Section 215. Powers of entry and seizure

(1) The President or the Vice‑President 2[* * * ] the Executive Officer, the Health Officer, the Assistant Health Officer, or any other officer or servant of a 2[Board] authorised by it in writing in this behalf,__

(a) may at any time enter into any market, building, shop, stall or other place in the cantonment for the purpose of inspecting, and may inspect, any animals, article or thing intended for human food or drink or for medicine, whether exposed or hawked about for sale or deposited in or brought to any place for the purpose of sale, or of preparat ion for sale, or any utensil or vessel for preparing, manufacturing or containing any such article, or thing, and may enter into and inspect any place used as a slaughter‑house and may examine any animal or article therein ;

(b) may seize any such animal, article or thing which appears to him to be diseased, or unwholesome or unfit for human food or drink or medicine, as the case may be, or to be adulterated or to be not what it is represented to be, or any such utensil or vessel which is of such a kind or in such a state as to render any article prepared, manufactured or contained therein unwholesome or unfit for human food or for medicine, as the case may be.

(2) Any article seized under sub‑section (1) which is of a perishable nature may, under the orders of the Health Officer or the Assistant Health Officer, forthwith be destroyed if, in his opinion, it is diseased, unwholesome or unfit for human food, drink or medicine, as the case may be.

(3) Every animal, article, utensil, vessel or other thing s eized under sub‑section (1) shall, if it is not destroyed under sub‑section (2), be taken before a Magistrate 3[who shall give orders as to its disposal].

1Subs. by Act No. XLVII of 2023, ss. 68 and 69.

2Subs. and omitted by Act No. XXIV of 1936, ss. 69 and 56.

3Added by Act No. VIII of 1944, s. 7.

Provided that__

(a) such substance has been added to the article because the same is required for the preparation or production thereof as an article of commerce in a state fit for carriage or consumption and not fraudulently to increase the bulk, weight or measure of the food or drink or conceal the inferior quality thereof, or

(b) in the process of production, preparation or conveyance of such article of food or drink, the extraneous substance has unavoidably become intermixed therewith, or

(c) the owner or person in possession of the article has given sufficient notice by means of a label distinctly and legibly written or printed thereon or therewith, or by other means of a public description, that such substance has been added, or

(d) such owner or person has purchased the article with a written warranty that it was of a certain nature, substance and quality and had no reason to believe that it was not of such nature, substance and quality, and has exposed it or hawked it about or brought it for sale in the same state and by the same description as that in and by which he purchased it. Import of Cattle and Flesh.

Section 216. Import of cattle and flesh

(1) No person shall, without the permission in writing of the 2[Board], bring into a cantonment any animal intended for human consumption, or the flesh of any animal slaughtered outside the cantonm ent otherwise than in a slaughter‑house maintained by the Government or the 2[Board].

1Subs. by Act No. XLVII of 2023, s.70.

2Subs. by Act No. XXIV of 1936, s. 69.

(3) Whoever contravenes the provisions of sub‑section (1) shall be punishable with fine which may extend to 3[five thousand] rupees.

(4) Nothing in this section shall be deemed to apply to cured or pr eserved meat or to animals driven or meat carried through a cantonment for consumption outside thereof, or to meat brought into a cantonment by any person for his immediate domestic consumption:

Provided that the 1[Board] may, by public notice, direct that the provisions of this section shall apply to cured or preserved meat of any specified description or brought from any specified place. _______

CHAPTER XIII.

WATER‑SUPPLY, DRAINAGE AND LIGHTING. Water supply.

Section 217. Maintenance of water-supply

(1) In every cantonment where a sufficient supply of pure water for domestic use does not already exist, the 1[Board] shall provide or arrange for the provision of such a supply.

(2) The 1[Board] shall, as far as possible, make adequate provision that such supply shall be continuous throughout the year, and that the water shall be at all times pure and fit for human consumption.

Section 218. Control over sources of public water-supply

(1) The 1[Board] may, with the previous sanction of the 4[Federal Government], by public notice, declare any lake, stream, spring, well, tank, reservoir or other source, whether within or without the limits of the cantonment (other than a source of water‑supply und er the control of the 5[Military Engineer] Services or the Public Works Department) from which water is or may be made available for the use of the public in the cantonment to be a source of public water‑supply.

(2) Every such source shall be under the control of the 1[Board].

Section 219. Power to require maintenance or closing of private source of public drinking water supply

The 1[Board] may, by notice in writing, require the owner or any person having the control of any source of public water‑supply which is used for drinking purposes__

(a) to keep the same in good order and to clear it from time to time of silt, refuse and decaying vegetation, or

(b) to protect the same from contamination in such manner as the 1[Board] may direct, or

1Subs. by Act No. XXIV of 1936, s. 69.

2Subs. by Act No. VIII of 1944, s. 8.

3Subs. by Act No. XLVII of 2023, s.71.

4Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.

5Subs. by Act No. VII of 1925, s. 9.

Provided that, in the case of a well, such person as aforesaid may, instead of complying with the notice, signify in writing his desire to be relieved of all responsibility for the proper maintenance of the well and his readiness to place it under the control and supervision of the 1[Board] for the use of the public, and, if he does so, he shall not be bound to carry out the requisition, and the 1[Board] shall undertake the control and supervision of the well.

Section 220. Supply of water

(1) The 1[Board] may permit the owner, lessee or occupier of any building or land to connect the building or land with a source of public water‑supply by means of communication pipes of such size and description as it may prescribe for the purpose of obtaining water for domestic use.

(2) The occupier of every building so connected with the water‑supply shall be entitled to have for domestic use, in return for the water tax, if any, such quantity of water as the 1[Board] may determine.

(3) All water supplied in excess of the quantity to which such supply is limited under sub‑section (2) and, in a cantonment in which a water tax is not imposed, all water supplied under this section, shall be paid for at such rate as the 1[Board] may fix.

(4) The supply of water for domestic use shall not be deemed to include any supply__

(a) for animals or for washing vehicles where such animals or vehicles are kept for sale or hire ;

(b) for any trade, manufacture or business ;

(d) for gardens or for purposes of irrigation ;

(e) for making or watering roads or paths ; or

(f) for building purposes.

Section 221. Power to require water supply to be taken

If it appears to the 1[Board] that any building or land in the cantonment is without a proper supply of pure water, the 1[Board] may, by notice in writing, require the owner, lessee or occupier of the building or land to obtain from a source of public water‑supply such quantity of water as is adequate to the requirements of the persons usually occupying or employ ed upon the building or land, and to provide communication pipes of the prescribed size and description, and to take all necessary steps for the above purposes.

1Subs. by Act No. XXIV of 1936, s. 69.

Section 222. supply of water under agreement

(1) The 1[Board] may, by agreement, supply, from any source of public water‑supply, the owner, lessee or occupier of any building or land in the cantonment with any water for any purpose, other than a domestic purpose, on such terms and conditions, consistent with this Act and the rules and bye‑laws made thereunder, as may be agreed upon between the 1[Board] and such owner, lessee or occupier.

(2) The 1[Board] may withdraw such supply or curtail the quantity thereof at any time if it should appear necessary to do so for the purpose of maintaining sufficient supply of water for domestic use by inhabitants of the cantonment.

Section 223. Board n ot liable for failure of supply

Notwithstanding any obligation imposed on 1[Boards] under this Act, a 1[Board] shall not be liable to any forfeiture, penalty or damages for failure to supply water or for curtailing the quantity thereof if the failure or curtailment, as the case may be, arises from accident or from drought or other unavoidable cause unless, in the case of an agr eement for the supply of water under section 222, the 1[Board] has made express provision for forfeiture, penalty or damages in the event of such failure or curtailment.

Section 224. Conditions of universal application

Notwithstanding anything hereinbefore contained or contained in any agreement under section 222, the supply of water by a 1[Board] to any building or land shall be, and shall be deemed to have been, granted subject to the following conditions, namely:__

(a) the owner, lessee or occupier of any building or land in or on which water supplied by the 1[Board] is wasted by reason of the pipes, drains or other works being out of repair shall, if he has knowledge thereof, give notice of the same to such officer as the 1[Board] may appoint in this behalf ;

(b) the Executive Officer or any other officer or servant of the 1[Board] authorised by it in writing in this behalf may enter into or on any premises supplied with water by the 1[Board], for the purpose of exami ning all pipes, taps, works and fittings connected with the supply of water and of ascertaining whether there is any waste or misuse of such water ;

(c) the 1[Board] may, after giving notice in writing, cut off the connection between any source of public water‑supply and any building or land to which water is supplied for any purpose therefrom, or turn off such supply if__

(i) the owner or occupier of the building or land neglects to pay the water tax or other charges connected with the water‑supply within one month from the date on which such tax or charge falls due for payment ;

(ii) the occupier refuses to admit the Executive Officer or other authorised officer or servant of the 1[Board] into the building or land for the purpose of making any examination or inquiry authorised by clause (b) or prevents the making of such examination or inquiry ;

(iii) the occupier wilfully or negligently misuses or causes waste of water ;

(iv) the occupier wilfully or negligently injures or damages his meter or any pipe or tap conveying water from the water‑works ;

1Subs. by Act No. XXIV of 1936, s. 69.

(d) the expense of cutting off the connection or of turning off the water in any case referred to in clause (c) shall be paid by the owner or occupier of the building or land ;

(e) no action taken under or in pursuance of clause (c) shall relieve any person from any penalty or liability which he may otherwise have incurred.

Section 225. Supply to persons outside cantonment

A 1[Board] may allow any person not residing within the limits of the cantonment to take or be supplied with water for any purpose from any source of public water‑supply on such terms as it may prescribe, and may at any time withdraw or curtail such supply.

226. Penalty. Whoever__

(a) uses for other than domestic purposes any water supplied by a 1[Board] for domestic use, or

(b) where water is supplied by agreement with a 1[Board] for a specified purpose, uses that water for any other purpose, shall be punishable with fin e which may extend to 2[one thousand] rupees, and the 1[Board] shall be entitled to recover from him the price of the water misused. Water, Drainage and other Connections.

Section 227. Power of Board to lay wires, connections, etc

A 1[Board] may carry any cable, wire, pipe, drain, sewer or channel of any kind,__

(a) for the purpose of carrying out, establishing or maintaining any system of water‑supply, lighting, drainage, or sewerage, through, across, under or over any road or street, or any place laid out or intended as a road or street, or, after giving reasonable notice in writing to the owner or occupier, into, through, across, under or over any land or building, or up the side of any building, situated within the cantonment, or

(b) for the purpose of supplying water or of the introduction or distribution of outfall of water or for the removal or outfall of sewage, after giving reasonable notice in writing to the owner or occupier, into, through, across, under or over any land or bu ilding, or up the side of any building, situated outside the cantonment ; and may at all times do all acts and things which may be necessary or expedient for repairing or maintaining any such cable, wire, pipe, drain, sewer or channel in an effective state for the purpose for which the same may be used or is intended to be used:

1Subs. by Act No. XXIV of 1936, s. 69.

2Subs. by Act No. XLVII of 2023, s.72.

Provided that no nuisance shall be caused in excess of what is reasonably necessary for the proper execution of the work:

Provided, further, that compensation shall be payable to the owner or occupier for any damage sustained by him which is directly occasioned by the carrying out of any such operation.

Section 228. Wires, etc., laid above surface of gro und

In the event of any cable, wire, pipe, drain, sewer or channel being laid or carried above the surface of any land or through, over or up the side of any building, such cable, wire, pipe, drain, sewer or channel shall be so laid or carried as to inter fere as little as possible with the rights of the owner or occupier to the due enjoyment of such land or building, and compensation shall be payable by the 1[Board] in respect of any substantial interference with the right to any such enjoyment.

Section 229. Connection with main not to be made without permission

No person shall, for any purpose whatsoever, without the permission of the 1[Board], at any time make or cause to be made any connection or communication with any cable, wire, pipe, drain, sewer or channel constructed or maintained by, or vested in, a 1[Board].

Section 230. Power to prescribe ferrules and to establish meters, etc

A 1[Board] may prescribe the size of the ferrules to be used for the supply of gas, if any, and may establish meters or other appliances for the purpose of testing the quantity of any water, or the quantity or quality of any gas supplied to any premises by the 1[Board].

Section 231. Power of inspection

The ferrules, communication pipes, connections, meters, stand‑pipes and all fittings thereon or connected therewith leading from water mains or from pipes, drains, sewers or channels into any house or land, to which water or gas is supplied by a 1[Board], and the pipes, fittings, and works inside any such house or within the limits of any such land, shall in all cases be 2[installed or] executed subject to the inspection and to the satisfaction of the 1[Board].

Section 232. Power to fix rates and charges

A 1[Board] may fix the charges to be made for the establishment by them or through their agency of communications from, and connections with, mains, or pipes for the supply of water, or gas, or for meters or other appliances for testing the quantity or quality thereof supplied, and may levy such charges accordingly. Application of this Chapter to Government Water‑supplies.

Section 233. Government water-supply

(1) Where in any cantonment there is a water‑supply under the control of the 3[Military Engineer] Services or the Public Works Department, the Officer of the 3[Military Engineer] Services or of the Public Works Department, as the case may be, in charge of such water‑supply (hereinafter in 1[this Chapter] referred to as the Officer) may publish in the cantonment in such manner as he thinks fit a notice declaring that any lake, stream, spring, well, tank, reservoir or other source, whether within or without the limits of the cantonment (other than a source of public water‑supply) under the control of the 1[Board] is a source of public water‑supply and may, for the purpose of keeping any such source in good order or of protecting it from contamination or from use, require the 1[Board] to exercise any power conferred upon 4[it] by section 219.

1Subs. by Act No. XXIV of 1936, ss. 69 and 57.

2Ins. by the Repealing and Amending Act, 1930 (Act No. VIII of 1930), s. 2 and 1st Sch.

3Subs. by Act NO. VII of 1925), s. 9.

4Subs. by the Repealing and Amending Act, 1939 (Act No. XXXIV of 1939), s. 2 and 1st Sch.

(2) In the case of any water‑supply such as is referred to in sub‑section (1), the following provisions of this Chapter, namely, the provisions of sections 220, 222, 223, 224, 226, 227, 228, 229, 230, 231, and 232 shall, as far as may be, be applicable in respect of the supply of water to the cantonment, and for the purpose of such application references to the 1[Board] shall be construed as references to the Officer, and references to the Executive Officer or other officer or serv ant of the 1[Board] shall be construed as references to such person as may be authorised in this behalf by the Officer.

Section 234. Recovery of charges

In any case in which the provisions of section 233 apply 1[and in which the Board is not receiving a bulk supply of water under section 234A,] the watertax, if any, imposed in the cantonment and all other charges arising out of the supply of water which may be imposed under the provisions of this Chapter as applied by section 233 shall be recovered by the 1[Board], and all monies so recovered, or such proportion thereof as the 3[Federal Government] may in each case determine, shall be paid by the 1[Board] to the Officer.

[1] Section 234A. Supply of water from Government watersupply to the Board

(1) Where in any cantonment there is a watersupply such as is referred to in sub‑section (1) of section 233, the Board may 2[and so long as the Board is unable to provide a water‑supply of its own, it shall] receive from the Military Engineer Services or the Public Works Department, as the case may be, at such point or points as may be agreed upo n between the Board and the Officer, a supply of water adequate to the requirements for domestic use of all persons in the cantonment other than entitled consumers.

(2) Any supply of water received under sub‑section (1) shall be a bulk supply, and the Boar d shall make such payments to the Officer for all water so received as may be agreed upon between the Board and the Officer, or, in default of such agreement, as may be determined by the 3[Federal Government] to be reasonable having regard to the actual cost of supplying the water in the cantonment and the rate charged for water in any adjacent municipality:

Provided that, notwithstanding anything contained in this Act, the Board shall not charge for the supply to persons in the cantonment of water received by the Board under this section a rate calculated to produce more than the sum of the payments made to the Officer for water received and the actual cost of the supply thereof by the Board to consumers.

(3) If any dispute arises between the Board and the Officer regarding the amount of water adequate to the requirements of persons in the cantonment other than entitled consumers, the dispute shall be referred to the 3[Federal Government] whose decision shall be final.

Section 234B. Functions of the Board in relation to distribution of bulk supply

Where under the provisions of subsection (1) of section 234A a bulk supply of water is received by the Board, the Board shall be solely responsible for the supply of water to all persons in the can tonment other than entitled consumers; and the provisions of this Act shall apply as if such bulk supply were a source of public

1Subs. and ins. by Act No. XXIV of 1936, ss. 69, 58 and 59.

2Ins. by Act No. XV of 1942, ss. 10 and 11.

3Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.

CHAPTER XIV.

REMOVAL AND EXCLUSION FROM CANTONMENTS AND SUPPRESSION OF SEXUAL IMMORALITY.

Section 235. Power to remove brothels and prostitutes

The 1[Officer Commanding the station] may, on receiving information that any building in the cantonment is used as a brothel or for purposes of prostitution, by order in writing setting forth the substance of the information received, summon the owner, lessee, tenant or occupier of the building to appear before him either in person or by an authorised agent, and, if the 1[Officer Commanding the station] is then satisfied as to the truth of the information, he may, by order in writing, direct the owner, lessee, tenant or occupier, as the case may be, to discontinue such use of the building within such period as may be specified in the order.

Section 236. Penalty for loitering and importuning for purposes of prostitution

(1) Whoever in a cantonment loiters for the purpose of prostitution or importunes any person to the commission of sexual immorality, shall be punishable with imprisonment which may extend to one month, or with fine which may extend to 2[twenty thousand] rupees.

(2) No prosecution for an offence under this section shall be instituted except on the complaint of the person importuned, or of a military officer in whose presence the offence was committed, or of a member of the Military or Air Force Police, being employed in the cantonment and authorised in this behalf by the 1[Officer Commanding the station], in whose presence the offence was committed, or of a police officer not below the rank of a sub‑inspector 3[or a sergeant] who is employed in the cantonment and authorised in this behalf by the 1[Officer Commanding the station] 3[with the concurrence of the District Magistrate].

Section 237. Removal of lewd person from cantonment

If the 1[Officer Commanding the station] is, after such inquiry as he thinks nec essary, satisfied that any person residing in or frequenting the cantonment is a prostitute or has been convicted of an offence under section 236, or of the abetment of such an offence, he may cause to be served on such person an order in writing requiring such person to remove from the cantonment within such time as may be specified in the order, and prohibiting such person from re‑entering it without the permission in writing of the 1[Officer Commanding the station].

Section 238. Removal and exclusion from canton ment of disorderly persons

(1) A Magistrate of the first class, having jurisdiction in a cantonment, on receiving information that any person residing in or frequenting the cantonment__

(a) is a disorderly person who has been convicted more than once of gaming or who keeps or frequents a common gaming house, a disorderly drinking shop or a disorderly house of any other description, or

(b) has been convicted more than once, either within the cantonment or elsewhere, of an offence punishable under Chapter XVII of the Pakistan Penal Code (XLV of 1860), or

1Subs. by Act No. VII of 1925, ss. 10 and 14.

2Subs. by Act No. XLVII of 2023, s.74.

3Ins. by Act No. VII of 1931, s. 7.

(d) has been ordered under Chapter VIII of the Code of Criminal Procedure, 1898 (V of 1898), either within the cantonment or elsewhere, to execute a bond for his good behaviour, may record in writing the substance of the information received, and may issue a summons to such person requiring such person to appear and show cause why he should not be required to remove from the cantonment and be prohibited from re‑entering it.

(2) Every summons issued under sub‑section (1) shall be accompanied by a copy of the record aforesaid, and the copy shall be served alongwith the summons on the person against whom the summons is issued.

(3) The Magistrate shall, when the person so summoned ap pears before him, proceed to inquire into the truth of the information received and take such further evidence as he thinks fit, and if, upon such inquiry, it appears to him that such person is a person of any kind described in sub‑section (1) and that it is necessary for the maintenance of good order in the cantonment that such person should be required to remove therefrom and be prohibited from re‑entering the cantonment, the Magistrate shall report the matter to the 2[Officer Commanding the station], and, if the 2[Officer Commanding the station] so directs, shall cause to be served on such person an order in writing requiring him to remove from the cantonment within such time as may be specified in the order and prohibiting him from re‑entering it without the permission in writing of the 2[Officer Commanding the station].

Section 239. Removal and exclusion from cantonment of seditious persons

(1) If any person in a cantonment causes or attempts to cause or does any act which he knows is likely to cause disloyalty, disaffection or breaches of discipline amongst any portion of 3[the armed forces of Pakistan] or is a person who, the 2[Officer Commanding the station] has reason to believe, is likely to do any such act, the 2[Officer Commanding the station] m ay make an order in writing setting forth the reasons for the making of the same and requiring such person to remove from the cantonment within such time as may be specified in the order and prohibiting him from re‑entering it without the permission in writing of the 2[Officer Commanding the station]:

Provided that no order shall be made under this section against any person unless he has had a reasonable opportunity of being informed of the grounds on which it is proposed to make the order and of showing cause why the order should not be made.

(2) Every order made under sub‑section (1) shall be sent to the Superintendent of Police of the district, who shall cause a copy thereof to be served on the person concerned.

(3) Upon the making of any order und er sub‑section (1), the 2[Officer Commanding the station] shall forthwith send a copy of the same to the 4[Federal Government].

(4) The 4[Federal Government] may, of its own motion, and shall, on application, made to it in this behalf within one month of the date of the order by the person against whom the order has been made, call upon the District Magistrate to make, after such inquiry as the 4[Federal Government] may prescribe, a report regarding the justice of the order and the necessity therefor. At every such inquiry the person against whom the order has been made shall be given an opportunity of being heard in his own defence.

1Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (Ordinance No. XXVIII of 1981), s. 3 and Sch. II.

2Subs. by Act No. VII of 1925), s. 14.

3Subs. by Central Laws (Adaptation) Order, 1961 (P.O. No. 1 of 1961) (with effect from the 23rd March, 1956).

4Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.

(6) Any person who has been excluded from a cantonment by an order made under this section may, at any time after the expiry of one month from the date thereof, apply to the 3[Competent Authority] for the rescission of the same and, on such application being made, the said Officer may, after making such inquiry, if any, as he thinks necessary, either reject the application or rescind the

order.

Section 240. Penalty

Whoever__

(a) fails to comply with an order issued under this Chapter within the period specified therein, or, whilst an order prohibiting him from re‑entering a cantonment without permission is in force, re‑enters the cantonment without such permission, or

(b) knowing that any person has, under this Chapter, been required to remove from the cantonment and has not obtained the requisite permission to reenter it, harbours or conceals such person in the cantonment, shall be punishable with fine which may extend to 4[twenty thousand] rupees, and, in the case of a continuing offence, with an additional fine which may extend to 4[five hundred] rupees for every day after the first during which he has persisted in the offence. _______

CHAPTER XV.

POWERS, PROCEDURE, PENALTIES AND APPEALS. Entry and Inspection.

Section 241. Powers of entry

It shall be lawful for the President or the VicePresident of a Board, or the Executive Officer, or the Health Officer or Assistant Health Officer, or any person specially authorised by the Health Officer or the Assistant Health Officer, or for any other person authorised by general or special order of a 5[Board] in this behalf, to enter into or upon any building or land with or without assistants or workmen in order to make any inquiry, inspection, measurement, valuation or survey, or to execute any work, which is authorised by or under this Act or which it is necessary to make or execute for any of the purposes or in pursuance of any of the provisions of this Act or of any rule, bye‑law or order made thereunder:

Provided that nothi ng in this section shall be deemed to confer upon any person any power such as is referred to in section 207 or section 215 or to authorise the conferment upon any person of any such power.

1Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.

2Subs. by A. O., 1937.

3Subs. by Ordinance No. XLIV of 1979, s. 2.

4Subs. by Act No. XLVII of 2023, s. 75.

5Subs. by Act No. XXIV of 1936, s. 69.

Section 242. Powers of inspection by member of a Board

With the previous sanction of the President, any member of a Board may inspect any work or institution constructed or maintained, in whole or part, at the expense of the Board, and any register, book, accounts or other document belonging to, or in the possession of, the Board.

Section 243. Powers of inspection, etc

(1) A 1[Board] may, by general or special order, authorise any person__

(a) to inspect any drain, privy, latrine, urinal, cesspool, pipe, sewer or channel in or on any building or land in the cantonment, and, in his discretion, to cause the ground to be opened for the purpose of preventing or removing any nuisance arising from the drain, privy, latrine, urinal, cesspool, pipe, sewer or channel, as the case may be ;

(b) to examine works under co nstruction in the cantonment, to take levels or to remove, test, examine, replace or read any meter.

(2) If, on such inspection, the opening of the ground is found to be necessary for the prevention or removal of a nuisance, the expenses thereby incurred shall be paid by the owner or occupier of the land or building, but if it is found that no nuisance exists or but for such opening would have arisen , the ground or portion of any building, drain or other work opened, injured or removed for the purpose of such inspection shall be filled in, reinstated, or made good, as the case may be, by the 1[Board].

Section 244. Power to enter land adjoining land where work is in progress

(1) The Executive Officer of a cantonment may, with or without assistants or workmen, enter on any land within fifty yards of any work authorised by or under this Act for the purpose of depositing thereon any soil, gravel, stone or other materials, or of obtaining access to such work, or for any other purpose connected with the carrying on of the same.

(2) The Executive Officer shall, before entering on any land under sub‑section (1), give the occupier, or, if there is no occupier, the owner not less than three days' previous notice in writing of his intention to make such entry, and shall state the purpose thereof, and shall, if so required by the occupier or owner, fence off so much of the land as may be required for such purpose.

(3) The Executive Officer shall, in exercising any power conferred by this section, do as little damage as may be, a nd compensation shall be payable by the 1[Board] to the owner or occupier of such land, or to both, for any such damage whether permanent or temporary.

Section 245. Breaking into premises

It shall be lawful for any person, authorised by or under this Act to make any entry into any place, to open or cause to be opened any door, gate or other barrier__

(a) if he considers the opening thereof necessary for the purpose of such entry ; and

(b) if the owner or occupier is absent, or being present refuses to open such door, gate or barrier.

Section 246. Entry to be made in the day time

Save as otherwise expressly provided in this Act, no entry authorised by or under this Act shall be made except between the hours of sunrise and sunset.

1Subs. by Act No. XXIV of 1936, s. 69.

Section 247. Owner’s consent ordinarily to be obtained

Save as otherwise expressly provided in this Act, no building or land shall be ente red without the consent of the occupier, or if there is no occupier, of the owner thereof, and no such entry shall be made without giving the said occupier or owner, as the case may be, not less than four hours' written notice of the intention to make such entry:

Provided that no such notice shall be necessary if the place to be inspected is a stable for horses or a shed for cattle, or a latrine, privy or urinal, or a work under construction.

Section 248. Regard to be had to social and religious usages

When any place used as a human dwelling is entered under this Act, due regard shall be paid to the social and religious customs and usages of the occupants of the place entered, and no apartment in the actual occupancy of a female shall be entered or broken open until she has been informed that she is at liberty to withdraw and every reasonable facility has been afforded to her for withdrawing.

Section 249. Penalty for obstruction

Whoever obstructs or molests any person employed by a 1[Board], who is not a public servant within the meaning of section 21 of the Pakistan Penal Code (XLV of 1860), or any person with whom the 1[Board] has lawfully contracted, in the execution of his duty or of anything which he is empowered or required to do by virtue or in consequence of any of the provisions of this Act or of any rule, bye‑law or order made thereunder, or in fulfilment of his contract, as the case may be, shall be punishable with fine which may extend to 2[five thousand] rupees. Powers and Duties of Police Officers.

Section 250. Arrest without warrant

Any member of the police force employed in a cantonment may, without a warrant, arrest any person committing in his view a breach of any of the provisions of this Act which are specified in Schedule IV:

Provided that__

(a) in the case of the breach of any such provision as is specified in Part B of Schedule IV, no person shall be so arrested who consents to give his name and address, unless there is reasonable ground for doubting the accuracy of the name or address so given, th e burden of proof of which shall lie on the arresting officer, and no person so arrested shall be detained after his name and address have been ascertained ; and

(b) no person shall be so arrested for an offence under section 236 except__

(i) at the request of the person importuned or of a military officer in whose presence the offence was committed ; or

(ii) by or at the request of a member of the Military or Air Force Police, who is employed in the cantonment and authorised in this behalf by the 3[Officer Commanding the station], and in whose presence the offence was committed or by or at the request of any p olice officer not below the rank of a sub‑inspector who is employed in the cantonment and authorised in this behalf by the 3[Officer Commanding the station].

1Subs. by Act No. XXIV of 1936, s. 69.

2Subs. by Act No. XLVII of 2023, s.76.

3Subs. by Act No. VII of 1925, s. 14.

Section 252. Notices to fix reasonable time

Where any notice, order or requisition made under this Act or any rule or bye‑law made thereunder requires anything to be done for the doing of which no time is fixed in this Act or in the rule or bye‑law, the notice, order or requisition shall specify a reasonable time for doing the same.

Section 253. Authentication and validity of notices issued by Board

Every notice, order or requisition issued by a 1[Board] under this Act or any rule or bye‑law made thereunder shall be signed__

(a) 1[***] either by the President of the Board or by the Executive Officer, or, 1[***]

(b) by the members of any committee especially authorised by the 1[Board] in this behalf.

Section 254. Service of notice, etc

(1) Every notice, order or requisition issued under this Act or any rule or bye‑law made thereunder shall, save as otherwise expressly provided, be served or presented__

(a) by giving or tendering the notice, order or requisition, or sending it by post, to the person for whom it is intended ; or

(b) if such person cannot be found, by affixing the notice, order or requisition on some conspicuous part of his last known place of abode or business, if within the cantonment, or by giving or tendering the notice, order or requisition to some adult male member or servant of his family, or by causing it to be affixed on so me conspicuous part of the building or land, if any, to which it relates.

(2) When any such notice, order or requisition is required or permitted to be served upon an owner, lessee or occupier of any building or land, it shall not be necessary to name the owner, lessee or occupier therein, and the service thereof shall, save as otherwise expressly provided, be effected either__

(a) by giving or tendering the notice, order or requisition, or sending it by post, to the owner, lessee or occupier, or, if there are more owners, lessees or occupiers than one 2[to any one of them] ; or

(b) if no such owner, lessee or occupier can be found, by giving or tendering the notice, order or requisition to the authorised agent, if any, of any such owner, lessee or occupier, or to an adult male member or servant of the family of any such owner, lessee or occupier, or by causing it to be affixed on some conspicuous part of the building or land to which it relates.

(3) When the person on whom a notice, order or requisition is to be served is a minor, service upon his guardian or upon an adult male member or servant of his family shall be deemed to be service upon the

minor.

1Subs. and omitted by Act No. XXIV of 1936, ss. 69 and 60.

2Subs. by the Repealing and Amending Act, 1940 (Act No. XXXII of 1940), s. 3 and 2nd Sch.

Section 255. Method of giving notice

Every notice which, by or under this Act, is to be given or served as a public notice or as a notice which is not required to be given to any individual therein specified shall, save as otherwise expressly provided, be deemed to have been sufficiently given or served if a copy thereof is affixed in such conspicuous part of the office of the 1[Board] or in such other public place, during such period, or is published in such local newspaper 2[or published on Board’s official website] or in such other manner, as the 1[Board] may direct.

Section 256. Powers of Board in case of noncompliance with notice, etc

In the event of non‑compliance with the terms of any notice, order or requisition issued to any person under this Act, or any rule or bye‑law made thereunder, requiring such person to execute any work or to do any act, it shall be lawful for the 1[Board], whether or not the person in default is liable to punishment for such default or has been prosecuted or sentenced to any punishment therefor, after giving notice in writing to such person, to take such action or such steps as may be necessary for the completion of the act or work required to be done or executed by him, and all the expenses incurred on such account shall be recoverable by the 1[Board]. Recovery of Money.

Section 257. Liability of occupier to pay in default of owner

(1) If any such notice as is referred to in section 256 has been given to any person in respect of property of which he is the owner, the 1[Board] may require any occupier of such property or of any part thereof to pay to it, instead of to the owner, any rent payable by him in respect of such property, as it falls due, up to the amount recoverable from the owner under section 256:

Provided that, if the occupier, on application made to him by the 1[Board], refuses truly to disclose the amount of his rent or the name or address of the person to whom it is payable, the 1[Board], may recover from the occupier the whole amount recoverable under section 256.

(2) Any amount recovered from an occupier instead of from an owner under sub‑section (1) shall, in the absence of any contract between the owner and the occupier to the contrary, be deemed to have been paid to the owner.

Section 258. Relief to agents and trustees

(1) Where any person, by reason of his receiving the rent of immoveable property as an agent or trustee, or of his being as an agent or trustee the person who would receive the rent if the property were let to a tenant, would under this Act be bound to discharge any obligation imposed on the owner of the property for the discharge of which money is required, he shall not be bound to discharge the obligation unless he has, or but for his own improper act or default might have had, funds in his hands belonging to the owner sufficient for the purpose.

(2) The burden of proving any fact entitling an agent or trustee to relief under sub‑section (1) shall lie upon him.

(3) Where any agent or trustee has claimed and established his right to relief under this section, the 1[Board] may, by notice in writing, require him to apply to the discharge of such obligation as aforesaid the first monies which may come to his hands on behalf, or for the use, of the owner, and, on failure to comply with the notice, he shall be deemed to be personally liable to discharge the obligation.

1Subs. by Act No. XXIV of 1936, s. 69.

2Ins. by Act No. XLVII of 2023, s.77.

[1] Section 259. Method of recovery

(1) Notwithstanding anything elsewhere contained in this Act, arrears of any tax and any other money recoverable by a Board under this Act may be recovered together with the cost of recovery either by suit or, on application to a Magistrate having jurisdi ction in the cantonment or in any place where the person from whom such tax or money is recoverable may for the time being be residing . by the distress and sale of any moveable property 2[, or by sealing, attachment and sale of immovable property of] , such person which is within the limits of such Magistrate’s jurisdiction, and shall, if payable by the owner of any property as such, be a charge on the property until paid:

Provided that the tools of artisans shall be exempt from such distress or sale.

(2) An application to a Magistrate under sub‑section (1) shall be in writing and shall be signed by the President or VicePresident of the Board or by the Executive Officer, but shall not require to be personally presented.] Committees of Arbitration.

Section 260. Application for a Committee of Arbitration

In the event of any disagreement as to the liability of a 1[Board] to pay any compensation under this Act, or as to the amount of any compensation so payable, the person claiming such compensation may apply to the 1[Board] for the reference of the matter to a Committee of Arbitration, and the 1[Board] shall forthwith proceed to convene a Committee of Arbitration to determine the matter in dispute.

Section 261. Procedure for convening Committee of Arbitration

When a Committee of Arbitration is to be convened, the 1[Board] shall cause a public notice to be published stating the matter to be determined, and shall forthwith send copies of the order to the District Magistrate, and to the other party concerned, and shall, as soon as may be, nominate such members of the Committee, as it is entitled to nominate under section 262, and, by notice in writing, call upon the other persons who are entitled to nominate a member or members of the Committee to nominate such member or members in accordance with the provisions of that section.

Section 262. Constitution of Committee of Arbitration

(1) Every Committee of Arbitration shall consist of five members, namely:__

(a) a Chairman who shall be a person not in the service of the 3[State] or the 1[Board], and who shall be nominated by the 4[Officer Commanding the station] ;

(b) two persons nominated by the 1[Board] ; and

(2) If the 1[Board] or the other party concerned or the 4[Officer Commanding the station] fails within seven days of the date of issue of the notice referred to in section 261 to make any nomina tion which it or he is entitled to make or, if any member who has been so nominated neglects or refuses to

1Subs. and omitted by Act No. XXIV of 1936, ss. 61, 69 and 62.

2Subs. by Act No. XLVII of 2023, s.78.

3Subs. by Central Laws (Adaptation) Order, 1961 (P.O No. 1 of 1961), Art. 2 and Sch. (with effect from the 23rd March, 1956).

4Subs. by Act No. VII of 1925, s. 14.

Section 263. No person to be nominated who has direct interest or whose services are not immediately available

No person to be nominated who has direct interest or whose services are not immediately available. (1) No person who has a direct interest in the matter under reference, or whose services are not immediately available for the purposes of the Committee, shall be nominated a member of a Committee of Arbitration.

(2) If, in the opinion of the District Magistrate, any person who has been nominated has a direct interest in the matter under reference, or is otherwise disqualified for nomination, or if the services of any such pe rson are not immediately available as aforesaid, and if the 1[Board] or other person by whom any such person was nominated fails to nominate another member within seven days from the date on which it or he may be called upon to do so by the District Magist rate, such failure shall be deemed to constitute a failure to make a nomination within the meaning of section 262.

Section 264. Meetings and Powers of Committees of Arbitration

(1) When a Committee of Arbitration has been duly constituted, the 1[Board] shall, by notice in writing, inform each of the members of the fact, and the Committee shall meet as soon as may be thereafter.

(2) The Chairman of the Committee shall fix the time and place of meetings, and shall have power to adjourn any meeting from time to time as may be necessary.

(3) The Committee shall receive and record evidence, and shall have power to administer oaths to witnesses, and, on requisition in writing signed by the Chairman of the Committee, the District Magistrate shall issue the necessary proce sses for the attendance of witnesses and the production of documents required by the Committee, and may enforce the said processes as if they were processes for attendance or production before himself.

Section 265. Decision of Committees of Arbitration

(1) The decision of every Committee of Arbitration shall be in accordance with the majority of votes taken at a meeting at which the Chairman and at least three of the other members are present.

(2) If there is not a majority of votes in favour of any pro posed decision, the opinion of the Chairman shall prevail.

(3) The decision of a Committee of Arbitration shall be final and shall not be questioned in any

Court. Prosecutions.

Section 266. Prosecution

1[(1)] Save as otherwise expressly provided in this Act, no Court shall proceed to the trial of any offence made punishable by or under this Act, other than an offence specified in Schedule IV, except on the complaint of, or upon information received from, the 1[Board] concerned or a person authorised by the 1[Board] by a general or special order in this behalf.

1Subs. and renumbered by Act No. XXIV of 1936, ss. 69 and 63.

1[(2) No offence made punishable under this Act shall be tried by any Magistrate or by any Bench, if such Magistrate or any of the Magistrates composing the Bench is a member of the Board.]

Section 267. Compensation of offence

(1) A 1[Board] or any person authorised by it, by general or special order in this behalf, may, either bef ore or after the institution of the proceedings, compound any offence made punishable by or under this Act other than an offence under Chapter XIV:

Provided that no offence shall be compoundable which is committed by failure to comply with a notice, order or requisition issued by or on behalf of the 1[Board], unless and until the same has been complied with in so far as compliance is possible.

(2) Where an offence has been compounded, the offender, if in custody, shall be discharged and no further proceedings, shall be taken against him in respect of the offence so compounded. General Penalty Provisions.

Section 268. General penalty

Whoever, in any case in which a penalty is not expressly provided by this Act, fails to comply with any notice, order or requisition i ssued under any provision thereof, or otherwise contravenes any of the provisions of this Act, shall be punishable with fine which may extend to two hundred rupees, and, in the case of a continuing failure or contravention, with an additional fine which ma y extend to twenty rupees for every day after the first during which he has persisted in the failure or contravention.

[2] Section 268A. Orderly use of building

(l) No building shall be put to unauthorized use.

(2) Where a building is put to a use in violation of sub-section (l), the executive officer shall serve a notice allowing seven days for discontinuation of the un-authorized use.

(3) Where a person to whom a notice has been issued under sub-section (2), fails to discontinue the unauthorized use, the executive officer may impose upon such person a daily fine of ten thousand rupees and where the violation continues for thirty days from the date of imposition of fine, the executive officer may seal the building or property which sha ll continue till the recovery of fine and restoration of authorized use.]

Section 269. Cancellation and suspension of licences

Where any person to whom a licence has been granted under this Act or any agent or servant of such person commits a breach of any of the conditions thereof, or of any bye‑law made under this Act for the purpose of regulating the manner or circumstances in, or the conditions subject to, which anything permitted by such licence is to be or may be done, the 1[Board] may, without prejudice to any other penalty which may have been incurred under this Act, by order in writing, cancel the licence or suspend it for such period as it thinks fit:

Provided that no such order shall be made until an opportunity has been given to the holder of the licence to show cause why it should not be made.

Section 270. Recovery of amount payable in respect of damage to cantonment property

Where any person has incurred a penalty by reason of having caused any damage to the property of a 1[Board], he shall be liable to make good such damage, and the amount payable in respect of the damage shall, in case of dispute, be determined by the Magis trate by whom the person incurring such penalty is convicted, and, on non‑payment of such amount on demand, the same shall be recovered by distress

1Added and subs. by Act No. XXIV of 1936, ss. 63 and 69.

2Ins. by Act No. XLVII of 2023, s.79.

and sale o f the moveable property of such persons, and the Magistrate shall issue a warrant for its recovery accordingly. Limitation.

Section 271. Limitation for prosecution

No Court shall try any person for an offence made punishable by or under this Act, after the expiry of six months from the date of the commission of the offence, unless complaint in respect of the offence has been made to a Magistrate within the six months aforesaid.

Suits.

Section 272. Protection of 1[Board], Executive Officer, etc

No suit or prosecution shall be entertained in any Court against any 1[Board] 1[* * *] or against any 2[Officer Commanding a station], or against any member of a Board, or against any officer or servant of a 1[Board], for anything in good faith done, or intended to be done, under this Act or any rule or byelaw made thereunder.

Section 273. Notice to be given of suits

(1) No suit shall be instituted against any 1[Board] or against any member of a Board, or against any officer or servant of a 1[Board], in respect of any act done, or purporting to have been done, in pursuance of this Act or of any rule or byelaw made thereunder, until the expiration of two months after notice in writing has been left at the office of the 1[Board], and, in the case of such member officer or servant, unless notice in writing has also been delivered to him or left at his office or place of a bode, and unless such notice states explicitly the cause of action, the nature of the relief sought, the amount of compensation claimed, and the name and place of abode of the intending plaintiff, and unless the plaint contains a statement that such notice has been so delivered or left.

(2) If the 1[Board], member, officer or servant has, before the suit is instituted, tendered sufficient amends to the plaintiff, the plaintiff shall not recover any sum in excess of the amount so tendered, and shall also pay all costs incurred by the defendant after such tender.

(3) No suit, such as is described in sub‑section (1), shall, unless it is an action for the recovery of immoveable property or for a declaration of title thereto, be instituted after the expiry of six months from the date on which the cause of action arises.

(4) Nothing in sub‑section (1) shall be deemed to apply to a suit in which the only relief claimed is an injunction of which the object would be defeated by the giving of the notice or the postponement of the institution of the suit or proceeding.

Appeals and Revision.

Section 274. Appeals from executive orders

(1) Any person aggrieved by any order described in the second column of Schedule V may appeal to the authority specified in that behalf in the third column thereof.

(2) No such appeal shall be admitted if it is made after the expiry of the period specified in that behalf in the fourth column of the said Schedule.

(3) The period specified as aforesaid shall be computed in accordance with the provi sions of the Limitation Act, 1908 (IX of 1908), with respect to the computation of periods of limitation there

under.

1Subs. and repealed by Act No. XXIV of 1936, ss. 69 and 64.

2Subs. by Act No. VII of 1925, s. 11.

Section 275. Petition of appeal

(1) Every appe al under section 274 shall be made by petition in writing accompanied by a copy of the order appealed against.

(2) Any such petition may be presented to the authority which made the order against which the appeal is made, and that authority shall be bound to forward it to the appellate authority, and may attach thereto any report which it may desire to make by way of explanation.

Section 276. Suspension of action pending appeal

On the admission of an appeal from an order, other than an order contained in a notice issued under clause (a) of section 137, section 140, section 176, or section 238, all proceedings to enforce the order and all prosecutions for any contravention thereof shall be held in abeyance pending the decision of the appeal, and, if the order is set aside on appeal, disobedience thereto, shall not be deemed to be an offence.

Section 277. Revision

1[* * * * * * *] 1[(1)] Where an appeal from an order made by the 2[Board] has been disposed of by the 3[Regional Director] 2[either party to the proceedings] may, within thirty days from the date thereof, apply, through the 4[Competent Authority] to the 3[Director General], or to such authority as the 3[secretary administrative division] may appoint in this behalf, for a revision of the decision. 1[(2)] The provisions of this Chapter with respect to appeals shall apply, as far as may be, to applications for revision made under this section.

Section 278. Finality of appellate orders

Save as otherwise provided in section 277 every order of an appellate authority shall be final.

Section 279. Right of appellant to be heard

No appeal shall be decided under this Chapter unless the appellant has been heard, or has had a reasonable opportunity of being heard in person or through a legal practitioner. _______

CHAPTER XVI.

RULES AND BYE‑LAWS.

Section 280. Power to make rules

(1) The 5[Federal Government] may, after previous publication, make rules to carry out the purposes and objects of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :__

(a) the manner in which, and the authority to which, application for permission to occupy land belonging to 6[the Government] in a cantonment is to be made ;

1Omitted and renumbered by Act No. XXXV of 1926, s. 9.

2Subs. by Act No. XXIV of 1936, ss. 69 and 65.

3Subs. by Act No. XLVII of 2023, s. 80.

4Subs. by Ordinance No. XLIV of 1979, s. 2.

5Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.

6Subs. by A.O., 1961, Art. 2 (with effect from the 23rd March, 1956).

(b) the authority by which such permission may be granted and the conditions to be annexed to the grant of any such permission ; 1[(ba) the classification, reclassification, sub -classification, usage, disposal, transfer, management or administration of land vested in the Federal Government including military lands;] 2[(bb) the allotment to a 3[Board] of a share of the rents and profits accruing from property entrusted to its management under the provisions of section 116A ;]

(c) the appointment, control, supervision, 4[conditions of service, transfer,] suspension, removal, dismissal and punishment of servants of 3[Boards] ;

(cc) 5[* * * * * * *]

(d) the circumstances in which security shall be demanded from servants of 3[Boards] and the amount and nature of such security ;

(e) the grant of leave, absentee or acting allowance to servants of 3[Boards];

(f) the creation and management of Provident Funds, and the circumstances in which, and the conditions subject to which, contributions thereto shall be made from cantonment funds and by servants of 3[Boards] ;

(g) the keeping of accounts by 3[Boards] and the manner in which such accounts shall be audited and published ;

(h) the definition of the persons by whom, and the manner in which, money may be paid out of a cantonment fund ;

(hh) 3[* * * * * * *]

(i) the preparation of estimates of income and expenditure by 3[Boards] and the definition of the persons by whom, and the conditions subject to which, such estimates may be sanctioned ;

(j) the regulation of the procedure of Committees of Arbitration ; and

(k) the prescribing of registers, statements and forms to be used and maintained by any authority for the purposes of this Act.

Section 281. Supplemental provisions respecting rules

(1) A rule under section 280 may be made either generally for all cantonments or for the whole or any part of any one or more cantonments.

1Ins. by Act No. XLVII of 2023, s. 81.

2Ins. by Act No. VII of 1925, s. 12.

3Subs. and omitted by Act No. XXIV of 1936, ss. 69 and 66.

4Ins. by Act No. XXIII of 1953, s. 2.

5Omitted by Act No. XXV of 1952, s. 3.

[3] Section 281A. Power to make regulations relating to military lands

Subject to the provisions of this Act and the rules made thereunder, the Federal Government by way of regulations may apportion the military lands, determine the usages of the military lands and all other matters connected with and incidental thereto.]

Section 282. Power to make byelaws

Subject to the provisions of this Act and of the rules made thereunder, a 4[Board] may, in addition to any bye‑laws which it is empowered to make by any other provision of this Act, make bye‑laws to provide for all or any of the following matters in the cantonment, namely :__

(1) the registration of births, deaths and marriages, and the taking of a census ;

(2) the enforcement of compulsory vaccination ; 3[(3) the regulation of the collection and recovery of taxes, development charges, tolls and fees under this Act and the refund thereof;]

(4) the regulation or prohibition of any description of traffic in the streets ;

(5) the manner in which vehicles 3[parking,] standing, driven, led or propelled in the streets between sunset and sunrise shall be lighted ;

(6) the seizure and confiscation of ownerless animals straying within the limits of the cantonment ;

(7) the prevention and extinction of fire ;

(8) the construction of scaffolding for building operations to secure the safety of the general public and of persons working thereon ;

(9) the regulation in any manner not specifically provided for in this Act of the construction, alteration, maintenance, preservation , cleaning, and repairs of drains, ventilation‑shafts, pipes, water‑closets, privies, latrines, urinals, cesspools and other drainage works ;

(10) the regulation of prohibition of the discharge into, or deposit in, drains or sewage, polluted water and other offensive or obstructive matter ;

(11) the regulation or prohibition of the stabling or herding of animals, or of any class of animals, so as to prevent danger to public health ;

(12) the proper disposal of corpses, the regulation and management of burial and burning places and other places for the disposal of corpses, and the fees chargeable for the use of such places where the same are provided or maintained by Government or at the expense of the cantonment fund ;

1Subs. by A.O., 1937.

2Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.

3Ins. and subs. by Act No. XLVII of 2023, ss. 82 and 83.

4Subs. by Act No. XXIV of 1936, s. 69.

(14) the regulation and control of encamping grounds , pounds, washing‑places, serais, hotels, dak‑bungalows, lodging‑houses, boarding‑houses, buildings let in tenements, residential clubs, restaurants, eatinghouses, cafes, refreshment‑rooms and places of public recreation, entertainment or resort ;

(15) the regulation of the ventilation, lighting, cleansing, drainage and water‑supply of the buildings used for the manufacture or sale of aerated or other potable waters and of butter, milk, sweetmeats and other articles of food or drink for human consumption ;

(16) the matters regarding which conditions may be imposed by licences granted under section 210 ;

(17) the control and supervision of places where dangerous or offensive trades are carried on so as to secure cleanliness therein or to minimise any injurious, offensive or dangerous effects arising or likely to arise therefrom ;

(18) the regulation of the erection of any enclosure, fence, tent, awning or other temporary structure of whatsoever material or nature 1[BTS tower] on any land situated within the cantonment 1[except on military lands] ;

(19) the laying out of streets, and t he regulation and prohibition of the erection of buildings without adequate provision being made for the laying out and location of streets ;

(20) the regulation of the use of public parks and gardens and other public places, and the protection of avenues, trees, grass and other appurtenances of streets and other public places ;

(21) the regulation of the grazing of animals ;

(22) the fixing and regulation of the use of public bathing and washing places ;

(23) the regulation of the posting of bills and adve rtisements, and of the position, size, shape or style of name‑boards, sign‑boards and sign‑posts ;

(24) the fixation of a method for the sale of articles whether by measure, weight, piece or any other method ;

(25) the rendering necessary of licences within the cantonment__

(a) for persons working as job porters for the conveyance of goods ;

(b) for animals or vehicles let out on hire ;

1Ins. by Act No. XLVII of 2023, s. 83.

2Omitted by Act No. XV of 1942, s. 12.

(d) for persons impelling or carrying such vehicles or other conveyances ; 1[or

(e) for persons practising as nurses, midwives or dias ;]

(26) the prescribing of the fee payable for any licence required under clause (25), and of the conditions subjects to which such licences may be granted, revised, suspended or withdrawn ;

(27) the regulation of the charges to be made for the services of such job porters and of the hire of such animals, vehicles or other conveyances, and for the remuneration of persons impelling or carrying such vehicles or conveyances as are referred to in clause (25) ;

(28) the regulation or prohibition, for purposes of sanitation or the prevention of disease or the promotion of public safety or convenience, of any act which occasions or is likely to occasion a nuisance, and for the regulation or prohibition of which no provision is made elsewhere by or under this Act ;

(29) the circumstances and the manner in which owners of buildings or land in the cantonment, who are temporarily absent from, or are not resident in, the cantonment, may be required to appoint as their agents, for all or any of the purposes of this Act or of any rule or bye‑law made thereunder, persons residing within or near the cantonment ;

(30) the prevention of the spread of infectious or contagious diseases within the cantonment ;

(31) the seggregation in or the removal and exclusion from, the cantonment, or the destruction, of animals suffering or reasonably suspected to be suffering from any infectious or contagious disease ;

(32) the supervision, regulation, conservation and protection from injury, contamination or trespass of sources and means of public wa ter‑supply and of appliances for the distribution of water whether within or without the limits of the cantonment ;

(33) the manner in which connections with water‑work may be constructed or maintained, and the agency which shall or may be employed for such construction and maintenance ;

(34) the regulation of all matters and things relating to the supply and use of water including the collection and recovery of charges therefor and the prevention of evasion of the same ;

(35) the maintenance of schools, and the furtherance of education generally ;

(36) the regulation or prohibition of the cutting or destruction of trees or shrubs, or of the making of excavations, or of the removal of soil or quarrying, where such regulation or prohibition appears to the 2[Board] to be necessary for the maintenance of a water‑supply, the preservation of the soil, the prevention of landslips or of the formation of ravines or torrents, or the protection of land against erosion or against the deposit thereon of sand, gravel or stones ;

(37) the rendering necessary of licences for the use of premises within the cantonment as stables or cowhouses or as accommodation for sheep, goats or fowls ;

(38) the control of the use in the cantonment of mechanical whistles, syrens or trumpets ; 3[*]

1Added by Act No. XV of 1942, s. 12.

2Subs. by Act No. XXIV of 1936, s. 69.

3Omitted by Act No. XLVII of 2023, s. 83.

(41) attachment and sale of immovable property.]

Section 283. Penalty for breach of byelaws

Any bye‑law made by a 2[Board] under this Act may provide that a contravention thereof shall be punishable__

(a) with fine which may extend to 1[fifty thousand] rupees ; or

(b) with fine which may extend to 1[five thousand] rupees and, in the case of a continuing contravention, with an additional fine which may extend to 1[two hundred] rupees for every day during which such contravention continues after conviction for the first such contravention ; or

(c) with fine which may extend to 1[one thousand] rupees for every day during which the contravention continues after the receipt of a notice from the 2[Board] by the person contravening the bye‑law requiring such person to discontinue such contravention.

Section 284. Supplemental provisions regarding byelaws

1[(1) Any power to make bye‑laws in respect of a cantonment conferred by this Act shall be subject to the condition of previous publication and confirmation by the administrative division and publication in the official Gazette.]

(2) 1[* * * * * * *]

(3) The 1[secretary of the administrative division ] may, after previous publication of its intention, cancel any bye‑law which it has confirmed, and thereupon the bye‑law shall cease to have effect.

Section 285. Rules and byelaws to be available for inspection and purchase

(1) A copy of all rules and bye‑laws made under this Act shall be kept at the office of the 2[Board] and shall, during office hours, be open free of charge to inspection by any inhabitant of the cantonment.

(2) Copies of all such rules and bye‑laws shall be kept at the office of the 2[Board], 2[and shall be sold to the public at cost price singly, or in collections at the option of the purchaser]. _______

CHAPTER XVII.

SUPPLEMENTAL PROVISIONS.

Section 286. Extension of certain provisions of the Act and rules to places beyond cantonments

The 3[Federal Government] may, by notification in the 4[official Gazette], and subject to any conditions as to compensation or otherwise which it thinks fit to impose, extend to any area beyond a 1Subs., added and omitted by Act No. XLVII of 2023, ss. 83, 84 and 85.

2Subs. by Act No. XXIV of 1936, ss. 69 and 67.

3Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.

4Subs. by A.O. 1937.

[2] Section 286A. Power to delegate functions of Executive Officer

The 3[Board] may empower any of its members or officers to exercise or perform in the absence of the Executive Officer from the cantonment all or any of such powers or duties of an Executive Officer under this Act as the 4[Federal Government] may, by notification in the 5[official Gazette], specify in this behalf.]

[6] Section 286B. Delegation of powers

(1) The Federal Government may, by notification in the official Gazette, delegate any of its powers under this Act or the rules made thereunder to any officer subordinate to it subject to such conditions or limitations as may be specified in the notification.

(2) The Board may, with the prior approval of the 1[the administrative division], by resolution, delegate all or any of its powers under t his Act or the rules made t hereunder to any of its officers subject to such conditions or limitations as may be specified, in the resolution.]

Section 287. Registration

(1) Paragraphs 2 and 3 of section 54, and sections 69, 107 and 123 of the Transfer of Property Act, 1882 (IV of 1882), with respect to the transfer of property by registered instrument, shall, on and from the commencement of this Act, extend to every cantonment. 7[(2) The Registrar or Sub‑Registrar of the district or subdistrict formed for the purposes of the Registration Act, 1908 (XVI of 1908), in which any cantonment is situated, shall, 8[when any document relating to immoveable property within the cantonment is registered, send information of the registration] forthwith to the 3[Board] or such other authority as the 4[Federal Government] may prescribe in this behalf.]

Section 288. Validity of notices and other documents

No notice, order, requisition, licence, permission in writing or other such document issued under this Act shall be invalid merely by reason of any defect of form.

Section 289. Admissibility of document or entry as evidence

A copy of any receipt, application, plan, notice, order or other document or of any entry in a register, in the possession of a 3[Board] shall, if duly certified by the legal keeper thereof o r other person authorised by the 3[Board] in this behalf, be admissible in evidence of the existence of the document or entry, and shall be admitted as evidence of the matters and transactions therein recorded in every case where, and to the same extent to which, the original document or entry would, if produced, have been admissible to prove such matters.

1Ins. and Subs. by Act No. XLVII of 2023, ss. 86 and 87.

2Ins. by Act No. VII of 1931, s. 8.

3Subs. by Act No. XXIV of 1936, s. 69.

4Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.

5Subs. by A.O., 1937.

6Ins. by Ordinance No. XLIV of 1979, s. 11.

7Subs. by Act No. XXXV of 1926, s. 11.

8Subs. by the Repealing and Amending Act, 1927 (Act No. X of 1927), s. 2 and 1st Sch.

Section 290. Evidence by officer or servant of the Board

No officer or servant of a 1[Board] shall, in any legal proceeding to which the 1[Board] is not a party, be required to produce any register or document the contents of which can be proved under section 289 by a certified copy, or to appear as a witness to prove any matter or transaction recorded therein save by order of the Court made for special

cause.

Section 291. Application of Act IV of 1899

For the purposes of the Government Buildings Act, 1899 (IV of 1899), cantonments and 1[Boards] shall be deemed to be municipalities and municipal authorities respectively.

Section 292. 2[Repealed]

[3] Section 292A. Repeal and saving

(1) The following laws are hereby repealed, namely:—

(a) the Cantonments Ordinance, 2002 (CXXXVII of 2002); and

(b) the Cantonments Local Government (Elections) Ordinance, 2002 (LXXIX of 2002).

(2) The repeal of of laws under sub-section (1) shall not—

(a) revive anything n ot in force or existing at the time at which the repeal takes effect; or

(b) affect the previous operation of any enactment so repealed or anything duly done or suffered thereunder; or

(c) affect any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed; or

(d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed; or

(e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if t he Cantonments (Amendment) Act, 2023 ( of 2023) had not been passed.

(3) On repeal of the laws under sub-section (1), unless it is otherwise expressly provided, any appointment, notification, order, scheme, rule, form or bye-law made or issued under the said repealed laws shall, so far as it is not inconsistent with the provisions of this Act, continue in force, and be deemed to have been made or issued under the provisions of this Act, unless and until it is superseded by any appointment, notification, ord er, scheme, rule, form or bye -law made or issued under the provisions of this Act.]

1Subs. by Act No. XXIV of 1936, s. 69.

2Repealed by the Repealing and Amending Act, 1927 (Act No. X of 1927), s. 2 and 1st Sch.

3Ins. by Act No. XLVII of 2023, s.88.

SCHEDULEI NOTICE OF DEMAND. (See section 91.) To residing at Take notice that the 1[Board] demands from the sum of due from on account of (here describe the property, occupation,

circumstance or thing in respect of which the sum is payable) leviable under         for the 
period of  commencing on the  day of  19     , and ending on the  
day of   19    , and that if, within thirty days from the service of this notice, the said sum is not

paid to the 1[Board] at , or sufficient cause for nonpayment is not shown to the satisfaction of the Executive Officer, a 2[warrant of distress , seal, attachment] will be issued for the recovery of the same with costs. Dated this day of 19

(Signed)

Executive Officer, Cantonment.

___________ 2[SCHEDULEII FORM OF WARRANT (See section 92) (Here insert the name of the officer charged with the execution of the warrant) Whereas A. B. of _________________has not paid, and has not shown satisfactory cause for the non‑payment of the sum due on account of _______________ (Here describe the liability) for the period of__________________ commencing on the _______________ day of __________ 20 ____ , and ending with the ______________ day of 20____ , which sum is leviable under ____________;_____________ And whereas thirty days have elapsed since the service on him of notice of demand for the same ; This is to command you to__

(a) Distrain, subject to the provision of the Cantonments Act, 1924, the moveable property of the said A. B. to the amount of the said sum of Rs._________ ; and forthwith to certify to me, together with this warrant, all particulars of the property seized by you thereunder.

1Subs. by Act No. XXIV of 1936, s. 69.

2Subs. by Act No. XLVII of 2023, ss. 89 and 90.

(b) Attach / seize the account held in the name of the said Mr. ____________ (CNIC# _______________________ and to transfer the default ed amount of Rs._______________ to the account No. ____________ of CB____________ forthwith under intimation to me. Dated this ______________ day of ______________ 20______

(Signed) Executive Officer Cantonment.] ___________

SCHEDULE III.

FORM OF INVENTORY OF PROPERTY DISTRAINED AND NOTICE OF SALE. (See section 93.)

To residing at

Take notice that I have this day seized the property specified in the inventory annexed hereto, for the value of due for the liability * mentioned in the margin for the period commencing with

the   day of  19     ,    and ending with the day  of 19   , together  
with Rs.     due for service of notice of demand, and that, unless within seven days from

the date of the service of this notice you pay to the 1[Board] the said amount, together with the costs of recovery, the said property will be sold by public auction.

Dated this day of 19 . (Signature of officer executing the warrant) INVENTORY (Here state particulars of property seized) _______

SCHEDULE IV.

CASES IN WHICH POLICE MAY ARREST WITHOUT WARRANT. (See section 250.)

1 Section 2 Subject

118 (1) (a) (i) ..

Paragraph 167. Making or selling of food, etc., or washing clothes by infected person

PART A.

Drunkenness. etc. Making or selling of food, etc., or washing of clothes, by infected person.

1Subs. by Act No. XXIV of 1936, s. 69.

*Here describe the liability.

1 Section. 2 Subject.

PART B.

118 (1) (a) (ii) .. using threatening or abusive words, etc. 118 (1) (a) (iii) .. Indecent exposure of person, etc. 118 (1) (a) (iv) .. Begging. 118 (1) (a) (v) .. Exposing deformity, etc. 118 (1) (a) (vii) .. Gaming. 118 (1) (a) (xii) .. Destroying notice, etc. 118 (1) (a) (xiii) .. Breaking direction‑post, etc. 118 (1) (f) .. Keeping common gaming‑house, etc. 118 (1) (g) .. Beating drum, etc. 118 (1) (h) .. Singing, etc., so as to disturb public peace or order. 119 (6) .. Letting loose, or setting on, ferocious dog. 125 .. .. Discharging fire‑arms, etc., so as to cause danger. 176 (1) .. .. Remaining in, or re‑entering, cantonment after notice of expulsion for failure to attend hospital or dispensary. 193 (2) .. .. Destroying, etc., name of street or number affixed to building.

214 ..    .. Feeding animal on filth, etc.  
236 ..    .. Loitering or importuning for sexual immorality.

240 (a) .. .. Remaining in, or returning to, a cantonment after notice of expulsion.

SCHEDULE V.

(See section 274.) APPEALS FROM ORDERS.

1 Section 2 Executive Order 3 Appellate Authority 4 Time allowed for appeal. 126 1[Board’s] notice to 2[remove,] repair, protect or enclose a building, wall or anything affixed thereto, or well, tank, reservoir, pool, depression or excavation. 3[Compete Authority] 1[, or other authority authorized in this behalf by the 4[Federal Government]]. Thirty days from service of notice.

1Subs. and ins. by Act No. XXIV of 1936, ss.69 and 68.

2Ins.by the Repealing and Amending Act, 1939 (Act No. XXXIV of 1939), s. 2 and 1st Sch.

3Subs. by Ordinance No. XLIV of 1979, s. 2.

4Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.

SCHEDULE V. contd.

Section. 2

Executive Order. 3

Appellate Authority. 4

Time allowed for appeal. 134 1[Board’s ] notice to fill up well, tank, etc., or to drain off or remove

water. 2[Competent Authority] 1[, or other authority authorized in this behalf by the 3[Federal Government]]. Thirty days from service of notice. 5[* * * * * * * * * *] 140 1[Board’s] notice requiring a building to be repaired or altered so as to remove sanitary defects. 2[Competent Authority] 1[, or other authority authorized in this behalf by the 3[Federal Government, ]]. Thirty days from service of notice. 176 Order of 5[Officer Commanding the station] on report of Medical Officer, directing a person to remove from the cantonment and prohibiting him from re entering it without permission. 2[Competent Authority] 1[, or other authority authorized in this behalf by the 3[Federal Government, ]]. Thirty days from service of notice. 181 1[Board’s] refusal to sanction the erection or reerection of a building. 2[Officer Commanding inChief, the Command] 1[, or other authority authorized in this behalf by the 3[Federal Government, ]]. 1[Thirty days from the date on which the refusal shall have been communicated to the person applying for sanctions].

1Subs. and ins. by Act No. XXIV of 1936, ss. 69 and 68.

2Subs. by Ordinance No. XLIV of 1979, s. 2.

3Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.

4Omitted by Act No. XXXI of 1940, s. 8.

5Subs. by Act No. VII of 1925, s. 13.

SCHEDULE V.contd.

Section. 2

Executive Order. 3

Appellate Authority. 4

house. 2[Competent Authority] 1[,or other authority authorized in this behalf by the 3[Federal Government, ]]. Twentyone days from service of notice. 238 Magistrate’s notice directing disorderly person to remove from cantonment and prohibiting him from re entering it without permission. District Magistrate Thirty days from service of notice.

SCHEDULE VI. 4[Repealed].

5[SCHEDULE VII

[see section 60]

(a) Tax on annual rental value of immovable property;

(b) tax on transfer of immovable property;

1Subs. and ins. by Act No. XXIV of 1936, ss. 69 and 68.

2Subs. by Ordinance No. XLIV of 1979, s. 2.

3Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.

4Repealed by the Repealing Act No. XII of 1927, s. 2 and schedule.

5Added by Act No. XLVII of 2023, s.91.

(d) trade tax;

(e) entertainment fee on dramatic and theatrical shows;

(f) water use charges, fee, tax;

(g) drainage charges;

(h) conservancy charges for any building including residential buildings;

(i) fee for approval of building plans, erection and re-erection of buildings;

(j) fee for approval of housing scheme and town planning;

(k) development charges;

(l) conversion charges;

(m) fee for compounding of offence and violations;

(n) fee for change of land use of a land or building as may be prescribed;

(o) fee for licences, sanctions and permits;

(p) fee on the slaughter of animals;

(q) fee for establishment of private markets;

(r) fee for regulation of advertisement through sign boards, hoardings, cutouts, neon-signs, pole signs, sky signs and boards, bill boards, directional boards, banners, streamers, moppy signs, temporary advertisement structures and stalls, posters, one way visions, hot air balloons and blimps, moving vehicles, electronic display screens including light emitting diode (led) and surface mounted device (smd), etc;

(s) toll fee on roads, bridges and ferries maintained by th e respective local government;

(t) parking fee;

(u) fees on sale of cattle;

(v) fee for services rendered by a Board or any of its officers, agency or company;

(w) fee on installation of base transceiver station (BTS) or tower;

(x) right of way fee; and

(y) any other tax or fee or levy which may be imposed in any municipality in the province wherein such cantonment is situated.] _________ RGN Date: 04-09-2024

Print contents from the source

TABLE OF CONTENTS. 
 
CHAPTER I. 
 PRELIMINARY. 
1. Short title, extent and commencement. 
2. Definitions. 
_______ 
CHAPTER II. 
DEFINITION AND DELIMITATION OF CANTONMENTS. 
3. Definition of cantonments. 
4. Alteration of limit of cantonments. 
5. The effect of including area in cantonment. 
6. Disposal of cantonment fund when area ceases to be a cantonment. 
7. Disposal of cantonment fund when area ceases to be included in a cantonment. 
8. Application of funds and property transferred under sections 6 and 7. 
8A. Management of property or land. 
9. Limitation of operation of Act. 
_______ 
CHAPTER IIA. 
ADMINISTRATION OF MILITARY LAND And CANTONMENT. 
9A. Directorate of military lands and cantonments. 
  
 

 
Page 2 of 137 
 
CHAPTER III. 
 CANTONMENT BOARDS. 
Boards. 
10. Cantonment Board and Executive Officer. 
11. Incorporation of Cantonment Board. 
12. Appointment of Executive Officer. 
13. Classification of Cantonments. 
13A. Constitution of Cantonment Boards. 
14. Power to vary constitution of Boards in special circumstances. 
15-15I. [Omitted]. 
16. [Omitted]. 
17. [Omitted]. 
18. [Omitted]. 
19. [Omitted]. 
19A. Local Area. 
19B. Delimitation of cantonment into wards. 
19C. Election on the basis of adult franchise. 
19D. Authority for local government election. 
19E. Indirect elections. 
19F. Qualifications for candidates and elected members. 
19G. Electoral rolls. 
19H. Election to vacant seats. 
19I. Term of office. 
19J. Declaration of property. 
19K. Oath of office. 
19L. Removal. 
19M. Resignation of member. 
19N. Ineligibility for re-election. 
 
Page 3 of 137 
 
19O. Notification to be issued. 
19P. Offences. 
19Q. Summary trial. 
19R. Jurisdiction Courts barred. 
19S. Power to make rules. 
19T. Removal of nominated member. 
19U. Casual vacancy in the office of nominated member. 
20. President and VicePresident. 
21. Term of office of Vice-President. 
22. Duties of President. 
23. Duties of VicePresident. 
24. Duties of the Executive Officer. 
25. Special power of the Executive Officer. 
Elections. 
26. [Omitted]. 
27. [Omitted]. 
28. [Omitted]. 
29. [Omitted]. 
30. [Omitted]. 
31. [Omitted]. 
Members. 
32. Member not to vote on matter in which he is interested. 
33. Liability of members. 
34. [Omitted]. 
35. [Omitted]. 
 
 
 
Page 4 of 137 
 
Servants. 
36. Disqualification of person as servant of Board. 
36A. Cantonment servant to be deemed a public servant. 
Procedure. 
37. Meetings. 
38. Business to be transacted. 
39. Quorum. 
40. Presiding Officer. 
41. Minutes. 
42. Meetings to be public. 
43. Method of deciding questions. 
43A. Committees for Bazars. 
43B. Local reconciliation or maqami  masalihat committee. 
44. Power to make regulations. 
45. Joint action with other local authority.  
45A Report on administration. 
Control. 
46. Power of Federal Government to require production of documents. 
47. Inspection. 
48. Power to call for documents. 
49. Power to require execution of work, etc. 
50. Power to provide for enforcement of direction under section 49. 
51. Power to override decision of Board. 
52. Power of Competent Authority on reference under Section 51 or otherwise. 
53. Powers of secretary administrative division on a reference made under section 51. 
54. Supersession of Board. 
 
 
Page 5 of 137 
 
Validity of Proceedings. 
55. Validity of proceedings, etc. 
_______ 
CHAPTER IV. 
SPIRITUOUS LIQUORS AND INTOXICATING DRUGS. 
56. Unauthorised sale of spirituous liquor or intoxicating drug. 
57. Unauthorised possession of spirituous liquor. 
58. Arrest of persons and seizure and confiscation of things for offences against the two last 
foregoing sections. 
59. Saving of articles sold or supplied for medicinal purposes. 
________ 
 
CHAPTER V. 
TAXATION. 
 
Imposition of Taxation. 
60. Power to levy taxes, etc. 
61. Framing of preliminary proposals. 
62. Objections and disposal thereof. 
63. Imposition of tax, fee, toll etc. 
64. Definition of “annual value”. 
65. Incidence of taxation. 
Assessment List. 
66. Assessment List. 
67. Publication of assessment list. 
68. Revision of assessment list. 
69. Authentication of assessment list. 
70. Evidential value of assessment list. 
71. Amendment of assessment list. 
72. Preparation of new assessment list. 
73. Notice of transfers. 
 
Page 6 of 137 
 
74. Notice of erection of buildings. 
Remission and Refund. 
75. Demolition, etc., of buildings. 
76. Remission of tax. 
77. Power to require entry in assessment list of details of buildings. 
77A. Notice to be given of the circumstances in which remission or refund is claimed. 
78. What buildings, etc., are to be deemed vacant. 
79. Notice to be given of every occupation of vacant building or house. 
Charge on Immoveable Property. 
80. Tax on buildings and land to be a charge thereon. 
Octroi, Terminal Tax and Toll. 
81. Inspection of imported goods, etc. 
82. Evasion of octroi or terminal tax. 
83. Lease of octroi, terminal tax or toll. 
Appeals. 
84. Appeals against assessment. 
85. Costs of appeal. 
86. Recovery of costs from Board. 
87. Conditions of right to appeal. 
88. Finality of appellate orders. 
Payment and Recovery of Taxes. 
89. Time and manner of payment of taxes. 
89A. Late payment surcharge. 
90. Presentation of bill. 
91. Notice of demand. 
92. Recovery of tax, fee, toll or other charges. 
92A. Surcharge payable on taxes, fee, etc. due. 
 
Page 7 of 137 
 
93. Distress. 
94. Disposal of distrained property. 
95. Recovery from a person about to leave cantonment. 
96. Power to institute suit for recovery. 
 
Special Provisions relating to Taxation. 
97. Power to prohibit or exempt from taxation. 
98. Power to make special provision for conservancy in certain cases. 
99. Exemption in the case of buildings. 
99A. General power of exemption. 
100. Exemption of poor persons. 
101. Composition. 
102. Irrecoverable debts. 
103. Obligation to disclose liability. 
104. Immaterial error not to affect liability. 
105. Distraint not to be invalid by reason of immaterial defect. 
________ 
CHAPTER VI. 
CANTONMENT FUND AND PROPERTY. 
 
Cantonment Fund. 
106. Cantonment fund. 
107. Custody of cantonment fund. 
Property. 
108. Property. 
109. Application of cantonment fund and property. 
110. Acquisition of immovable property. 
111. Power to make rules regarding cantonment fund and property. 
_______ 
 
 
Page 8 of 137 
 
CHAPTER VII. 
CONTRACTS. 
112. Contracts by whom to be executed. 
113. Sanction. 
114. Execution of contracts. 
115. Contracts improperly executed not to be binding on a Board. 
_______ 
CHAPTER VIII. 
DUTIES AND DISCRETIONARY FUNCTIONS OF BOARDS. 
116. Functions of Board. 
116A. Power to manage property. 
117. Discretionary functions of Board. 
117A. Power of expenditure for educational purposes outside the cantonment. 
_______ 
CHAPTER IX. 
PUBLIC SAFETY AND SUPPRESSION OF NUISANCES. 
 
General Nuisances. 
118. Penalty for causing nuisances. 
Dogs. 
119. Registration and control of dogs. 
Traffic. 
120. Rule of the road. 
Prevention of Fire, etc. 
121. Use of inflammable materials for building purposes. 
122. Stacking or collecting inflammable materials. 
123. Care of naked light. 
124. Regulation of cinematographic and dramatic performances. 
125. Discharging fireworks, firearms, etc. 
126. Power to require buildings, wells, etc., to be rendered safe. 
 
Page 9 of 137 
 
127. Enclosure of waste land used for improper purposes.  
_______ 
 
CHAPTER X. 
SANITATION AND THE PREVENTION AND TREATMENT OF DISEASE. 
 
Sanitary Authorities. 
128. Responsibility for sanitation. 
129. General duties of Health Officer. 
Conservancy and Sanitation. 
130. Public latrines, urinals and conservancy establishment. 
131. Power of Board to undertake private conservancy arrangements. 
132. Deposit and disposal of rubbish, etc. 
133. Cess-pools, receptacles for filth, etc. 
134. Filling up of tank, etc. 
135. Provision of latrines, etc. 
136. Sanitation in factories, etc. 
137. Private latrines. 
138. Removal of congested buildings. 
139. Overcrowding of dwelling houses. 
140. Power to require repair or alteration of building. 
141. Power to require land or building to be cleansed. 
142. Power to order disuse of house. 
143. Removal of noxious vegetation. 
144. Agriculture and irrigation. 
Burial and Burning Grounds. 
145. Power to call for information regarding burial and burning grounds. 
146. Permission of use of new burial or burning ground. 
147. Power to require closing of burial or burning ground. 
148. Exemption from operation of sections 145 to 147. 
 
Page 10 of 137 
 
149. Removal of corpses. 
 
Prevention of Infections or Contagious Diseases. 
150. Obligation to give information of infectious or contagious diseases. 
151. Special measures in case of outbreak of infectious or epidemic diseases. 
152. Power to require names of dairyman’s customers. 
153. Power to require names of a washerman’s customers. 
154. Report after inspection of dairy or washerman’s place of business. 
155. Action on report submitted by Health Officer. 
156. Examination of milk or washed clothes. 
157. Contamination of public conveyance. 
158. Disinfection of public conveyance. 
159. Penalty for failure to report. 
160. Driver of conveyance not bound to carry person suffering from infecti ous or contagious 
disease. 
161. Disinfection of building or articles therein. 
162. Destruction of infectious hut or shed. 
163. Temporary shelter for inmates of disinfected or destroyed building or shed. 
164. Disinfection of building before letting the same. 
165. Disposal of infected article without disinfection. 
166. Means of disinfection. 
167. Making or selling of food, etc., or washing clothes by infected person. 
168. Power to restrict or prohibit sale of food or drink. 
169. Control over wells, tanks, etc. 
170. Disposal of infectious corpse. 
 
Hospitals and Dispensaries. 
171. Maintenance or aiding of hospitals or dispensaries. 
172. Medical supplies, appliances, etc. 
 
Page 11 of 137 
 
173. Free patients. 
174. Paying patients. 
175. Power to order person to attend hospital or dispensary. 
176. Power to exclude from cantonment persons refusing to attend hospital or dispensary. 
Control of Traffic for Hygienic Purposes. 
177. Routes for pilgrims and others. 
Special Conditions regarding Essential Services. 
178. Conditions of service of sweepers. 
_______ 
CHAPTER XI. 
CONTROL OVER BUILDING, STREETS, BOUNDARIES, TREES, ETC. 
 
Buildings. 
178A. Sanction for building. 
178AA. Land use planning, layout planning, control over building plan, etc. 
179. Notice of new buildings. 
179A. Notice and sanction of new scheme. 
180. Conditions of valid notice. 
181. Power of Board to sanction or refuse. 
182. Compensation. 
183. Lapse of sanction. 
183A. Period for completion of building. 
184. Illegal erection and reerection. 
185. Power to stop erection or reerection or to demolish. 
185A. Restriction on use of building, layout plan of scheme and conversion, etc. 
186. Power to make byelaws. 
187. Projections and obstructions. 
188. Unauthorised buildings over drains, etc. 
189. Drainage and sewer connections. 
190. Power to attach brackets for lamps. 
 
Page 12 of 137 
 
Streets. 
191. Temporary occupation of street, land, etc. 
192. Closing and opening of streets. 
193. Names of streets and numbers of buildings. 
Boundaries and Trees. 
194. Boundary walls, hedges and fences. 
195. Felling, lopping and trimming of trees. 
196. Digging of public land. 
197. Improper use of land. 
________ 
CHAPTER XII. 
MARKETS, SLAUGHTERHOUSES, TRADES AND OCCUPATIONS. 
198. Public markets and slaughterhouses. 
199. Use of public markets. 
200. Levy of stallages, rents and fees. 
201. Stallages, rents, etc., to be published. 
202. Private markets and slaughterhouses. 
203. Conditions of grant of license for private market or slaughterhouse. 
204. Penalty for keeping market or slaughterhouse open without licence, etc. 
205. Penalty for using unlicenced market or slaughterhouse. 
206. Prohibition and restriction of use of slaughterhouses. 
207. Power to inspect slaughterhouses. 
208. Power to make byelaws. 
Trades and Occupations. 
209. Provisions of washing places. 
210. Licences required for carrying on of certain occupations. 
211. Conditions which may be attached to licences. 
 
 
Page 13 of 137 
 
General Provisions. 
212. Power to vary licence. 
213. Carrying on trade, etc., without licence or in contravention of section 212. 
214. Feeding animals on dirt, etc. 
Entry, Inspection and Seizure. 
215. Powers of entry and seizure. 
Import of Cattle and flesh. 
216. Import of cattle and flesh. 
_______ 
CHAPTER XIII. 
WATERSUPPLY, DRAINAGE AND LIGHTING. 
Watersuply. 
217. Maintenance of watersupply. 
218. Control over sources of public watersupply. 
219. Power to require maintenance or closing of private source of public drinking watersupply. 
220. Supply of water. 
221. Power to require watersupply to be taken. 
222. Supply of water under agreement. 
223. Board not liable for failure of supply. 
224. Conditions of universal application. 
225. Supply to persons outside cantonment. 
226. Penalty. 
Water, Drainage and other Connections. 
227. Power of Board to lay wires, connections, etc. 
228. Wires, etc., laid above surface of ground. 
229. Connection with main not to be made without permission. 
230. Power to prescribe ferrules and to establish meters, etc. 
231. Power of inspection. 
 
Page 14 of 137 
 
232. Power to fix rates and charges. 
Application of this Chapter to Government WaterSupplies. 
233. Government watersupply. 
234. Recovery of charges. 
234A. Supply of water from Government watersupply to the Board. 
234B. Functions of the Board in relation to distribution of bulk supply. 
_______ 
CHAPTER XIV. 
REMOVAL AND EXCLUSION FROM CANTONMENTS AND SUPPRESSION OF 
SEXUAL IMMORALITY. 
235. Power to remove brothels and prostitutes. 
236. Penalty for loitering and importuning for purposes of prostitution. 
237. Removal of lewd person from cantonment. 
238. Removal and exclusion from cantonment of disorderly persons. 
239. Removal and exclusion from cantonment of seditious persons. 
240. Penalty. 
_______ 
CHAPTER XV. 
POWER, PROCEDURE, PENALTIES AND APPEALS. 
 
Entry and Inspection. 
241. Powers of entry. 
242. Powers of inspection by member of a Board. 
243. Powers of inspection, etc. 
244. Power to enter land adjoining land where work is in progress. 
245. Breaking into premises. 
246. Entry to be made in the day time. 
247. Owner’s consent ordinarily to be obtained. 
248. Regard to be had to social and religious usages. 
249. Penalty for obstruction. 
 
Page 15 of 137 
 
Powers and Duties of Police Officers. 
250. Arrest without warrant. 
251. Duties of police officers. 
Notices. 
252. Notices to fix reasonable time. 
253. Authentication and validity of notices issued by Board. 
254. Service of notice, etc. 
255. Method of giving notice. 
256. Powers of Board in case of noncompliance with notice, etc. 
Recovery and Money. 
257. Liability of occupier to pay in default of owner. 
258. Relief to agents and trustees. 
259. Method of recovery. 
Committees of Arbitration. 
260. Application for a Committees of Arbitration. 
261. Procedure for convening Committees of Arbitration. 
262. Constitution of Committee of Arbitration. 
263. No person to be nominated who has direct interest or whose services are not immediately 
available. 
264. Meetings and powers of Committees of Arbitration. 
265. Decision of Committees of Arbitration. 
Prosecutions. 
266. Prosecution. 
267. Compensation of offence. 
 
General Penalty Provisions. 
268. General Penalty. 
268A. Orderly use of building. 
 
Page 16 of 137 
 
269. Cancellation and suspension of licences. 
270. Recovery of amount payable in respect of damage to cantonment property. 
Limitation. 
271. Limitation for prosecution. 
272. Protection of Board, Executive Officer, etc. 
273. Notice to be given of Suits. 
Appeals and Revision. 
274. Appeals from executive orders. 
275. Petition of appeal. 
276. Suspension of action pending appeal. 
277. Revision. 
278. Finality of appellate orders. 
279. Right of appellant to be heard. 
_______ 
CHAPTER XVI. 
RULES AND BYE-LAWS. 
280. Power to make rules. 
281. Supplemental provisions respecting rules. 
281A. Power to make regulations relating to military lands. 
282. Power to make byelaws. 
283. Penalty for breach of byelaws. 
284. Supplemental provisions regarding byelaws. 
285. Rules and byelaws to be available for inspection and purchase. 
_______ 
CHAPTER XVII. 
SUPPLEMENTAL PROVISIONS. 
286. Extension of certain provisions of the Act and rules to places beyond cantonments.  
286A Power to delegate functions of Executive Officer. 
 
Page 17 of 137 
 
286B. Delegation of powers. 
287. Registration. 
288. Validity of notices and other documents. 
289. Admissibility of document or entry as evidence. 
290. Evidence by officer or servant of the Board. 
291. Application of Act IV of 1899. 
292. [Repealed]. 
292A. Repeal and saving. 
SCHEDULEI.__Notice of Demand. 
SCHEDULEII.__Form of Warrant.

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Page 1 of 137

THE CANTONMENTS ACT, 1924.

TABLE OF CONTENTS.

CHAPTER I.
PRELIMINARY.
1. Short title, extent and commencement.
2. Definitions.
_______
CHAPTER II.
DEFINITION AND DELIMITATION OF CANTONMENTS.
3. Definition of cantonments.
4. Alteration of limit of cantonments.
5. The effect of including area in cantonment.
6. Disposal of cantonment fund when area ceases to be a cantonment.
7. Disposal of cantonment fund when area ceases to be included in a cantonment.
8. Application of funds and property transferred under sections 6 and 7.
8A. Management of property or land.
9. Limitation of operation of Act.
_______
CHAPTER IIA.
ADMINISTRATION OF MILITARY LAND And CANTONMENT.
9A. Directorate of military lands and cantonments.

Page 2 of 137

CHAPTER III.
CANTONMENT BOARDS.
Boards.
10. Cantonment Board and Executive Officer.
11. Incorporation of Cantonment Board.
12. Appointment of Executive Officer.
13. Classification of Cantonments.
13A. Constitution of Cantonment Boards.
14. Power to vary constitution of Boards in special circumstances.
15-15I. [Omitted].
16. [Omitted].
17. [Omitted].
18. [Omitted].
19. [Omitted].
19A. Local Area.
19B. Delimitation of cantonment into wards.
19C. Election on the basis of adult franchise.
19D. Authority for local government election.
19E. Indirect elections.
19F. Qualifications for candidates and elected members.
19G. Electoral rolls.
19H. Election to vacant seats.
19I. Term of office.
19J. Declaration of property.
19K. Oath of office.
19L. Removal.
19M. Resignation of member.
19N. Ineligibility for re-election.

Page 3 of 137

19O. Notification to be issued.
19P. Offences.
19Q. Summary trial.
19R. Jurisdiction Courts barred.
19S. Power to make rules.
19T. Removal of nominated member.
19U. Casual vacancy in the office of nominated member.
20. President and VicePresident.
21. Term of office of Vice-President.
22. Duties of President.
23. Duties of VicePresident.
24. Duties of the Executive Officer.
25. Special power of the Executive Officer.
Elections.
26. [Omitted].
27. [Omitted].
28. [Omitted].
29. [Omitted].
30. [Omitted].
31. [Omitted].
Members.
32. Member not to vote on matter in which he is interested.
33. Liability of members.
34. [Omitted].
35. [Omitted].

Page 4 of 137

Servants.
36. Disqualification of person as servant of Board.
36A. Cantonment servant to be deemed a public servant.
Procedure.
37. Meetings.
38. Business to be transacted.
39. Quorum.
40. Presiding Officer.
41. Minutes.
42. Meetings to be public.
43. Method of deciding questions.
43A. Committees for Bazars.
43B. Local reconciliation or maqami masalihat committee.
44. Power to make regulations.
45. Joint action with other local authority.
45A Report on administration.
Control.
46. Power of Federal Government to require production of documents.
47. Inspection.
48. Power to call for documents.
49. Power to require execution of work, etc.
50. Power to provide for enforcement of direction under section 49.
51. Power to override decision of Board.
52. Power of Competent Authority on reference under Section 51 or otherwise.
53. Powers of secretary administrative division on a reference made under section 51.
54. Supersession of Board.

Page 5 of 137

Validity of Proceedings.
55. Validity of proceedings, etc.
_______
CHAPTER IV.
SPIRITUOUS LIQUORS AND INTOXICATING DRUGS.
56. Unauthorised sale of spirituous liquor or intoxicating drug.
57. Unauthorised possession of spirituous liquor.
58. Arrest of persons and seizure and confiscation of things for offences against the two last
foregoing sections.
59. Saving of articles sold or supplied for medicinal purposes.
________

CHAPTER V.
TAXATION.

Imposition of Taxation.
60. Power to levy taxes, etc.
61. Framing of preliminary proposals.
62. Objections and disposal thereof.
63. Imposition of tax, fee, toll etc.
64. Definition of “annual value”.
65. Incidence of taxation.
Assessment List.
66. Assessment List.
67. Publication of assessment list.
68. Revision of assessment list.
69. Authentication of assessment list.
70. Evidential value of assessment list.
71. Amendment of assessment list.
72. Preparation of new assessment list.
73. Notice of transfers.

Page 6 of 137

74. Notice of erection of buildings.
Remission and Refund.
75. Demolition, etc., of buildings.
76. Remission of tax.
77. Power to require entry in assessment list of details of buildings.
77A. Notice to be given of the circumstances in which remission or refund is claimed.
78. What buildings, etc., are to be deemed vacant.
79. Notice to be given of every occupation of vacant building or house.
Charge on Immoveable Property.
80. Tax on buildings and land to be a charge thereon.
Octroi, Terminal Tax and Toll.
81. Inspection of imported goods, etc.
82. Evasion of octroi or terminal tax.
83. Lease of octroi, terminal tax or toll.
Appeals.
84. Appeals against assessment.
85. Costs of appeal.
86. Recovery of costs from Board.
87. Conditions of right to appeal.
88. Finality of appellate orders.
Payment and Recovery of Taxes.
89. Time and manner of payment of taxes.
89A. Late payment surcharge.
90. Presentation of bill.
91. Notice of demand.
92. Recovery of tax, fee, toll or other charges.
92A. Surcharge payable on taxes, fee, etc. due.

Page 7 of 137

93. Distress.
94. Disposal of distrained property.
95. Recovery from a person about to leave cantonment.
96. Power to institute suit for recovery.

Special Provisions relating to Taxation.
97. Power to prohibit or exempt from taxation.
98. Power to make special provision for conservancy in certain cases.
99. Exemption in the case of buildings.
99A. General power of exemption.
100. Exemption of poor persons.
101. Composition.
102. Irrecoverable debts.
103. Obligation to disclose liability.
104. Immaterial error not to affect liability.
105. Distraint not to be invalid by reason of immaterial defect.
________
CHAPTER VI.
CANTONMENT FUND AND PROPERTY.

Cantonment Fund.
106. Cantonment fund.
107. Custody of cantonment fund.
Property.
108. Property.
109. Application of cantonment fund and property.
110. Acquisition of immovable property.
111. Power to make rules regarding cantonment fund and property.
_______

Page 8 of 137

CHAPTER VII.
CONTRACTS.
112. Contracts by whom to be executed.
113. Sanction.
114. Execution of contracts.
115. Contracts improperly executed not to be binding on a Board.
_______
CHAPTER VIII.
DUTIES AND DISCRETIONARY FUNCTIONS OF BOARDS.
116. Functions of Board.
116A. Power to manage property.
117. Discretionary functions of Board.
117A. Power of expenditure for educational purposes outside the cantonment.
_______
CHAPTER IX.
PUBLIC SAFETY AND SUPPRESSION OF NUISANCES.

General Nuisances.
118. Penalty for causing nuisances.
Dogs.
119. Registration and control of dogs.
Traffic.
120. Rule of the road.
Prevention of Fire, etc.
121. Use of inflammable materials for building purposes.
122. Stacking or collecting inflammable materials.
123. Care of naked light.
124. Regulation of cinematographic and dramatic performances.
125. Discharging fireworks, firearms, etc.
126. Power to require buildings, wells, etc., to be rendered safe.

Page 9 of 137

127. Enclosure of waste land used for improper purposes.
_______

CHAPTER X.
SANITATION AND THE PREVENTION AND TREATMENT OF DISEASE.

Sanitary Authorities.
128. Responsibility for sanitation.
129. General duties of Health Officer.
Conservancy and Sanitation.
130. Public latrines, urinals and conservancy establishment.
131. Power of Board to undertake private conservancy arrangements.
132. Deposit and disposal of rubbish, etc.
133. Cess-pools, receptacles for filth, etc.
134. Filling up of tank, etc.
135. Provision of latrines, etc.
136. Sanitation in factories, etc.
137. Private latrines.
138. Removal of congested buildings.
139. Overcrowding of dwelling houses.
140. Power to require repair or alteration of building.
141. Power to require land or building to be cleansed.
142. Power to order disuse of house.
143. Removal of noxious vegetation.
144. Agriculture and irrigation.
Burial and Burning Grounds.
145. Power to call for information regarding burial and burning grounds.
146. Permission of use of new burial or burning ground.
147. Power to require closing of burial or burning ground.
148. Exemption from operation of sections 145 to 147.

Page 10 of 137

149. Removal of corpses.

Prevention of Infections or Contagious Diseases.
150. Obligation to give information of infectious or contagious diseases.
151. Special measures in case of outbreak of infectious or epidemic diseases.
152. Power to require names of dairyman’s customers.
153. Power to require names of a washerman’s customers.
154. Report after inspection of dairy or washerman’s place of business.
155. Action on report submitted by Health Officer.
156. Examination of milk or washed clothes.
157. Contamination of public conveyance.
158. Disinfection of public conveyance.
159. Penalty for failure to report.
160. Driver of conveyance not bound to carry person suffering from infecti ous or contagious
disease.
161. Disinfection of building or articles therein.
162. Destruction of infectious hut or shed.
163. Temporary shelter for inmates of disinfected or destroyed building or shed.
164. Disinfection of building before letting the same.
165. Disposal of infected article without disinfection.
166. Means of disinfection.
167. Making or selling of food, etc., or washing clothes by infected person.
168. Power to restrict or prohibit sale of food or drink.
169. Control over wells, tanks, etc.
170. Disposal of infectious corpse.

Hospitals and Dispensaries.
171. Maintenance or aiding of hospitals or dispensaries.
172. Medical supplies, appliances, etc.

Page 11 of 137

173. Free patients.
174. Paying patients.
175. Power to order person to attend hospital or dispensary.
176. Power to exclude from cantonment persons refusing to attend hospital or dispensary.
Control of Traffic for Hygienic Purposes.
177. Routes for pilgrims and others.
Special Conditions regarding Essential Services.
178. Conditions of service of sweepers.
_______
CHAPTER XI.
CONTROL OVER BUILDING, STREETS, BOUNDARIES, TREES, ETC.

Buildings.
178A. Sanction for building.
178AA. Land use planning, layout planning, control over building plan, etc.
179. Notice of new buildings.
179A. Notice and sanction of new scheme.
180. Conditions of valid notice.
181. Power of Board to sanction or refuse.
182. Compensation.
183. Lapse of sanction.
183A. Period for completion of building.
184. Illegal erection and reerection.
185. Power to stop erection or reerection or to demolish.
185A. Restriction on use of building, layout plan of scheme and conversion, etc.
186. Power to make byelaws.
187. Projections and obstructions.
188. Unauthorised buildings over drains, etc.
189. Drainage and sewer connections.
190. Power to attach brackets for lamps.

Page 12 of 137

Streets.
191. Temporary occupation of street, land, etc.
192. Closing and opening of streets.
193. Names of streets and numbers of buildings.
Boundaries and Trees.
194. Boundary walls, hedges and fences.
195. Felling, lopping and trimming of trees.
196. Digging of public land.
197. Improper use of land.
________
CHAPTER XII.
MARKETS, SLAUGHTERHOUSES, TRADES AND OCCUPATIONS.
198. Public markets and slaughterhouses.
199. Use of public markets.
200. Levy of stallages, rents and fees.
201. Stallages, rents, etc., to be published.
202. Private markets and slaughterhouses.
203. Conditions of grant of license for private market or slaughterhouse.
204. Penalty for keeping market or slaughterhouse open without licence, etc.
205. Penalty for using unlicenced market or slaughterhouse.
206. Prohibition and restriction of use of slaughterhouses.
207. Power to inspect slaughterhouses.
208. Power to make byelaws.
Trades and Occupations.
209. Provisions of washing places.
210. Licences required for carrying on of certain occupations.
211. Conditions which may be attached to licences.

Page 13 of 137

General Provisions.
212. Power to vary licence.
213. Carrying on trade, etc., without licence or in contravention of section 212.
214. Feeding animals on dirt, etc.
Entry, Inspection and Seizure.
215. Powers of entry and seizure.
Import of Cattle and flesh.
216. Import of cattle and flesh.
_______
CHAPTER XIII.
WATERSUPPLY, DRAINAGE AND LIGHTING.
Watersuply.
217. Maintenance of watersupply.
218. Control over sources of public watersupply.
219. Power to require maintenance or closing of private source of public drinking watersupply.
220. Supply of water.
221. Power to require watersupply to be taken.
222. Supply of water under agreement.
223. Board not liable for failure of supply.
224. Conditions of universal application.
225. Supply to persons outside cantonment.
226. Penalty.
Water, Drainage and other Connections.
227. Power of Board to lay wires, connections, etc.
228. Wires, etc., laid above surface of ground.
229. Connection with main not to be made without permission.
230. Power to prescribe ferrules and to establish meters, etc.
231. Power of inspection.

Page 14 of 137

232. Power to fix rates and charges.
Application of this Chapter to Government WaterSupplies.
233. Government watersupply.
234. Recovery of charges.
234A. Supply of water from Government watersupply to the Board.
234B. Functions of the Board in relation to distribution of bulk supply.
_______
CHAPTER XIV.
REMOVAL AND EXCLUSION FROM CANTONMENTS AND SUPPRESSION OF
SEXUAL IMMORALITY.
235. Power to remove brothels and prostitutes.
236. Penalty for loitering and importuning for purposes of prostitution.
237. Removal of lewd person from cantonment.
238. Removal and exclusion from cantonment of disorderly persons.
239. Removal and exclusion from cantonment of seditious persons.
240. Penalty.
_______
CHAPTER XV.
POWER, PROCEDURE, PENALTIES AND APPEALS.

Entry and Inspection.
241. Powers of entry.
242. Powers of inspection by member of a Board.
243. Powers of inspection, etc.
244. Power to enter land adjoining land where work is in progress.
245. Breaking into premises.
246. Entry to be made in the day time.
247. Owner’s consent ordinarily to be obtained.
248. Regard to be had to social and religious usages.
249. Penalty for obstruction.

Page 15 of 137

Powers and Duties of Police Officers.
250. Arrest without warrant.
251. Duties of police officers.
Notices.
252. Notices to fix reasonable time.
253. Authentication and validity of notices issued by Board.
254. Service of notice, etc.
255. Method of giving notice.
256. Powers of Board in case of noncompliance with notice, etc.
Recovery and Money.
257. Liability of occupier to pay in default of owner.
258. Relief to agents and trustees.
259. Method of recovery.
Committees of Arbitration.
260. Application for a Committees of Arbitration.
261. Procedure for convening Committees of Arbitration.
262. Constitution of Committee of Arbitration.
263. No person to be nominated who has direct interest or whose services are not immediately
available.
264. Meetings and powers of Committees of Arbitration.
265. Decision of Committees of Arbitration.
Prosecutions.
266. Prosecution.
267. Compensation of offence.

General Penalty Provisions.
268. General Penalty.
268A. Orderly use of building.

Page 16 of 137

269. Cancellation and suspension of licences.
270. Recovery of amount payable in respect of damage to cantonment property.
Limitation.
271. Limitation for prosecution.
272. Protection of Board, Executive Officer, etc.
273. Notice to be given of Suits.
Appeals and Revision.
274. Appeals from executive orders.
275. Petition of appeal.
276. Suspension of action pending appeal.
277. Revision.
278. Finality of appellate orders.
279. Right of appellant to be heard.
_______
CHAPTER XVI.
RULES AND BYE-LAWS.
280. Power to make rules.
281. Supplemental provisions respecting rules.
281A. Power to make regulations relating to military lands.
282. Power to make byelaws.
283. Penalty for breach of byelaws.
284. Supplemental provisions regarding byelaws.
285. Rules and byelaws to be available for inspection and purchase.
_______
CHAPTER XVII.
SUPPLEMENTAL PROVISIONS.
286. Extension of certain provisions of the Act and rules to places beyond cantonments.
286A Power to delegate functions of Executive Officer.

Page 17 of 137

286B. Delegation of powers.
287. Registration.
288. Validity of notices and other documents.
289. Admissibility of document or entry as evidence.
290. Evidence by officer or servant of the Board.
291. Application of Act IV of 1899.
292. [Repealed].
292A. Repeal and saving.
SCHEDULEI.__Notice of Demand.
SCHEDULEII.__Form of Warrant.
SCHEDULE III.__Form of Inventory of Property distrained and Notice of Sale.
SCHEDULE IV.__Cases in which Police may arrest without Warrant.
SCHEDULE V.__Appeals from Orders.
SCHEDULE VI. [Repealed].
SCHEDULE VII.

Page 18 of 137

THE CANTONMENTS ACT, 1924.
1ACT NO. II OF 1924
[16th February, 1924]
An Act to consolidate and amend the law relating to the administration of cantonments.
WHEREAS it is expedient to consolidate and amend the law relating to the administration of
cantonments; It is hereby enacted as follows :__
CHAPTER I.
PRELIMINARY.
1. Short title, extent and commencement. (1) This Act may be called the Cantonments Act,
1924.
2[(2) It extends to the whole of Pakistan.]
(3) The 3[Federal Government] may, by notification in the 4[official Gazette], direct that this
Act, or any provisions thereof which 4[it] may specify, shall come into force on such date as 4[it] may
appoint in this behalf.
2. Definitions. In this Act, unless there is anything repugnant in the subject or context,__
5[(i) “administrative division” means the division to which business of cantonments
stands allocated;
(ia) “advertisement” includes advertisement through sign boards, hoardings,
cutouts, neon -signs, pole signs, sky signs and boards, billboards, directional
boards, banners, streamers, moppy signs, temporary advertisement struct ures
and stalls, posters, one way visions, ho t air balloons and blimps, moving
vehicles, electronic display screens including light emitting diode (LED) and
surface mounted device (SMD), etc.;
(ib) “armed forces” means the armed forces mentioned in Article 243 of the
Constitution of the Islamic Republic of Pakistan, 1973;]

1It has been extended to the Leased Areas of Baluchistan, see G.G.O 3 of 1950; and applied in the Federated Areas of Baluchistan, see Gazette of India,
1937, Pt. I. p. 1499.
The Act has been extended to the Baluchistan States Union by G.G.O. 4 of 1953, as amended.
It has been extended to the Khairpur State, see G.G.O. 5 of 1953 as amended.
It has been and shall be deemed to have been brought into force in Gwadur with effect from the 8th September, 1958 by Ordinance XXXVII of 1960, s.
2.
The Provisions of Chapters IX, X, XI, XII, XIV and XV of this Act and the rules and the Byelaws made thereunder, for the Kharian Cantonment which
relate to the subject matter of any of the said Cantonment and in the vicinity thereof described in the Schedule annexed to the Ministry of Defence
notification No. 976/63, dated the 17th May, 1963, see Gazette of Pakistan 1963, Pt. III, p. 130.
2Subs. by Ordinance No. XXI of 1960, s. 3 and 2nd Sch. (with effect from the 14th October, 1955).
3Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.
4Subs. by A.O., 1937.
5Ins. by Act No. XLVII of 2023, s.2.

Page 19 of 137

1[(ic)] “Assistant Health Officer” means the medical officer appointed by the
2[Competent Authority], to be the Assistant Health Officer for a cantonment;
(ii) “Board” means a Cantonment Board constituted under this Act;
(iii) “brigade area” means one of the briga de areas, whether occupied by a brigade
or not, into which 3[Pakistan] is for military purposes for the time being divided,
and includes for all or any of the purposes of this Act any area which the
4[Federal Government] may, by notification in the 5[official Gazette], declare to
be a brigade area for such purpose or purposes;
6[(iv) “building” means a house, outhouse, stable, latrine, shed, hut 1[, shop, base
transceiver station (BTS) towers] or other roofed structure whether of masonry,
brick, wood, mud, metal or other material, and any part thereof, and includes a
well and a wall (other than a boundary wall not exceeding eight feet in height
and not abutting on a street) but does not include a tent or other portable and
temporary shelter;]
(v) 6[* * * * * * *]
(vi) 7[* * * * * * *]
(vii) “casual vacancy” means a vacancy occurring otherwise than by efflux of time
in the office of an elected member of a Board ;
1[(viia) “classification”, “re-classification” or “sub-classification” means the classification, re-
classification or sub -classification of the milit ary lands and of the lands vested in or
entrusted to a Board in the prescribed manner;]
2[(viii) “Competent Authority” means the Chief of the Army Staff or any other officer
appointed by the Federal Government to be the Competent Authority in respect
of one or more cantonments or class of cantonments;]
(ix) 8[* * * * * * *]
(x) “dairy” includes any farm, cattle‑shed, milk‑store, milk‑shop or other place
from which milk is supplied or in which milk is kept for purposes of sale or is
manufactured for sale into butter, ghee, cheese or curds, and, in relation to a
dairyman who does not occupy any premises for the sale of milk, includes any
place in which he keeps the vessels used b y him for the storage or sale of milk
1[but does not include a shop from which milk is supplied only in the properly
closed and unopened vessel in which it is delivered to the shop or other place in
which milk is sold for consumption on premises only];

1Renumbered and ins. by Act No. XLVII of 2023, s.2.
2Subs. by Ordinance No. XLIV of 1979, s.2.
3Subs.by the Adaptation of Central Acts and Ordinances Order, 1949 (Order No. 4 of 1949), s.3.
4Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.
5Subs.by A.O 1937.
6Subs. by Act No. XXIV of 1936, s.2.
7Omitted by Ordinance No. XXXVIII of 1960, s. 2 (with effect from the 16th May, 1960).
8Omitted by Act No. XII of 1935, s.2 and 1st Sch.

Page 20 of 137

(xi) “dairyman” includes the keeper of a cow, buffalo, goat, ass or other animal,
the milk of which it offered or is intended to be offered for sale for human
consumption, and any purveyor of milk and any occupier of a dairy ;
1[(xia) “elected member” means a person elected under this Act as member of a
Board;]
2[3[(xib)] “entitled consumer” means a person in a cantonment who is paid from the
Defence Services Estimates and is authorised by general or special order of
the 4[Federal Government] to receive a supply of water for domestic
purposes from the Military Engineer Services or the Public Works
Department on such terms and conditions as may be specified in the order;]
(xii) 1[* * * * * * *]
5[(xiii) “executive officer” , “additional executive office r” or “deputy executive
officer” means the cantonment executive officer, additional cantonment
executive officer or deputy cantonment exec utive officer appointed under
this Act in the prescribed manner and include such other officers as may be
prescribed;]
5[(xiiia) “fee” means a fee of any kind and description as may be determined and
charged by a Board in the prescribed manner and includes a charge as may
be determined in the like manner;]
(xiv) “Health Officer” means the senior executive medical officer in military
employ on duty in a cantonment;
5[(xiva) “garrison area” means one of the brigade areas, whether occupied by a
division or not, into which Pakistan is for purposes of armed forces for the
time being divided and includes for all purposes of this Act any area which
the Federal Government may, by notification in the official Gazette, declare
to be a garrison area for such purposes;]
(xv) 2[* * * * * * *]
(xvi) “hut” means any building, no material portion of which above the plinth
level is constructed of masonry or of squared timber framing or of iron
framing;

1Subs.and omitted by Ordinance No. XLIV of 1979, s.3.
2Ins.and omitted by Act No. XXIV of 1936, s.2.
3Renumbered by Ordinance No. XXXVIII of 1960, s. 2 (with effect from the 16th May, 1960).
4Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.
5Subs. and ins. by Act No. XLVII of 2023, s.2.

Page 21 of 137

(xvii) “infectious or contagious disease” means cholera, leprosy, enteric fever,
small‑pox, tuberculosis, diphtheria, plague, influenza, venereal disease, and
any other epidemic, endemic or infectious disease which the 1[Federal
Government] may, by notification in the 2[official Gazette], declare to be an
infectious or contagious disease for the purposes of this Act ;
(xviii) “inhabitant”, in relation to a cantonment, or local area, means any person
ordinarily residing or carrying on business or owning or occupyin g
immoveable property therein, and in case of a dispute means any person
declared by the District Magistrate to be an inhabitant ;

(xix) “intoxicating drug” means opium, ganja, bhang, charas and any preparation
or admixture thereof, and includes any other intoxicating substance, or
liquid which the 1[Federal Government], 3[* * *] may, by notification in the
2[official Gazette], declare to be an intoxicating drug for the purposes of this
Act ;

4[(xixa) “land use” means the human use of land to represent economic and cultural
activities and includes residential, commercial, industrial, mining,
recreational uses and such other uses that are practiced at a given place;

(xixb) “land use plan” means a plan drawn up and approved by the B oard
which provides for the actual land use and proposed land use both in the
planned areas and non -planned areas within the local limi ts of the
cantonment;

(xixc) “lay out plan” means a plan of the entire site showing location of plots,
building blocks, roads, open spaces, entry, exit, parking, landscaping, etc.
indicating the activity for all land parcels;]

5[4[(xixd)] “Maintenance Engineer” means the public Works Officer of that grade, or
the officer of the Military Engineer Services of the corresponding grade,
having charge of the military works in a cantonment or, where more than
one such officer has charge of the military works in a cantonment, such one
of those officers as the officer Commanding the station may designate in
this behalf, a nd includes the officer of whatever grade in immediate
executive engineering charge of a cantonment;]

4[(xx) “market” includes the place of commercial activity where goods or services
are traded;]

6[xxa] “Military Estates Officer” means the officer appo inted by the 2[Federal
Government] to perform the duties of the Military Estates Officer under
rules made under clauses (a) and (b) of sub-section (2) of section 280;)

4[(xxa) “military lands” means the lands vested in the Federal Government which
are classified, re -classified or sub -classified as such and includes lands
acquired, purchased or allocated for the purposes of armed forces and all
other connected purposes and entrusted to or placed under the management
and control of armed forces or any other authority or department for the said

1Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.
2Subs. by A.O., 1937.
3Omitted by Act No. VII of 1925, s.2.
4Ins., re-numbered and subs. by Act No. XLVII of 2023, s.2.
5Ins. by Ordinance No. XLIV of 1979, s.3.
6Ins. by Act No. XXIV of 1936, s.2.

Page 22 of 137

purposes anywhere in Pakistan under the rules or regulations made under
this Act or any other law for the time being in force and does not include
lands requisitioned under any law;]

(xxi) “Military officer” means__
(a) a person who being an officer within the meaning of 1[* * * 2[*]the
Pakistan Army Act, 1952] 3[the Pakistan Navy Ordinance, 1961 (XXXV
of 1961)] , 1[***] 2[or the Pakistan Air Force Act, 1953], is
commissioned and in pay as an officer doing military or air force duty
with 4[the military or air forces of Pakistan], or is an officer doing such
duty in any arm branch or part of those forces; or
(b) a person doing military or air force duty as a warrant officer with either
of those forces or with any arm, branch, or part thereof, whether he is or
is not an officer with in the meaning of 1[***] 2[*] the Pakistan Army
Act, 1952 ] 3[the Pakistan Navy ordinance, 1961 (XXXV of 1961)]
1[***] 2[or the of Pakistan Air Force Act, 1953] ;
(xxii) “nuisance” includes any act, omission, place or thing which causes or is
likely to cause injury, danger, annoyance or offence to the sense of sight,
smell or hearing, or which is or may be dangerous to life or injurious to
health or property ;
(xxiii) “occupier” includes an owner in occupation of, or otherwise using his own
land or building ;
(xxiv) “Officer Commanding the District” means the Officer Commanding any
one of the districts into which 5[Pakistan] is for military purposes for the
time being divided, or any brigade area which does not form part of any
such district, or any area which the 6[Federal Government] may, by
notification in the 7[official Gazette], declare to be such a district fo r all or
any of the purposes of this Act ;
8[(xxiva) “Officer Commanding the station” means the military officer for the time
being in command of the forces in a cantonment, or, if that officer is the
Officer Commanding the District or 9[Competent Authorit y] the military
officer who would be in command of those forces in the absence of the
Officer Commanding the District and 9[Competent Authority] ;]
(xxv) 10[** * * * * *]

1Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (Ordinance No. XXVII of 1981), s. 3 and Sch. II.
2Ins. by the Central Laws (Statute Reform) Ordinance, 1960 (Ordinance No. XXI of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955).
3Ins. by Act No. XLVII of 2023, s.2.
4Subs. by A.O., 1961, Art. 2 and Sch. (with effect from the 23rd March, 1956).
5Subs.by the Adaptation of Central Acts and Ordinances Order, 1949 (Order No. 4 of 1949), s.3.
6Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.
7Subs. by A.O., 1937.
8Ins. by the Repealing and Amending Act, 1935 (Act No. XII of 1935), s.2 and 1st Sch.
9Subs. by Ordinance No. XLIV of 1979, s. 3.
10Omitted by Ordinance No. XXXVII of 1960, s. 2 (with effect from the 16th May, 1960).

Page 23 of 137

(xxvi) “owner” includes any person who is receiving or is entitled to receive the
rent of any building or land whether on his own account or on behalf of
himself and others or an agent or trustee, or wh o would so receive the rent
or be entitled to receive it if the building or land were let to a tenant ;
(xxvii) “party wall” means a wall forming part of a building and used or constructed
to be used for the support or separation of adjoining buildings belonging to
different owners, or constructed or adapted to be occupied by different
persons ;
1[(xxviia) “peasant” means a person who owns agricultural land not exceeding five
acres and engages himself personally in the cultivation of land;]
2[(xxviib) “prescribed” means prescribed by rules, regulations or bye-laws made under
this Act;]
(xxviii) ‘“private market” means a market which is not maintained by a 3[Board] and
which is licensed by a 3[Board] under the provisions of this Act ;
(xxix) “private slaughter‑house” means a slaughter‑house which is not maintained
by a 3[Board] and which is licensed by a 3[Board] under the provisions of
this Act ;
(xxx) “public market” means a market maintained by a 3[Board];
(xxxi) “public place” means any place which is open to the use and enjoyment of
the public, whether it is actually used or enjoyed by the public or not ;
(xxxii) “public slaughter‑house” means a slaughter‑house maintained by a
3[Board];
3[(xxxiia) a person is deemed to reside in a cantonment if he maintains therein a house
or a portion of a house which is at all times available for occupation by
himself or his family even though he may himself reside elsewhere,
provided that he has not abandoned all intention of again occupying such
house either by himself for his family;]
2[(xxxiib) “regulations” means the regulations made under this Act;
(xxxiic) “right of way” means the right belonging to any person or public authority
to pass ove r land or property of other person to provide services. It also
includes underground and overhead space of such land or property;

1Ins. by Ordinance No. XLIV of 1979, s. 3.
2Ins. by Act No. XLVII of 2023, s.2.
3Subs. and ins. by Act No XXIV of 1936, s. 69.

Page 24 of 137

(xxxiid) “rules” means the rules made under this Act;
(xxxiie) “scheme” includes a residential, industrial, commercial or mixed -use
scheme or any other scheme;]
(xxxiii) “shed” means a slight or temporary structure for shade or shelter;
(xxxiv) “slaughter‑house” means any place ordinaril y used for the slaughter of
animals for the purpose of selling the flesh thereof for human consumption;
1[(xxxv) “soldier” means a person who is a soldier or airman within the meaning of
the Pakistan Army Act, 1952 (XXXIX of 1952), or the Pakistan Air For ce
Act, 1953 (VI of 1953), and who is not a military officer ;]
(xxxvi) “spirituous liquor” means any fermented liquor, any wine, or any alcoholic
liquid obtained by distillation or the sap of any kind of palm tree, and
includes any other liquid containing alcohol which the 2[Federal
Government], 3[* * *] may, by notification in the 4[official Gazette], declare
to be a spirituous liquor for the purposes of this Act ;
(xxxvii) “street” includes any way, road, lane, square, court, alley 5[ or passage] in a
cantonment, whether a thoroughfare or not and whether built upon or not,
over which the public have a right‑of‑way and also the road‑way or foot‑way
over any bridge or causeway ;
(xxxviii) “vehicle” means a wheeled conveyance of any description which is capable
of being used on a street, and includes a motor‑car, motor lorry, motor
omnibus, cart, locomotive, tram‑car, hand‑cart, truck, motor‑cycle, bicycle,
tricycle and rickshaw ; 5[*]
(xxxix) “water‑works” includes all lakes, tanks, streams, cisterns, springs, pumps,
wells, reservoirs, aqueducts, water‑trucks, sluices, mains, pipes, culverts,
hydrants, stand‑pipes , and conduits, and all machinery, lands, buildings,
bridges and things, used for, or intended for the purpose of, supplying water
to a cantonment; 6[*]
6[(xxxixa) “work” shall have the same meaning as in the Industrial Relations Ordinance,
1969, (XXIII of 1969) , and shall include a selfemployed craftsman like
black-smith, carpenter, tailor and shoe maker; and].
(xl) “year” means the year commencing on the first day of 7[July].]

1Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (Ordinance No. XXVII of 1981), s. 3 and Sch. II.
2Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.
3Omitted by Act No. VII of 1925, s. 2.
4Subs. by A.O., 1937.
5Subs. and omitted by Act No. XXIV of 1936, s. 2.
6Omitted and ins. by Ordinance No. XLIV of 1979, s. 3.
7Subs. by the Central Adaptation of Laws Order, 1964 (P.O. No.1 of 1964), Art. 2 and Sch.

Page 25 of 137

CHAPTER II.
DEFINITION AND DELIMITATION OF CANTONMENTS.
3. Definition of Cantonments. (1) The 1[Federal Government], 2[* * *] may by notification in
the 2[official Gazette], declare any place or places in which any part of 3[4[armed forces] of Pakistan]
is quartered or which, being in the vicinity of any such place or places, is or are required for the service
of such forces to be a cantonment for the purposes of this Act and of all other enactments for the time
being in force, and 2[* * *], may; by a like notification, declare that any cantonment shall cease to be
a cantonment.
(2) The 1[Federal Government],1[* * * ], may, by a like notification, define the limits of any
cantonment for the aforesaid purposes.
5[(3) When any place is declared a cantonment for the first time, the 1[Federal Government]
may, until a Board is constituted in accordance with the provisions of this Act , by order make any
provision which appears necessary to 2[it] either for the administration of the Cantonment or for the
constitution of the Board.]
6[(4) The 1[Federal Government] may, by notification in the official Gazette, direct that in any
place declared a cantonment under sub‑section (1) the provisions of any enactment relating to local
self‑government other than this Act shall have effect only to such extent or subject to such
modifications, or that any authority constituted under any such enactment shall exercise authority only
to such extent, as may be specified in the notification.]
4. Alteration of limit of cantonments . (1) The 1[Federal Government], 2[* * * ], may, by
notification in the 2[official Gazette], declare its intention to include within a cantonment any local
area situated in the 7[*] vicinity thereof or to exclude from a cantonment any local area comprised
therein.
(2) Any inhabitant of a cantonment or local area in respect of w hich a notification has been
published under sub‑section (1) may, within six weeks from the date of the notification, submit in
writing to the 1[Federal Government] through the 8[Competent Authority] an objection to the
notification, and the 1[Federal Government] shall take such objection into consideration.
(3) On the expiry of six weeks from the date of the notification, the 1[Federal Government]
may, 2[* * *], after considering the objections, if any, which have been submitted under subsection
(2), by notification in the 2[official Gazette], include the local area in respect of which the notification
was published under sub‑section (1), or any part thereof, in the cantonment or, as the case may be,
exclude such area or any part thereof from the cantonment.

1Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.
2Omitted and subs. by A.O., 1937.
3Subs. by A.O., 1961, Art.2 and Sch. (with effect from the 23 March, 1956).
4Subs. by Act No. XLVII of 2023, s.3.
5Added by the Act No. XXIV of 1936, s. 3.
6Added by Act No. VIII of 1944, s. 2.
7Omitted by Act No. XXVI of 1927, s. 2.
8Subs. by Ordinance No. XLIV of 1979, s. 2.

Page 26 of 137

5.The effect of including area in cantonment. When, by a notification under section 4, any
local area is included in a cantonment, such area shall thereupon become subject to this Act and to all
other enactments for the time being in force throughout the cantonment and to all notifications, rules,
regulations, bye‑laws, orders and directions issued or made thereunder.
6. Disposal of cantonment fund when area ceases to be a cantonment . (1) When, by a
notification under section 3, any cantonment ceases to be a cantonment and the local area comprised
therein is immediately placed under the control of a local authority, the balance of the cantonment fund
and other property vesting in the 1[Board] shall vest in such local authority, and the liabilities of the
1[Board] shall be transferred to such local authority.
(2) When, in like manner, any cantonment ceases to be a cantonment and the local area
comprised therein is not immediately placed under the control of a local authority, the balance of the
cantonment fund and other property vesting in the 1[Board] shall vest in 2[Government], and the
liabilities of the 1[Board] shall be transferred to the 3[Federal Government.]
7. Disposal of cantonment fund when area ceases to be included in a cantonment . (1)
When, by a notification under section 4, any local area forming part of a cantonment ceases to be under
the control of a particular 1[Board] and is immediately placed under the control of some other local
authority, such portion of the cantonment fund and other property vesting in the 1[Board] and such
portion of the liabilities of the 1[Board], as the 3[Federal Government] may, by general or special order,
direct, shall be transferred to that other local authority.
(2) When, in like manner, any local area forming part of a cantonment ceases to be under the
control of a particular 1[Board] and is not immediately placed under the control of some other local
authority, such portion of the cantonment fund and other property vesting in the 1[Board] shall vest in
2[Government], and such portion of the liabilities o f the 1[Board] shall be transferred to the 3[Federal
Government], as the 3[Federal Government] may, by general or special order, direct.
8. Application of funds and property transferred under sections 6 and 7. Any cantonment
fund or portion of a cantonment fund or other property of a 1[Board] vesting in 2[Government] under
the provisions of section 6 or section 7 shall be applied in the first place to satisfy any liabilities of the
1[Board] transferred under such provisions to the 3[Federal Government], and in the second place for
the benefit of the inhabitants of the local area which has ceased to be a cantonment or, as the case may
be, part of a cantonment.
4[8A. Management of property or land.―Subject to the provisions of this Act, the
management and other matters relating to the military lands and properties thereof and the lands and
properties of a Board shall be carried out in accordance with the provisions of this Act and the
applicable rules, regulations and bye-laws made thereunder:
Provided that all such activities already undertaken if not inconsistent with the provisions of
this Act shall always be deemed to have been validly done under this Act.]

1Subs. by Act No. XXIV of 1936, s. 69.
2Subs. by A.O., 1961, Art. 2. (with effect from the 23rd March, 1956).
3Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.
4Ins. by Act No. XLVII of 2023, s.4.

Page 27 of 137

9. Limitation of operation of Act. The 1[Federal Government] may, 1[* * *], by notification
in the 1[official Gazette], exclude from the operation of any part of this Act the whole or any part of a
cantonment, or direct that any provision of this Act shall, in the case of any cantonment__
2[* * * * * * *]
2[*] in which the Board is superseded under section 54,] apply with such modifications as may
be so specified.
3[Chapter IIA

Administration of military lands and cantonment
9A. Directorate of military lands and cantonments.__(1) For the purpose of monitoring and
to oversee the military lands and ca ntonments, the directorate of military lands and cantonments,
established by the Federal Government, shall stand established under this Act.
(2) The headquarters of the directorate of military lands and cantonments shall be at Rawalpindi
or at Islamabad as it may determine and it may establish its regional offices in the prescribed manner.
(3) The directorate of military lands and cantonments shall be headed by a director general who
shall be appointed in accordance w ith the rules as may be prescribed under the Civil Servants Act,
1973 (LXXI of 1973) from amongst serving major generals of Pakistan Army on secondment f or a
term of two years extendable for another term or terms on recommendation of the competent authority,
(4) In addition to the director general appointed under sub -section (3), the directorate of
military lands and cantonments shall consist of so many additional directors general, directors,
additional directors, deputy directors gen eral, assistant directors general and such other officers and
staff members as may be appointed by such officers or authorities, in such manner and on such te rms
and conditions as may be prescribed in accordance with the Civil Servants Act, 1973 (LXXI of 1973)
and the Federal Public Service Commission Ordinance, 1977 (XLV of 1977).
(5) The director general and other officers and staff members appointed under this section shall
exercise such powers and perform such functions as may be prescribed and as may be assigned to them
by the secretary of the administrative division.]
_______
CHAPTER III.
4[CANTONMENT BOARDS].

5[Boards].
5[10. Cantonment Board and Executive Officer. For every cantonment there shall be a
Cantonment Board and an Executive Officer.

1Subs. and omitted by A.O., 1937.
2Omitted by A.O., 1949.
3Ins. by Act No. XLVII of 2023, s.5.
4Amended by the Repealing and Amending Act, 1939 (Act No. XXXIV of 1939), s.2 and 1st Sch.
5Subs. by Act No. XXIV of 1936, ss. 69 and 5.

Page 28 of 137

11. Incorporation of Cantonment Board. Every Board shall, by the name of the place by
reference to which the cantonment is known, be a body corporate having perpetual succession and a
common seal with power to acquire and hold property both moveable and immoveable and to contract
and shall, by the said name, sue and be sued.
12. Appointment of Executive Officer.__(1) The Executive Officer of every cantonment shall
be appointed by the 1[Federal Government], or by such person as the 1[Federal Government] may
authorise in this behalf, 2[from Officers appointed 3[* * * * * * * *] , to the Pakistan Military Lands
and Cantonments Service]:
Provided that an Executive Officer appointed before the 4commencement of the Cantonments
(Amendment) Act, 2[1952] (XXII of 1952), shall, unless the 1[Federal Government] otherwise directs
in any case, be deemed to have been duly appointed in accordance with this sub‑section.
(2) Not less than half the cost of the salary of the Executive Officer 2[and a proportionate share
of his leave salary and pension contribution shall be paid to the 1[Federal Government]] from the
cantonment fund:
Provided that the salary of an Executive Offic er appointed before the 4commencement of the
Cantonments (Amendment) Act, 2[1952] (XXII of 1952), shall, until the 1[Federal Government]
otherwise directs, continue to be paid from the source from which it was being paid at the
commencement of the said Act.
(3) The Executive Officer shall be 2[the Principal Executive Officer of the Cantonment Board
and] the Secretary of the Board and of every committee of the Board, but shall not be a member of the
Board or of any such committee. 2[He shall have the right t o take part in the discussions but not to
move any proposals at the meetings of the Board and of the Committees.]
13. 5[Classification of Cantonments.] 6[(1) Cantonments shall be divided into three classes,
namely:__
(i) Class I Cantonments, in which the civil population is one hundred thousand or
more ;
(ii) Class II Cantonments, in which the civil population is fifty thousands or more
but less than one hundred thousand; and
(iii) Class III Cantonments, in which the civil population is less than fifty thousand.]

1Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.
2Subs., ins. and added by Act No. XXV of 1952, s. 2.
3Omitted by Central Laws Adaptation Order, 1961 (P.O No. 1 of 1961), Art. 2 and Sch. (with effect from the 23rd March, 1956.)
4The Cantonments (Amdt.) Act No. XXIV of 1936 came into force on the 31st October, 1936.
5Subs. by Ordinance No. XXXVIII of 1960, s. 3, (with effect from the 16th May, 1960).
6Subs. by Ordinance No. XLIV of 1979, s. 4.

Page 29 of 137

1
[* * * * * * *]
(2) For the purposes of sub‑section (1), the civil population shall be calculated in accordance
with the latest official census, or, if the 2[Federal Government], by general or special order, so directs,
in accordance with a special census taken for the purpose.
3[* * * * * * *]
4[13A. Constitution of Cantonment Boards. __(1) The Board for a Class I Cantonment shall
consist of the following members, namely:__
(a) the Officer Commanding the station or, if the Federal Government so directs in
respect of any cantonment, such other military officer as may be nominated by
the Competent Authority;
(b) twelve elected members ;
(c) the Health Officer;
(d) the Maintenance Engineer;
(e) a Magistrate of the first class nominated by the District Magistrate ; and
(f) nine civil or military officers nominated by the Officer Commanding the station
by order in writing.
(2) The Board for a Class II Cantonment shall consist of the following members, namely:—
(a) the Officer Commanding the station or, if the Federal Government so directs in
respect of any Cantonment, such other military officer as may be nominated by
the Competent Authority;
(b) seven elected members;
(c) the Health Officer;
(d) the Maintenance Engineer;
(e) a Magistrate of the first class nominated by the District Magistrate ; and
(f) four military officers nominated by the Officer Commanding the station by
order in writing.
(3) The Board for a Class III Cantonment shall consist of the following members, namely:__

1Omitted by Ordinance No. XXXVIII of 1960, s .3, (with effect from the 16th May, 1960).
2Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.
3Subsections (3), (4), (5), (5A), (6) and (7) have been omitted by Ordinance No. XXXVIII of 1960, s. 3 (with effect from the 16th May, 1960).
4Subs. by Ordinance No. XLIV of 1979, s. 5.

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(a) the Officer Commanding the station or, if the Federal Government so directs in
respect of any cantonment, such other military officer as may be nominated by
the Competent Authority;
(b) two elected members:
Provided that the Federal Government may, by notification in the
official Gazette, increase the number of elected members to such extent not
exceeding five as it deems fit;
(c) the Health Officer; and
(d) one military officer nominated by the Officer Commanding the station by order
in writing:
Provided that, if the number of elected members is i ncreased under
clause (b), the number of members so nominated shall be one less than the
number of elected members so increased.
(4) The Federal Government may, by notification in the official Gazette, reserve a number of
seats for women, peasants, workers and minority communities in the Board of a particular cantonment:
Provided that nothing contained in this Act or the rules made thereunder shall be construed as
making a woman, peasant or worker ineligible for election to a general seat in any Board.
(5) The name of every elected or nominated member of the Board shall forthwith be reported
to the Federal Government which shall notify in the official Gazette the name of the person so
nominated or elected.
(6) The Officer Commanding the station may, with the sanction of the Competent Authority,
nominate, in place of a military officer whom he is empowered to nominate under clause (f) of sub
section (1), clause (f) of subsection (2) or clause (d) of subsection (3), any person who is ordinarily
resident in the cantonment or in the vicinity thereof.]
14. Power to vary constitution of Boards in special circumstances .__(1) Notwithstanding
anything contained in 1[section 13A], if the 2[Federal Government] is satisfied__
(a) that, by reason of military operations it is necessary or
(b) 3[* * *], that, for the administration of the cantonment, it is desirable,

to vary the constitution of the Board in any cantonment under this section, the 2[Federal Government]
may, by notification in the 3[official Gazette], make a declaration to that effect.
(2) Upon the making of a declaration under sub‑section (1), the Board in the cantonment shall
consist of the following members, namely:__

1Subs. by Ordinance No. XXXVIII of 1960, s. 5, (with effect from the 16th May, 1960).
2Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.
3Omitted and subs. by A.O., 1937.

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(a) the Officer Commanding the station ;
(b) one military officer nominated by name by the Officer Commanding the station
by order in writing;
(c) one member, not being a person in the service of the Government, nominated
by the Officer Commanding the station.

1[Provided that in its application to the Wah Cantonment this sub‑section shall be read as if in
clause (a), at the end thereo f, the words ‘ or, if the 2[Federal Government] so directs, any civil or
military officer nominated by the 3[Competent Authority] were added, and in clause (b) for the words
‘military officer’ the words ‘civil or military officer’ were substituted.]
(3) Every nomination of a member of a Board constituted under this section, and every vacancy
in the membership thereof, shall be notified by the 2[Federal Government] in the 4[official Gazette].
(4) The term of office of a Board constituted by a declaration under sub‑section (1) shall not
ordinarily extend beyond one year:
Provided that the 2[Federal Government] may from time to time, by a like declaration, extend
the term of office of such a Board by any period not exceeding one year at a time:
Provided also that the 2[Federal Government] shall forthwith direct that the term of office of
such a Board shall cease if, in the opinion of the 2[Federal Government], the reasons stated in the
declaration whereby such Board was cons tituted, or its term of office was extended, have ceased to
exist.
(5) When the term of office of a Board constituted under this section has expired or ceased, the
Board shall be replaced by the former Board which, but for the declaration under sub‑section (1),
would have continued to hold office, or, if the term of office of such former Board has expired, by a
Board constituted under 5[section 13A].]
15-15I. 6[Omitted]
16. 5[Omitted]
17. 5[Omitted]
18. 6[Omitted]
19. 6[Omitted]
6[l9A. Local Area.―For the purpose of this Act, local area shall be the whole of cantonment.
19B. Delimitation of cantonment into wards. ―(1) The Election Commission shall delimit a
cantonment into wards in such a way that the number of wards is eq ual to the number of members to
be elected on general seats of a Board specified under section l3A.

1Added by Act No. XXXIV of 1956, s. 2.
2Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.
3Subs. by Ordinance No. XLIV of 1979, s. 2.
4Subs. by A.O., 1937.
5Subs. and omitted by Ordinance No. XXXVIII of 1960, s. 5, (with effect from the 16th May, 1960).
6Omitted and ins. by Act No. XLVII of 2023, ss.6 and 7. (In main law from section 15 to 15I are available but in amendment Act No. XLVII of 2023,
omitted the sections from section.15-151 instead of 15 to 15I)

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(2) For the purposes of delimitation of wards of a cantonment,—
(a) a ward shall consist of a village or revenue estate or census block or adjoining
census blocks as determined for purposes of the last preceding census or
delimited and notified as such by the Election Commission;
(b) the boundaries of a ward shall not cross the limits of the cantonment; and
(c) the population of wards within a cantonment shall, as far as possible, be
uniform.
(3) The wards of a cantonment shall be delimited in accordance with this Act and the rules
made thereunder. As far as possible, principles of delimitation as laid down under the Elections Act,
2017 (XXXIII of 2017) or any other law for the time being in force shall be followed.
19C. Election on the basis of adult franchise .―The election of members to be elected on
general seats of a Board shall be held on the basis of single member constituency and adult franchise
through secret ballot.
19D. Authority for local government electi on.―(1) An e lection to a Board under this Act
shall be conducted by the Election Commission in accordance with the rules made under this Act and
such rules may provide for all matters connected therewith or incidental thereto, including the time of
holding the elections, b y-elections, corrupt or illegal practices and oth er election offences and the
submission, trial and disposal of election petitions.
(2) The Election Commission shall on receipt of a request in writing from the Federal
Government issue a program for the conduct of elections in the Boards and shall fix the dates for filing
of nomination papers, scrutiny, allotment of symbols and poll, etc.
19E. Indirect elections. ―(1) Election to the seats reserved for women, peasants , youth,
workers and Non-Muslims shall immediately be held after the notification of the names of returned
candidates on general seats.
(2) The members against seats reserved for women, peasants, youth, workers and Non-Muslims
shall be elected through secret ballot by the directly elected members under section 19C.
(3) The elected members of a Board shall, amongst themselves, elect through secret ballot a
vice-president of that Board.
19F. Qualifications for candidates and elected members.―(1) A person shall qualify to be
elected or to be chosen or to hold an elective office or membership of the Board, if he__
(a) is a citizen of Pakistan;
(b) is at least twenty-five years of age;
(c) is enrolled as a voter in the electoral roll of the relevant ward and, in case for
reserved seats, in any electoral area for that Board;
(d) has not been by a competent court declared to be of unsound mind;
(e) is not in the service of the Federal Government, a Provincial Government or a
local government or any statutory body or a b ody which is controlled by any

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such Government or in which any of such. Governments has a controlling share
or interest, except the h olders of elected public office and part time officials
remunerated either by salary or fee:
Provided that the disqualification under this clause shall not apply to a
person who has resigned or retired from such service and a period of not less
than six months has elapsed since his retirement;
(f) has not been dismissed, removed or compulsorily retired from public service on
grounds of moral turpitude;
(g) does not possess assets which are inconsistent with his declaration of assets or
justifiable means, whether held in his o wn name or of his dependents or any
other person or corporate body in whose name assets are held in trust or under
any other formal or informal arrangement whereby the de facto control of
such assets including their sale, transfer or pecuniary interest, is retained by him;
(h) has not been adjudged a willful-defaulter of any tax or other financial dues owed
to the Federal Government, a Provincial Government or a local government or
any financial institution, including utility bi lls outstanding for six months or
more;
(i) has not been sentenced to imprisonment for a term of two years or more and in
case of imprisonment for a term of two years or more, a period of five years has
elapsed since his release;
(j) has not failed to file the required return of election expenses or is not convicted
for exceeding the limits of elections expenses prescribed under the electoral
laws;
(k) has not been by any court declared an undischarged insolvent or his application
in this regard is not pending adjudication;
(l) does not engage in any transaction involving pecuniary interest with the Board
of which he is a member;
(m) does not absent himself without re asonable cause from three consecutive
meetings of the Board of which he is a member:
Provided that a member shall not be disqualified if the absence was
necessitated by a national emergency or force majeure;
(n) has not been and is not involved in activities prejudicial to the ideology, interest,
security, unity, solidarity, peace and integrity of Pakistan and its people and the
good order and harmony of society; and
(o) takes oath within the specified period.
(2) Whoever―
(a) is found by the Election Commission to have contravened the provisions of sub-
section (1) shall stand disqualified from being a candidate for election to a Board
for a period of five years; or

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(b) having been elected as a member of the Board or being a holder of an elective
office of a Board is found by the Election Commission to have contravened the
provisions of sub-section (1) shall cease forthwith to be an elected member or
to hold the office of such member and also shall stand disqualified from being
a candidate for election to a Board for a period of five years.
19G. Electoral rolls.__(1) The Election Commission shall prepare electoral rolls in accordance
with the provisions of the Elections Act, 2017 (XXXIII of 2017) and rules made thereunder for the
purposes of election to a Board or general seats.
(2) The Election Commis sion may issue directions to adjust the electoral rolls or cause to
prepare an electoral roll for any area forming part of a Board.
(3) The electoral rolls shall not be rendered invalid by reason of any erroneous de scription
contained therein of any person listed or of an omission of the name of any person enti tled to be
enrolled as a voter or of inclusion of the name of any person not so entitled.
19H. Election to vacant seats.―(1) If a seat of a member becomes vacant during the term of
office of a Board, a new member shall be elected through bye -elections and the member elected in
bye-elections shall hold office for the remaining portion of the term of the Board.
(2) If any seat reserved for a member under section l9E through indirect electi on becomes
vacant it shall be filled through bye -elections in the sa me manner applicable to the indirect election
and the member so elected shall hold office for the residual period of the term of the member whose
seat has become vacant.
(3) A vacancy of vice -president shall be filled through bye -election within sixty days of the
occurrence of vacancy.
(4) When the office of vice-president falls vacant, the elected members of a Board shall, by a
majority vote, elect an officiating vice-president from amongst the elected members of the Board.
19I. Term of office.―(1) Subject to the provisions of this Act, a member of a Board shall hold
office for a term of four years from the date of oath.
(2) On expiry of term of a Board, the Federal Government shall, by notificati on in the official
Gazette, appoint till the holding of the elections a caretaker Board comprising officer commanding the
station and two nominated members, one civil and one offic er of armed forces, as may be nominated
by officer commanding the station.
l9J. Declaration of property .―Every elected member shall, before entering upon office
submit to an officer authorized by the Federal Government in this behalf, and in such manner as the
Federal Government may direct, a declaration in writing of properties, both movable and immovable,
whether within or outside Pakistan, which he or any member of his family owns, or has in his
possession or under his control, or in which he or any member of his family has any beneficial interest.
Explanation.__For the purposes of this section, the expression “member of his family” in
relation to a person, includes__
(a) the spouse of such person, and
(b) such of the children, parents, brothers and sisters as reside with and are wholly
dependent upon such person.

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l9K. Oath of office .―The vice -president and members shall , before entering upon their
respective offices, make oath as may be prescribed.
19L. Removal.―(1) Where proceedings of disqualification under sub -section (2) of section
19F have been initiated on an application made by any person or by the President on his own motion
against a member or the vice-president, the President may issue to a member or, as the case may be,
the vice-president a notice to show cause within a specified period as to w hy proceedings against
him may not be taken for his removal for breach of any of the provisions of section l9F.
(2) Where the President is not satisfied with the reply to the notice to show cause referred to in
sub-section (1) or any reply to the said notice is not submitted within the period fixed by him, he may
order for an inquiry into the matter and for that purpose appoint an inquiry officer.
(3) On the basis of inquiry held under sub -section (2), the President shall submit thro ugh the
administrative division the inquiry report along with his comments to the Election Commission for
final decision:
Provided that no order of removal of a member or the vice -president against whom inquiry
proceedings are carried out shall be passed without providing him the opportunity of being heard.
19M. Resignation of member.―(1) A nominated or elected member who wishes to resign
his office may submit his resignation in writing to the President of the Beard where upon the
resignation shall be deemed, to have been accepted and effective forthwith.
(2) Copies of all resignations under sub -section (1) shall be forwarded by the President to the
Election Commission and the administrative division for nomination or, as the case may be, election
of another member in his place.
(3) Notwithstanding the resignation of a member under sub-section (1), the proceedings for his
removal, if any, under section 19L, already initiated shall not abate.
l9N. Ineligibility for re -election.―Where a member or vice -president has been removed,
recalled or disqualified, he shall not be eligible for re -election to any office of Board for a period of
five years.
l9O. Notification to be issued .―The Election Commission shall notify every election, bye -
election and result of such election and resignation, removal or recall of a member or vice -president,
as the case may be.
l9P. Offences .―(1) A person guilty of bribery, personating or undue influence shall be
punishable for an offence of corrupt practice with imprisonment for a term which may extend to three
years, or with fine which may extend to fifteen thousand rupees, or with both.
(2) A person is guilty of bribery, if he, directly or indirectly, by himself or by another person
on his behalf, ―

(a) receives, agrees or contracts for any gratification for voting or refraining from
voting or for being or refraining from being a candidate at, or withdrawing or
retiring from an election; or
(b) gives, offers or promises any gratification to any person for the purpose of

Page 36 of 137

inducing__
(i) a person to be or to refrain from being a candidate at an election;
(ii) a voter to vote or refrain from voting at any election;
(iii) a candidate to withdraw or retire from an election;
(iv) for rewarding a person for having been or for having refrained from
being a candidate at an election;
(v) for rewarding a voter for having voted or refrained from voting at an
election; or
(vi) for rewarding a candidate for having withdrawn or retired from an
election.
Explanation.―In this section, ‘gratification’ includes a
gratification in money or estimable in money and all forms of
entertainment or employment for reward.
(3) A person is guilty of personating, if he votes or applies for a ballot paper for voting as some
other person whether that other person is living or dead or fictitious.
(4) A person is guilty of undue influences, if he,__
(a) in order to compel any person to vote, refrain from voting or to induce or compel
any person to withdraw his candidature at any election, directly or indirectly, by
himself or by any other person on his behalf, ―
(i) makes or threatens to make use of any force violence or restraint;
(ii) inflicts or threatens to inflict any injury, damage, harm or loss;
(iii) uses any official influence or governmental patronage; or
(b) on account of any person having voted or refrained from vot ing, or having
withdrawn his candidature, does any of the acts specified in clause (a); or
(c) by abduction, duress or any fraudulent device or contrivances.
(i) impedes or prevents the free exercise of the franchise by a voter; or
(ii) compels, induces or prevails upon any voter to refrain from voting or
compels any voter to vote.
(5) A person is guilty of illegal practice punishable with fine which may extend to one hundred
thousand rupees, if he__
(a) obtains or procures, or attempts to obtain or procure , the assistance of any
officer or official of the Federal Government, a Provincial Government or a
local government or authority to further or hinder the election of a candidate;

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(b) votes or applies for a ballot paper for voting at an election knowing that he is
not qualified, for voting or is disqualified from voting;
(c) votes or applies for a ballot paper for voting mor e than once at any polling
station;
(d) removes a ballot paper or a ballot box from a polling station or destroys,
damages, tampers with the ballot box used at a polling station;
(e) knowingly induces or procures any person, to do any of the aforesaid acts; or
(f) fails to provide statement of election expenses as required under this Act;
(g) makes or publishes a false statement__
(i) concerning the personal character of a candidate or his relation
calculated to adversely affect the election of such candidate or, for the
purpose of promoting or procuring the election of another candidate,
unless he proves that he had reasonable ground f or believing, and did
believe, the statement to be true;
(ii) relating to the symbol of a candidate whether or not such symbol has
been allocated to such candidate;
(iii) regarding the withdrawal of a candidate;
(h) knowingly, in order to support or oppose a candidate, lets, tends, employs, hires,
borrows or uses any vehicle or vessel for the purpose of conveying voters to or
from the polling station, except when a person conveys himself or any member
of the household to which he belongs, to or from the polling station; or
(i) causes or attempts to cause any person present or waiting to vote at the polling
station to depart without voting.
(6) A person is guilty of an offence punishable with fine which may extend to one hundred
thousand rupees, if he, on the polling day in connection with the election__
(a) convene, calls or organizes within a ward any meeting: or
(b) within a radius of two hundred meters of the polling station__
(i) canvasses for votes;
(ii) solicits vote of any voter;
(ii) persuades an y voter not to vote at the election or for a particular
candidate; or
(iv) exhibits, except with the permission of the Returning Officer and at a place
reserved for the candidate or his polling agent beyond the radius of one hundred
meters of the polling station, any notice, sign, banner or f lag designed to
encourage the voter to vote, or discourage the voters from voting, for any
contesting candidate.

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(7) A person is guilty of an offence punishable with imprisonment for a term which may extend
to three months, or with fine which may extend to one hundred thousand rupees, or with both, if he__
(a) uses, in such manner as to be audible within the polling station any gramophone,
megaphone, loudspeaker or other apparatus for reproducing or amplifying
sounds;
(b) persistently shouts in such manner as to be audible within the polling station; or
(c) does any act which―
(i) disturbs or causes annoyance to any voter visiting a polling station for
the purpose of voting;
(ii) interferes with the p erformance of the duty of the presiding officer,
polling officer or any other person performing any duty at a polling
station; or
(iii) abets the doing of any of the aforesaid acts.
(8) A person is guilty of an offence punishable with imprisonment for a term which may extend
to six months or with fine which may extend to two hundred thousand rupees, or with both, if he__
(a) fraudulently defaces or destroys any nomination paper or ballot paper;
(b) fraudulently takes out of the polling station any ballot paper or puts into any
ballot box any ballot paper other than the ballot paper he is authorized under the
rules to put in;
(c) without due authority―
(i) supplies any ballot paper to any person;
(ii) destroys, takes, opens or otherwise interferes with any ballot box or
packet or ballot paper in use for the purpose of election; or
(iii) breaks any seal affixed in accordance with the provisions of the rules; or
(d) causes any delay or interruption in the beginning, conduct or the completion of
the procedure required to be immediately carried out on the close of the poll; or
(e) fraudulently or without due authority attempts to do any of aforesaid acts.
(9) A person is guilty of an offence punishable with imprisonment which may ext end to six
months, or with fine which may extend to three hundred thousand rupees or with both, if he―
(a) interferes or attempts to interfere with a voter when he records his vote;
(b) in any manner obtains or attempts to obtain in a polling station infor mation as
to the candidate for whom a voter in that station is about to vote or has voted,
or
(c) communicates at any time any information obtained in a polling station as to the

Page 39 of 137

candidate for whom a voter in that station is about to vote or has voted.
(10) Any candidate or polling agent attending a polling station, or any person attending the
counting of votes, is guilty of an offence punishable with imprisonment which may extend to six
months or with fine which may extend to three hundred thousand rupees, or with both, if he__
(a) fails to maintain or aid in maintaining the secrecy of voting; or
(b) communicates any info rmation obtained at the counting of votes as to the
candidate for whom any vote is given by any particular ballot paper.
(11) A presiding officer, polling officer or any officer or clerk performing a duty in connection
with an election, or any member of a police force, is guilty of an offence punishable with imprisonment
for a term which may extend to six months, or with fine which may extend to three hundred thousand
rupees, or with both, if he, during the conduct or management of an election or maintenance of order
at the polling station―
(a) persuades any person to give his vote;
(b) dissuades any person to give his vote;
(c) influences in any manner the voting of any person;
(d) does any other act calculated to further or hinder the election of a candidate;
(e) fails to maintain or aid in maintaining the secrecy of voting;
(f) communicates, except for any purpose authorized by any law, to any person
before the poll is closed any information as to the name or number on the
electoral roll of any voter who has or has not applied for a ballot paper, or has
or has not voted at a polling station; or
(g) communicates any information obtained at the counting of votes as to the
candidate for whom any vote is given by any particular ballot paper.
(12) A presiding officer or any other person employed by any such officer in connection with
his official duties imposed by or under this Act, is guilty of an offence punishable with fine which may
extend to three hundred thousand rupees, if he, without reasonable cause does or omits to do an act to
breach of any official duty.
(13) A person in the service of the Federal Government, a Provincial Government, a local
government, or a body owned or controlled by the Federal Government or a Provincial Government is
guilty of an offence punishable with imprisonment for a term which may extend to six months, or with
fine which may extend to five hundred thousand rupees, or with both, if he, in any manner, gives any
assistance calculated to further or hinder the election of a candidate.
19Q. Summary trial .―All offences under this Chapter, except the offences under sub -
sections (2), (3) and ( 4) of section l9P, shall be tried summarily under the provisions of the Code of
Criminal Procedure; 1898 (Act V 1898).
l9R. Jurisdiction courts barred.―No court shall question the legality of any action taken in
good faith by or under the authority of the Election Commission, the Commissioner, a returning officer,
presiding officer or an assistant presiding officer or an y decision given by any of them or any other

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officer or authority appointed under this Act or the rules made thereunder.
19S. P ower to make rules .―The Federal Government may, by notification in the official
Gazette, make rules for carrying out the purposes of this Chapter.
19T. Removal of nominated member .―Where the officer commanding the station makes a
report to the effect that any nominated member, being a civil or military officer, is unable to discharge
his duties for any reason, the Federal Government may, by order in writing, relieve such member of
his office.
l9U. Ca sual vacancy i n the office of no minated member .__(1) Eve ry casual vacancy
occurring in the office of a nominated member shall forthwith be reported to the secretary of the
administrative division who shall, by notification in the official Gazette, declare the occurrence of such
vacancy.
(2) A casual vacancy in the office of a nominated member shall be filled for the remainder of
the term of such member by nominating another person in his place in the same manner in which such
member was nominated.]
1[20. President and VicePresident.__(1) The Officer Commanding the station, or the civil or
military officer nominated in his place under section 13A, shall be the President of the Board.
(2) In every Board in which there is more than one elected member, there shall be a
Vice‑President elected by the electe d members only from amongst their number in accordance with
such procedure as the 2[Federal Government] may by rule prescribe.]
21. Term of office of Vice -President. 3[(1) 4[Unless he resigns his office under sub‑section
(2) or is removed under sub‑section (3), the term of office of a Vice‑President shall be 1[five years] or
the residue of his term of office as a member, whichever is less.]]
(2) A Vice‑President may resign hi s office by notice in writing to the President and, on the
resignation being accepted by the Board, the office shall become vacant.
4[(3) A Vice‑President may be removed from his office by the 2[Federal Government] at any
time during the term of his office if a no‑confidence motion is passed against him by a two‑third
majority of the elected members of the Board at a meeting specially convened for this purpose, and on
such removal the office shall become vacant.]

1Subs. by Ordinance No. XXXVIII of 1960, s. 9 (with effect from the 16th May, 1960).
2Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.
3Subs. by Act No. XXIV of 1936, s. 8.
4Subs. by Act No. XXXIV of 1956, s. 4.

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22. Duties of President. (1) It shall be the duty of the President of every Board__
(a) unless prevented by reasonable cause, to convene and preside at all meetings of
the Board and to regulate the conduct of business thereat ;
(b) to exercise supervision and control over the financial and executive
administration of the Board ;
(c) to perform all the duties and exercise all the powers specifically imposed or
conferred on the President by or under this Act ; and
(d) subject to any restrictions, limitations and conditions impose d by this Act, to
exercise executive power for the purpose of carrying out the provisions of this
Act and to be directly responsible for the fulfilment of the purposes of this Act.
(2) The President may, by order in writing, empower the Vice‑President to e xercise all or any
of the powers and duties referred to in clause (c) of sub‑section (1) other than any power, duty or
function which he is by resolution of the Board expressly forbidden to delegate.
(3) The exercise or discharge of any powers, duties or f unctions delegated by the President
under this section shall be subject to such restrictions, limitations and conditions, if any, as may be laid
down by the President and to the control of, and to revision by, the President.
(4) Every order made under sub‑section (2) shall forthwith be communicated to the Board and
to the 1[Competent Authority].
23. Duties of VicePresident. It shall be the duty of the Vice‑President of every Board__
(a) in the absence of the President and unless prevented by reasonable cau se, to
preside at meetings of the Board and when so presiding to exercise the authority
of the President under sub‑section (1) of section 22 ;
(b) during the incapacity or temporary absence of the President or pending his
appointment or succession, to perf orm any other duty and exercise any other
power of the President ; and
(c) to exercise any power and perform any duty of the President which may be
delegated to him under subsection (2) of section 22.
24. Duties of the Executive Officer. The Executive Officer shall perform all the duties
imposed upon him by or under this Act, and shall be responsible for the custody of all the records of
the 2[Board], and shall arrange for the performance of such duties relative to the proceedings of the
Board or of any Committee of the Board or of any Committee of Arbitration constituted under this
Act, as those bodies may respectively impose on him, and shall comply with every requisition of the
2[Board] on any matter pertaining to the administration of the cantonment.

1Subs. by Ordinance No. XLIV of 1979, s. 2.
2Subs. by Act No. XXIV of 1936, s. 69.

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25. Special power of the Executive Officer. The Executive Officer may, in cases of
emergency, direct the execution of any work or the doing of any act which would ordinarily require
the sanction of the 1[Board] and the immediate execution or doing of which is, in his opinion, necessary
for the service or safety of the public, and may direct that the expense of executing such work or doing
such act shall be paid from the cantonment fund:
Provided that__
(a) 1[* * *], he shall not act under this section without the previous sanction of the
President or, in his absence, of the Vice‑President;
(b) he shall not act under this section in contravention of any order of the 1[Board]
prohibiting the execution of any particular work or the doing of any particular
act ; and
(c) he shall report forthwith the acti on taken under this section and the reasons
therefor to the 1[Board].
Elections.
26. 2[Omitted]
27. 2[Omitted]
28. 2[Omitted]
29. 2[Omitted]
30. 2[Omitted]
31. 2[Omitted]
Members.
32. Member not to vote on matter in which he is interested. No member of a Board shall
vote at a meeting of the Board 3[or of any committee of the Board] on any question relating to his own
conduct or on any matter, other than a matter affecting generally the inhabitants of the cantonment,
which affects his own pe cuniary interest or the valuation of any property in respect of which he is
directly or indirectly interested, or of any property of or for which he is a manager or agent.
33. Liability of members. Every member of a Board shall be liable for the loss, wast e or
misapplication of any money or other property belonging to the Board if such loss, waste or
misapplication is a direct consequence of his neglect or misconduct while such member; and a suit for
compensation for the same may be instituted against him e ither by the Board or by the 4[Federal
Government].
34. 5[Omitted]
35. 5[Omitted]

1Subs. by Act No. XXIV of 1936, ss. 69 and 9.
2Omitted by Ordinance NO. XXXVIII of 1960, s.11. (with effect from the 16th May, 1960).
3Ins. by Act No. XXXI of 1940, s. 3.
4Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.
5Omitted by Act No. XLVII of 2023, s.8.

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Servants.
36. Disqualification of person as servant of Board . (1) No person who has directly or
indirectly by himself or his partner any share or interest in a contract with, by or on behalf of a 1[Board]
or in any employment under, by or on behalf of a 1[Board], otherwise than as a servant of the 1[Board],
shall become or remain a servant of such 1[Board].
(2) A servant of a 1[Board] who knowingly acquires or continues to have directly or indirectly
by himself or his partner any share or interest in a contract with, by or on behalf of the 1[Board] or, in
any employment under, by or on behalf of, the 1[Board], otherwise than as a servant of the 1[Board],
shall be deemed to have committed an offence under section 168 of the Pakistan Penal Code (XLV of
1860).
(3) Nothing in this section shall apply to any share or interest in any contract with, by or on
behalf of, or employment under, by or on behalf of , a 1[Board] if the same is a share in a company
contracting with, or employed by, or on behalf of, the 1[Board] or is a share or interest acquired or
retained with the permission of the 2[Competent Authority] in any lease or sale to, or purchase by, the
1[Board]of land or buildings or in any agreement for the same.
1[(4) Every person applying for employment as a servant of a Board shall, if he is related by
blood or marriage to any member of the Board or to any person, not being a menial servant, in receipt
of remuneration from the Board, notify the fact and the nature of such relationship to the appointing
authority before the appointment is made, and if he has failed to do so, his appointment shall be invalid
but without prejudice to the validity of anything previously done by him.]
3[36A. Cantonment servant to be deemed a public servant. Every officer or serv ant,
permanent or temporary, of a 1[Board] shall be deemed to be a public servant within the meaning of
the Pakistan Penal Code, (XLV of 1860) and in the definition of “Legal remuneration” in section 161
of that Code the word “Government” shall, for the pu rpose of this section, be deemed to include a
1[Board].]
Procedure.
37. Meetings. (1) Every Board shall ordinarily hold at least one meeting in every month on
such day as may be fixed, and of which notice shall be given in such manner as may be provided, by
regulations made by the Board under this Chapter.
(2) The President may, whenever he thinks fit, and shall, upon a requisition in writing by not
less than one‑fourth of the members of the Board, convence a special meeting.
(3) Any meeting may be adjourned until the next or any subsequent day, and an adjourned
meeting may be further adjourned in like manner.
38. Business to be transacted. Subject to any regulation made by the Board under this Chapter,
any business may be transacted at any meeting:

1Subs. and ins. by Act No. XXIV of 1936, ss. 69 and 13.
2Subs. by Ordinance No. XLIV of 1979, s. 2.
4Ins. by Act No. VII of 1925, s.5.

Page 44 of 137

Provided that no business relating to the imposition, abolition or modification of any tax shall
be transacted at a meeting unless notice of the same and of the date fixed therefor has been sent to each
member not less than seven days before that date.
39. Quorum. (1) The quorum necessary for the transaction of business at a meeting of a Board
1[in which there is more than one elected member] shall be five or one‑half of the number of members
of the Board actually holding office at the time, whichever is the greater number :
1[* * * * * * *]
1[(lA) The quorum necessary for the transaction of business at a meeting of a Board constituted
under 2[sub‑section (3) of section 13A] or under sub‑section (1) of section 14, shall be two.]
(2) If a quorum is not present, the President shall adjourn the meeting and the business which
would have been brought before the original meeting if there had been a quorum present thereat shall
be brought before, and may be transacted at, an adjourned meeting, whether there is a quorum present
or not.
1[40. Presiding officer. In the absence of__
(a) both the President and the Vice‑President from any meeting of a Board in which
there is more than one elected member,
(b) the President from a meeting of a Board constituted under 2[sub‑section (3) of
section 13A] or sub‑section (1) of section 14,
the members present shall elect one from among their own number to preside.]
41. Minutes. (1) Minutes of the proceedings of each m eeting shall be recorded in a book and
shall be signed by the President before the close of the meeting, and shall, at such times and in such
place as may be fixed by the Board, be open to inspection free of charge by any inhabitant of the
cantonment.
(2) Copies of the minutes shall, as soon as possible after each meeting, be forwarded for
information to 3[the 4[Competent Authority]], 5[Officer Commanding the garrison area, the Director
General, Director] 1[and the Military Estates Officer].
42. Meetings to be Public. Every meeting of a Board shall be open to the public unless in any
case the President, for reasons to be recorded in the minutes, otherwise directs.
43. Method of deciding questions. (1) All questions coming before a meeting shall be decided
by the majority of the votes of the members present and voting.
(2) In the case of an equality of votes, the President shall have a second or casting vote.

1Ins. omitted and subs. by Act No. XXIV of 1936, ss.14, 15 and 16. (In sub-section (2) of section 41 some words are subs. by amendment Act No XXIV
of 1936 later on some words are subs.by amendment Act No. XLVII of 2023).
2Subs. by Ordinance No. XXVIII of 1960), s. 13. (with effect from the 16th May, 1960).
3Ins. by Act No. XXV of 1926, s. 3.
4Subs. by Ordinance No. XLIV of 1979, s. 2.
5Subs. by Act No. XLVII of 2023, s.9.

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(3) The dissent of any member from any decision of the Board shall, if the member so requests,
be entered in the minutes, together with a short statement of the grounds for such dissent.
1[43A. Committees or Bazars.__(1) Every Board constituted under 2[section 13A] in a Class I
Cantonment 3[Class II Cantonment or Class III Cantonment] shall appoint a committee consisting of
the elected members of the Board, the Health Officer and 3[, in the case of a Class I Cantonment or
Class II Cantonment, the Maintenance Engineer] for the administration of such areas in the cantonment
as the 4[Federal Government] may by notification in the 5[official Gazette], declare to be bazar areas,
and may delegate its powers and duties to such committee in the manner provided in clause (e) of
sub‑section (1) of section 44.
(2) The Vice‑President of the Board shall be the Chairman of the committee appointed under
sub‑section (1).]
6[43B. Local reconciliation or maqami masalihat committee.―The secretary of
administrative division may constitute a local reconciliation o r maqami masalihat committee in the
cantonment areas on the basis of consensus for amicable resolution of disputes and for performing
such other socio-economic functions as may be prescribed by rules made under this Act.]
44. Power to make regulations. (1) A Board may make regulations consistent with this Act
and with the rules made thereunder to provide for all or any of the following matters, namely :__
(a) the time and place of its meetings ;
(b) the manner in which notice of the meeting shall be given ;
(c) the conduct of proceedings at meetings and the adjournment of meetings;
(d) the custody of the common seal of the Board and the purposes for which it shall
be used ; and
(e) the appointment of committees for any purpose and the determi nation of all
matters relating to the constitution and procedure of such committees, and the
delegation to such committees, subject to any conditions which the Board thinks
fit to impose, of any of the powers or duties of the Board under this Act other
than a power to make regulations or bye‑laws.
(2) No regulation made under clause (e) of sub‑section (1) shall take effect until it has been
approved by the 4[Federal Government].
(3) No regulation made under this section shall take effect until it has been p ublished in such
manner as the 4[Federal Government] may direct.

1Ins. by Act No. XXIV of 1936, s. 17.
2Subs. by Ordinance No. XXXVIII of 1960, s. 14. (with effect from the 16th May, 1960).
3Subs. by Ordinance No. XLIV of 1979, s. 9.
4Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.
5Subs. by A.O., 1937.
6Subs. by Act No. XLVII of 2023, s.10.

Page 46 of 137

45. Joint action with other local authority. (1) A 1[Board] may__
(a) Join with any other local authority__
(i) in appointing a joint committee for any purpose in which they are jointly
interested and in appointing a chairman of such committee;
(ii) in delegating to such committee power to frame terms binding on the
1[Board] and such other local authority as to the construction and future
maintenance of any joint work or to exercise any power which might be
exercised by 1[the Board or by such other local authority] ; and
(iii) in making rules for regulating the proceedings of any such committee
relating to the purposes for which it has been appointed ; or
(b) with the previous sanction of 1[the 2[Competent Authority] and] the 3[Provincial
Government concerned], enter into an agreement with any other local authority
regarding the levy of any tax or toll whereby the said tax or toll respectively
leviable by the 3[Board and by such other local authority] may be levied together
instead of separately within the limits of the aggregate area comprising the areas
subject to the control of the 3[Board and such other local authority].
(2) If any difference of opinion arises between any 3[Board and other local authority] acting
together under this section, the decision thereon of the 4[Federal Government] or of an officer
appointed by the 4[Federal Government] in this behalf shall be final.
(3) When any agreement such as is referred to in clause (b) of sub-section (1) has been entered
into, then__
(a) where the agreement relates to an octroi or terminal tax or toll, the other local
authority with which the 1[Board] has made such agreement shall have the same
powers to establish octroi limits and octroi stations and places for the collection
of the terminal tax and terminal toll within the cantonment, as it has within the
area ordinarily subject to its control;
(b) such other local authority shall have the same power of collecting such tax or
toll in the cantonment, and the provisions of any enactment in force relating to
the levy of such tax or toll by such other local authority shall apply in the same
manner, as if the cantonment were comprised within the area ordinarily subject
to its control ; and
(c) the total of the collection of such tax and toll made in the cantonment and in the
area ordinarily subject to the control of such other local authority and the costs
thereby incurred shall be divided between the cantonment fund and the fund
subject to the control of such other local authority, in such prop ortion as may
have been determined by the agreement.

1Subs. and ins. by Act No. XXIV of 1936, ss. 69 and 18.
2Subs. by Ordinance No. XLIV of 1979, s. 2.
3Subs. by A.O., 1937.
4Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.

Page 47 of 137

1[45A. Report on administration. Every board shall, as soon as may be after the close of the year
and not later than the date fixed in this behalf by the 2[Federal Government], submit to the 2[Federal
Government] through the 3[Competent Authority], a report on the administration of the cantonment during
the preceding financial year, in such form and containing such details as the 2[Federal Government] may
direct. The comments, if any, of the 3[Competent Authority], on such report shall be communicated by him
to the Board which shall be allowed a reasonable time to furnish a reply thereto, and the comments together
with the reply, if any, shall be forwarded to the 2[Federal Government] alongwith the report.
Control.
46. Power of 2[Federal Government] to require production of documents. The 2[Federal
Government] 2[* * *] may at any time require a 1[Board]__
(a) to produce any record, correspondence, plan or other document in its possession or
under its control;
(b) to furnish any return, plan, estimate, statement, account or statistics relating to its
proceedings, duties or works;
(c) to furnish or obtain and furnish any report.
47. Inspection. The 4[2[Federal Government] or the 3[Competent Authority] may depute any person
in the service of the 5[State] to inspect or examine any department of the office of, or any service or work
undertaken by, or thing belonging to, a 1[Board], and to report thereon, and the 1[Board] and its offic ers
and servants shall be bound to afford the person so deputed access at all reasonable times to the premises
and property of the 1[Board] and to all records, accounts and other documents the inspection of which he
may consider necessary to enable him to discharge his duties.
48. Power to call for documents. 1[The 3[Competent Authority] may, by order in writing,__
(a) call for any book or document in the possession or under the control of the 1[Board]
;
(b) require the 1[Board] to furnish such statements, accounts, reports and copies of
documents relating to its proceedings, duties, or works as he thinks fit.
49. Power to require execution of work, etc. If, on receipt of any information or report obtained
1[under section 46 or section 47] or section 48, the 4[2[Federal Government] or the 3[Competent Authority]]
is of opinion__
(a) that any duty imposed on a 1[Board] by or under this Act has not been performed
or has been performed in an imperfect, inefficient or unsuitable manner, or

1Ins and subs.by Act No. XXIV of 1936, ss. 19,20,21 and 69.
2Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.
3Subs. by Ordinance No. XLIV of 1979, s. 2.
4Subs. by Act No. XXXV of 1926.
5Subs. by Central Laws (Adaptation) Order, 1961 (P.O No. 1 of 1961), Art. 2 and Sch. (with effect from the 23rd March, 1956).

Page 48 of 137

(b) that adequate financial provision has not been made for the performance of
any such duty;
1[it or] he may, 2[* * * ] direct the 3[Board], within such period as 1[it or] he thinks fit, to make
arrangements to 1[its or] his satisfaction for the proper performance of the duty, or, as the case may be,
to make financial provision to 1[its or] his satisfaction for the performance of the duty:
Provided that, unless in the opinion of the 4[1[Federal Government] or the 5[Competent
Authority] as the case may be], the immediate execution of such order is necessary, 5[it or] he shall,
before making any direction under this section, give the 3[Board] an opportunity of showing cause why
such direction should not be made.
50. Power to provide for enforcement of direction under section 49. If, within the period
fixed by a direction made under section 49, any action the taking of which has been directed under that
section has not been duly taken, the 4[ 1[Federal Government] or th e 5[Competent Authority] as the
case may be,] may make arrangements for the taking of such action, and may direct that all expenses
connected therewith shall be defrayed out of the cantonment fund.
51. Power to override decision of Board. (1) If the Presi dent dissents from any decision of
the Board, which he considers prejudicial to the health, welfare or discipline of the troops in the
cantonment, he may, for reasons to be recorded in the minutes, by order in writing, direct the
suspension of action thereon for any period not exceeding one month and, if he does, so, shall forthwith
refer the matter to the 5[Competent Authority] 7[* * * * * * *], who may make such recommendations
thereon as he thinks fit.
(2) If the 7[Director General] considers any decision of a 3[Board] to be 7[prejudicial to the
interest of the cantonment], he may, after giving notice in writing of his intention to the 3[Board], refer
the matter to the 7[secretary administrative division] ; and, pending the disposal of the reference to the
7[secretary administrative division], no action shall be taken on the decision.
(3) 7[* * * * * * *]
52. Power of 5[Competent Authority] on reference under section 51 or otherwise. (1) The
5[Competent Authority], may at any time 8[* * *]__
(a) direct that any matter or any specific proposal other than one which has been
referred to the 7[secretary administrative division ] under sub -section (2) of
section 51 be considered or re-considered by the 3[Board] ; or

1Ins. by the Federal Adaptation of Laws Orders, 1975 (P. O No. 4 of 1975), Art. 2 and Table.
2Omitted, by A.O., 1937.
3Subs. by Act No. XXIV of 1936, s. 69.
4Subs. by Act No. XXXV of 1926.
5Subs. by Ordinance No. XLIV of 1979, s. 2.
6Ins. by A.O., 1937.
7Omitted and Subs. by Act XLVII of 2023, ss.11 and 12.
8Omitted by Act No. VII of 1931, s. 3.

Page 49 of 137

(b) direct the suspension, for such period as may be stated in the order, of action on
any decision of a 1[Board], other than a decision which has been referred to him
under sub -section (1) of section 51, and thereafter cancel the suspension or
1[after giving the Board a reasonable opportunity of showing cause why such
direction should not be made,] direct that the decision shall not be carried into
effect or that it shall be carried into effect with such modifications as he may
specify.
(2) When any decision of a Board has been referred to him under sub-section (1) of section 51,
the 2[Competent Authority] may, by order in writing,__
(a) cancel the order given by the President directing the suspension of action ; or
(b) extend the duration of the order for such period as he thinks fit; or
1[(c) after giving the Board a reasonable opportunity of showing cause why such
direction should not be made, direct that the decision shall not be carried into
effect or that it shall be carried into effect by the Board with such modifications
as he may specify.]
53. Powers of 3[secretary administrative division] on a reference made under section 51.
When any decision of a 1[Board] has been referred to the 3[secretary administrative division ] under
sub-section (2) of secti on 51, the 3[secretary administrative division ] may, after consulting the
2[Competent Authority] by order in writing,__
(a) direct that no action be taken on the decision ; or
(b) direct that the decision be carried into effect either without modification or with
such modifications as it may specify.
54. Supersession of Board. (1) If, in the opinion of the 4[Federal Government], any Board is
not competent to perform or persistently makes default in the performance of the duties imposed on it
by or under this Act or otherwise by law, or exceeds or abuses its powers, the 4[Federal Government]
may, 5[* * *] by an order published, together with the statement of the reasons therefor, in the 5[official
Gazette], declare the Board to be incompetent or in default or to have exceeded or abused its powers ,
as the case may be, and supersede it for such period as may be specified in the order :
Provided that no Board shall be superseded unless a reasonable opportunity has been given to
it to show cause against the supersession.
(2) When a Board is superseded by an order under sub-section (1)__
(a) all members of the Board shall, on such date as may be specified in the order,
vacate their offices as such members but without prejudice to their eligibility
for election or nomination under clause (c) ;

1Subs. by Act No. XXIV of 1936, ss. 69 and 22.
2Subs. by Ordinance No. XLIV of 1979, s. 2.
3Subs. by Act No. XLVII of 2023, s.13.
4Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.
5Omitted by A.O. 1937.

Page 50 of 137

(b) during the supersession of the Board, all powers and duties conferred and
imposed upon the Board by or under this Act or otherwise by law shall be
exercised and performed by the 1[Officer Commanding the station] subject to
such reservation, if any, as the 2[Federal Government] may prescribe in this
behalf ; and
(c) before the expiry of the period of supersession elections shall be held and
nominations made for the purpose of reconstituting the Board.
Validity of Proceedings.
55. Validity of proceedings, etc. (1) No act or proceeding of a Board or of any committee of
a Board shall be invalid by reason only of the existence of a vacancy in the Board or committee.
(2) No disqualification or defect in the election, nomination or appointment of a person acting
as the President or a member of a Board or of any such committee shall vitiate any act or proceeding
of the Board or committee if the majority of the persons present at the time of the act being done or
the proceeding being taken were duly qualified members thereof.
(3) Any document or minutes which purport to be the record of the proceedings of a Board or
of any committee of a Board shall, if made and signed substantially in the manner prescribed for the
making and signing of the record of su ch proceedings, be presumed to be a correct record of the
proceedings of a duly convened meeting, held by a duly constituted Board or committee, as the case
may be, whereof all the members were duly qualified.
______
CHAPTER IV.
SPIRITUOUS LIQUORS AND INTOXICATING DRUGS.
56. Unauthorised sale of spirituous liquor or intoxicating drug. If within a cantonment, or
within such limits adjoining a cantonment as the 2[Federal Government] may, by notification in the
3[official Gazette] define, any person not subjec t to military or air-force law or any person subject to
military or air -force law otherwise than as a military officer or a soldier knowingly barters, sells or
supplies, or offers or attempts to barter, sell or supply, any spirituous liquor or intoxicating drug to or
for the use of any soldier or follower or soldier’s wife or minor child without the written permission
of the 1[Officer Commanding the station] or of some person authorised by the 1[Officer Commanding
the station] to grant such permission, he shall be punishable with fine which may extend to one hundred
4[thousand] rupees, or with imprisonment for a term which may extend to three months, or with both.
57. Unauthorised possession of spirituous liquor. If within a cantonment, or within any limits
defined under section 56,__
(a) any person subject to military or air -force law otherwise than as a military
officer or a soldier, or
(b) the wife or servant of any such person or of a soldier,

1Subs. by Act No. VII of 1925, s. 14.
2Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.
3Subs. by A.O., 1937.
4Ins. by Act No. XLVII of 2023, s.14.

Page 51 of 137

has in his or her possession, except on behalf of the 1[Federal Government] or for the private use of a
military officer, more than one quart of any spirituous liquor, other than fermented maltliquor, without
the written permission of the 2[Officer Commanding the station] or of some person authorised by the
2[Officer Commanding the station] to grant such permission, he or she shall be punishable, in the case
of a first offence, with fine which may extend to fifty 3[thousand] rupees, and, in the case of a
subsequent offence, with imprisonment for a term which may extend to three months, or with fine
which may extend to one hundred 3[thousand] rupees.
58. Arrest of persons and seizure and confiscation of things for offences against the two
last foregoing secti ons. (1) Any police officer or excise officer may, without an order from a
Magistrate and without a warrant, arrest any person whom he finds committing an offence under
section 56 or section 57, and may seize and detain any spirituous liquor or intoxicating drug in respect
of which such an offence has been committed and any vessels or coverings in which the liquor or drug
is contained.
(2) Where a person accused of an offence under section 56 has been previously convicted of
an offence under that section, an officer in charge of a police station may, with the written permission
of a 4[Magistrate of the first class], seize and detain any spirituous liquor or intoxicating drug within
the cantonment or within any limits defined under that section which, at the time of the alleged
commission of the subsequent offence, belonged to, or was in the possession of, such person.
(3) The Court convicting a person of an offence under section 56 or section 57 may order the
confiscation of the whole or any part of anything seized under sub-section (1) or sub-section(2).
(4) Subject to the provisions of Chapter XLIII of the Code of Criminal Procedure, 1898 (V of
1898), anything, seized under sub-section (1) or sub-section (2) and not confiscated under sub-section
(3) shall be restored to the person from whom it was taken.
59. Saving of articles sold or supplied for medicinal purposes. The foregoing provisions
of this Chapter shall not apply to the sale or supply of any article in good faith for medicinal purposes
by a medical practitioner, chemist or druggist authorised in this behalf by a general or special order of
the 2[Officer Commanding the station].
_______

CHAPTER V.
TAXATION.

Imposition of Taxation.
5[3[60. Power to l evy taxes, etc .__ (1) The Board may, with the previous sanction of the
administrative division, impose in a cantonment any or all the taxes, fees, tolls and charges as specified
in the Schedule VII.]
6[* * * * * * *]
(2) Any tax imposed under this section shall take effect from the date of its notification in the
6[official Gazette].]
1Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.
2Subs. by Act No. VII of 1925, s. 14.
3Ins. and subs. by Act No. XLVII of 2023, ss.15 and 16.
4Subs. by Federal Laws (Revision and Declaration) Ordinance, 1981 (Ordinance No. XXVI of 1981), s.3 and Sch. II.
5Subs. by Act XXIV of 1936, s. 23.
6Omitted and subs. by A.O., 1937.
7Subs. by A.O., 1937.

Page 52 of 137

1[61. Framing of preliminary proposals. When a resolution has been passed by the Board
proposing to impose a tax, fee, toll or any other charge under section 60, the Board shall in the manner
prescribed in section 255 publish a notice specifying―
(a) the tax, fee, toll or any other charge which it proposed to impose;
(b) the persons or classes of persons to be made liable and the descripti on of the
property or other thing or circumstance in respect of which they are to be made
liable;
(c) the method of assessment of the pro posed tax, fee, rate, rent, toll or other
charges;
(d) the incidence at which the tax, fee, rate, rent, toll or other charge is to be levied;
and
(e) the rate at which the tax, fee, toll or any other charge is to be levied.]
1[62. Objections and disposal thereof .__(1) Any inhabitant of the cantonment may, within
thirty days from the publication of the notice under section 61, submit to the Board an objection in
writing to all or any of the proposals contained therein.
(2) The Board shall take all the objections into consideration and pass orders thereon by special
resolution.
(3) The Board while passing an order under sub-section (2) may__
(a) accept all or any of the objections and modify the proposal made under section
61 accordingly; or
(b) reject the objections and maintain the original proposal made under section 61.]
1[63. Imposition of tax, fee, toll etc.__The Board, after passing an order under sub-section (2)
of section 62, may impose the tax, fee, toll or any other charge so proposed.]
64. Definition of “annual value”. For the purposes of this Chapter, “annual value” means__
(a) in the case of 1[* * * * * * *] buildings which a 2[Board] decides to assess under
this clause, one-twentieth of the sum obtained by adding the estimated present
cost of erecting the building to the estimated value of the land appertaining
thereto, and
(b) in the case of a building or land not assessed under clause (a), the gross annual
rent for which such building (exclusive of furnitu re or machinery therein) or
such land is actually let or, where the building or land is not let or in the opinion
of the 2[Board] is let for a sum less than its fair letting value, might reasonably
be expected to let from year to year:

1Subs. and omitted by Act No. XLVII of 2023, ss.17, 18,19 and 20.
2Subs. by Act No. XXIV of 1936, s. 69.

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Provided that, where the annual value of any building is , by reason of exceptional
circumstances, in the opinion of the 1[Board], excessive if calculated i n the aforesaid manner, the
1[Board] may fix the annual value at any less amount which appears to it to be just.
65. Incidence of taxation. (1) Save as otherwise expressly provided in the notification
imposing the tax, every tax 2[assessed] on the 3[annual rental value] of buildings or lands or of both
shall be leviable primarily upon the actual occupier of the property upon which the said tax is assessed,
if he is the owner of the buildings or lands or holds them on a building or other lease 1[granted by or
on behalf of the 4[Government] or] the 1[Board] or on a building lease from any person.
(2) In any other case, the tax shall be primarily leviable as follows, namely:__
(a) if the property is let, upon the lessor ;
(b) if the property is sub-let, upon the superior lessor ;
(c) if the property is unlet, upon the person in whom the right to let the same vests.
(3) On failure to recover any sum due on account of such tax from the person primarily liable,
there may be recovered from the occupier of any part of the buildings or lands in respect of which the
tax is due such portion of the sum due as bears to the whole amount due the same ratio which the rent
annually payable by such occupier bears to the aggregate amount of rent so payable in respect of the
whole of the said buildings or lands, or to the aggregate amount of the letting value thereof, if any,
stated in the authenticated assessment list.
(4) An occupier who makes any payment for which he is not primarily liable under this section
shall, in the absence of any contract to the contrary, be entitled to be reimbursed by the person primarily
liable for the payment, and, if so entitled, may deduct the amount so paid from the amount of any rent
from time to time becoming due from him to such person.
Assessment List.
66. Assessment list. When a tax 2[assessed] on the 3[annual rental value] of buildings or lands
or both is imposed, the 1[Board] shall cause an assessment list of all buildings or lands in the
cantonment, or of both, as the case may be, to be prepared in such form as the 5[Federal Government]
may by rule prescribe.
67. Publication of assessment list. When the assessment list has been prepared, the 1[Board]
shall give public notice thereof, and of the place where the list or a copy thereof may be inspected, and
every person claiming to be the owner, lessee or occupier of any property included in the list, and any
authorised agent of such person, shall be at liberty to inspect the list and to make extracts there from
free of charge.

1Subs. by Act No. XXIV of 1936, ss. 69 and 25.
2Ins. by Act No. XXVI of 1927, ss. 7 and 8.
3Subs. by Act No. XLVII of 2023, ss.21 and 22.
5Subs. by A.O., 1961, Art. 2 (with effect from the 23rd March, 1956).
6Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.

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68. Revision of assessment list. (1) The 1[Board] shall, at the same time, give public notice of
a date, not less than one month thereafter, when it will proceed to consider the valuations and
assessments entered in the assessment list, and, in all cases in which any property is for the first time
assessed 2[* * * * * * * ], it shall also give written notice thereof to the owner and to any lessee or
occupier of the property.
(2) Any objection to a valuation or assessment shall be made in writing to the 1[Board] before
the date fixed in the notice, and shall state in what respect the valuation or assessment is disputed, and
all objections so made shall be recorded in a register to be kept for the purpose by the 1[Board].
(3) The objections shall be inquired into and investigated, and the persons making them shall
be allowed an opportunity of being heard either in person or by authorised agent, by an Assessment
Committee appointed by the 1[Board].
(4) The Assessment Committee shall consist of not less than three persons, and, 1[* * *] it shall
not be necessary to appoint to the Assessment Committee any member 1[of the Board].
69. Authentication of assessment list . (1) When all objections made under section 68 have
been disposed of, and the revision of the valuation and assessment has been completed, the assessment
list shall be authenticated by the signature of the members of the Assessment Committee who shall, at
the same time, certify that they have considered all objections duly made and have amended the list so
far as is required by their decisions on such objections.
(2) The assessment list so authenticated shall be deposited in the office of the 1[Board], and
shall there be open, free of charge, during office hours to all owners, lessees and occupiers of property
comprised therein or the authorised agents of such persons, and a public notice that it is so open shall
forthwith be published.
70. Evidential value of assessment list. Subject to such alterations as may thereafter be made
in the assessment list under the provisions of this Chapter and to the result of any appeal made
thereunder, the entries in the assessment list authenticated and deposited as provided in section 69 shall
be accepted as conclusive evidence__
(i) for the purpose of assessing any tax imposed under this Act, of the annual value
or other valuation of all buildings and lands to which such entries respectively
refer, and
(ii) for the purposes of any tax imposed on buildings or lands, of the amount of each
such tax leviable thereon during the year to which such list relates.
71. Amendment of assessment list . 1[(1) The Board may amend the assessment list at any
time__
(a) by inserting or omitting the name of any person whose name ought to have been
or ought to be inserted or omitted, or

1Subs. and omitted by Act No. XXIV of 1936, ss. 69, 26 and 27.
2Omitted by Act No. XLVII of 2023, s.23.

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(b) by inserting or omitting any property which ought to have been or ought to be
inserted or omitted, or
(c) by altering the assessment on any property which has been erroneously valued
or assessed through fraud, accident or mistake, whether on the part of the Board
or of the Assessment Committee or of the assessee, or
(d) by revaluing or re-assessing any property the value of which has been increased,
or
(e) in the case of a tax payable by an occupier, by changing the name of the occupier
1[.]
1[* * * * * * *]]
2[(1A) Before making any amendment under sub-section (1) the Board shall give to any person
affected by the amendment notice of not less than one month that it proposes to make the amendment.]
(2) Any person interested in any such amendment may tender an objection to the 2[Board] in
writing before the time fixed in the notice, and shall be allowed an opportunity of being heard in
support of the same in person or by authorised agent.
72. Preparation of new assessment list. The 2[Board] shall prepare a new assessment list at
least once in every three years, and for this purpose the provisions of sections 66 to 71 shall apply in
like manner as they apply for the purpose of the preparation of an assessment list for the first time.
73. Notice of transfers. (1) Whenever the title of any person primarily liable for the payment
of a tax on the 1[annual rental value] of any building or land to or over such building or land is
transferred, the person whose title is transferred and the person to whom the same is transferred shall,
within three months after the execution of the instrument of transfer or after its registration, if it is
registered, or after the transfer is effected, if no instrument is executed, give notice of such transfer to
the Executive Officer.
(2) In the event of the death of any person primarily liable as aforesaid, the person on whom
the title of the deceased devolves shall give notice of such devolution to the Executive Officer within
six months from the death of the deceased.
(3) The notice to be given under this section shall be in such form as the Executive Officer may
direct, and the transferee or other person on whom the title devolves shall, if so required, be bound to
produce before the Executive Officer any documents evidencing the transfer or devolution.
(4) Every person whom makes a transfer a s aforesaid without giving such notice to the
Executive Officer shall continue liable for the payment of all taxes assessed on the property transferred
until he gives notice or until the transfer has been recorded in the registers of the 2[Board], but nothing
in this section shall be held to affect the liability of the transferee for the payment of the said tax.

1Subs. and omitted by Act No. XLVII of 2023, ss.24 and 25.
2Ins. by the Act No. XXIV of 1936, ss. 27 and 69.

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1[(5) The Executive Officer shall record 2[every transfer or devolution] of title notified to him
under sub-section (1) or sub-section (2) in the assessment list and other tax registers of the Board.]
74. Notice of erection of buildings. (1) If any buildin g is erected or re -erected within the
meaning of section 179, the owner shall give notice thereof to the Executive Officer within thirty days
from the date of its completion or occupation, whichever is earlier.
(2) Any person failing to give the notice req uired by sub-section (1) shall be punishable with
fine which may extend to fifty 3[thousand] rupees or 3[one time] the amount of the tax payable on the
said building, as erected or re-erected, as the case may be, in respect of a period of 3[one year] ,
whichever is greater.
Remission and Refund.
75. Demolition, etc., of buildings. If any building is wholly or partly demolished or destroyed
or otherwise deprived of value, the 1[Board] may, on the application 4[in writing] of the owner 1[or
occupier], remit or refund such portion of 5[any tax assessed on the 3[annual rental value] thereof] as
it thinks fit.
76. Remission of tax. In a cantonment 1[* * *], when any building or land has remained vacant
and unproductive of rent for 1[sixty] or more consecutive days 1[* * * ], the 1[Board] shall remit or
refund, as the case may be, such portion of 1[any tax assessed on the 3[annual rental value] thereof and
payable] as may be proportionate to the number of days during which the said building or land has
remained vacant and unproductive of rent:
6[Provided that in any cantonment which the 7[Federal Government], by notification in the
official Gazette, has declared to be a hill cantonment and in respect of which the 7[Federal
Government] by the same or a like notification has declared a portion of the year to be the season for
the cantonment, when any building or land is leased for occupation through the season only, but the
rent charged is the full annual rent, no remission or refund shall be admissible under this section in
respect of any time outside the season during which the building or land remains vacant, but in respect
of any time, not being less than sixty consecutive days during which within the season such building
or land has remained vacant and unproductive of rent, the Board shall remit or refund such portion of
any tax assessed on the 3[annual rental value] thereof as bears to the whole of the tax so assessed the
same proportion as the number of days during which the building or land has remained vacant and
unproductive of rent bears to the total length of the season.]

1Ins. subs. and omitted by Act No. XXIV of 1936, ss. 28, 29,30 and 69.
2Subs. by the Repealing and Amending Act , 1940 (Act No. XXXII of 1940), s. 3 and 2nd Sch.
3Ins. and Subs. by Act No. XLVII of 2023, ss.26 and 27.
4Ins. by Act No. VII of 1931, s. 4.
5Subs. by Act No. XXVI of 1927, s. 9.
6Added by Act No. XV of 1942, s. 7.
7Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.

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77. Power to require entry in assessment list of details of building. For the purpose of
obtaining a partial remission or refund of tax, the owner of a building composed of separate tenements
may request the 1[Board], at the time of the assessment of the building, to enter in the assessment list,
in addition to the 2[annual rental value] of the whole building, a note recording in detail the 2[annual
rental value] of each separate tenement. When any tenement, the 2[annual rental value] of which has
been thus separately recorded, has remained vacant and unproductive of rent for 1[sixty] or more
consecutive days 1[* * *], such portion of 3[any tax assessed on the 2[annual rental value] of the whole
building 1[* * *] shall be remitted or refunded as would have been remitted or refunded if the tenement
had been separately assessed.
3[77A.] Notice to be given of the circumstances in which remission or refund is claimed.
3[No remission or refund under 4[* *] section 76, or section 77] shall be made unless notice in writing
of the 4[fact that the building, land or tenement has become vacant and un-productive of rent] has been
given to the 1[Board], and no remission or refund shall take effect in respect of any period commencing
more than fifteen days before the delivery of such notice.
78. What buildings, etc., are to be deemed vacant . (1) For the purposes of sections 76 and
77 no building, tenement or land shall be deemed vacant if maintained as a pleasure re sort or town or
country house, or be deemed unproductive of rent if let to a tenant who has a continuing right of
occupation thereof, whether he is in actual occupation or not.
(2) The burden of proving all facts entitling any person to claim relief under section 75, or
section 76, or section 77, shall be upon him.
79. Notice to be given of every occupation of vacant building or house. (1) The owner of
any building, tenement or land in respect of which a remission or refund of tax has been given under
section 76 or section 77 shall give notice of the re -occupation of such building 5[tenement] or land
within fifteen days of such re-occupation.
(2) Any owner failing to give the notice required by sub -section (1) shall be punishable with
fine which shall not be less than twice the amount of the tax payable on such building, tenement or
land in respect of the period during which it has been re -occupied and which may extend to 2[five
thousand] rupees, or to ten times the amount of the said tax, whichever sum is greater.
Charge on Immoveable Property.
80. Tax on buildings and land to be a charge thereon. A tax assessed on the 2[annual rental
value] of any building of land shall, subject to the prior payment of the land-revenue, if any due to the
Government thereon be a first charge upon the building or land.

1Subs. omitted and repealed by Act No. XXIV of 1936, ss. 69 and 30.
2Subs. by Act No. XLVII of 2023, ss.27,28 and 29.
3Subs. by Act No. XXVI of 1927, s. 11.
4Repealed and subs. by Act No. VII of 1931, s. 5.
5Ins. by the Repealing and Amending Act, 1936 (Act No. XXIV of 1936), s. 2, and 1st Sch.

Page 58 of 137

Octroi, Terminal Tax and Tool.
81. Inspection of imported goods, etc. Every person bringing or receiving any goods, vehicles
or animals within the limits of any cantonment in which octroi or terminal tax or toll is leviable, shall,
when so required by an officer duly authorized by the 1[Board] in this behalf, so far as may be necessary
for ascertaining the amount of tax chargeable__
(a) permit that officer to inspect, examine or weigh such goods, vehicles or animals
; and
(b) communicate to that officer any information, and exhibit to him any bill, invoice
or document of a like nature, which such person may possess relating to such
goods, vehicles or animals.
82. Evasion of octroi or terminal tax. (1) Any person who takes or attempts to take past any
octroi station or any other place appointed within a cantonment for the collection of octroi, terminal
tax or toll any goods, vehicles or animals, on account of which octroi, terminal tax or toll is leviable
and thereby evades, or attempts to evade, the payment of such octroi, terminal tax or toll, and any
person who abets any such evasion or attempt at evasion, shall be punishable with fine which may
extend either to ten times the value of such octroi, terminal tax or toll, or to 2[five thousand] rupees,
whichever is greater and which shall not be less than twice the value of such octroi, terminal tax or
toll, as the case may be.
(2) In case of non -payment of any octroi or terminal tax or toll on demand, the officer
empowered to collect the same may seize any goods, vehicles or animals on which the octroi, terminal
tax or toll is chargeable or any part or number thereof which is of sufficient value to satisfy the demand
1[and shall give a receipt specifying the items seized].
(3) The 1[Board], after the lapse of five days from the seizure, and after the issue of a notice in
writing to the person in whose possession the goods, vehicles or animals were at the time of seizure,
fixing the time and place of sale, may cause the property so seized, or so much thereof as may be
necessary, to be sold by auction to satisfy the demand and a ny expenses occasioned by the seizure,
custody and sale thereof, unless the demand and expenses are in the meantime paid:
Provided that the Executive Officer may, in any case, order that any article of a perishable
nature which cannot be kept for five days without serious risk of damage, or which cannot be kept save
at a cost which, together with the amount of octroi, terminal tax or toll, is likely to exceed its value,
shall be sold after the lapse of such shorter time as he may, having regard to the natur e of the article,
think proper.
(4) If at any time before the sale has begun, the person whose property has been seized tenders
to the Executive Officer the amount of all expenses incurred and of the octroi, terminal tax or toll, the
Executive Officer shall release the property seized.
(5) The surplus, if any, of the sale-proceeds shall be credited to the cantonment fund, and shall,
on application made to the 1[Board] within one year after the sale, be paid to the person in whose
possession the property was at the time of seizure, and, if no such application is made, shall be the
property of the 1[Board].

1Subs. and ins. by Act No. XXIV of 1936, ss. 69 and 31.
2Subs. by Act No. XLVII of 2023, s.30.

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83. Lease of octroi, terminal tax or toll. It shall be lawful for the 1[Board], with the previous
sanction of the 2[Competent Authority], to lease the collection of any octroi, terminal tax or toll for any
period not exceeding one year; and the lessee and all persons employed by him in the ma nagement and
collection of the octroi, terminal tax or toll shall, in respect thereof,__
(a) be bound by any orders made by the 1[Board] for their guidance;
(b) have such powers exercisable by officers or servants of the 1[Board] under this Act
as the 1[Board] may confer upon them ; and
(c) be entitled to the same remedies and be subject to the same responsibilities as if
they were employed by the 1[Board] for the management and collection of the
octroi, terminal tax or toll, as the case may be:
Provided that no article distrained may be sold except under the orders of the 1[Board].
Appeals.
84. Appeals against assessment. (1) An appeal against the assessment or levy of, or against the
refusal to refund, any tax under this Act shall lie to the 3[regional director] 3[.]
3[* * * * * * *]
(2) If, on the hearing of an appeal under this section, any question as to the liability to, or the
principle of assessment of, a tax arises on which the officer hearing the appeal entertains reasonable doubt,
he may, either of his own motion or on the application of the appellant, draw up a statement of the facts of
the case and the point on which doubt is entertained, and refer the statement with his own opinion on the
point for the decision of the High Court.
(3) On a reference being made under sub-section (2), the subsequent proceedings in the case shall
be, as nearly as may be, in conformity with the rules relating to references to the High Court contained in
Order XLVI of the First Schedule to the Code of Civil Procedure, 1908 (V of 1908).
85. Costs of appeal. In every appeal the costs shall be in the discretion of the officer hearing the
appeal.
86. Recovery of costs from Board. If the 1[Board] fails to pay any costs awarded to an appellant
within ten days a fter the date of the order for payment thereof, the Officer awarding the costs may order
the person having the custody of the balance of the cantonment fund to pay the amount.
87. Conditions of right to appeal. No appeal shall be heard or determined under this Chapter
unless:__
(a) the appeal is, in the case of a tax assessed on the 3[annual rental value] of buildings
or lands or both, brought within thirty days next after the date of the authentication
of the assessment list under section 69 (exclusive of the time requisite for obtaining
a copy of the relevant entries therein), or, as the case may be, within thirty days

1Subs. by Act No. XXIV of 1936, s. 69.
2Subs. by Ordinance No. XLIV of 1979, s. 2.
3Subs. and omitted by Act No. XLVII of 2023, ss.31and 32.

Page 60 of 137

of the date on which an amendment is finally made under section 71, and, in the
case of any other tax, within thirty days next after the date of the receipt of the
notice of assessment or of altera tion of assessment or, if no notice has been
given, within thirty days next after the date of the presentation of the first bill in
respect thereof:
Provided that an appeal may be admitted after the expiration of the period
prescribed therefor by this section if the appellant satisfies the Court before whom the
appeal is preferred that he had sufficient cause for not preferring it within that period;
(b) the amount, if any, in dispute in the appeal has been deposited by the appellant
in the office of the 1[Board].
88. Finality of appellate orders. The order of an appellate authority confirming, setting aside
or modifying an order in respect of any valuation or assessment or liability to assessment or taxation
shall be final:
Provided that it shall be lawful for the appellate authority, upon applica tion or on its own
motion, to review any order passed by it in appeal if application in this behalf is made within three
months from the date of the original order.
Payment and Recovery of Taxes.
89. Time and manner of payment of taxes. Save as otherwise expressly provided under this
Act, any tax imposed under the provisions of this Act shall be payable on such dates and in such
instalments, if any, as the 1[Board] may 2[* * * * *] direct.
2[89A. Late payment surcharge.__A late payment surcharge at the rate of one per cent of the
gross payable tax shall stand imposed on the first day of every month of delay if the tax payable for
any year is not paid by the date fixed by the Board under section 89.]
2[90. Presentation of bill. __(1) When any sum becomes due for payment on account of any
tax, fee, toll, rent or other charges, the Executive Officer or any person authorized him, shall cause to
be presented to the person liable for the payment thereof a bill.
(2) Every such bill shall specify the particulars of the tax, fee, rent, toll or other charges, the
period for which the charge is made, the period within it is to be paid and the liability in case of default
of pa y me n t.]
91. Notice of demand. (1) If the amount of the tax 2[, fee, rent, toll or other charges] for which
any bill has been presented is not paid to the 1[Board] within thirty days from the presentation thereof,
the Executive Officer may cause to be served upon the person liable for the payment of the same a
notice of demand in the form set forth in Schedule I.
(2) For every notice of demand which the Executive Officer causes to be served on any person
under this section, a fee of such amount, not exceeding 2[two hundred rupees], as shall in each case be
fixed by the Executive Officer, shall be payable by the said person and shall be included in the costs
of recovery.
1Subs. by Act No. XXIV of 1936, s. 69.
2Omitted, Ins. and Subs. by Act No. XLVII of 2023, ss.33, 34,35 and 36.

Page 61 of 137

1[92. Recovery of tax, fee, toll or other charges.__(1) If the person liable for the payment of
any tax, fee, toll or other charges does not within thirty days from the service of the notice of demand
pay the amount due or does not show sufficient cause for non-payment of the same to the satisfaction
of the Executive Officer, such sum with all costs of recovery may be recovered under a warrant issued
in the form set forth in Schedule II by__
(a) distress and sale of the moveable property of the defaulter; or
(b) sealing, attachment and sale of the immovable property if the amount so
recoverable pertains to such immovable property.
Explanation.__The warrant may be addressed to any servant of the Board for execution and in
executing it he may obtai n such assistance from other servants of the Board as he may consider
necessary:
Provided that the executive officer shall not recover any sum the liability for which has been
remitted on appeal under this Chapter.
(2) Every warrant issued under this section shall be signed by the executive officer.
(3) The executive officer after due process of law may request to the State Bank of Pakistan
for attachment or seizure of the tax defaulter’s bank account through a warrant served in the manner
specified in the form set forth in Schedule-II. In case, the amount of tax default exceeds one hundred
thousand rupees, the amount of tax default shall be made good from the account of the tax defaulter or
the account shall remain seized till such time the tax defaulters clears the outstanding amount of tax.]
1[92A. Surcharge payable on taxes, fee, etc. due.__(l) If a person on whom a notice of demand
has been served under section 91 does not within a period specified in such notice pay the sum
demanded in the notice, he shall be liable to pay a surcharge in addition to the sum and other charges
due at the rate of one percent of the sum due, for each complete month from the date of expi ry of the
period as aforesaid.
(2) The amount of interest shall be recoverable in the sam e manner as moneys recoverable by
the Board under section 259:
Provided that__
(a) where no appeal has been preferred, the executive officer with the previous
sanction of the Board; and
(b) in any other case, the Director hearing the appeal under section 84, may remit
the whole or any part of the interest payable in respect of any period.]
93. Distress. (1) It shall be lawful for any servant of the 2[Board] to whom a warrant issued
under section 92 is addressed to distrain, wherever it may be found 2[in the cantonment], any moveable
property of 2[or standing timber, growing crops or grass belonging to] the person therein named as
defaulter, subject to the following conditions, exceptions and exemptions, namely:__

1Subs. and Ins. by Act No. XLVII of 2023, ss.37 and 38.
2Subs. by Act No. XXIV of 1936, s. 69.

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(a) the following property shall not be distrained :__
(i) the necessary wearing apparel and bedding of the defaulter, his wife and
children,
(ii) tools of artisans,
(iii) books of account, or
(iv) when the defaulter is an agriculturist his implements of husbandry,
seed-grain, and such cattle as may be necessary to enable the defaulter
to earn his livelihood;
(b) the distress shall not be excessive, that is to say, the property distrained shall be
as nearly as possible equal in value to the amount recoverable under the warrant,
and if any property has been distrained which, in the opinion of the Executive
Officer, should not have been distrained, it shall forthwith be returned.
(2) The person charged with the execution of a warrant of distress shall forthwith make an
inventory of the property which he seizes under such warrant, and shall, at the same time, give a written
notice in the form set forth in Schedule III to the person in possession thereof at the time of seizure
that the said property will be sold as therein mentioned.
94. Disposal of distrained property . (1) When the property seized is subject to speedy and
natural decay, or when the expense of keeping it in custody is, when added to the amount to be
recovered likely to exceed its value, the Executive Officer shall give notice to the person in whose
possession the property was at the time of seizure that it will be sold at once, and shall sell it
accordingly by public auction unless the amount mentioned in the warrant is forthwith paid.
(2) If the warrant is not in the meantime suspended by the Executive Officer, or discharged,
the property seized shall, after the expiry of the period named in the notice served under sub -section
(2) of section 93, be sold by public auction by order of the Executive Officer.
(3) The surplus of the sale-proceeds, if any, shall forthwith be credited to the cantonment fund,
and notice of such cre dit, shall be given at the same time to the person from whose possession the
property was taken, and, if the same is claimed by written application to the 1[Board] within one year
from the date of the notice, a refund thereof shall be made to such person. Any surplus not claimed
within one year as aforesaid shall be the property of the 1[Board].
(4) For every distraint made under this Chapter a fee of such amount, not exceeding one rupee,
as shall in each case be fixed by the Executive Officer shall be char ged, and the said fee shall be
included in the costs of recovery.
95. Recovery from a person about to leave cantonment . (1) If the Executive Officer has
reason to believe that any person from whom any sum is due 2[or is about to become due] on account
of any tax is about to remove from the cantonment, he may direct the immediate payment by such
person of the sum so due or ab out to become due, and cause a bill for the same to be served on such
person.

1Subs. by Act No. XXIV of 1936, s. 69.
2Ins. by the Repealing and Amending Act No. VIII of 1930, s. 2 and 1st Sch.

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(2) If, on the service of such bill, such person does not forthwith pay the sum so due or about
to become due, the amount provided in this Chapter, except that it shall not be necessary to serve upon
the defaulter any notice of demand and the warrant for distress and sale may be issued and executed
without any delay.
96. Power to institute suit for recovery. Instead of proceeding against a defaulter by distress
and sale as hereinbefore provided in this Chapter, or after a defaulter has been so proceeded against
unsuccessfully or with only partial success, any sum due or the balance of any sum due, as the case
may be, from such defaulter on account of a tax may be recovered from him by a suit in any Court of
competent jurisdiction.
Special Provisions relating to Taxation.
97. Power to prohibit or exempt from taxation. Every 1[Board] shall be deemed to be a
Municipal Committee for the purposes of the Municipal Taxation Act, 1881 (XI of 1881).
98. Power to make special provision for conservancy in certain cases. A 1[Board] may make
special provision for the cleansing of any factory, hotel, club or group of buildin gs or lands used for
any one purpose and under one management, and may fix a special rate and the dates and other
conditions for periodical payment thereof, which shall be determined by a written agreement with the
person liable for the payment of the cons ervancy or scavenging tax in respect of such factory, hotel,
club or group of buildings or lands :
Provided that, in fixing the amount, proper regard shall be had to the probable cost to the
1[Board] of the services to be rendered.
99. Exemption in the case of buildings. (1) When, in pursuance of section 98, a 1[Board] has
fixed a special rate for the cleansing of any factory, hotel, club or group of buildings or lands, such
premises shall be exempted from the payment of any conservancy or scavenging tax imposed in the
cantonment.
2[(2) The Board may exempt following buildings and lands from any tax on property other than
a tax imposed to cover the cost of specific services rendered by the Board, namely:—
(a) places set apart for public worship and either actually so used or used for no
other purpose;
(b) buildings used for educational purposes which are open to public and from
which no income is derived;
(c) public libraries, play-grounds and dharmsalas which are open to the public and
from which no income is derived;
(d) hospitals and dispensaries maintained wholly by charitable contributions;
(e) burning and burial grounds, not being the property of the Government or a
Board, which are controlled under the provisions of this Act;

1Subs. by Act No. XXIV of 1936, s. 69.
2Subs. by Act No. XLVII of 2023, s.39.

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(f) buildings or lands vested in a Board; and
(g) buildings which are the property of the Federal or Provincial Government.]
1[99A. General power of exemption. The 2[Federal Government] may, by notification in the
3[official Gazette], exempt, either wholly or in part from the payment of any tax imposed under this
Act, any person or class of persons or any property or goods or class of property or goods 4[* * *].
100. Exemption of poor persons. A 5[Board] may exempt, for a period not exceeding one year
at a time from the payment of any tax or any portion of a tax imposed under this Act, any person who
is in its opinion by reason of poverty unable to pay the same.
101. Composition. (1) A 5[Board] may, 6[* * * * * * *] allow any person to compound for any
tax.
(2) Every sum due by reason of the composition of a tax under sub -section (1) shall be
recoverable as if it were a tax.
102. Irrecoverable debts. A 5[Board] may write-off any sum due on account of any tax 5[or
rate] or of the costs of recovering any tax 5[or rate] if such sum is, in its opinion, irrecoverable :
5[Provided that, where the sum written-off in favour of any one person exceeds 6[one hundred
thousand] rupees, 6[the concurrence of Director General] shall be first obtained.]
103. Obligation to disclose liability . (1) The Executive Officer may, by written notice, call
upon any inhabitant of the cantonment to furnish such information as may be necessary for the purpose
of ascertaining__
(a) whether such inhabitant is liable to pay any tax imposed under this Act ;
(b) at what amount he should be assessed ; or
(c) the annual value of the building or land which he occupies and the name and
address of the owner or lessee thereof.
(2) If any person, when called upon under sub -section (1) to furnish information, neglects to
furnish it or furnishes information which is not true to the best of h is knowledge or belief, he shall be
punishable with fine which may extend to 6[ten thousand] rupees.
104. Immaterial error not to affect liability. No assessment and no charge or demand on
account of any tax or fee shall be impeached or affected by reason only of any mistake in the name of
any person liable to pay such tax or fee, or in the description of any property or thing, or any mistake
in the amount of the assessment charge or demand, if the directions contained in this Act and the rules
and bye-laws made thereunder have in substance and effect been complied with ; but any person who
sustains any special damage by reason of any such mistake shall be entitled to recover compensation
for the same by suit in a Court of competent jurisdiction.

1Ins. by Act No. XXXV of 1926, s.7.
2Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.
3Subs. by A.O. 1937.
4Omitted by Act No. VII of 1931, s. 6.
5Subs. and ins. by Act No. XXIV of 1936, ss. 69 and 34.
6Omitted and Subs. by Act No. XLVII of 2023, ss.40, 41 and 42.

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105. Distraint not to be invalid by reason of immaterial defect. No distress levied under
this Chapter shall be deemed unlawful, nor shall any person making the same be deemed a
trespasser, on account only of any defect of form in the notice of demand, warrant of distress or other
proceeding relating thereto ; nor shall any such person be deemed a trespasser ab initio on account of
any irregularity afterwards committed by him ; but any person who sustains any special damage by
reason of any such irregularity shall be entitled to recover compensation for the same by suit in a
Court of competent jurisdiction.
CHAPTER VI.
CANTONMENT FUND AND PROPERTY.

Cantonment Fund.

106. Cantonment fund. There shall be formed for every cantonment a cantonment fund, and
there shall be placed to the credit thereof the following sums, namely:__
(a) the balance, if any, of the cantonment fund formed for the cantonment under the
Cantonments Act, 1910, (XV of 1910);
(b) all sums received by or on behalf of the 1[Board], 2[*]
2[* * * * * * *]
107. Custody of cantonment fund. (1) Where in or near a cantonment there is a Government
treasury or sub‑treasury, or a branch of the 3[State Bank of Pakistan], the cantonment fund shall be
kept in such treasury, sub‑treasury or bank, as the case may be.
(2) Where there is no such treasur y, sub‑treasury or bank, the cantonment fund may be
deposited with any bank to which the Government treasury business has been entrusted, and, in the
absence of such a bank with any banker or person acting as a banker who has given such security for
the safe custody of the fund and the payment on demand of the funds so deposited as the 4[Federal
Government] may in each case direct.
5[(3) A 1[Board] may, from time to time, with the previous sanction of the 6[Competent
Authority], invest any portion of its cantonment fund in securities of the 4[Federal Government] or in
such other securities, including fixed deposits in banks, as the 4[Federal Government] may approve in
this behalf, and may dispose of such investments or vary them for others of a like nature.]
(4) The income resulting from any fixed deposit or from any such security as is referred to in
sub‑section (3) or from the proceeds of the sale of any such security shall be credited to the cantonment
fund.

1Subs. by Act No. XXIV of 1936, s. 69.
2Repealed by A.O., 1937.
3Subs. by the Central Laws (Statue Reform) Ordinance, 1960 (Ordinance No. XXI of 1960, s. 3 and 2nd Sch. (with effect from the 14th October, 1955).
4Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.
5Subs. by Act No. XXXVI of 1927, s. 12.
6Subs. by Ordinance No. XLIV of 1979, s. 2.

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Property.
108. Property. Subject to any special reservation made by the 1[Federal Government] 2[* * *],
all property of the nature hereinafter in this section specified which has been acquired or provided or
is maintained by a 3[Board] shall vest in and belong to that 3[Board], and shall be under its direction,
management and control, that is to say,__
(a) all markets, slaughter‑houses, manure and nightsoil depots, and buildings of
every description ;
(b) all water‑works for the supply, storage or distribution of water for public
purposes and all bridges, buildings, engines, materials, and things connected
therewith or appertaining thereto ;
(c) all sewers, drains, culverts and water‑courses, and all works, materials and
things appertaining thereto ;
(d) all dust, dirt, dung, ashes, refuse, animal matter, filth and rubbish of every kind,
and dead bodies of a nimals collected by the 3[Board] from the streets, houses,
privies, sewers, cesspools or elsewhere, or deposited in places appointed by the
3[Board] for such purpose;
(e) all lamps and lamp‑posts and apparatus connected therewith or appertaining
thereto ;
(f) all land or other property transferred to the 3[Board] 2[by the 1[Federal] or a
Provincial Government] or by gift, purchase or otherwise for local public
purposes ; and
(g) all streets and the pavements, stones and other materials thereof, and also all
trees, erections, materials, implements, and things existing on or appertaining
to streets.
109. Application of cantonment fund and property. The cantonment fund and all property
vested in a 3[Board] shall be applied for the purposes, whether express or implied, for which, by or
under this Act or any other law for the time being in force, powers are conferred or duties or obligations
are imposed upon the 3[Board]:
Provided that the 3[Board] shall not incur any expenditure for acquiring or renting land beyond
the limits of the cantonment or for constructing any work beyond such limits except__
(a) with the sanction of the 1[Federal Government], and
(b) on such terms and conditions as the 1[Federal Government] may impose:
Provided, further, that priority shall be given in the order hereinafter set forth to the following
liabilities and obligations of a 3[Board], that is to say,__

1Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.
2Omitted and subs. by A.O., 1937.
3Subs. by Act No. XXIV of 1936, s. 69.

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(a) to the liabilities and obligations arising from a trust legally imposed upon or
accepted by the 1[Board] ;
(b) to the repayment of, and the payment of interest on, any loan incurred under the
provisions of the Local Authorities Loans Act, 1914 (IX of 1914) ;
(c) to the payment of establishment charges ;
(d) to the payment of such expenses on account of pauper lunatics sent from the
cantonment to public lunatic asylums and men tal hospitals as the 2[Federal
Government] directs the 1[Board] to pay; and
(e) to the payment of any sum the payment of which is expressly required by the
provisions of this Act or any rule or bye‑law made thereunder.
110. Acquisition of immovable propert y. When there is any hindrance to the permanent or
temporary acquisition upon payment of any land required by a 1[Board] for the purposes of this Act,
the 2[Federal Government] may, at the request of the 1[Board], 3[procure the acquisition thereof] under
the provisions of the Land Acquisition Act, 1894 ( of 1894) and, on payment by the 1[Board] of the
compensation awarded under that Act and of the charges incurred by the Government in connection
with the proceedings, the land shall vest in the 1[Board].
111. Power to make rules regarding cantonment fund and property. The 2[Federal
Government] may make rules consistent with this Act to provide for all or any of the following matters,
namely .__
(a) the conditions on wh ich property may be acquired by 1[Boards] or on which
property vested in a 1[Board] may be transferred by sale, mortgage, lease,
exchange or otherwise ; and
(b) any other matter relating to the cantonment fund or cantonment property in
respect of which no provision or insufficient provision is made by or under this
Act, and provision is, in the opinion of the 2[Federal Government], necessary.

CHAPTER VII.
CONTRACTS.

112. Contracts by whom to be executed. Subject to the provisions of this Chapter, every
1[Board] shall be competent to enter into and perform any contract necessary for the purposes of this
Act.
113. Sanction. (1) Every contract__
(a) for which budget provision does not exist, or
(b) which involves a value or amount exceeding one hundred rupees,
shall require the sanction of the 1[Board].

1Subs. by Act No. XXIV of 1936, s. 69.
2Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.
3Subs. by A.O., 1937.

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(2) Every contract other than a contract such as is referred to in sub‑section (1) shall be
sanctioned by the 1[Board] or by the Executive Officer on behalf of the 1[Board].
114. Execution of contracts. (1) Every contract made by or on behalf of a 1[Board], the value
or amount of which exceeds fifty rupees, shall be in writing, and every such contract shall, 1[* * *], be
signed by two members, of whom the President or the VicePresident shall be one, and be
countersigned by the Executive Officer and be sealed with the common seal of the Board, 1[* * *]:
Provided that, 1[* * * ], the Executive Officer may in a case of urgency, with the previous
sanction of the President of the Board, execute on behalf of the Board any contract the value or amount
of which does not exceed two hundred rupees.
(2) Where an Executive Officer executes a contract on behalf of a Board under sub‑section (1),
he shall submit a report of his action and of the reasons therefor to the Board at its next meeting.

115. Contracts improperly executed not to be binding on a Board. If any contract is
executed by or on behalf of a 1[Board] otherwise than in conformity with the provisions of this Chapter,
it shall not be binding on the 1[Board].
_____

CHAPTER VIII.
DUTIES AND DISCRETIONARY FUNCTIONS OF 1[BOARDS].
116. 2[Functions] of Board. 2[Subject to any fee or charge payable under this Act, it] shall be
the duty of every 1[Board], so far as the funds at its disposal permit, to make reasonable provision
within the cantonment for__
(a) lighting streets and other public places ;
(b) watering streets and other public places ;
(c) cleansing streets, public places and drains, aba ting nuisances and removing
noxious vegetation ;
(d) regulating offensive, dangerous or obnoxious trades, callings and practices ;
(e) removing, on the ground of public safety, health or convenience, undesirable
obstructions and projections in streets and other public places ;
(f) securing or removing dangerous buildings and places ;
(g) acquiring, maintaining, changing and regulating places for the disposal of the
dead ;
(h) constructing, altering and maintaining streets, culverts, markets,
slaughter‑houses, latrines, privies, urinals, drains, drainage works and sewerage
works ;

1Subs. omitted and ins. by Act No. XXIV of 1936, ss. 69 and 36.
5Subs. by Act No. XLVII of 2023, s.43.

Page 69 of 137

(i) planting and maintaining trees on roadsides and other public places ;
(j) providing or arranging for a sufficient supply of pure and wholesome water,
where such supply does not exist, guarding from pollution water used for human
consumption, and preventing polluted water from being so used ;
(k) registering births and deaths ;
(l) establishing and maintaining a system of public vaccination ;
(m) establishing and maintaining or supporting public hospitals and dispensaries,
and providing public medical relief ;
(n) establishing and maintaining 1[or assisting] primary schools ;
(o) rendering assistance in extinguishing fires, and protecting life and property
when fires occur;
(p) maintaining and developing the value of property vested in, or entrusted to the
management of, the 1[Board] ; 2[*]
(q) fulfilling any other obligation imposed upon it by or under this Act or any other
law for the time being in force 2[;]
2[(r) exercise control over land-use and connected matters in the manner as may be
prescribed;
(s) enforce building control as may be prescribed;
(t) regulate in the prescribed manner different schemes and matters connected
thereto;
(u) lease and rent out properties vested in, managed or maintained by the Board in
the prescribed manner;
(v) undertake in the prescribed manner landscape, parks, monuments and municipal
ornamentation;
(w) approve in the prescribed manner such taxes and fees etc. as set out in Schedule
VII;
(x) collect in the prescribed manner approved taxes, fees, rates, rents, tolls, charges,
fines and penalties; and
(y) any other matter for carrying out the purposes of this Act.]

1Ins. and subs. by Act No. XXIV of 1936, ss. 37 and 69.
2Omitted, Subs. and added by Act No. XLVII of 2023, s.43.

Page 70 of 137

1[116A. Power to manage property. A 2[Board] may, subject to any conditions imposed by
the 3[Federal Government], manage any property entrusted to its management by the 3[Federal
Government] on such terms as to the sharing of rents and profits accruing from such property as may
be determined by rule made under section 280.].
4[117. Discretionary functions of Board.__ (1)] A 2[Board] may, within the cantonment, make
provision for__
(a) laying out in areas, whether previously built upon or not, new streets, and
acquiring land for that purpose and for the construction of buildings, and
compounds of buildings, to abut on such streets ;
(b) constructing, establishing or maintaining public parks, gardens, offices, dairies,
bathing or washing places, drinking fountains, tanks, wells and other works of
public utility ;
(c) reclaiming unhealthy localities ;
(d) furthering educational objects by measures other than the establishment and
maintenance of primary schools ;
(e) taking a census and granting rewards for information which may tend to secure
the correct registration of vital statistics ;
(f) making a survey ;
(g) giving relief on the occurrence of local epidemics by the establishm ent or
maintenance of relief works or otherwise ;
(h) securing or assisting to secure suitable places for the carrying on of any
offensive, dangerous or obnoxious trade, calling or occupation ;
(i) establishing and maintaining a farm or other place for the disposal of sewage ;
(j) constructing, subsidising or guaranteeing tramways or other means of
locomotion, and electric lighting or electric power works ; 4[or]
(k) adopting any measure, other than a measure specified in section 116 or in the
foregoing pro visions of this section, likely to promote the safety, health or
convenience of the inhabitants of the cantonment ; 4[*]
4[* * * * * * *]

1Ins. by Act No. VII of 1925, s. 6.
2Subs. by Act No. XXIV of 1936, s. 69.
3Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.
4Renumbered, added and omitted by Act No. XV of 1942, s. 9.

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1[(2) A Board may, either within or outside the cantonment make provision for the doing of
anything on which expenditure is declared by the 2[Federal Government], or by the Board with the
sanction of the 2[Federal Government], to be an appropriate charge on the cantonment fund.]

3[117A. Power of expenditure for educational purposes outside the cantonment. A
4[Board] may make provision for educational objects outside the cantonment if it is satisfied that the
interests of the residents of the cantonment will be served thereby.]

________

CHAPTER IX.
PUBLIC SAFETY AND SUPPRESSION OF NUISANCES.

General Nuisances.
118. Penalty for causing nuisances. (1) Whoever__
(a) in any street or other public place within a cantonment,__
(i) is drunk and disorderly or drunk and incapable of taking care of himself
; or
(ii) uses any threatening, abusive or insulting words, or behaves in a
threatening or insulting manner with intent to provoke a breach of the
peace, or whereby a breach of the peace is likely to be occasioned ; or
(iii) eases himself, or wilfully or indecently exposes his person ; or
(iv) loiters, or begs importunately, for alms ; or
(v) exposes or exhibits, with the object of exciting charity, any deformity or
disease or any offensive sore or wound ; or
(vi) carries meat exposed to public view ; or
(vii) is found gaming ; or
(viii) pickets animals, or collects carts ; or
(ix) being engaged in the removal of night‑soil or other offensive matter or
rubbish, wilfully or negligently permits any portion thereof to spill or
fall, or neglects to sweep away or otherwise effectually to remove any
portion thereof which may spill or fall in such street or place ; or
(x) without proper authority affixes upon any building, monument, post,
wall, fence, tree or other thing, any bill, notice or other document ; or
(xi) without proper authority defaces or writes upon or otherwise marks any
building, monument, post, wall, fence, tree or other thing ; or

1Added by Act No. XV of 1942, s.9.
2Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.
3Ins. by Act No. XXXV of 1926, s. 8.
4Subs. by Act No. XXIV of 1936, s. 69.

Page 72 of 137

(xii) without proper authority removes, destroys, defaces or otherwise
obliterates any notice or other document put up or exhibited under this
Act ; or
(xiii) without proper authority displaces, damages, or makes any alteration in,
or otherwise interferes with, the pavement, gutter, storm water‑drain,
flags or other materials of any such str eet, or any lamp, bracket,
direction‑post, hydrant or water-pipe maintained by the 1[Board] in any
such street or public place, or extinguishes a public light ; or
(xiv) carries any corpse not decently covered or without taking due
precautions to prevent risk of infection or injury to the public health or
annoyance to passers by or to persons dwelling in the neighbourhood;
or
(xv) carries night‑soil or other offensive matter or rubbish at any hour
prohibited by the 1[Board] by public notice, or in any pattern of cart or
receptacle which has not been approved for the purpose by the 1[Board],
or fails to close such cart or receptacle when in use; or
(b) carries night‑soil or other offensive matter or rubbish along any r oute in
contravention of any prohibition made in this behalf by the 1[Board] by public
notice ; or
(c) deposits, or causes or permits to be deposited, earth or materials of any
description, or any offensive matter or rubbish, in any place not intended for the
purpose in any street or other public place or waste or unoccupied land under
the management of the 1[Board] ; or
(d) having charge of a corpse fails to bury, burn or otherwise lawfully dispose of
the same within twentyfour hours after death ; or
(e) makes any grave or buries or burns any corpse in any place not set apart for such
purpose ; or
(f) keeps or uses, or knowingly permits to be kept or used, any place as a common
gaming house, or assists in conducting the business of any common gaming
house ; or
(g) at any time or place at which the same has been prohibited by the 1[Board] by
public or special notice, beats a drum or tom‑tom, or blows a horn or trumpet,
or beats any utensil, or sounds any brass or other instrument, or plays any music
; or
(h) disturbs the public peace or order by singing, screaming or shouting ; or
(i) lets loose any animal so as to cause, or negligently allows any animal to cause,
injury, danger, alarm or annoyance to any person ; or

1Subs. by Act No. XXIV of 1936, s. 69.

Page 73 of 137

(j) being the occupier of any building or land in or upon which an animal dies,
neglects within three hours of the death of the animal, or, if the death occurs at
night, within three hours after sunrise, either__

(i) to report the occurrence to the Executive Officer or to an officer, if any,
appointed by him in this behalf with a view to securing the removal and
disposal of the carcase by the public conservancy establishment ; or
(ii) to remove and dispose of the carcase in accordance with any general
directions given by the 1[Board] by public notice or any special
directions given by the Executive Officer on receipt of such report as
aforesaid ; or
(k) save with the written permission of the 1[Board] and in such manner as i t may
authorise, stores or use night‑soil, manure, rubbish or any other substance
emitting an offensive smell ; or
(l) uses or permits to be used as a latrine any place not intended for that purpose ;
shall be punishable with fine which may extend to 2[five thousand] rupees.
(2) Whoever does not take reasonable means to prevent any child under the age of twelve years
being in his charge from easing himself in any street or other public place within the cantonment shall
be punishable with fine which may extend to 2[five thousand] rupees.
(3) The owner or keeper of any animal found picketed or straying without a keeper in a street
or other public place in a cantonment shall be punishable with fine which may extend to 2[five
thousand] rupees.
(4) Any animal found picketed as aforesaid may be removed by any officer or servant of the
1[Board] or by any police officer to a pound as if the animal had been found straying.
Dogs.
119. Registration and control of dogs. (1) A 1[Board] may make bye‑laws to provide for the
registration of all dogs kept within the cantonment.
(2) Such bye‑laws shall__
(a) require the registration, by the Officer Commanding each military unit, of all
dogs kept in the lines occupied by that unit ;
(b) require that every registered dog shall wear a collar to which shall be attached
a metal token to be issued by the registration authority, and fix the fee payable
for the issue thereof ;
(c) require that any dog which has not been registered or which is not wearing such
token shall, if found in any public place, be detained at a place set apart for the
purpose ; and

1Subs. by Act No. XXIV of 1936, s. 69.
2Subs. by Act No. XLVII of 2023, s.44.

Page 74 of 137

(d) fix the fee which shall be charged for such detention and provide that any such
dog shall be liable to be destroyed or otherwise disposed of unless it is claimed
and the fee in respect thereof is paid within one week ;
and may provide for such other matters as the 1[Board] thinks fit.
(3) A 1[Board] may__
(a) cause to be destroyed, or to be confined for such period as 2[it] may direct, any
dog or other animal which is, or is reasonably suspected to be , suffering from
rabies, or which has been bitten by any dog or other animal suffering or
suspected to be suffering from rabies ;
(b) by public notice direct that, after such date as may be specified in the notice,
dogs which are without collars or without marks distinguishing them as private
property and are found straying on the streets or beyond the enclosures of the
houses of their owners, if any, may be destroyed, and cause them to be destroyed
accordingly.
(4) No damages shall be payable in respect of any dog or other animal destroyed or otherwise
disposed of under this section.
(5) Whoever being the owner or p erson in charge of any dog, neglects to restrain it so that it
shall not be at large in any street without being muzzled and without being secured by a chain lead in
any case in which__
(a) he knows that the dog is likely to annoy or intimidate any person, or
(b) the 1[Board] has, by public notice during the prevalence of rabies, directed that
dogs shall not be at large without muzzles and chain leads,
shall be punishable with fine which may extend to 3[five thousand] rupees.
(6) Whoever in a cantonment__
(a) allows any ferocious dog which belongs to him or is in his charge to be at large
without being muzzled, or
(b) sets on or urges any dog or other animal to attack, worry or intimidate any
person, or
(c) knowing or having reason to believe that any dog or animal belonging to him or
in his charge has been bitten by an animal suffering or reasonably suspected to
be suffering from rabies, neglects to give immediate information of the fact to
the Executive Officer or gives information which is false,
shall be punishable with fine which may extend to two hundred rupees.

1Subs. by Act No. XXIV of 1936, s. 69.
2Subs. by the Repealing and Amending Act No. XXXIV of 1939, s. 2, and 1st Sch.
3Subs. by Act No. XLVII of 2023, s.45.

Page 75 of 137

Traffic.
120. Rule of the road. Whoever in driving, leading or propelling a vehicle along a street fails,
except in a case of actual necessity, __
(a) to keep to the left when passing a vehicle coming from the opposite direction,
or
(b) to keep to the right when passing a vehicle going in the same direction as
himself,
shall be punishable with fine which may extend to 1[five thousand] rupees.
Prevention of fire, etc.
121. Use of inflammable materials for building purposes . (1) A 2[Board] may, by public
notice, direct that within such limits in the cantonment as may be specified in the notice, the roofs and
external walls of huts or other buildings shall not, without the permission in writing of the 2[Board],
be made or renewed of grass, m ats, leaves or other inflammable materials, and may, by notice in
writing, require any person who has disobeyed any such direction as aforesaid to remove or alter the
roofs or walls so made or renewed.
(2) A 2[Board] may, by notice in writing, require the owner of any building in the cantonment
which has an external roof or wall made of any such material as aforesaid to remove such roof or wall
within such time as may be specified in the notice, notwithstanding that a public notice under
sub‑section (1) has not been issued or that such roof or wall was made with the consent of the 2[Board]
or before the issue of such public notice:
Provided that, in the case of any such roof or wall in existence before the issue of such a public
notice or made with the conse nt of the 2[Board], that Authority shall make compensation, not
exceeding the original cost of constructing the roof or wall, for any damage caused by the removal.
122. Stacking or collecting inflammable materials. A 2[Board] may, by public notice,
prohibit in any case where such prohibition appears to it to be necessary for the prevention of danger
to life or property, the stacking or collecting of wood, dry grass, straw or other inflammable materials,
or the placing of mats or thatched huts or the lighting of fires in any place in the cantonment, or within
any limits therein, which may be specified in the notice.
123. Care of naked lights. No person shall set a naked light on or near any building in any
street or other public place in a cantonment in such manner as to cause danger of fire:
Provided that nothing in this section shall be deemed to prohibit the use, subject to the
permission in writing of the 2[Board], of lights for purposes of illumination on the occasion of a festival
or public or private entertainment.

1Subs. by Act No. XLVII of 2023, s.46.
2Subs. by Act No. XXIV of 1936, s. 69.

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124. Regulation of cinematographic and dramatic performances. (1) Notwithstanding
anything contained in the 1[Motion Picture s Ordinance, 1979 (XLIII of 1979)], no exhibition of
pictures or other optical effects by means of a cinematograph or other like apparatus for the purpose
of which inflammable films are used, and no public dramatic performance or pantomime, shall be
given i n any cantonment elsewhere than in premises for which a licence has been granted by the
2[Board] under this section.
(2) If the owner of a cinematograph or other apparatus uses the apparatus or allows it to be
used, or if any person takes any part in any p ublic dramatic performance or pantomime, in
contravention of the provisions of this section, or if the occupier of any premises allows them to be
used in contravention of the provisions of this section or of any condition of any licence granted under
this section, he shall be punishable with fine which may extend to 3[ten thousand] rupees, and, in the
case of a continuing offence, with an additional fine which may extend to 3[two thousand] rupees for
each day after the first during which the offence continu es 3[and if it continues more than seven days
then his cinematograph or other apparatus shall be liable to sealing].
(3) Nothing in this section shall be deemed to prohibit the giving of any exhibition or any
dramatic performance or pantomime in any theatr e or institute which is the property of 4[the
Government] where the exhibition, performance or pantomime is held with the permission and under
the control of the military authorities.
125. Discharging fireworks, firearms, etc. Whoever in a cantonment discharges any fire‑arm
or lets off fireworks or fire‑balloons, or engages in any game in such manner as to cause or to be likely
to cause danger to persons passing by or dwelling or working in the neighbourhood or risk of injury to
property shall be liable to fine which may extend to 3[ten thousand] rupees.
126. Power to require buildings, wells, etc., to be rendered safe. Where in a cantonment any
building, or wall, or any thing affixed thereto, or any well, tank, reservoir, pool, depression, or
excavation, or any bank or tree, is, in the opinion of the 2[Board] 5[in a ruinous state or], for want of
sufficient repairs, protection or enclosure 5[a nuisance or], dangerous to persons passing by or dwelling
or working in the neighbourhood the 2[Board] 6[by notice in writing may], require the owner 2[or
part‑owner or person claiming to be the owner or part‑owner thereof, or, failing any of them, the
occupier] 6[thereof to remove the same, or may require him to repair], 2[or to protect or to enclose] the
same in such manner as it thinks necessary ; and, if the danger is, in the opinion of the 2[Board],
imminent, it shall forthwith take such steps as it thinks necessary to avert the same.
127. Enclosure of waste land used for improper purposes. A 2[Board] may, by notice in
writing, require the owner or part‑owner, or person claiming to be the owner or part‑owner, of any
building or land in the cantonment, or the lessee or the person claiming to be the lessee of any such
land, which, by reason of disuse or disputed ownership or other cause, has remained unoccupied and
has become the resort of idle and disorderly persons or of persons who have no ostensible means of
subsistence or canno t give a satisfactory account of themselves, or is used for gaming or immoral
purposes, or otherwise occasions or is likely to occasion a nuisance, to secure and enclose the same
within such time as may be specified in the notice.

1Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (Ordinance No. XXVIII of 1981), s. 3, and Sch. II.
2Subs. and ins.by Act No. XXIV of 1936, ss. 69 and 38.
3Subs. and Ins. by Act No. XLVII of 2023, ss.47and 48.
4Subs. by A.O., 1961, Art. 2 (with effect from the 23rd March, 1956).
5Ins. by Act No. VII of 1925, s.7.
6Subs. by Act No. VIII of 1944, s. 6.

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CHAPTER X.
SANITATION AND THE PREVENTION AND TREATMENT OF DISEASE.

Sanitary Authorities.
128. Responsibility for sanitation. The following officers shall, for the purposes of sanitation,
have control over, and be responsible for maintaining in a sanitary condition, those parts of a
cantonment, respectively, which are specified in the case of each, that is to say :__
(a) the 1[Officer Commanding the station] __all buildings and lands which are
occupied or used for military purposes ;
(b) the Officer Commanding the air forces in the cantonment __ all buildings and
lands which are occupied or used for air-force purposes;
(c) the head of any civil department or railway administration occupying as such
any part of the cantonment__ all buildings and lands in his charge as head of that
department or administration.
129. General duties of Health Officer. (1) The Health Officer shall exercise a general sanitary
supervision over the whole cantonment, and shall submit monthly to the 2[Board] a report as to the
sanitary condition of the cantonment, together with such recommendations in connection therewith as
he thinks fit.
(2) The Assistant Health Officer shall perform such duties in connection with the sanitation of
the cantonment as are, subject to the control of the 2[Board], allotted to him by the Health Officer.
Conservancy and Sanitation.
130. Public latrines, urinals, and conservancy establishments. All public latrines and urinals
provided or maintained by a 2[Board] shall be so constructed as to provide separate compartments for
each sex and not to be a nuisance, and shall be provided with all necessary conservancy establishments,
and shall regularly be cleansed and kept in proper order.
131. Power of Board to undertake private conservancy arrangements. (1) on the
application or with the consent of the occupier of any building or land, or, where the occupier of any
building or land fails to make arrangements to the satisfaction of the 2[Board] for the matters referred
to in this section, without such consent, and after giving notice in writing to the occupier, a 2[Board]
may undertake the house scavenging of any building or land in the cantonment for such period as it
thinks fit on such terms as it may prescribe in this behalf.
(2) Where the 2[Board] has undertaken the duties referred to in this section, all matter removed
in the performance of such duties shall be the property of 3[that Board].
(3) For the purposes of this section, “house scavenging” means the removal of filth or rubbish
or other offensive matter from a privy, latrine, urinal, drain, cesspool, or other common receptacle for
such matter.

1Subs. by Act NO. VII of 1925, s. 14.
2Subs. by Act NO. XXIV of 1936, s. 69.
3Subs. by the Repealing and Amending Act, 1939 Act NO. XXXIV of 1939), s. 2 and 1st Sch.

Page 78 of 137

132. Deposit and disposal of rubbish, etc . (1) Every 1[Board] shall provide or appoint, in
proper and convenient situations, public receptacles, depots or places for the temporary deposit or
disposal of household rubbish, offensive matter, carcases of dead animals and sewage.
(2) The 1[Board] may, by public notice, issue directions as to the time at which, the manner in
which, and the conditions subject to which, any matter referred to in sub‑section (1) may be removed
along a street or may be deposited or otherwise disposed of.
(3) All matter deposited in receptacles, depots or places provided or appointed under this
section shall be the property of the 1[Board].
133. Cess-pools, receptacles for filth, etc. The Executive Officer of any cantonment may, by
notice in writing,__
(a) require any person having the control whether as owner, lessee or occupier of
any land or building in the cantonment__
(i) to close any cesspool appertaining to the land or building which is, in
the opinion of the Executive Officer, a nuisance, or
(ii) to keep in a clean condition, in such manner as may be prescribed by the
notice, any receptacle for filth or sewage accumulating on the land or in
the building, or
(iii) to prevent the water of any private latrine, ur inal, sink or bath‑room, or
any other offensive matter, from soaking, draining or flowing, or being
put, from the land or building upon any street or other public place, or
into any watercourse or into any drain not intended for the purpose, or
(iv) to collect and deposit for removal by the conservancy establishment of
the 1[Board], within such time and in such receptacle or place, situate at
not more than one hundred feet from the nearest boundary of the
premises, as may be specified in the notice, any offensive matter or
rubbish which such person has allowed to accumulate or remain under,
in or on such building or land ; or
(b) require any person to desist from making or altering any drain leading into a
public drain ; or
(c) require any person having t he control of a drain in the cantonment to cleanse,
purify, repair or alter the same, or otherwise put it in good order, within such
time as may be specified in the notice.
134. Filling up of tank, etc. (1) Where any well, tank, cistern, reservoir, recept acle, or other
place in the cantonment where water is stored or accumulates, whether within any private enclosure or
not, is in such a condition as to create a nuisance or, in the opinion of the Health Officer, or the Assistant
Health Officer, is or is lik ely to be a breeding place for mosquitoes, the 1[Board] may, by notice in
writing, require the owner, lessee or occupier thereof, within such period as may be specified in the
notice, to fill up or cover the well, cistern, reservoir or receptacle, or to fill up the tank, or to drain off
or remove the water, as the case may be.

1Subs. by Act NO. XXIV of 1936, s. 69.

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(2) The 1[Board] may, if it thinks fit, with the previous sanction of the 2[Competent Authority] meet
the whole or any portion of the expenses incurred in complying with a requisition under sub‑section (1).
135. Provision of latrines, etc. A 1[Board] may, by notice in writing, require the owner or lessee
of any building or land in the cantonment to provide, in such manner as may be specified in the notice, any
latrine, urinal, cesspool, dust‑bin or other receptacle for filth, sewage, or rubbish, or any additional latrine,
urinal, cesspool or other receptacle as aforesaid, which should, in its opinion, be provided for the building
or land.
136. Sanitation in factories, etc. Every person employing, whether on behalf of the Government
or otherwise, more than ten workmen or labourers, and every person managing or having control of a
market, school, theatre or other place of public resort, in a cantonment shall give notice of the fact to the
1[Board], and shall provide such latrine, and urinals, and shall employ such number of sweepers, as the
1[Board] thinks fit, and shall cause the urinals to be kept clean and in proper order:
Provided that nothing in this section shall apply in the case of a factory to which the 3[Factories
Act, 1934 (XXV of 1934)].
137. Private latrines. A 1[Board] may, by notice in writing,__
(a) require the owner or other person having of any private latrine or urinal in the
cantonment not to put the same to public use ; or
(b) where any plan for the construction of private latrines or urinals has been approved
by the 1[Board], and copies thereof may be obtained free of charge on application,__
(i) require any person repairing or constructing any private latrine or urinal not
to allow the same to be used until it has been inspected by or under the
direction of the Health Officer and approved by him as conforming with
such plan ; or
(ii) require any person having control of any private latrine or urinal to re‑build
or alter the same in accordance with such plan ; or
(c) require the owner or other person having the control of any such private latrine or
urinal which, in the opinion of the 1[Board], constitutes a nuisance, to remove the
latrine or urinal ; or
(d) require any person having the control whether as owner, lessee or occupier of any
land or building in the cantonment__
(i) to have any latrines provided for the same shut out by a sufficient roof and
wall or fence from the view of persons passing by or dwelling in the
neighbourhood, or
(ii) to cleanse in such manner as the 1[Board] may specify in the notice any
latrine or urinal belonging to the land or building ;

1Subs. by Act No. XXIV of 1936, s. 69.
2Subs. by Ordinance No. XLIV of 1979, s. 2.
3Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981(Ordinance No. XXVII of 1981), s.3 and Sch. II.

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(e) require any person being the owner and having the control of any drain in the
cantonment to provide, within ten days from the service of the notice, such
covering as may be specified in the notice.
138. Removal of congested buildings. (1) Where it appears to a 1[Board] that any block of
buildings in the cantonment is in an unhealthy condition by reason of the manner in which the buildings
are crowded together, or of the narrowness or closeness of the street, or of the want of proper drainage
or ventilation, or of the impracticability of cleansing the buildings or other similar cause, it may cause
the block to be inspected by a committee consisting of__
(a) the Health Officer,
(b) the Civil Surgeon of the district, or, if his services are not available, some other
medical officer 2[in the service of the State],
(c) the Executive Engineer or a person deputed by the Executive Engineer in this
behalf, and
2[(d) where the cantonment is a Class I or Class II cantonment, two non‑official
members of the Board, or where the cantonment is a Class III cantonment, one
non‑official member of the Board.]
(2) The committee shall make a report in writing to the 1[Board] regarding the sanitary
condition of the block, and if it considers that the condition thereof is likely to cause risk of disease to
the inhabitants of the building or of the neighbourho od or otherwise to endanger the public health, it
shall clearly indicate on a plan verified by the Executive Engineer or the person deputed by him to
serve on the committee, the buildings which should in its opinion wholly or in part be removed in
order to abate the unhealthy condition of the block.
(3) If, upon receipt of such report, the 1[Board] is of opinion that all or any buildings indicated
should be removed, it may, by notice in writing, require the owners thereof to remove them:
Provided that the 1[Board] shall make compensation to the owners for any buildings so removed
which may have been erected under proper authority:
Provided, further, that the 1[Board] may, if it considers it equitable in the circumstances so to
do, pay to the owners such sum as it thinks fit as compensation for any buildings so removed which
have not been erected under proper authority.
(4) For the purposes of this section “buildings” includes enclosure walls and fences
appertaining to buildings.
139. Overcrowding of dwelling houses. (1) Where it appears to a 1[Board] that any building
or part of a building in the cantonment which is used as a dwelling house is so overcrowded as to
endanger the health of the inmates thereof, it may, after such inquiry as it thinks fit, by notice in writing
require the owner or occupier of the building or part thereof, as the case may be, within such time not
being less than one month as may be specified in the notice, to abate the overcrowding of the same by

1Subs. by Act No. XXIV of 1936, ss. 69 and 39.
2Subs. by A.O., 1961, Art. 2 and Sch. (with effect from the 23rd March, 1956).

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reducing the number of lodgers, tenants, or other inmates to such number as may be specified in the
notice.
(2) Any person who fails, without reasonable cause, to comply with a requisition made upon
him under sub‑section (1) shall be punishable with fine which may extend to 1[five hundred] rupees,
and, in the case of a continuing offence, to an additional fine w hich may extend to 1[one hundred]
rupees for every day after the first during which the failure has continued.
140. Power to require repair or alteration of building. (1) Where any building in a
cantonment is so ill__constructed or dilapidated as to be, in the opinion of the 2[Board], in an insanitary
state, the 2[Board] may, by notice in writing, require the owner, within such time as may be specified
in the notice, to execute such repairs or to make such alterations as it thinks necessary for the purpose
of removing such defects.
(2) A copy of every notice issued under sub‑section (1) shall be conspicuously posted on the
building to which it relates.
(3) A notice issued under sub‑section (1) shall be deemed to have been complied with if the
owner of the building to which it relates has, instead of executing the repairs or making the alterations
directed by the notice, removed the building.
141. Power to require land or building to be cleansed . (1) The Executive Officer may, by
notice in writing, require the owner, lessee or occupier of any building or land in the cantonment,
which appears to him to be in a filthy or insanitary state, within twenty‑four hours to cleanse the same
or otherwise put it in a proper state, in such manner as may be specified in the notice.
(2) If, within three months from the date of the service of a notice under sub‑section (1), any
building or land in respect of which the notice was issued is again in a filthy or ins anitary state, the
owner, lessee or occupier, as the case may be, shall be punishable with fine which may extend to 1[five
thousand] rupees.
142. Power to order disuse of house. If a 2[Board] is satisfied that any building or part of a
building in the cant onment which is intended for or used as a dwelling place is unfit for human
habitation, it may cause a notice to be posted on some conspicuous part of the building prohibiting the
owner or occupier thereof from using the building or room for human habitation, or allowing it to be
so used, until it has been rendered fit for such use to the satisfaction of the 2[Board].
143. Removal of noxious vegetation. A 2[Board] may, by notice in writing, require the owner,
lessee, or occupier of any land in the cantonmen t to clear away and remove any thick or noxious
vegetation or undergrowth which appears to it to be injurious to health or offensive to persons residing
in the neighbourhood.
144. Agriculture and Irrigation. Where, in the opinion of a 2[Board], the cultivation in the
cantonment of any description of crop or the use therein of any kind of manure or the irrigation of any
land therein in any specified manner is likely to be injurious to the health of persons dwelling in the
neighbourhood, the 2[Board] may, by public notice, prohibit such cultivation, use or irrigation after such

1Subs. by Act No. XLVII of 2023, ss.49 and 50.
2Subs. by Act No. XXIV of 1936, s. 69.

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date as may be specified in the notice, or may, by a like notice, direct that it shall be carried out subject
to such conditions as the 1[Board] thinks fit:
Provided that if, when a notice is issued under this section, any land to which it relates has been
lawfully prepared for cultivation or any crop is sown therein or is standing thereon, the 1[Board] shall,
if it directs that the notice is to take effect on a date earlier than that by which the crop would ordinarily
be sown or reaped, as the case may be, make compensation to all persons interested in the land or crop
for the loss, if any, incurred by them respectively by reason of compliance with the notice.
Burial and Burning Grounds.
145. Power to call for information regarding burial and burning grounds. A 1[Board] may,
by notice in writing, require the owner or person in charge of any burial or burning ground in the
cantonment to supply such information as may be specified in the notice concerning the condition,
management or position of such ground.
146. Permission for us e of new burial or burning ground. (1) No place in a cantonment
which has not been used as a burial or burning ground before the commencement of this Act shall be
so used without the permission in writing of the 1[Board].
(2) Such permission may be granted subject to any conditions which the 1[Board] thinks fit to
impose for the purpose of preventing annoyance to, or danger to the health of, persons residing in the
neighbourhood.
147. Power to require closing of burial o r burning ground . (1) Where a 1[Board], after
making or causing to be made local inquiry, is of opinion that any burial or burning ground in the
cantonment has become offensive to, or dangerous to the health of, persons living in the
neighbourhood, it may, with the previous sanction of the 2[Federal Government], by notice in writing,
require the owner or person in charge of such ground to close the same from such date as may be
specified in the notice.
(2) Where the 2[Federal Government] sanctions the issue of any notice under sub‑section (1),
it shall declare the conditions on which the burial or burning ground may be re‑opened, and a copy of
such declaration shall be annexed to the notice.
(3) Where the 2[Federal Government] sanctions the issue of any such notice, it shall require a
new burial or burning ground to be provided at the expense of the cantonment fund, or, if the
community concerned is willing to provide a new burial or burning ground, the 2[Federal Government]
shall require a grant to be made from the cantonment fund towards the cost of the same.
(4) No corpse shall be buried or burnt in any burial or burning ground in respect of which a
notice issued under this section is for the time being in force.
148. Exemption from operation of sections 145 to 147. The provisions of sections 145, 146
and 147 shall not apply in the case of any burial ground which is for the time being managed by or on
behalf of the Government.
149. Removal of corpses. A 1[Board] may, by public notice, prescribe routes in the cantonment
by which alone corpses may be removed to burial or burning grounds.
1Subs. by Act No. XXIV of 1936, s. 69.
2Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.

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Prevention of Infectious or Contagious Diseases.
150. Obligation to give information of infectious or contagious diseases. 1[Any person],
being in charge of, or in attendance, whether as a medical practitioner or otherwise, upon any person
in a cantonment whom he knows or has reason to believe to be suffering from a contagious or infectious
disease, or being the owner, lessee or occupier of any building in a cantonment in which he knows that
any such person is so suffering, shall, if he fails to give information, or if he gives false information,
to the 2[Board] respecting the existence of such disease, be punishable with fine which may extend to
3[five thousand] rupees:
Provided that no person shall be punishable under this section for failure to give information if
he had reasonable cause to believe that the information had already been duly given:
Provided, further, that this section shall not apply in the case of venereal disease where the
person suffering therefrom is under specific and adequate medical treatment and is, by reason of his
habits and conditions of life and residence, unlikely to spread the disease.
151. Special measures in case of outbreak of infectious or epidemic diseases. (1) In the
event of a cantonment being visited or threatened by an outbreak of any infectious or contagious
disease among the inhabitants thereof or of any epidemic disease among any animals therein, the
4[Competent Authority], if he thinks that the provisions of this Act or of any law for the time being in
force in the cantonment are insufficient for the purpose, may, with the previous sanction of the
5[Federal Government],__
(a) take such special measures, and
(b) by public notice, make such temporary regulations to be observed by the public
or by any class or section of the public,
as he thinks necessary to prevent the outbreak or the spread of the disease:
Provided that, where in the opinion of the 4[Competent Authority] immediate measures are
necessary, he may take action without such sanction as aforesaid and, if he does so, shall forthwith
report such action to the 5[Federal Government].
(2) Whoever commits a breach of any temporar y regulation made under sub‑section (1) shall
be deemed to have committed an offence under section 188 of the Pakistan Penal Code (XLV of 1860).
152. Power to require names of dairyman’s customers. Where it is certified to the Executive
Officer by a medical practitioner that the outbreak or spread of any infectious or contagious disease in
the cantonment is, in the opinion of such medical practitioner, attributable to the milk supplied by any
dairyman, the Executive Officer may, by notice in writing, requi re the dairyman, within such time as
may be specified in the notice, to furnish him with a full and complete list of the names and addresses
of all his customers within the cantonment, or to give him such information as will enable him to trace
the persons to whom the dairyman has sold milk.

1Subs. by the Repealing and Amending Act, 1930 (Act No. VIII of 1930), s. 2 and 1st Sch.
2Subs. by Act No. XXIV of 1936, s. 69.
3Subs. by Act No. XLVII of 2023, s.51.
4Subs. by Ordinance No. XLIV of 1979, s.2.
5Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.

Page 84 of 137

153. Power to require names of a washerman’s customers. Where it is certified to the
Executive Officer by the Health Officer that it is desirable , with a view to prevent the spread of any
infectious or contagious disease in the cantonment, that the Health Officer should be furnished with a
list of the customers of any washerman, the Executive Officer may, by notice in writing, require the
washerman, within a time to be specified in the notice, to furnish the Health Officer with a full and
complete list of the names and addresses of all owners within the cantonment of clothes and other
articles which the washerman washes or has washed during the six weeks immediately preceding the
date of the notice.
154. Report after inspection of dairy or washerman’s place of business. Where, after
inspection, the Health Officer is of opinion that any infectious or contagious disease is caused or is
likely to arise in the cantonment from the consumption of the milk supplied from a dairy or from the
washing of clothes or other articles i n any place, or from any process employed by a washerman, he
shall report the matter to the Executive Officer.
155. Action on report submitted by Health Officer. Upon receipt of a report submitted by
the Health Officer under section 154, the Executive Officer may, by notice in writing,__
(a) prohibit the supply of milk from the dairy until the notice has been
withdrawn ; or
(b) prohibit the washerman from washing clothes or other articles in any
such place or by any such process as aforesaid until the notice has been
withdrawn or unless he uses such place in such manner, or washes by
such process, as the Executive Officer may direct in the notice.
156. Examination of milk or washed clothes. The Health Officer may take possession of any
milk, clothes or other articles which are or have recently been in the possession of any dairyman on
whom a notice has been served under section 152, or of any clothes or other articles which are or have
recently been in the possession of any washerman, on whom a notice has bee n served under section
153, and may subject the same or cause the same to be subjected to such chemical or other process as
he may think necessary ; and the 1[Board] shall pay from the cantonment fund all the costs of the
process and shall also pay to the owner of the milk, clothes or 2[other] articles such sum as
compensation for any loss occasioned by such process as may appear to it to be reasonable.
157. Contamination of public conveyance. Whoever in a cantonment__
(a) uses a public conveyance while suffering from an infectious or contagious
disease, or
(b) uses a public conveyance for the carriage of a person who is suffering from any
such disease, or
(c) uses a public conveyance for the carriage of the corpse of a person who has died
from any such disease,

1Subs. by Act No. XXIV of 1936, s. 69.
2Subs. by the Repealing and Amending Act, 1930 (Act No. VIII of 1930) s. 2 and 1st Sch.

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shall be bound to take proper precautions against the communication of the disease to other persons
using or who may thereafter use the conveyance and to notify such use to the owner, driver or person
in charge of the conveyance, and further to report without delay to the Executive Officer the number
of the conveyance and the name of the person so notified.
158. Disinfection of public conveyance. (1) Where any person suffering from, or the corpse
of any person who has died from, an infectious or contagious disease has been carried in a public
conveyance which ordinarily plies in a cantonment, the driver thereof shall forthwith report the fact to
the Executive Officer who shall forthwith cause the conveyance to be disinfected if that has not already
been done.
(2) No such conveyance shall be brought again into use until the Executive Officer has granted
a certificate stating that it can be used without causing risk of infection.
159. Penalty for failure to report. Whoever fails to make to the Executive Officer any report
which he is required to make by section 157 or section 158, shall be punishable with fine which may
extend to 1[five thousand] rupees.
160. Driver of conveyance not bound to carry person suffering from infectious or
contagious disease. Notwithstanding anything contained in any law for the time being in force, no
owner, driver or person in charge of a public conveyance shall be bound to convey or to allow to be
conveyed in such conveyance in or in the vicinity of a cantonment any person suffering from an
infectious or contagious disease or the corpse of any person who has died from such disease unless
and until such person pays or tenders a sum sufficient to cover any loss and expense which would
ordinarily be incurred in disinfecting the conveyance.
161. Disinfection of building or articles therein. Where a 2[Board] is, upon the advice of the
Health Officer, of opinion that the cleansing and disinfection of any building or part of a building in
the cantonment or of any articles in any such building or part which are likely to retain infection, or
the renewal of the flooring of any such building or part of such building, would tend to prevent or
check the spread of any infectious or contagious disease, he may, by notice in writing, require the
owner or occupier to cleanse and disinfect the said building, part or articles, as the case may be, or to
renew the said flooring, within such time as may be specified in the notice:
Provided that where, in the opinion of the 2[Board], the owner or occupier is from poverty or
any other cause unable effectually to carry out any such requisition, the 2[Board] may, at the expense
of the cantonment fund, cleanse and disinfect the building, part or articles, or, as the case may be,
renew the flooring.
162. Destruction of infectious hut or shed. (1) Where the destruction of any hut or shed in a
cantonment is, in the opinion of the 2[Board], necessary to prevent the spread of any infectious or
contagious disease, the 2[Board] may, by notice in writing, require the owner to destroy the hut, or
shed and the materials thereof within such time as may be specified in the notice.
(2) Where the President of a Board 3[* * *] is satisfied that the destruction of any hut or shed
in the cantonment is immediately necessary for the purpose of preventing the spread of any infectious
or contagious disease, he may order the owner or occupier of the hut or shed to destroy the same
forthwith, or may himself cause it to be destroyed after giving not less than two hours' notice to the
owner or occupier thereof.
1Subs. by Act No. XLVII of 2023, s.52.
2Subs. and omitted by Act No. XXIV of 1936, ss. 69 and 40.

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(3) The 1[Board] shall pay compensation to the owner of any hut or shed destroyed under this
section.
163. Temporary shelter for inmates of disinfected or destroyed building or shed. The
1[Board] shall provide free of charge temporary shelter or house accommodation for the members of
any family in which an infectious or contagious disease has appeared who have been compelled to
leave their dwe lling by reason of any proceedings taken under section 161 or section 162, and who
desire such shelter or accommodation as aforesaid to be provided for them.
164. Disinfection of building before letting the same. (1) Where in a cantonment any building
or part of a building is intended to be let in which any person has, within the six weeks immediately
preceding, been suffering from an infectious or contagious disease, the person letting the building or
part shall before doing so disinfect the same in such manner as the 1[Board] may, by public or special
notice, direct, together with all articles therein liable to retain infection.
(2) For the purposes of this section, the keeper of a hotel, lodging house or sarai shall be deemed
to let to any person who is admitted as a guest therein that part of the building in which such person is
permitted to reside.
165. Disposal of infected article without disinfection. No person shall, without previous
disinfection of the same, give, lend, sell, transmit or otherwise dispose of to another person any article
or thing which he knows or has reason to believe has been exposed to contamination by any infectious
or contagious disease and is likely to be used in, or taken into, a cantonment.
166. Means of disinfection. (1) Every 1[Board] shall__
(a) provide proper places with necessary attendants and apparatus for the
disinfection of conveyances, clothing, bedding or other articles which have been
exposed to infection ;
(b) cause conveyances, clothing or other articles brought for disinfection to be
disinfected either free of charge or on payment of such charges as it may fix.
(2) A 1[Board] may notify places at which articles of clothing, bedding, conveyances or other
articles which have been exposed to infection shall be washed, and, if it does so, no person shall wash
any such thing at any place not so notified without having previously disinfected such thing.
(3) The President of a Board 1[* * * ] may direct the destruction of any clothing, bedding or
other article in the cantonment likely to retain infection, and may give such compensation as he thinks
fit for any article so destroyed.
167. Making or selling of food, etc., or washing clothes by infected person. Whoever, while
suffering from, or in circumstances in whic h he is likely to spread, any infectious or contagious
disease,__

1Subs. and repealed by Act No. XXIV of 1936, ss. 69 and 41.

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(a) makes, carries or offers for sale in a cantonment or takes any part in the business
of making, carrying or offering for sale therein any article of food or drink or
any medicine or drug for human consumption, or any article of clothing or
bedding for personal use or wear, or
(b) takes any part in the business of the washing or carrying of clothes,
shall be punishable with fine which may extend to 1[five thousand] rupees.
168. Power to restrict or prohibit sale of food or drink. When a cantonment is visited or
threatened by an outbreak of any infectious or contagious disease, the 2[Board] may, by public notice,
restrict in such manner or prohibit for such period, as may be specified in the notice, the sale or
preparation of any article of food or drink for human consumption specified in the notice or the sale of
any flesh of any description of animals so specified.
169. Control over wells, tanks, etc. (1) If a 2[Board] is of opinion that the water in any well,
tank or other place is likely, if used for drinking, to engender, or cause the spread of, any disease, it
may, __
(a) by public notice, prohibit the removal or use of such water for drinking ;
(b) by notice in writing, require the owner or person having control of such well,
tank or place to take such steps as may be directed by the notice to prevent the
public from having access to or using such water ; or
(c) take such other steps as it may consider expedient to prevent the outbreak or
spread of any such disease.
(2) In the event of a cantonment or any part of a cantonment being visited or threatened by an
outbreak of any infectious or contagious dis ease, the Health Officer or any person authorised by him
in this behalf may, without notice and at any time, inspect and disinfect any well, tank or other place
from which water is, or is likely to be, taken for the purposes of drinking, and may further ta ke such
steps as he thinks fit to ensure the purity of the water or to prevent the use of the same for drinking
purposes.
170. Disposal of infectious corpse. Where any person has died in a cantonment from any
infectious or contagious disease, the Executive Officer may, by notice in writing,__
(a) require any person having charge of the corpse to convey the same to a
mortuary, thereafter to be disposed of in accordance with law ; or
(b) prohibit the removal of the corpse from the place where death occurred except
for the purpose of being buried or burned or of being conveyed to a mortuary.
Hospitals and Dispensaries.
171. Maintenance or aiding of hospitals or dispensaries. (1) A 2[Board] may__
(a) provide and maintain either within or without the cantonment as many hospitals
and dispensaries as it thinks fit ; or

1Subs. by Act No. XLVII of 2023, s.53.
2Subs. by Act No. XXIV of 1936, s. 69.

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(b) make, upon such terms as it thinks fit to impose, a grant‑in‑aid to any hospital
or dispensary 1[or veterinary hospital], whether within or without the
cantonment, not maintained by it.
(2) Every hospital or dispensary maintained or aided under sub‑section (1) shall have attached
to it a ward or wards for the treatment of persons suffering from infectious or contagious diseases.
(3) A medical officer, appointed in such manner as the 2[Federal Government] may direct, shall
be in charge of every hospital or dispensary maintained or aided under this section.
172. Medical supplies, appliances, etc. (1) Every hospital or dispensary maintained or aided
under section 171 shall be maintained in accordance with any general or special orders of the 3[Federal
Government] 2[* * *] for the conduct of hospitals and dispensaries or in accordance with the said orders
modified in such manner as the 3[Federal Government] 3[* * *], 3[* * *] thinks fit.
(2) The 1[Board] shall cause every such hospital or dispensary to be provided with all requisite
drugs, instruments, apparatus, furniture and appliances and with sufficient costs, bedding and clothing
for in‑patients.
173. Free patients. At every hospital or dispensary maintained or aided under section 171, the
sick poor of the cantonment and other inhabitants of the cantonment suffering from infectious or
contagious diseases, and, with the sanction of the 1[Board], any other sick persons may receive medical
1[or surgical] treatment free of cost, and, if treated as in‑patients, shall be either dieted gratuitously or,
if the medical officer in charge so directs, shall be granted subsistence allowance on such scale as the
1[Board] may fix:
Provided that the subsistence allowance shall not be less than the lowest allowance for the time
being fixed for the subsistence of judgment debtors by the 2[Provincial Government] under section 57
of the Code of Civil Procedure, 1908 (V of 1908).
174. Paying patients. Any sick person who is ineligible to receive medical 1[or surgical]
treatment free of cost in any hospital or dispensary under section 173 may be admitted to treatment
therein upon such terms as the 1[Board] thinks fit.
175. Power to order person to attend hospital or dispensary. (1) If the Health Officer or the
medical officer in charge of a hospital or dispensary maintained or aided under section 171 has reason
to believe that any person living in the cantonment is suffering from an infectious or contagious
disease, he may, by notice in writing, call upon such person to attend for examination at any such
hospital or dispensary at such time as may be specified in the notice and not to quit it without the
permission of the medical offic er in charge ; and on the arrival of such person at the hospital or
dispensary, the medical officer in charge thereof may examine him for the purpose of satisfying himself
whether or not such person is suffering from an infectious or contagious disease:
Provided that, if, having regard to the nature of the disease or the condition of the person
suffering therefrom, or the general environment and circumstances of such person, the Health Officer
or medical officer, as the case may be, considers that the attendance of such person at a hospital or

1Ins. and subs.by Act No. XXIV of 1936, ss. 42, 43,44 and 69.
2Subs. by A.O., 1937.
3Subs. and repealed by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.

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dispensary is likely to prove unnecessary or inexpedient, he shall examine such person at such person’s
own residence.
(2) If any person , on examination under sub‑section (1), is found to be suffering from an
infectious or contagious disease, the Health Officer or medical officer, as the case may be, may cause
him to be detained in hospital until he is free from the infection or contagion:
Provided that, if having regard to the nature of the disease or the condition o f the person
suffering therefrom, or the general environment and circumstances of such person, he considers that
the detention of such person at a hospital or dispensary is unnecessary or inexpedient, he shall
discharge such person and take such measures o r give such directions in the matter as he thinks
necessary.
176. Power to exclude from cantonment persons refusing to attend hospital or dispensary.
(1) If the Health Officer or the medical officer in charge of a hospital or dispensary maintained or aided
under section 171 reports in writing to the 1[Officer Commanding the station] that any person having
received a notice under section 175 has refused or omitted to attend at the hospital or dispensary,
specified in the notice, or that such person, having at tended the hospital or dispensary, has quitted it
without the permission of such medical officer, or that any person has failed to comply with any
direction given to him under section 175, the 1[Officer Commanding the station] may, by order in
writing, direct such person to remove from the cantonment within twenty‑four hours and not to re‑enter
it without his permission in writing.
(2) No person who has under sub‑section (1) been ordered to remove from and not to re‑enter
a cantonment shall enter any other cantonment in 2[Pakistan] without the written permission of the
1[Officer Commanding the station].
Control of Traffic for Hygienic Purposes.
177. Routes for pilgrims and others. (1) A 3[Board] may provide or prescribe suitable routes
for the use of persons passing through the cantonment__
(a) on their way to or from fairs or places of pilgrimage or other places of public
resort ; or
(b) during times when an infectious or contagious disease is prevalent ;
and may, by public notice, require such persons as aforesaid to use such routes and no others.
(2) All routes provided or prescribed under sub‑section (1) shall be clearly and sufficiently
indicated by the 3[Board].
Special Conditions regarding Essential Services.
178. Conditions of service of sweepers. (1) Whoever, being a sweeper employed by a 3[Board]
in the absence of a written contract authorising him so to do and without reasonable cause, resigns his
employment or absents himself from his duty, without having given one month’s notice to the 3[Board],
or neglects or refuses to perform his duties, or any of them, shall be punishable with imprisonment
which may extend to one month.
1Subs. by Act No. VII of 1925, ss. 14 and 8.
2Subs. by the Central Laws (Statue Reform) Ordinance, 1960 (Ordinance No. XXI of 1960), s. 3 and 2nd Sch. (with effect from the 14th October,
1955).
3Subs. by Act No. XXIV of 1936, s. 69.

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(2) The 1[Federal Government] may, by notification in the 2[official Gazette], direct that on and
from such date as may be specified in the notification, the provisions of this section shall apply in the
case of any specified class of servants employed by a 3[Board] whose functions intimately concern the
public health or safety.
(3) For the purpose of this section, “sweeper” i ncludes any menial servant employed by a
3[Board] in the removal or disposal of filth or rubbish.
______

CHAPTER XI.
CONTROL OVER BUILDINGS, STREETS, BOUNDARIES, TREES, ETC.

Buildings.
3[178A. Sanction for building. No person shall erect or re‑erect a building on any land in a
cantonment, except with the previous sanction of the Board, nor otherwise than in accordance with the
provisions of this Chapter and of the rules and bye‑laws made under this Act relating to th e erection
and re‑erection of buildings.]
4[178AA. Land use planning, layout planning, control over building plan, etc. — (1) The
cantonment executive officer, with the approval of Board, may cause to be prepared a spatial plan
for land use to be followed in the cantonment which shall include, but not limited to,—
(a) earmarking of zones for residential, institutional, commercial, industrial and
other activities; and
(b) improvement schemes for areas within the cantonment if so required.
(2) The Board shall give publicity to the land use plan prepared under sub -section (1) by
publishing the gist of plan in a local newspaper and by other public information means including
uploading on official website:
Provided that till the preparation and execution of land use plan, all the actions and decisions
of the Board in view of implementation of land use plan under various policies issued by administrative
division from time to time shall be deemed to have been validly issued under this Act.]
179. Notice of new buildings . (1) Whoever intends to erect or re‑erect any building in a
cantonment shall 3[apply for sanction by giving notice] in writing of his intention to the 3[Board].
(2) For the purposes of this Act, a person shall be deemed to erect or re‑erect a building who__
(a) makes any material alteration or enlargement of any building, or
(b) converts into a place for human habitation any building not originally
constructed for that purpose, or

1Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.
2Subs. by A.O. 1937.
3Subs. and ins. by Act No. XXIV of 1936, ss. 69, 45 and 46.
4Ins. by Act No. XLVII of 2023, s.54.

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(c) converts into more than one place for human habitation a building originally
constructed as one such place, or
(d) converts two or more places of human habitation into a greater number of such
places, or
(e) converts into a stable, cattle‑shed or cowhouse any building origin ally
constructed for human habitation, or
(f) makes any alteration which there is reason to believe is likely to affect
prejudicially the stability or safety of any building or the condition of any
building in respect of drainage, sanitation or hygiene, or
(g) makes any alteration to any building which increases or diminishes the height
of, or area covered by, or the cubic capacity of, the building or which reduces
the cubic capacity of any room in the building below the minimum prescribed
by any bye‑law made under this Act.
1[l79A. Notice and sanction of new scheme .__(1) Whoever intends to develop or revise a
scheme shall apply for sanction by giving notice in writing of his intention to the Board.
(2) The Board may either refuse to sanction or may sanction it either absolutely or subject to
such modifications or limitations as it thinks fit for the welfare of users of the scheme.
(3) Every sanction for the new or revised layout plan of a scheme shall be valid for one year in
line with section 183.
(4) A Board, when sanctioning the erection or re -erection of a building as hereinbefore
provided, shall specify a reasonable period after t he work has commenced within which the
development of layout plan is to be completed in line with section 183A.
(5) In cases of illegal development of a scheme, the provisions of sections 184 and 185 shall
apply.]
180. Conditions of valid notice. (1) A person giving the notice required by section 179 shall
specify the purpose for which it is intended to use the building to which such notice relates.
(2) No notice shall be valid until the information required under sub‑section (1) and any further
information and plans which may be required under bye‑laws made under this Act have been furnished
to the satisfaction of the 2[Board] alongwith the notice.
181. Power of Board to sanction or refuse. The 2[Board] may either refuse to sanction the
erection or re‑erection, as the case may be, of the building, or may sanction it either absolutely or
subject to such directions as it thinks fit to make in writing in respect of all or any of the following
matters, namely:__

1Ins. by Act No. XLVII of 2023, s.55.
2Subs. by Act No. XXIV of 1936, s. 69.

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(a) the free passage or way to be left in front of the building ;
(b) the space to be left about the building to secure free circulation of air and
facilitate scavenging and the prevention of fire ;
(c) the ventilation of the building, the minimum cubic area of the rooms and the
number and height of the storeys of which the building may consist ;
(d) the provision and position of drains, latrines, uri nals, cesspools or other
receptacles for filth ;
(e) the level and width of the foundation, the level of the lowest floor and the
stability of the structure ;
(f) the line of frontage with neighbouring buildings if the building abuts on a street
;
(g) the means to be provided for egress from the building in case of fire ;
(h) the materials and method of construction to be used for external and party walls
for rooms, floors, fire-places and chimneys ;
(i) the height and slope of the roof above the uppermost floor upon which human
beings are to live or cooking operations are to be carried on ; and
(j) any other matter affecting the ventilation and sanitation of the buildings ;
and the person erecting or re ‑erecting the building shall obey all such written directions in every
particular.
1[(2) The Board may refuse to sanction the erection or re‑erection of any building, either on
grounds sufficient in the opinion of the Board affecting the particular buildin g, or in pursuance of a
general scheme sanctioned by the 2[Competent Authority], restricting the erection or re‑erection of
buildings within specified limits for the prevention of over‑crowding or in the interests of persons
residing within such limits or for any other public purpose.
(3) The Board before sanctioning the erection or reerection of a building on land which is
under the management of the Military Estates Officer, shall refer the application to the Military Estates
Officer for ascertaining whether there is any objection on the part of Government to such erection or
reerection ; and the Military Estates Officer shall return the application together with his report
thereon to the Board within thirty days after it has been received by him.
(4) The Board may refuse to sanction the erection or reerection of any building__
(a) when the land on which it is proposed to erect or re‑erect the building is held on
a lease 3[from the Government], if the erection or re‑erection constitutes a
breach of the terms of the lease, or

1Subs. by Act No. XXIV of 1936, s. 47.
2Subs. by Ordinance No. XLIV of 1979, s. 2.
3Subs. by A.O., 1961, Art. 2 (with effect from the 23rd March, 1956).

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(b) when the land on which it is proposed to erect or re‑erect the building is not held
on a lease 1[from the Government], if the right to build on such land is in dispute
between the person applying for sanction and the Government.
(5) If the Board decides to refuse to sanction the erection or re‑erection of the building, it shall
communicate in writing the reasons for such refusal to the person by whom notice was given.
(6) Where the Board neglects or omits, for one month after the receipt of a valid notice, to make
and to deliver to the person who has given the notice any order of any nature specified in this section,
and such person thereafter by a written communication sent by registered post to the Board calls the
attention of the Board to the neglect or o mission, then, if such neglect or omission continues for a
further period of fifteen days from the date of such communication the Board shall be deemed to have
given sanction to the erection or re‑erection, as the case may be, unconditionally:
Provided that, in any case to which the provisions of sub‑section (3) apply, the period of one
month herein specified shall be reckoned from the date on which the Board has received the report
referred to in that sub‑section.]
182. Compensation. (1) No compensation shall be claimable by any person for any damage or
loss which he may sustain in consequence of the refusal of the 2[Board] of sanction to the erection of
any building or in respect of any direction issued by it under sub‑section (1) of section 181.
(2) The 2[Board] shall make compensation to the owner of any building for any actual damage
or loss sustained by him in consequence of the prohibition of the re‑erection of any building or of its
requiring any land belonging to him to be added to the street:
Provided that the 2[Board] shall not be liable to make any compensation in respect of the
prohibition of the re‑erection of any building which for a period of three years or more immediately
preceding such refusal has not been in existence or has been unfit for human habitation.
183. Lapse of sanction. Every sanction for the erection or re‑erection of a building given or
deemed to have been given by the 2[Board] as hereinbefore provided shall be available for one year
from the date on which it is given, and, if the building so sanctioned is not begun by the person who
has obtained the sanction or some one lawfully claiming under him within that period, it shall not
thereafter be begun 2[unless the Board on application made therefor has allowed an extensio n of that
period.]
2[183A. Period for completion of building. A Board, when sanctioning the erection or re
erection of a building as hereinbefore provided, shall specify a reasonable period after the work has
commenced within which the erection or re‑erec tion is to be completed, and, if the erection or
re‑erection is not completed within the period so fixed, it shall not be continued thereafter without
fresh sanction obtained in the manner hereinbefore provided, unless the Board on application made
therefor has allowed an extension of that period:
Provided that not more than two such extensions shall be allowed by the Board in any case.]

1Subs. by A.O., 1961, Art. 2 (with effect from the 23rd March, 1956).
2Subs. and ins. by Act No. XXIV of 1936, ss. 69,48 and 49.

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184. Illegal erection and reerection. Whoever begins, continues or completes the erection or
re‑erection of a building__
(a) without having given a valid notice as required by sections 179 and 180, or
before the building has been sanctioned or is deemed to have been sanctioned,
or
(b) without complying with any direction made under sub‑section (1) of section
181, or
(c) when sanction has been refused, or has ceased to be available, 1[or has been
suspended by the 2[Competent Authority], under clause (b) of sub‑section (1) of
section 52],
shall be punishable with fine which may extend to 3[fifty thousand] rupees.
185. Power to stop erection or reerection or to demolish . 1[(1)] A 1[Board] may, at any
time, by notice in writing, d irect the owner, lessee or occupier of any land in the cantonment to stop
the erection or re‑erection of a building in any case in which the 1[Board] considers that such erection
or re‑erection is an offence under section 184, and may in any such case 1[or in any other case in which
the Board considers that the erection or re‑erection of a building is an offence under section 184, 3[* *
*] direct the alteration or demolition, as it thinks necessary, of the building, or any part thereof, so
erected or re‑erected:
Provided that the 1[Board] may, instead of requiring the alteration or demolition of any such
building or part thereof, accept by way of composition such sum as it thinks reasonable:
1[Provided further that the Board shall not, without the prev ious concurrence of the
2[Competent Authority], accept any sum by way of composition under the foregoing proviso in respect
of any building on land which is not under the management of the Board.]
1[(2) A Board shall by notice in writing direct the owner, lessee or occupier of any land in the
cantonment to stop the erection or re‑erection of a building in any case in which the order under section
181 sanctioning the erection or re‑erection has been suspended by the Officer Commanding‑in‑Chief,
the Command, under clause (b) of sub‑section (1) of section 52, and shall in any such case in like
manner direct the demolition or alteration, as the case may be, of the building or any part thereof so
erected or re‑erected where the 2[Competent Authority], thereafter directs that the order of the Board
sanctioning the erection or re‑erection of the building shall not be carried into effect or shall be carried
into effect with modifications specified by him:
Provided that the Board shall pay to the owner of the buildi ng compensation for any loss
actually incurred by him in consequence of the demolition or alteration of any building which has been
erected or re‑erected prior to the date on which the order of the Officer Commanding‑in‑Chief, the
Command, has been communicated to him.]

1Ins. renumbered and subs. by Act No. XXIV of 1936, ss. 50,51 and 69.
2Subs. by Ordinance No. XLIV of 1979), s. 2.
3Subs. and omitted by Act No. XLVII of 2023, ss.56 and 57. (In sub-section (1) of section 185 some words are added by amendment Act No. XXIV of
1936 later on the word “within” omitted by amendment Act No. XLVII of 2023).

Page 95 of 137

1[l85A. Restrictions on use of buildings, layout plan of scheme and conversion, etc. —(1)
No person shall without written permission of the Board or otherwise than in conformity with the
conditions, if any, of such permission—
(a) use or permit to be used for h uman habitation any part of a building not
originally erected or authorized to be used for that purpose or not used for that
purpose before any alteration has been made th erein by any work executed in
accordance with the provisions of this Act;
(b) change or allow change of use of any land or building;
(c) convert or allow conversion of one kind of building or land or tenement to
another kind.
(2) Any person seeking change of use or conversion under sub -section (l) shall pay the fee
prescribed by the Board.
(3) Any person who contravenes the provisions of this section shall be liable for payment of
reasonable amount of fine along with penalty as may be determined by the Board.]
186. Power to make byelaws. A 2[Board] may make bye‑laws prescribing__
(a) the manner in which notice of the intention to erect or re‑erect a building in the
cantonment shall be given to the 2[Board] and the information and plans to be
furnished with the notice ;
(b) the type or description of buildings which may or may not, and the purpose for
which a building may or may not, be erected or re‑erected 3[in the cantonment
or any part thereof];
(c) the minimum cubic capacity of any room or rooms in a building which is to be
erected or re‑erected ;2[*]
(d) the fees payable on provision by the 2[Board] of plans or specifications of the
type of buildings which may be erected in the cantonment or any part thereof ;
2[(e) the circumstances in which a mosque, temple or church or other sacred building
may be erected or re‑erected ; and
(f) with reference to the erection or re‑erection of buildings, or of any class of
building, all or any of the following matters, namely :__
(i) the line of frontage where the building abuts on a street ;
(ii) the space to be left about the building to secure free circulation of air
and facilities for scavenging and for the prevention of fire ;

1Ins. by Act No. XLVII of 2023, s.58.
2Subs. repealed and ins. by Act No. XXIV of 1936, ss. 69 and 52.
3Subs. by Act No. XXXI of 1940, s. 6.

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(iii) the materials and method of construction to be used for external and
party‑walls, roofs and floors ;
(iv) the position, the material and the method of construction of fire‑places,
chimneys, drains, latrines, privies, urinals and cesspools ;
(v) height and slope of the roof above the uppermost floor upon which
human beings are to live or cooking operations are to be carried on ;
(vi) the level and width of the foundation, the level of the lowest floor and
the stability of the structure ;
(vii) the number and height of the storeys of which the building may consist
;
(viii) the means to be provided for egress from the building in case of fire ;
(ix) the safeguarding of wells from pollution ; or
(x) the materials and method of construction to be used for godowns
intended for the storage of foodgrains in excess of fifty maunds in order
to render them rat proof 1[;]]
1[(g) classification and zoning of buildings;
(h) regulation of Schemes;
(i) conversion of plots or buildings from one use to another;
(j) fee, if any, in connection with the matters covered under this Chapter, imposed
under this Act; and
(k) any other matter ancillary or incidental to the matters mentioned under this
Chapter.]
187. Projections and obstructions. (1) No owner or occupier of any building in a cantonment
shall, without the permission in writing of the 2[Board], add to or place against or in front of the
building any projection or structure overhanging, projecting into, or encroaching on, any street or any
drain, sewer or aqueduct therein.
(2) The 2[Board] may, by notice in writing, require the owner or occupier of any such building
to alter or remove any such projection or encroachment as aforesaid:
Provided that, in the ca se of any projection or encroachment lawfully in existence at the
commencement of this Act, the 2[Board] shall make compensation for any damage caused by the
removal or alteration.
(3) The 2[Board] may, by order in writing, give permission to the owners or occupiers of
buildings in any particular street to put up open verandahs, balconies or rooms projecting from any
1Subs. and added by Act No. XLVII of 2023, s.59.
2Subs. by Act No. XXIV of 1936, s. 69.

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upper story thereof to an extent beyond the line of the plinth or basement wall at such height from the
level ground or street as may be specified in the order.
188. Unauthorised buildings over drains, etc. A 1[Board] may, by notice in writing, require
any person who has, without its permission in writing, newly erected or re‑erected any 2[structure]
over any public sewer, drain, culvert, water‑course or water‑pipe in the cantonment to pull down or
otherwise deal with the same as it thinks fit.
189. Drainage and sewer connections. (1) A 1[Board] may, by notice in writing, require the
owner or lessee of any building or land in any street, at his own expense and in such manner as the
1[Board] thinks fit, to put up and keep in good condition proper troughs and pipes for receiving and
carrying rain water from the building or land and for discharging the same or to establish and maintain
any other connection or communication between such building or land and any drain or sewer.
(2) For the purpose of efficiently draining any building or land in the cantonment, the 1[Board]
may, by notice in writing, require the owner or lessee of the building or land__
(a) to pave, with such materials and in such manner as it thinks fit, any courtyard,
alley or passage between two or more buildings, or
(b) to keep any such paving in proper repair.
190. Power to attach brackets for lamps. A 1[Board] may attach to the outside of any
building, or to any tree in the cantonment, brackets for lamps in such manner as not to occasion injury
thereto or inconvenience.
Streets.
191. Temporary occupation of street, land, etc. A 1[Board] may, by order in writing, permit
the temporary occupation of any street, or of any land vested in the 1[Board], for the purpose of
depositing any building materials or making any temporary excavation therein or erection thereon,
subject to such conditions as it may prescribe for the safety or convenience of the public, and may
charge a fee for such permission and may in its discretion withdraw such permission.
192. Closing and opening of streets. (1) A 1[Board] shall not permanently close any street or
open any new street without the previous sanction of the 3[Director General].
(2) A 1[Board] may, by public notice, temporarily close any street or any part of a street for
repair or for the purpose of carr ying out any work connected with drainage, water‑supply or lighting
or any other work which it is by or under this Act required or permitted to carry out:
Provided that where, owing to any works or repairs or from any other cause, the condition of
any street or of any water -works, drain, culvert or premises vested in the 1[Board], is such as to be
likely to cause danger to the public, the 1[Board] shall__

1Subs. by Act No. XXIV of 1936, s. 69.
2Subs. by Act No. XXXI of 1940), s. 7.
3Subs. by Act No. XLVII of 2023, s.60.

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(a) take all reasonable means for the protection of the adjacent buildings and land
and provide reasonable means of access thereto ;
(b) cause sufficient barriers or fences to be erected for the security of life and
property, and cause such barriers or fences to be sufficiently lighted from sunset
to sunrise.
193. Names of streets and numbers of buildings. (1) A 1[Board] may cause a name to be
given to any street and to be affixed on any building in the cantonment in such place as it thinks fit,
and may also cause a number to be affixed to any such building.
(2) Whoever destroys, pulls down, defaces or alters any such name or number or puts up any
name or number differing from that put up by the order of the 1[Board] shall be punishable with fine
which may extend to 2[ten thousand] rupees.
1[(3) When a number has been affixed to any building under sub‑section (1), the owner of the
building shall maintain the number in order, and shall replace it if removed or defaced, and if he fails
to do so the Board may by notice in writing require him to replace it.]
Boundaries and Trees.
194. Boundary walls , hedges and fences. (1) No boundary wall, hedge or fence of any
material or description shall be erected in a cantonment without the per mission in writing of the
1[Board].
(2) A 1[Board] may, by notice in writing, require the owner or lessee of any land in the
cantonment__
(a) to remove from the land any boundary wall, hedge or fence which is, in its
opinion unsuitable, unsightly or otherwise objectionable ; or
(b) to construct on the land sufficient boundary walls, hedges or fences of such
material, description or dimensions as may be specified in the notice ; or
(c) to maintain the boundary walls, hedges or fences of such lands in good order:
Provided that, in the case of any such boundary wall, hedge or fence which was erected with
the consent or under the orders of the 1[Board], or which was in existence at the commencement of
this Act, the 1[Board] shall make compensation for any damage caused by the removal thereof.
(3) The 1[Board] may, by notice in writing, require the owner, lessee or occupier of any such
land to cut or trim any hedge on the land in such manner and within such time as may be specified in
the notice.
195. Felling, lopping and trimming of trees . (1) Where, in the opinion of a 1[Board], the
felling of any tree of mature growth standing in a private enclosure in the cantonment is necessary for
any reason, the 1[Board] may, by notice in writing, require the owner, lessee or occupier of the land to
fell the tree within such time as may be specified in the notice.

1Subs. and ins. by Act No. XXIV of 1936, ss. 69 and 53.
2Sus. by Act No. XLVII of 2023, s. 61.

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(2) A 1[Board] may__
(a) cause to be lopped or trimmed any tree standing on land in the cantonment
which belongs to 2[the Government] ; or
(b) by public notice require all owners, lessees or occupiers of land in the
cantonment, or by notice in writing require the owner, lessee or occupier of any
such land, to lop or trim, in such manner as may be specified in the notice, all
or any trees standing on such land or to remove any dead trees from such land.
196. Digging of public land. Whoever, without the permission in writing of the 1[Board], digs
up the surface of any open space in the cantonment, which is not private property, shall be punishable
with fine which may extend to 3[two thousand] rupees, and, in the case of a continuing offence, 4[with
an additional fine] which may extend to 3[fifty] rupees for every day after the first during which the
offence continues.
197. Improper use of land. (1) If, in the opinion of a 1[Board], the working of a quarry in the
cantonment, or the removal of stone, earth or other material from the soil in any place in the
cantonment, is dangerous to persons residing in or frequenting the neighbourhood of such quarry or
place, or creates, or is likely to create, a nuisance, the 1[Board] may, by notice in writing, prohibit the
owner, lessee or occupier of such quarry or place or the person responsible for such 4[working] or
removal, from continuing or permitting the working of such quarry or the moving of such material, or
require him to take such steps in the matter as the 1[Board] may direct for the purp ose of preventing
danger or abating the nuisance arising or likely to arise therefrom.
(2) If, in any case referred to in sub‑section (1), the 1[Board] is of opinion that such a course is
necessary in order to prevent imminent danger, it may, by order in w riting, require a proper hoarding
or fence to be put up for the protection of passers‑by.
_______
CHAPTER XII.
MARKETS, SLAUGHTERHOUSES, TRADES AND OCCUPATIONS.
198. Public markets and slaughterhouses. (1) A 1[Board] may provide and maintain, either
within or without the cantonment, public markets and public slaughter‑houses, to such number as it
thinks fit, together with stalls, shops, sheds, pens and other buildings or conveniences for the use of
persons carrying on trade or business in or fr equenting such markets or slaughter‑houses, and may
provide and maintain in any such market buildings, places, machines, weights, scales and measures
for the weighment or measurement of goods sold therein.
(2) When such market or slaughter‑house is situated beyond cantonment limits, the 1[Board]
shall have the same power for the inspection and proper regulation of the same as if it were situated
within those limits.
(3) The 1[Board] may at any time, by public no tice, close any public market or public
slaughter‑house or any part thereof.

1Subs. by Act No. XXIV of 1936, s. 69.
2Subs. by A.O., 1961, Art. 2 (with effect from the 23rd March, 1956).
3Subs. by Act No. XLVII of 2023, s. 62.
4Subs. by the Repealing and Amending Act, 1930 (Act No. VIII of 1930), s. 2 and 1st Sch.

Page 100 of 137

(4) Nothing in this section shall be deemed to authorise the establishment of a public market
or public slaughter‑house within the limits of any area administered by any local auth ority other than
the 1[Board] without the permission of such local authority or otherwise than on such conditions as
such local authority may approve.
199. Use of public market. (1) No person shall, without the general or special permission in
writing of the 1[Board], sell or expose for sale any animal or article in any public market.
(2) Any person contravening the provisions of this section, and any animal or article exposed
for sale by such person, may be summarily removed from the market by or under the orders of the
Executive Officer or any officer or servant of the 1[Board] authorised by it in this behalf.
200. Levy of stallages, rents and fees. A 1[Board] may__
(a) charge for the occupation or use of any stall, shop, standing, shed or pen in a
public market, or public slaughter‑house, or for the right to expose goods for
sale in a public market, or for weighing or measuring goods sold therein, or for
the right to slaughter animals in any public slaughter‑house, such stallages, rents
and fees as it thinks fit ; or
(b) with the sanction of the 2[Competent Authority], farm the stallages, rents and
fees leviable as aforesaid or any portion thereof for any period not exceeding
one year at a time ; or
(c) put up to public auction, or with the sanction of the 2[Competent Authority],
dispose of by private sale, the privilege of occupying or using any stall, shop,
standing, shed or pen in a public market or public slaughter‑house for such term
and on such conditions as it thinks fit.
201. Stallages, rents, etc., to be published. A copy of the table of stallages, rents and fees, if
any, leviable in any public market or public slaughter‑house, and of the bye‑laws made under this Act
for the purpose of regulating the use of such market or slaughter‑house, printed in the English language
and in such other language or languages as the 1[Board] may direct, shall be affixed in some
conspicuous place in the market or slaughter‑house.
202. Private markets and slaughterhouses. (1) No place in a cantonment other than a public
market shall be used as a market, and no place in a cantonment other than a public slaughter‑house
shall be used as a slaughterhouse, unless such place has been licensed as a market or slaughterhouse,
as the case may be, by the 1[Board]:
Provided that nothing in this sub‑section shall apply in the case of a slaughter‑house established
and maintained by the Government.

(2) Nothing in sub‑section (1) shall be deemed__

1Subs. by Act No. XXIV of 1936, s. 69.
2Subs. by Ordinance No. XLIV of 1979, s. 2.

Page 101 of 137

(a) to restrict the slaughter of any animal in any place on the occasion of any festival
or ceremony, subject to such conditions as to prior or subsequent notice as the
Executive Officer with the previous sanction of the District Magistrate may, by
public or special notice, impose in this behalf, or
(b) to prevent the Executive Officer, with the sanction of the 1[Board], from setting
apart places for the slaughter of animals in accordance with religious custom,
when such animals are slaughtered for consumption by the troops or for the
purpose of the sale of the flesh thereof to the troops.
(3) Whoever omits to comply with any condition imposed by the Executive Officer under
clause (a) of sub‑section (2) shall be punishable with fine which may extend to 2[five thousand] rupees
and, in the case of a continuing offence, with an additional fine which may extend to 2[one hundred]
rupees for every day after the first during which the offence is continued.
203. Conditions of grant of license for private market or slaughter house. (1) A 1[Board]
may charge such fees as it thinks fit to impose for the grant of a licence to any person to open a private
market or private slaughter‑house in the cantonment, and may grant such licence subject to such
conditions, consistent with this Act and any bye‑laws made thereunder, as it thinks fit to impose.
(2) The 1[Board] may refuse to grant any such licence without giving reasons for such refusal.
204. Penalty for keeping market or slaughterhouse open without licence, etc . (1) Any
person who keeps open for public use any market or slaughter‑house in respect of which a licence is
required by or under this Act, without obtaining licence therefor, or while the licence therefor is
suspended, or after the same has been cancelled, shall be punishable with fine which may extend to
2[five thousand] rupees and, in the case of a continuing offence, with an additional fine which may
extend to 2[fifty] rupees for every day after the first during which the offence is continued.
(2) When a licence to open a private market or private slaughter‑house is granted or refused or
is suspended or cancelled, the 1[Board] shall cause a notice of the grant, refusal, suspension or
cancellation to be posted in English, and in such other language or languages as it thinks necessary, in
some conspicuous place by or near the entrance to the place to which the notice relates.
205. Penalty for using unlicensed market or slaughterhouse. Whoever, knowing that any
market or slaughterhouse has been opened to the public without a licence having been obtained
therefor when such licence is required by or under this Act, or that the licence granted therefor is for
the time being suspended or th at it has been cancelled, sells or exposes for sale any article in such
market, or slaughters any animal in such slaughterhouse, shall be punishable with fine which may
extend to 2[ten thousand] rupees and, in the case of a continuing offence, with an additional fine which
may extend to 2[five thousand] rupees for every day after the first during which the offence is
continued.
206. Prohibition and restriction of use of slaughterhouse. (1) Where, in the opinion of the
1[Board], it is necessary on sanitary grounds so to do, it may, by public notice, prohibit for such period,
not exceeding one month, as may be specified in the notice, or for such further period, not exceeding
one month, as it may specify by a like notice, the use of any private slaug hterhouse specified in the
notice, or the slaughter therein of any animal of any description so specified.

1Subs. by Act No. XXIV of 1936, s. 69.
2Subs. by Act No. XLVII of 2023, ss. 63, 64 and 65.

Page 102 of 137

(2) A copy of every notice issued under subsection (1) shall be conspicuously posted in the
slaughterhouse to which it relates.
207. Power to inspect slaughterhouses. (1) Any servant of a 1[Board], authorised by order
in writing in this behalf by the President of the Board 1[* *] or the Health Officer, may, if he has reason
to believe that any animal has been, is being, or is about to be slaughtered in any place in contravention
of the provisions of this Chapter, enter into and inspect any such place at any time, whether by day or
by night.
(2) Every such order shall specify the place to be entered and the locality in which the same is
situated and the period, which shall not exceed seven days, for which the order is to remain in force.

208. Power to make byelaws. A 1[Board] may, with the approval of the 2[Federal
Government], make bye‑laws consistent with this Act to provide for all or any of the following matters,
namely :__
(a) the days on, and the hours du ring, which any private market or private
slaughter‑house may be kept open for use ;
(b) the regulation of the design, ventilation and drainage of such markets and
slaughter‑houses, and the material to be used in the construction thereof ;
(c) the keeping of such markets and slaughter‑houses and lands and buildings
appertaining thereto in a clean and sanitary condition, the removal of filth and
refuse therefrom, and the supply therein of pure water and of a sufficient number
of latrines and urinals for the use of persons using or frequenting the same ;
(d) the manner in which animals shall be stalled at a slaughter‑house ;
(e) the manner in which animals may be slaughtered ;
(f) the disposal or destruction of animals offered for slaughter which are, from
disease or any other cause, unfit for human consumption ; and
(g) the destruction of carcases which from disease or any other cause are found after
slaughter to be unfit for human consumption.
Trades and Occupations.
209. Provisions of washing places. (1) A 1[Board] may provide suitable places for the exercise
by washermen of their calling, and may require payment of such fees for the use thereof as it thinks
fit.
(2) Where the 1[Board] has provided such places as aforesaid it may, by public notice, prohibit
the washing of clothes by washermen at any other place in the cantonment:
Provided that such prohibition shall not be deemed to apply to the washing by a washerman of
his own clothes or of the clothes of any other person who is an occupier of the place at which they are
washed.
1Subs. and omitted by Act No. XXIV of 1936, ss. 69 and 54.
2Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.

Page 103 of 137

(3) Whoever contravenes any prohibition contained in a notice issued under sub‑section (2) shall be
punishable with fine which may extend to 1[two thousand] rupees.
210. Licences required for carrying on of certain occupations. (1) No person of any of the
following classes, namely :__
(a) butchers and vendors of poultry, game or fish ;
(b) persons keeping pigs for profit, and dealers in the flesh of pigs which have been
slaughtered in 2[Pakistan] ;
(c) persons keeping milch cattle or milch goats for profit ;
(d) persons keeping for profit any animals other than pigs, milch cattle or milch
goats ;
(e) dairymen, buttermen and makers and vendors of ghee;
(f) makers of bread, biscuits or cake, and vendors of bread, biscuits or cake made
in 2[Pakistan];
(g) vendors of fruit or vegetables ;
(h) manufacturers of aerated or other potable waters or of ice or ice‑cream, and
vendors of the same ;
3[(i)] vendors of any medicines, drugs or articles of food or drink, for human
consumption (other than the flesh of pigs, milk, butter, bread, biscuits, cake,
fruit, vegetables, aerated or other potable waters or ice or ice‑cream) which are
of a perishable nature ;
3[(j)] vendors of water to be used for drinking purposes ;
3[(k)] washermen ;
3[(1)] dealers in hay, straw, wood, charcoal or other inflammable material ;`
3[(m)] dealers in fire‑works, kerosene oil, petroleum or any other inflammable oil or
spirit ;
3[(n)] tanners and dyers ;
3[(o)] persons carrying on any trade or occupation from which offensive or
unwholesome smells arise ;
3[(p)] vendors of wheat, rice and other grain or of flour ;4*
3[(q)] makers and vendors of sugar or sweetmeats ; 4[and

1Subs. by Act No. XLVII of 2023, s. 66.
2Subs. by Adaptation of Central Acts and Ordinances Order, 1949 (Order No. 4 of 1949) s. 3.
3Relettered by the Repealing and Amending Act, 1934 (Act No. XXIV of 1934), s. 2 and 1st Sch.
4Omitted and ins. by Act No. XXIV of 1936, s. 55.

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(r) barbers and keepers of shaving saloons ;]
1[(s) or any other occupation as the Board may notify from time to time,]
shall carry on his trade, calling or occupation in any part of a cantonment unless he has applied for and
obtained a licence in this behalf from the 2[Board].
(2) A licence granted under sub‑section (1) shall be valid 2[until the end of the year in which it
is issued] and the grant of such licence shall not be withheld by the 2[Board] unless it has reason to
believe that the business which it is intended to establish or maintain would be offensive or dangerous
to the public.
(3) Notwithstanding anything contained in sub‑section (1),__
(a) no person who was, at the commencement of this Act, carrying on his trade,
calling or occupation in any part of a cantonment shall be bound to apply for a
licence for carrying on such trade or occupation in that part until he has received
from the 2[Board] not less than three months’ notice in writing of his obligation
to do so, and if the 2[Board] refuses to grant him a licence, it shall pay
compensation for any loss, incurred by reason of such refusal ;
(b) no person shall be required to take out a licence for the sale or storage of
petroleum or for the sale or possession for sale of poisons or white arsenic in
any case in which he is required to take out a licence for such sale, storage or
possession for sale by or under t he 3[Petroleum Act, 1934 (XXX of 1934)], or
the Poisons Act, 1919 (XII of 1919).
(4) The 2[Board] may charge for the grant of licences under this section such fees 1[* * * * * *
*] as it may fix with the previous sanction of the 4[Federal Government].
211. Conditions which may be attached to licences. A licence granted to any person under
section 210 shall specify the part of the cantonment which the licensee may carry on his trade, calling
or occupation, and may regulate the hours and manner of transport within the cantonment of any
specified articles intended for human consumption, and may contain any other conditions which the
2[Board] thinks fit to impose in accordance with bye‑laws made under this Act.

General Provisions.
212. Power to vary licence. If a 2[Board] is satisfied that any place used under a licence granted
under this Chapter is a nuisance or is likely to be dangerous to life, health or property, the 2[Board]
may, by notice in writing, require the owner, lessee or occupier thereof to discontinue the use of such
place or to effect such alterations, ad ditions, or improvements as will, in the opinion of the 2[Board],
render it no longer a nuisance or dangerous.

1Ins. and omitted by Act No. XLVII of 2023, s. 67.
2Subs. by Act No. XXIV of 1936, ss. 69 and 55.
3Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (Ordinance No. XXVI of 1981), s. 3 and Sch. II.
4Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.

Page 105 of 137

213. Carrying on trade, etc., without licence or in contravention of section 212. Whoever
carries on any trade, calling or occupation for which a licence is required without obtaining a licence
therefor or while the licence therefor is suspended or after the same has been cancelled, and whoever,
after receiving a notice under section 212, uses or allows to be used any building or place in
contravention thereof, shall be punishable with fine which may extend to 1[five thousand] rupees and,
in the case of a continuing offence, with an additional fine which may extend to 1[two thousand] rupees
for every day after the first during which the offence is continued.
214. Feeding animals on dirt, etc. Whoever feeds or allows to be fed on filthy or deleterious
substances any animal, which is kept for the purpose of supplying milk to, or which is intended to be
used as food for, the inhabitants of a cantonment or allows it to graze in any place in which grazing
has, for sanitary reasons, been prohibited by public notice by the 2[Board] shall be punishable with
fine which may extend to 1[two thousand] rupees.
Entry, Inspection and Seizure.
215. Powers of entry and seizure . (1) The President or the Vice‑President 2[* * * ] the
Executive Officer, the Health Officer, the Assistant Health Officer, or any other officer or servant of a
2[Board] authorised by it in writing in this behalf,__
(a) may at any time enter into any market, building, shop, stall or other place in the
cantonment for the purpose of inspecting, and may inspect, any animals, article
or thing intended for human food or drink or for medicine, whether exposed or
hawked about for sale or deposited in or brought to any place for the purpose of
sale, or of preparat ion for sale, or any utensil or vessel for preparing,
manufacturing or containing any such article, or thing, and may enter into and
inspect any place used as a slaughter‑house and may examine any animal or
article therein ;
(b) may seize any such animal, article or thing which appears to him to be diseased,
or unwholesome or unfit for human food or drink or medicine, as the case may
be, or to be adulterated or to be not what it is represented to be, or any such
utensil or vessel which is of such a kind or in such a state as to render any article
prepared, manufactured or contained therein unwholesome or unfit for human
food or for medicine, as the case may be.
(2) Any article seized under sub‑section (1) which is of a perishable nature may, under the
orders of the Health Officer or the Assistant Health Officer, forthwith be destroyed if, in his opinion,
it is diseased, unwholesome or unfit for human food, drink or medicine, as the case may be.
(3) Every animal, article, utensil, vessel or other thing s eized under sub‑section (1) shall, if it
is not destroyed under sub‑section (2), be taken before a Magistrate 3[who shall give orders as to its
disposal].

1Subs. by Act No. XLVII of 2023, ss. 68 and 69.
2Subs. and omitted by Act No. XXIV of 1936, ss. 69 and 56.
3Added by Act No. VIII of 1944, s. 7.

Page 106 of 137

(4) The owner or person in possession, at the time of seizure under sub‑section (1), of any
animal or carcase which is diseased or of any article or thing which is unwholesome or unfit for human
food, drink or medicine as the case may be, or is adulterated or is not what it is represented to be, or
of any utensil or vessel which is of such kind or in such state as is described in clause (b) of subsection
(1), shall be punishable with fine which may extend to 1[ten thousand] rupees, and the animal, article,
utensil, vessel or other thing shall be liable to be forfeited to the 2[Board] or to be destroyed or to be
so disposed of as to prevent its being exposed for sale or used for the preparation of food, drink or
medicine, as the case may be.
Explanation I.__If any such article, having been exposed or stored in, or brought to, any place
mentioned in sub‑section (1) for sale as ghee, contains any substance not exclusively derived from
milk, it shall be deem ed, for the purposes of this section, to be an article which is not what it is
represented to be.
Explanation II .__Meat subjected to the process of blowing shall be deemed to be unfit for
human food.
Explanation III.__The article of food or drink shall not be deemed to be other than what it is
represented to be merely by reason of the fact that there has been added to it some substance not
injurious to health:
Provided that__
(a) such substance has been added to the article because the same is required for
the preparation or production thereof as an article of commerce in a state fit for
carriage or consumption and not fraudulently to increase the bulk, weight or
measure of the food or drink or conceal the inferior quality thereof, or
(b) in the process of production, preparation or conveyance of such article of food
or drink, the extraneous substance has unavoidably become intermixed
therewith, or
(c) the owner or person in possession of the article has given sufficient notice by
means of a label distinctly and legibly written or printed thereon or therewith,
or by other means of a public description, that such substance has been added,
or
(d) such owner or person has purchased the article with a written warranty that it
was of a certain nature, substance and quality and had no reason to believe that
it was not of such nature, substance and quality, and has exposed it or hawked
it about or brought it for sale in the same state and by the same description as
that in and by which he purchased it.
Import of Cattle and Flesh.
216. Import of cattle and flesh. (1) No person shall, without the permission in writing of the
2[Board], bring into a cantonment any animal intended for human consumption, or the flesh of any
animal slaughtered outside the cantonm ent otherwise than in a slaughter‑house maintained by the
Government or the 2[Board].

1Subs. by Act No. XLVII of 2023, s.70.
2Subs. by Act No. XXIV of 1936, s. 69.

Page 107 of 137

(2) Any animal or flesh brought into a cantonment in contravention of sub‑section (1) may be
seized by the Executive Officer or by any servant of the 1[Board] and sold or otherwise disposed of as
the 2[President of the Board] may direct, and, if it is sold, th e sale‑proceeds may be credited to the
cantonment fund.
(3) Whoever contravenes the provisions of sub‑section (1) shall be punishable with fine which
may extend to 3[five thousand] rupees.
(4) Nothing in this section shall be deemed to apply to cured or pr eserved meat or to animals
driven or meat carried through a cantonment for consumption outside thereof, or to meat brought into
a cantonment by any person for his immediate domestic consumption:
Provided that the 1[Board] may, by public notice, direct that the provisions of this section shall
apply to cured or preserved meat of any specified description or brought from any specified place.
_______
CHAPTER XIII.
WATER‑SUPPLY, DRAINAGE AND LIGHTING.
Water supply.
217. Maintenance of water-supply. (1) In every cantonment where a sufficient supply of pure
water for domestic use does not already exist, the 1[Board] shall provide or arrange for the provision
of such a supply.
(2) The 1[Board] shall, as far as possible, make adequate provision that such supply shall be
continuous throughout the year, and that the water shall be at all times pure and fit for human
consumption.
218. Control over sources of public water-supply. (1) The 1[Board] may, with the previous
sanction of the 4[Federal Government], by public notice, declare any lake, stream, spring, well, tank,
reservoir or other source, whether within or without the limits of the cantonment (other than a source
of water‑supply und er the control of the 5[Military Engineer] Services or the Public Works
Department) from which water is or may be made available for the use of the public in the cantonment
to be a source of public water‑supply.
(2) Every such source shall be under the control of the 1[Board].
219. Power to require maintenance or closing of private source of public drinking water
supply. The 1[Board] may, by notice in writing, require the owner or any person having the control of
any source of public water‑supply which is used for drinking purposes__
(a) to keep the same in good order and to clear it from time to time of silt, refuse
and decaying vegetation, or
(b) to protect the same from contamination in such manner as the 1[Board] may direct, or

1Subs. by Act No. XXIV of 1936, s. 69.
2Subs. by Act No. VIII of 1944, s. 8.
3Subs. by Act No. XLVII of 2023, s.71.
4Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.
5Subs. by Act No. VII of 1925, s. 9.

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(c) if the water ther ein is proved to the satisfaction of the 1[Board] to be unfit for
drinking purposes, to take such measures as may be specified in the notice to
prevent the public from having access to or using such water:
Provided that, in the case of a well, such person as aforesaid may, instead of complying with
the notice, signify in writing his desire to be relieved of all responsibility for the proper maintenance
of the well and his readiness to place it under the control and supervision of the 1[Board] for the use of
the public, and, if he does so, he shall not be bound to carry out the requisition, and the 1[Board] shall
undertake the control and supervision of the well.
220. Supply of water . (1) The 1[Board] may permit the owner, lessee or occupier of any
building or land to connect the building or land with a source of public water‑supply by means of
communication pipes of such size and description as it may prescribe for the purpose of obtaining
water for domestic use.
(2) The occupier of every building so connected with the water‑supply shall be entitled to have
for domestic use, in return for the water tax, if any, such quantity of water as the 1[Board] may
determine.
(3) All water supplied in excess of the quantity to which such supply is limited under
sub‑section (2) and, in a cantonment in which a water tax is not imposed, all water supplied under this
section, shall be paid for at such rate as the 1[Board] may fix.
(4) The supply of water for domestic use shall not be deemed to include any supply__
(a) for animals or for washing vehicles where such animals or vehicles are kept for
sale or hire ;
(b) for any trade, manufacture or business ;
(c) for fountains, swimming baths or any ornamental or mechanical purpose ;
(d) for gardens or for purposes of irrigation ;
(e) for making or watering roads or paths ; or
(f) for building purposes.
221. Power to require water supply to be taken. If it appears to the 1[Board] that any building
or land in the cantonment is without a proper supply of pure water, the 1[Board] may, by notice in
writing, require the owner, lessee or occupier of the building or land to obtain from a source of public
water‑supply such quantity of water as is adequate to the requirements of the persons usually
occupying or employ ed upon the building or land, and to provide communication pipes of the
prescribed size and description, and to take all necessary steps for the above purposes.

1Subs. by Act No. XXIV of 1936, s. 69.

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222. supply of water under agreement. (1) The 1[Board] may, by agreement, supply, from
any source of public water‑supply, the owner, lessee or occupier of any building or land in the
cantonment with any water for any purpose, other than a domestic purpose, on such terms and
conditions, consistent with this Act and the rules and bye‑laws made thereunder, as may be agreed
upon between the 1[Board] and such owner, lessee or occupier.
(2) The 1[Board] may withdraw such supply or curtail the quantity thereof at any time if it
should appear necessary to do so for the purpose of maintaining sufficient supply of water for domestic
use by inhabitants of the cantonment.
223. Board n ot liable for failure of supply. Notwithstanding any obligation imposed on
1[Boards] under this Act, a 1[Board] shall not be liable to any forfeiture, penalty or damages for failure
to supply water or for curtailing the quantity thereof if the failure or curtailment, as the case may be,
arises from accident or from drought or other unavoidable cause unless, in the case of an agr eement
for the supply of water under section 222, the 1[Board] has made express provision for forfeiture,
penalty or damages in the event of such failure or curtailment.
224. Conditions of universal application. Notwithstanding anything hereinbefore contained
or contained in any agreement under section 222, the supply of water by a 1[Board] to any building or
land shall be, and shall be deemed to have been, granted subject to the following conditions, namely:__
(a) the owner, lessee or occupier of any building or land in or on which water
supplied by the 1[Board] is wasted by reason of the pipes, drains or other works
being out of repair shall, if he has knowledge thereof, give notice of the same to
such officer as the 1[Board] may appoint in this behalf ;
(b) the Executive Officer or any other officer or servant of the 1[Board] authorised
by it in writing in this behalf may enter into or on any premises supplied with
water by the 1[Board], for the purpose of exami ning all pipes, taps, works and
fittings connected with the supply of water and of ascertaining whether there is
any waste or misuse of such water ;
(c) the 1[Board] may, after giving notice in writing, cut off the connection between
any source of public water‑supply and any building or land to which water is
supplied for any purpose therefrom, or turn off such supply if__
(i) the owner or occupier of the building or land neglects to pay the water
tax or other charges connected with the water‑supply within one month
from the date on which such tax or charge falls due for payment ;
(ii) the occupier refuses to admit the Executive Officer or other authorised
officer or servant of the 1[Board] into the building or land for the purpose
of making any examination or inquiry authorised by clause (b) or
prevents the making of such examination or inquiry ;
(iii) the occupier wilfully or negligently misuses or causes waste of water ;
(iv) the occupier wilfully or negligently injures or damages his meter or any
pipe or tap conveying water from the water‑works ;

1Subs. by Act No. XXIV of 1936, s. 69.

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(v) any pipes, taps, works or fittings connected with the supply of water to
the building or land are found, on examination by the Executive Officer,
to be out of repair to such an extent as to cause a waste of water ;
(d) the expense of cutting off the connection or of turning off the water in any case
referred to in clause (c) shall be paid by the owner or occupier of the building
or land ;
(e) no action taken under or in pursuance of clause (c) shall relieve any person from
any penalty or liability which he may otherwise have incurred.
225. Supply to persons outside cantonment. A 1[Board] may allow any person not residing
within the limits of the cantonment to take or be supplied with water for any purpose from any source
of public water‑supply on such terms as it may prescribe, and may at any time withdraw or curtail such
supply.
226. Penalty. Whoever__
(a) uses for other than domestic purposes any water supplied by a 1[Board] for
domestic use, or
(b) where water is supplied by agreement with a 1[Board] for a specified purpose,
uses that water for any other purpose,
shall be punishable with fin e which may extend to 2[one thousand] rupees, and the 1[Board] shall be
entitled to recover from him the price of the water misused.
Water, Drainage and other Connections.
227. Power of Board to lay wires, connections, etc. A 1[Board] may carry any cable, wire,
pipe, drain, sewer or channel of any kind,__
(a) for the purpose of carrying out, establishing or maintaining any system of
water‑supply, lighting, drainage, or sewerage, through, across, under or over
any road or street, or any place laid out or intended as a road or street, or, after
giving reasonable notice in writing to the owner or occupier, into, through,
across, under or over any land or building, or up the side of any building,
situated within the cantonment, or
(b) for the purpose of supplying water or of the introduction or distribution of
outfall of water or for the removal or outfall of sewage, after giving reasonable
notice in writing to the owner or occupier, into, through, across, under or over
any land or bu ilding, or up the side of any building, situated outside the
cantonment ;
and may at all times do all acts and things which may be necessary or expedient for repairing or
maintaining any such cable, wire, pipe, drain, sewer or channel in an effective state for the purpose for
which the same may be used or is intended to be used:

1Subs. by Act No. XXIV of 1936, s. 69.
2Subs. by Act No. XLVII of 2023, s.72.

Page 111 of 137

Provided that no nuisance shall be caused in excess of what is reasonably necessary for the
proper execution of the work:
Provided, further, that compensation shall be payable to the owner or occupier for any damage
sustained by him which is directly occasioned by the carrying out of any such operation.
228. Wires, etc., laid above surface of gro und. In the event of any cable, wire, pipe, drain,
sewer or channel being laid or carried above the surface of any land or through, over or up the side of
any building, such cable, wire, pipe, drain, sewer or channel shall be so laid or carried as to inter fere
as little as possible with the rights of the owner or occupier to the due enjoyment of such land or
building, and compensation shall be payable by the 1[Board] in respect of any substantial interference
with the right to any such enjoyment.
229. Connection with main not to be made without permission. No person shall, for any
purpose whatsoever, without the permission of the 1[Board], at any time make or cause to be made any
connection or communication with any cable, wire, pipe, drain, sewer or channel constructed or
maintained by, or vested in, a 1[Board].
230. Power to prescribe ferrules and to establish meters, etc. A 1[Board] may prescribe the
size of the ferrules to be used for the supply of gas, if any, and may establish meters or other appliances
for the purpose of testing the quantity of any water, or the quantity or quality of any gas supplied to
any premises by the 1[Board].
231. Power of inspection. The ferrules, communication pipes, connections, meters,
stand‑pipes and all fittings thereon or connected therewith leading from water mains or from pipes,
drains, sewers or channels into any house or land, to which water or gas is supplied by a 1[Board], and
the pipes, fittings, and works inside any such house or within the limits of any such land, shall in all
cases be 2[installed or] executed subject to the inspection and to the satisfaction of the 1[Board].
232. Power to fix rates and charges. A 1[Board] may fix the charges to be made for the
establishment by them or through their agency of communications from, and connections with, mains,
or pipes for the supply of water, or gas, or for meters or other appliances for testing the quantity or
quality thereof supplied, and may levy such charges accordingly.
Application of this Chapter to Government Water‑supplies.
233. Government water-supply. (1) Where in any cantonment there is a water‑supply under
the control of the 3[Military Engineer] Services or the Public Works Department, the Officer of the
3[Military Engineer] Services or of the Public Works Department, as the case may be, in charge of
such water‑supply (hereinafter in 1[this Chapter] referred to as the Officer) may publish in the
cantonment in such manner as he thinks fit a notice declaring that any lake, stream, spring, well, tank,
reservoir or other source, whether within or without the limits of the cantonment (other than a source
of public water‑supply) under the control of the 1[Board] is a source of public water‑supply and may,
for the purpose of keeping any such source in good order or of protecting it from contamination or
from use, require the 1[Board] to exercise any power conferred upon 4[it] by section 219.

1Subs. by Act No. XXIV of 1936, ss. 69 and 57.
2Ins. by the Repealing and Amending Act, 1930 (Act No. VIII of 1930), s. 2 and 1st Sch.
3Subs. by Act NO. VII of 1925), s. 9.
4Subs. by the Repealing and Amending Act, 1939 (Act No. XXXIV of 1939), s. 2 and 1st Sch.

Page 112 of 137

(2) In the case of any water‑supply such as is referred to in sub‑section (1), the following
provisions of this Chapter, namely, the provisions of sections 220, 222, 223, 224, 226, 227, 228, 229,
230, 231, and 232 shall, as far as may be, be applicable in respect of the supply of water to the
cantonment, and for the purpose of such application references to the 1[Board] shall be construed as
references to the Officer, and references to the Executive Officer or other officer or serv ant of the
1[Board] shall be construed as references to such person as may be authorised in this behalf by the
Officer.

2[(3) The provisions of section 222 shall be applicable in respect of the supply of water by
agreement to the Board by the Officer for use for any purpose other than a domestic purpose in like
manner as they are applicable to such supply to the owner, lessee or occupier of any building or land
in the cantonment.]
234. Recovery of charges. In any case in which the provisions of section 233 apply 1[and in
which the Board is not receiving a bulk supply of water under section 234A,] the watertax, if any,
imposed in the cantonment and all other charges arising out of the supply of water which may be
imposed under the provisions of this Chapter as applied by section 233 shall be recovered by the
1[Board], and all monies so recovered, or such proportion thereof as the 3[Federal Government] may
in each case determine, shall be paid by the 1[Board] to the Officer.
1[234A. Supply of water from Government watersupply to the Board. __(1) Where in any
cantonment there is a watersupply such as is referred to in sub‑section (1) of section 233, the Board
may 2[and so long as the Board is unable to provide a water‑supply of its own, it shall] receive from
the Military Engineer Services or the Public Works Department, as the case may be, at such point or
points as may be agreed upo n between the Board and the Officer, a supply of water adequate to the
requirements for domestic use of all persons in the cantonment other than entitled consumers.
(2) Any supply of water received under sub‑section (1) shall be a bulk supply, and the Boar d
shall make such payments to the Officer for all water so received as may be agreed upon between the
Board and the Officer, or, in default of such agreement, as may be determined by the 3[Federal
Government] to be reasonable having regard to the actual cost of supplying the water in the cantonment
and the rate charged for water in any adjacent municipality:
Provided that, notwithstanding anything contained in this Act, the Board shall not charge for
the supply to persons in the cantonment of water received by the Board under this section a rate
calculated to produce more than the sum of the payments made to the Officer for water received and
the actual cost of the supply thereof by the Board to consumers.
(3) If any dispute arises between the Board and the Officer regarding the amount of water
adequate to the requirements of persons in the cantonment other than entitled consumers, the dispute
shall be referred to the 3[Federal Government] whose decision shall be final.
234B. Functions of the Board in relation to distribution of bulk supply. Where under the
provisions of subsection (1) of section 234A a bulk supply of water is received by the Board, the
Board shall be solely responsible for the supply of water to all persons in the can tonment other than
entitled consumers; and the provisions of this Act shall apply as if such bulk supply were a source of
public

1Subs. and ins. by Act No. XXIV of 1936, ss. 69, 58 and 59.
2Ins. by Act No. XV of 1942, ss. 10 and 11.
3Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.

Page 113 of 137

watersupply under the control of the Board and as if the communications from and connections with
such bulk supply of the purpose of supplying water to such persons were a system of watersupply
established and maintained by the Board.]
______
CHAPTER XIV.
REMOVAL AND EXCLUSION FROM CANTONMENTS AND SUPPRESSION OF
SEXUAL IMMORALITY.
235. Power to remove brothels and prostitutes. The 1[Officer Commanding the station] may,
on receiving information that any building in the cantonment is used as a brothel or for purposes of
prostitution, by order in writing setting forth the substance of the information received, summon the
owner, lessee, tenant or occupier of the building to appear before him either in person or by an
authorised agent, and, if the 1[Officer Commanding the station] is then satisfied as to the truth of the
information, he may, by order in writing, direct the owner, lessee, tenant or occupier, as the case may
be, to discontinue such use of the building within such period as may be specified in the order.
236. Penalty for loitering and importuning for purposes of prostitution. (1) Whoever in a
cantonment loiters for the purpose of prostitution or importunes any person to the commission of
sexual immorality, shall be punishable with imprisonment which may extend to one month, or with
fine which may extend to 2[twenty thousand] rupees.
(2) No prosecution for an offence under this section shall be instituted except on the complaint
of the person importuned, or of a military officer in whose presence the offence was committed, or of
a member of the Military or Air Force Police, being employed in the cantonment and authorised in this
behalf by the 1[Officer Commanding the station], in whose presence the offence was committed, or
of a police officer not below the rank of a sub‑inspector 3[or a sergeant] who is employed in the
cantonment and authorised in this behalf by the 1[Officer Commanding the station] 3[with the
concurrence of the District Magistrate].
237. Removal of lewd person from cantonment. If the 1[Officer Commanding the station] is,
after such inquiry as he thinks nec essary, satisfied that any person residing in or frequenting the
cantonment is a prostitute or has been convicted of an offence under section 236, or of the abetment
of such an offence, he may cause to be served on such person an order in writing requiring such person
to remove from the cantonment within such time as may be specified in the order, and prohibiting such
person from re‑entering it without the permission in writing of the 1[Officer Commanding the station].
238. Removal and exclusion from canton ment of disorderly persons. (1) A Magistrate of
the first class, having jurisdiction in a cantonment, on receiving information that any person residing
in or frequenting the cantonment__
(a) is a disorderly person who has been convicted more than once of gaming or who
keeps or frequents a common gaming house, a disorderly drinking shop or a
disorderly house of any other description, or
(b) has been convicted more than once, either within the cantonment or elsewhere,
of an offence punishable under Chapter XVII of the Pakistan Penal Code (XLV
of 1860), or

1Subs. by Act No. VII of 1925, ss. 10 and 14.
2Subs. by Act No. XLVII of 2023, s.74.
3Ins. by Act No. VII of 1931, s. 7.

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(c) 1[* * * * * * *]
(d) has been ordered under Chapter VIII of the Code of Criminal Procedure, 1898 (V
of 1898), either within the cantonment or elsewhere, to execute a bond for his good
behaviour,
may record in writing the substance of the information received, and may issue a summons to such person
requiring such person to appear and show cause why he should not be required to remove from the
cantonment and be prohibited from re‑entering it.
(2) Every summons issued under sub‑section (1) shall be accompanied by a copy of the record
aforesaid, and the copy shall be served alongwith the summons on the person against whom the summons
is issued.
(3) The Magistrate shall, when the person so summoned ap pears before him, proceed to inquire
into the truth of the information received and take such further evidence as he thinks fit, and if, upon such
inquiry, it appears to him that such person is a person of any kind described in sub‑section (1) and that
it is necessary for the maintenance of good order in the cantonment that such person should be required to
remove therefrom and be prohibited from re‑entering the cantonment, the Magistrate shall report the
matter to the 2[Officer Commanding the station], and, if the 2[Officer Commanding the station] so directs,
shall cause to be served on such person an order in writing requiring him to remove from the cantonment
within such time as may be specified in the order and prohibiting him from re‑entering it without the
permission in writing of the 2[Officer Commanding the station].
239. Removal and exclusion from cantonment of seditious persons . (1) If any person in a
cantonment causes or attempts to cause or does any act which he knows is likely to cause disloyalty,
disaffection or breaches of discipline amongst any portion of 3[the armed forces of Pakistan] or is a person
who, the 2[Officer Commanding the station] has reason to believe, is likely to do any such act, the 2[Officer
Commanding the station] m ay make an order in writing setting forth the reasons for the making of the
same and requiring such person to remove from the cantonment within such time as may be specified
in the order and prohibiting him from re‑entering it without the permission in writing of the 2[Officer
Commanding the station]:
Provided that no order shall be made under this section against any person unless he has had a
reasonable opportunity of being informed of the grounds on which it is proposed to make the order and of
showing cause why the order should not be made.
(2) Every order made under sub‑section (1) shall be sent to the Superintendent of Police of the
district, who shall cause a copy thereof to be served on the person concerned.
(3) Upon the making of any order und er sub‑section (1), the 2[Officer Commanding the station]
shall forthwith send a copy of the same to the 4[Federal Government].
(4) The 4[Federal Government] may, of its own motion, and shall, on application, made to it in this
behalf within one month of the date of the order by the person against whom the order has been made, call
upon the District Magistrate to make, after such inquiry as the 4[Federal Government] may prescribe, a
report regarding the justice of the order and the necessity therefor. At every such inquiry the person against
whom the order has been made shall be given an opportunity of being heard in his own defence.

1Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (Ordinance No. XXVIII of 1981), s. 3 and Sch. II.
2Subs. by Act No. VII of 1925), s. 14.
3Subs. by Central Laws (Adaptation) Order, 1961 (P.O. No. 1 of 1961) (with effect from the 23rd March, 1956).
4Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.

Page 115 of 137

(5) The 1[Federal Government] may, at any time after the receipt of a copy of an order sent
under sub‑section (3), or where a report has been called for under sub‑section (4), on receipt of that
report, if it is of opinion that the order should be varied or rescinded, 2[make such order thereon as it
thinks fit].
(6) Any person who has been excluded from a cantonment by an order made under this section
may, at any time after the expiry of one month from the date thereof, apply to the 3[Competent
Authority] for the rescission of the same and, on such application being made, the said Officer may,
after making such inquiry, if any, as he thinks necessary, either reject the application or rescind the
order.
240. Penalty. Whoever__
(a) fails to comply with an order issued under this Chapter within the period
specified therein, or, whilst an order prohibiting him from re‑entering a
cantonment without permission is in force, re‑enters the cantonment without
such permission, or
(b) knowing that any person has, under this Chapter, been required to remove from
the cantonment and has not obtained the requisite permission to reenter it,
harbours or conceals such person in the cantonment,
shall be punishable with fine which may extend to 4[twenty thousand] rupees, and, in the case of a
continuing offence, with an additional fine which may extend to 4[five hundred] rupees for every day
after the first during which he has persisted in the offence.
_______
CHAPTER XV.
POWERS, PROCEDURE, PENALTIES AND APPEALS.
Entry and Inspection.
241. Powers of entry. It shall be lawful for the President or the VicePresident of a Board, or
the Executive Officer, or the Health Officer or Assistant Health Officer, or any person specially
authorised by the Health Officer or the Assistant Health Officer, or for any other person authorised by
general or special order of a 5[Board] in this behalf, to enter into or upon any building or land with or
without assistants or workmen in order to make any inquiry, inspection, measurement, valuation or
survey, or to execute any work, which is authorised by or under this Act or which it is necessary to
make or execute for any of the purposes or in pursuance of any of the provisions of this Act or of any
rule, bye‑law or order made thereunder:
Provided that nothi ng in this section shall be deemed to confer upon any person any power
such as is referred to in section 207 or section 215 or to authorise the conferment upon any person of
any such power.

1Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.
2Subs. by A. O., 1937.
3Subs. by Ordinance No. XLIV of 1979, s. 2.
4Subs. by Act No. XLVII of 2023, s. 75.
5Subs. by Act No. XXIV of 1936, s. 69.

Page 116 of 137

242. Powers of inspection by member of a Board. With the previous sanction of the
President, any member of a Board may inspect any work or institution constructed or maintained, in
whole or part, at the expense of the Board, and any register, book, accounts or other document
belonging to, or in the possession of, the Board.
243. Powers of inspection, etc. (1) A 1[Board] may, by general or special order, authorise any
person__
(a) to inspect any drain, privy, latrine, urinal, cesspool, pipe, sewer or channel in or
on any building or land in the cantonment, and, in his discretion, to cause the
ground to be opened for the purpose of preventing or removing any nuisance
arising from the drain, privy, latrine, urinal, cesspool, pipe, sewer or channel, as
the case may be ;
(b) to examine works under co nstruction in the cantonment, to take levels or to
remove, test, examine, replace or read any meter.
(2) If, on such inspection, the opening of the ground is found to be necessary for the prevention
or removal of a nuisance, the expenses thereby incurred shall be paid by the owner or occupier of the
land or building, but if it is found that no nuisance exists or but for such opening would have arisen ,
the ground or portion of any building, drain or other work opened, injured or removed for the purpose
of such inspection shall be filled in, reinstated, or made good, as the case may be, by the 1[Board].
244. Power to enter land adjoining land where work is in progress. (1) The Executive
Officer of a cantonment may, with or without assistants or workmen, enter on any land within fifty
yards of any work authorised by or under this Act for the purpose of depositing thereon any soil, gravel,
stone or other materials, or of obtaining access to such work, or for any other purpose connected with
the carrying on of the same.
(2) The Executive Officer shall, before entering on any land under sub‑section (1), give the
occupier, or, if there is no occupier, the owner not less than three days' previous notice in writing of
his intention to make such entry, and shall state the purpose thereof, and shall, if so required by the
occupier or owner, fence off so much of the land as may be required for such purpose.
(3) The Executive Officer shall, in exercising any power conferred by this section, do as little
damage as may be, a nd compensation shall be payable by the 1[Board] to the owner or occupier of
such land, or to both, for any such damage whether permanent or temporary.
245. Breaking into premises. It shall be lawful for any person, authorised by or under this Act
to make any entry into any place, to open or cause to be opened any door, gate or other barrier__
(a) if he considers the opening thereof necessary for the purpose of such entry ; and
(b) if the owner or occupier is absent, or being present refuses to open such door,
gate or barrier.
246. Entry to be made in the day time. Save as otherwise expressly provided in this Act, no
entry authorised by or under this Act shall be made except between the hours of sunrise and sunset.

1Subs. by Act No. XXIV of 1936, s. 69.

Page 117 of 137

247. Owner’s consent ordinarily to be obtained. Save as otherwise expressly provided in
this Act, no building or land shall be ente red without the consent of the occupier, or if there is no
occupier, of the owner thereof, and no such entry shall be made without giving the said occupier or
owner, as the case may be, not less than four hours' written notice of the intention to make such entry:
Provided that no such notice shall be necessary if the place to be inspected is a stable for horses
or a shed for cattle, or a latrine, privy or urinal, or a work under construction.
248. Regard to be had to social and religious usages. When any place used as a human
dwelling is entered under this Act, due regard shall be paid to the social and religious customs and
usages of the occupants of the place entered, and no apartment in the actual occupancy of a female
shall be entered or broken open until she has been informed that she is at liberty to withdraw and every
reasonable facility has been afforded to her for withdrawing.
249. Penalty for obstruction. Whoever obstructs or molests any person employed by a
1[Board], who is not a public servant within the meaning of section 21 of the Pakistan Penal Code
(XLV of 1860), or any person with whom the 1[Board] has lawfully contracted, in the execution of his
duty or of anything which he is empowered or required to do by virtue or in consequence of any of the
provisions of this Act or of any rule, bye‑law or order made thereunder, or in fulfilment of his contract,
as the case may be, shall be punishable with fine which may extend to 2[five thousand] rupees.
Powers and Duties of Police Officers.
250. Arrest without warrant. Any member of the police force employed in a cantonment
may, without a warrant, arrest any person committing in his view a breach of any of the provisions of
this Act which are specified in Schedule IV:
Provided that__
(a) in the case of the breach of any such provision as is specified in Part B of
Schedule IV, no person shall be so arrested who consents to give his name and
address, unless there is reasonable ground for doubting the accuracy of the name
or address so given, th e burden of proof of which shall lie on the arresting
officer, and no person so arrested shall be detained after his name and address
have been ascertained ; and
(b) no person shall be so arrested for an offence under section 236 except__
(i) at the request of the person importuned or of a military officer in whose
presence the offence was committed ; or
(ii) by or at the request of a member of the Military or Air Force Police, who
is employed in the cantonment and authorised in this behalf by the
3[Officer Commanding the station], and in whose presence the offence
was committed or by or at the request of any p olice officer not below
the rank of a sub‑inspector who is employed in the cantonment and
authorised in this behalf by the 3[Officer Commanding the station].

1Subs. by Act No. XXIV of 1936, s. 69.
2Subs. by Act No. XLVII of 2023, s.76.
3Subs. by Act No. VII of 1925, s. 14.

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251. Duties of police officers. It shall be the duty of all police officers to give immediate
information to the 1[Board] of the commission of any offence against the provisions of this Act or of any
rule or bye‑law made thereunder, and to assist all cantonment officers and servants in the exercise of their
lawful authority.
Notices.
252. Notices to fix reasonable time. Where any notice, order or requisition made under this Act
or any rule or bye‑law made thereunder requires anything to be done for the doing of which no time is fixed
in this Act or in the rule or bye‑law, the notice, order or requisition shall specify a reasonable time for doing
the same.

253. Authentication and validity of notices issued by Board. Every notice, order or requisition
issued by a 1[Board] under this Act or any rule or bye‑law made thereunder shall be signed__
(a) 1[***] either by the President of the Board or by the Executive Officer, or, 1[***]
(b) by the members of any committee especially authorised by the 1[Board] in this
behalf.
254. Service of notice, etc. (1) Every notice, order or requisition issued under this Act or any rule
or bye‑law made thereunder shall, save as otherwise expressly provided, be served or presented__
(a) by giving or tendering the notice, order or requisition, or sending it by post, to the
person for whom it is intended ; or
(b) if such person cannot be found, by affixing the notice, order or requisition on some
conspicuous part of his last known place of abode or business, if within the
cantonment, or by giving or tendering the notice, order or requisition to some adult
male member or servant of his family, or by causing it to be affixed on so me
conspicuous part of the building or land, if any, to which it relates.
(2) When any such notice, order or requisition is required or permitted to be served upon an owner,
lessee or occupier of any building or land, it shall not be necessary to name the owner, lessee or occupier
therein, and the service thereof shall, save as otherwise expressly provided, be effected either__
(a) by giving or tendering the notice, order or requisition, or sending it by post, to the
owner, lessee or occupier, or, if there are more owners, lessees or occupiers than
one 2[to any one of them] ; or
(b) if no such owner, lessee or occupier can be found, by giving or tendering the notice,
order or requisition to the authorised agent, if any, of any such owner, lessee or
occupier, or to an adult male member or servant of the family of any such owner,
lessee or occupier, or by causing it to be affixed on some conspicuous part of the
building or land to which it relates.
(3) When the person on whom a notice, order or requisition is to be served is a minor, service upon
his guardian or upon an adult male member or servant of his family shall be deemed to be service upon the
minor.

1Subs. and omitted by Act No. XXIV of 1936, ss. 69 and 60.
2Subs. by the Repealing and Amending Act, 1940 (Act No. XXXII of 1940), s. 3 and 2nd Sch.

Page 119 of 137

255. Method of giving notice. Every notice which, by or under this Act, is to be given or
served as a public notice or as a notice which is not required to be given to any individual therein
specified shall, save as otherwise expressly provided, be deemed to have been sufficiently given or
served if a copy thereof is affixed in such conspicuous part of the office of the 1[Board] or in such
other public place, during such period, or is published in such local newspaper 2[or published on
Board’s official website] or in such other manner, as the 1[Board] may direct.
256. Powers of Board in case of noncompliance with notice, etc. In the event of
non‑compliance with the terms of any notice, order or requisition issued to any person under this Act,
or any rule or bye‑law made thereunder, requiring such person to execute any work or to do any act, it
shall be lawful for the 1[Board], whether or not the person in default is liable to punishment for such
default or has been prosecuted or sentenced to any punishment therefor, after giving notice in writing
to such person, to take such action or such steps as may be necessary for the completion of the act or
work required to be done or executed by him, and all the expenses incurred on such account shall be
recoverable by the 1[Board].
Recovery of Money.
257. Liability of occupier to pay in default of owner. (1) If any such notice as is referred to
in section 256 has been given to any person in respect of property of which he is the owner, the 1[Board]
may require any occupier of such property or of any part thereof to pay to it, instead of to the owner,
any rent payable by him in respect of such property, as it falls due, up to the amount recoverable from
the owner under section 256:
Provided that, if the occupier, on application made to him by the 1[Board], refuses truly to
disclose the amount of his rent or the name or address of the person to whom it is payable, the 1[Board],
may recover from the occupier the whole amount recoverable under section 256.
(2) Any amount recovered from an occupier instead of from an owner under sub‑section (1)
shall, in the absence of any contract between the owner and the occupier to the contrary, be deemed to
have been paid to the owner.
258. Relief to agents and trustees. (1) Where any person, by reason of his receiving the rent
of immoveable property as an agent or trustee, or of his being as an agent or trustee the person who
would receive the rent if the property were let to a tenant, would under this Act be bound to discharge
any obligation imposed on the owner of the property for the discharge of which money is required, he
shall not be bound to discharge the obligation unless he has, or but for his own improper act or default
might have had, funds in his hands belonging to the owner sufficient for the purpose.
(2) The burden of proving any fact entitling an agent or trustee to relief under sub‑section (1)
shall lie upon him.
(3) Where any agent or trustee has claimed and established his right to relief under this section,
the 1[Board] may, by notice in writing, require him to apply to the discharge of such obligation as
aforesaid the first monies which may come to his hands on behalf, or for the use, of the owner, and, on
failure to comply with the notice, he shall be deemed to be personally liable to discharge the obligation.

1Subs. by Act No. XXIV of 1936, s. 69.
2Ins. by Act No. XLVII of 2023, s.77.

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1[259. Method of recovery. __(1) Notwithstanding anything elsewhere contained in this Act,
arrears of any tax and any other money recoverable by a Board under this Act may be recovered
together with the cost of recovery either by suit or, on application to a Magistrate having jurisdi ction
in the cantonment or in any place where the person from whom such tax or money is recoverable may
for the time being be residing . by the distress and sale of any moveable property 2[, or by sealing,
attachment and sale of immovable property of] , such person which is within the limits of such
Magistrate’s jurisdiction, and shall, if payable by the owner of any property as such, be a charge on
the property until paid:
Provided that the tools of artisans shall be exempt from such distress or sale.
(2) An application to a Magistrate under sub‑section (1) shall be in writing and shall be signed
by the President or VicePresident of the Board or by the Executive Officer, but shall not require to be
personally presented.]
Committees of Arbitration.
260. Application for a Committee of Arbitration. In the event of any disagreement as to the
liability of a 1[Board] to pay any compensation under this Act, or as to the amount of any compensation
so payable, the person claiming such compensation may apply to the 1[Board] for the reference of the
matter to a Committee of Arbitration, and the 1[Board] shall forthwith proceed to convene a Committee
of Arbitration to determine the matter in dispute.
261. Procedure for convening Committee of Arbitration. When a Committee of Arbitration
is to be convened, the 1[Board] shall cause a public notice to be published stating the matter to be
determined, and shall forthwith send copies of the order to the District Magistrate, and to the other
party concerned, and shall, as soon as may be, nominate such members of the Committee, as it is
entitled to nominate under section 262, and, by notice in writing, call upon the other persons who are
entitled to nominate a member or members of the Committee to nominate such member or members
in accordance with the provisions of that section.
262. Constitution of Committee of Arbitration . (1) Every Committee of Arbitration shall
consist of five members, namely:__
(a) a Chairman who shall be a person not in the service of the 3[State] or the
1[Board], and who shall be nominated by the 4[Officer Commanding the station]
;
(b) two persons nominated by the 1[Board] ; and
(c) two persons nominated by the other party concerned, 1[* * *].
(2) If the 1[Board] or the other party concerned or the 4[Officer Commanding the station] fails
within seven days of the date of issue of the notice referred to in section 261 to make any nomina tion
which it or he is entitled to make or, if any member who has been so nominated neglects or refuses to

1Subs. and omitted by Act No. XXIV of 1936, ss. 61, 69 and 62.
2Subs. by Act No. XLVII of 2023, s.78.
3Subs. by Central Laws (Adaptation) Order, 1961 (P.O No. 1 of 1961), Art. 2 and Sch. (with effect from the 23rd March, 1956).
4Subs. by Act No. VII of 1925, s. 14.

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act and the 1[Board] or other person by whom such member was nominated fails to nominate another
member in his place within seven days from the date on which it or he may be called upon to do so by
the District Magistrate, the District Magistrate shall forthwith appoint a member or members, as the
case may be, to fill the vacancy or vacancies.
263. No person to be nominated who has direct interest or whose services are not
immediately available. (1) No person who has a direct interest in the matter under reference, or whose
services are not immediately available for the purposes of the Committee, shall be nominated a member
of a Committee of Arbitration.
(2) If, in the opinion of the District Magistrate, any person who has been nominated has a direct
interest in the matter under reference, or is otherwise disqualified for nomination, or if the services of
any such pe rson are not immediately available as aforesaid, and if the 1[Board] or other person by
whom any such person was nominated fails to nominate another member within seven days from the
date on which it or he may be called upon to do so by the District Magist rate, such failure shall be
deemed to constitute a failure to make a nomination within the meaning of section 262.
264. Meetings and Powers of Committees of Arbitration. (1) When a Committee of
Arbitration has been duly constituted, the 1[Board] shall, by notice in writing, inform each of the
members of the fact, and the Committee shall meet as soon as may be thereafter.
(2) The Chairman of the Committee shall fix the time and place of meetings, and shall have
power to adjourn any meeting from time to time as may be necessary.
(3) The Committee shall receive and record evidence, and shall have power to administer oaths
to witnesses, and, on requisition in writing signed by the Chairman of the Committee, the District
Magistrate shall issue the necessary proce sses for the attendance of witnesses and the production of
documents required by the Committee, and may enforce the said processes as if they were processes
for attendance or production before himself.
265. Decision of Committees of Arbitration . (1) The decision of every Committee of
Arbitration shall be in accordance with the majority of votes taken at a meeting at which the Chairman
and at least three of the other members are present.
(2) If there is not a majority of votes in favour of any pro posed decision, the opinion of the
Chairman shall prevail.
(3) The decision of a Committee of Arbitration shall be final and shall not be questioned in any
Court.
Prosecutions.
266. Prosecution. 1[(1)] Save as otherwise expressly provided in this Act, no Court shall
proceed to the trial of any offence made punishable by or under this Act, other than an offence specified
in Schedule IV, except on the complaint of, or upon information received from, the 1[Board] concerned
or a person authorised by the 1[Board] by a general or special order in this behalf.

1Subs. and renumbered by Act No. XXIV of 1936, ss. 69 and 63.

Page 122 of 137

1[(2) No offence made punishable under this Act shall be tried by any Magistrate or by any
Bench, if such Magistrate or any of the Magistrates composing the Bench is a member of the Board.]
267. Compensation of offence. (1) A 1[Board] or any person authorised by it, by general or
special order in this behalf, may, either bef ore or after the institution of the proceedings, compound
any offence made punishable by or under this Act other than an offence under Chapter XIV:
Provided that no offence shall be compoundable which is committed by failure to comply with
a notice, order or requisition issued by or on behalf of the 1[Board], unless and until the same has been
complied with in so far as compliance is possible.
(2) Where an offence has been compounded, the offender, if in custody, shall be discharged
and no further proceedings, shall be taken against him in respect of the offence so compounded.
General Penalty Provisions.
268. General penalty. Whoever, in any case in which a penalty is not expressly provided by
this Act, fails to comply with any notice, order or requisition i ssued under any provision thereof, or
otherwise contravenes any of the provisions of this Act, shall be punishable with fine which may
extend to two hundred rupees, and, in the case of a continuing failure or contravention, with an
additional fine which ma y extend to twenty rupees for every day after the first during which he has
persisted in the failure or contravention.
2[268A. Orderly use of building.__(l) No building shall be put to unauthorized use.
(2) Where a building is put to a use in violation of sub-section (l), the executive officer shall
serve a notice allowing seven days for discontinuation of the un-authorized use.
(3) Where a person to whom a notice has been issued under sub-section (2), fails to discontinue
the unauthorized use, the executive officer may impose upon such person a daily fine of ten thousand
rupees and where the violation continues for thirty days from the date of imposition of fine, the
executive officer may seal the building or property which sha ll continue till the recovery of fine and
restoration of authorized use.]
269. Cancellation and suspension of licences. Where any person to whom a licence has been
granted under this Act or any agent or servant of such person commits a breach of any of the conditions
thereof, or of any bye‑law made under this Act for the purpose of regulating the manner or
circumstances in, or the conditions subject to, which anything permitted by such licence is to be or
may be done, the 1[Board] may, without prejudice to any other penalty which may have been incurred
under this Act, by order in writing, cancel the licence or suspend it for such period as it thinks fit:
Provided that no such order shall be made until an opportunity has been given to the holder of
the licence to show cause why it should not be made.
270. Recovery of amount payable in respect of damage to cantonment property. Where
any person has incurred a penalty by reason of having caused any damage to the property of a 1[Board],
he shall be liable to make good such damage, and the amount payable in respect of the damage shall,
in case of dispute, be determined by the Magis trate by whom the person incurring such penalty is
convicted, and, on non‑payment of such amount on demand, the same shall be recovered by distress

1Added and subs. by Act No. XXIV of 1936, ss. 63 and 69.
2Ins. by Act No. XLVII of 2023, s.79.

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and sale o f the moveable property of such persons, and the Magistrate shall issue a warrant for its
recovery accordingly.
Limitation.
271. Limitation for prosecution. No Court shall try any person for an offence made
punishable by or under this Act, after the expiry of six months from the date of the commission of the
offence, unless complaint in respect of the offence has been made to a Magistrate within the six months
aforesaid.
Suits.
272. Protection of 1[Board], Executive Officer, etc. No suit or prosecution shall be
entertained in any Court against any 1[Board] 1[* * *] or against any 2[Officer Commanding a station],
or against any member of a Board, or against any officer or servant of a 1[Board], for anything in good
faith done, or intended to be done, under this Act or any rule or byelaw made thereunder.
273. Notice to be given of suits. (1) No suit shall be instituted against any 1[Board] or against
any member of a Board, or against any officer or servant of a 1[Board], in respect of any act done, or
purporting to have been done, in pursuance of this Act or of any rule or byelaw made thereunder, until
the expiration of two months after notice in writing has been left at the office of the 1[Board], and, in
the case of such member officer or servant, unless notice in writing has also been delivered to him or
left at his office or place of a bode, and unless such notice states explicitly the cause of action, the
nature of the relief sought, the amount of compensation claimed, and the name and place of abode of
the intending plaintiff, and unless the plaint contains a statement that such notice has been so delivered
or left.
(2) If the 1[Board], member, officer or servant has, before the suit is instituted, tendered
sufficient amends to the plaintiff, the plaintiff shall not recover any sum in excess of the amount so
tendered, and shall also pay all costs incurred by the defendant after such tender.
(3) No suit, such as is described in sub‑section (1), shall, unless it is an action for the recovery
of immoveable property or for a declaration of title thereto, be instituted after the expiry of six months
from the date on which the cause of action arises.
(4) Nothing in sub‑section (1) shall be deemed to apply to a suit in which the only relief claimed
is an injunction of which the object would be defeated by the giving of the notice or the postponement
of the institution of the suit or proceeding.

Appeals and Revision.

274. Appeals from executive orders. (1) Any person aggrieved by any order described in the
second column of Schedule V may appeal to the authority specified in that behalf in the third column
thereof.
(2) No such appeal shall be admitted if it is made after the expiry of the period specified in that
behalf in the fourth column of the said Schedule.
(3) The period specified as aforesaid shall be computed in accordance with the provi sions of
the Limitation Act, 1908 (IX of 1908), with respect to the computation of periods of limitation there
under.
1Subs. and repealed by Act No. XXIV of 1936, ss. 69 and 64.
2Subs. by Act No. VII of 1925, s. 11.

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275. Petition of appeal . (1) Every appe al under section 274 shall be made by petition in writing
accompanied by a copy of the order appealed against.
(2) Any such petition may be presented to the authority which made the order against which the
appeal is made, and that authority shall be bound to forward it to the appellate authority, and may attach
thereto any report which it may desire to make by way of explanation.
276. Suspension of action pending appeal. On the admission of an appeal from an order, other
than an order contained in a notice issued under clause (a) of section 137, section 140, section 176, or
section 238, all proceedings to enforce the order and all prosecutions for any contravention thereof shall be
held in abeyance pending the decision of the appeal, and, if the order is set aside on appeal, disobedience
thereto, shall not be deemed to be an offence.
277. Revision. 1[* * * * * * *]
1[(1)] Where an appeal from an order made by the 2[Board] has been disposed of by the 3[Regional
Director] 2[either party to the proceedings] may, within thirty days from the date thereof, apply, through
the 4[Competent Authority] to the 3[Director General], or to such authority as the 3[secretary administrative
division] may appoint in this behalf, for a revision of the decision.
1[(2)] The provisions of this Chapter with respect to appeals shall apply, as far as may be, to
applications for revision made under this section.
278. Finality of appellate orders. Save as otherwise provided in section 277 every order of an
appellate authority shall be final.
279. Right of appellant to be heard. No appeal shall be decided under this Chapter unless the
appellant has been heard, or has had a reasonable opportunity of being heard in person or through a legal
practitioner.
_______
CHAPTER XVI.
RULES AND BYE‑LAWS.
280. Power to make rules. (1) The 5[Federal Government] may, after previous publication, make
rules to carry out the purposes and objects of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely :__
(a) the manner in which, and the authority to which, application for permission to
occupy land belonging to 6[the Government] in a cantonment is to be made ;

1Omitted and renumbered by Act No. XXXV of 1926, s. 9.
2Subs. by Act No. XXIV of 1936, ss. 69 and 65.
3Subs. by Act No. XLVII of 2023, s. 80.
4Subs. by Ordinance No. XLIV of 1979, s. 2.
5Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.
6Subs. by A.O., 1961, Art. 2 (with effect from the 23rd March, 1956).

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(b) the authority by which such permission may be granted and the conditions to
be annexed to the grant of any such permission ;
1[(ba) the classification, reclassification, sub -classification, usage, disposal, transfer,
management or administration of land vested in the Federal Government
including military lands;]
2[(bb) the allotment to a 3[Board] of a share of the rents and profits accruing from
property entrusted to its management under the provisions of section 116A ;]
(c) the appointment, control, supervision, 4[conditions of service, transfer,]
suspension, removal, dismissal and punishment of servants of 3[Boards] ;
(cc) 5[* * * * * * *]

(d) the circumstances in which security shall be demanded from servants of
3[Boards] and the amount and nature of such security ;
(e) the grant of leave, absentee or acting allowance to servants of 3[Boards];
(f) the creation and management of Provident Funds, and the circumstances in
which, and the conditions subject to which, contributions thereto shall be made
from cantonment funds and by servants of 3[Boards] ;
(g) the keeping of accounts by 3[Boards] and the manner in which such accounts
shall be audited and published ;
(h) the definition of the persons by whom, and the manner in which, money may be
paid out of a cantonment fund ;
(hh) 3[* * * * * * *]
(i) the preparation of estimates of income and expenditure by 3[Boards] and the
definition of the persons by whom, and the conditions subject to which, such
estimates may be sanctioned ;
(j) the regulation of the procedure of Committees of Arbitration ; and
(k) the prescribing of registers, statements and forms to be used and maintained by
any authority for the purposes of this Act.
281. Supplemental provisions respecting rules. (1) A rule under section 280 may be made
either generally for all cantonments or for the whole or any part of any one or more cantonments.

1Ins. by Act No. XLVII of 2023, s. 81.
2Ins. by Act No. VII of 1925, s. 12.
3Subs. and omitted by Act No. XXIV of 1936, ss. 69 and 66.
4Ins. by Act No. XXIII of 1953, s. 2.
5Omitted by Act No. XXV of 1952, s. 3.

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(2) All rules so made shall be published in the 1[official Gazette] and in such other manner, if
any, as the 2[Federal Government] may direct and, on such publication, shall have effect as if enacted
in this Act.
3[281A. Power to make regulations relating to military lands.__Subject to the provisions of
this Act and the rules made thereunder, the Federal Government by way of regulations may apportion
the military lands, determine the usages of the military lands and all other matters connected with and
incidental thereto.]
282. Power to make byelaws. Subject to the provisions of this Act and of the rules made
thereunder, a 4[Board] may, in addition to any bye‑laws which it is empowered to make by any other
provision of this Act, make bye‑laws to provide for all or any of the following matters in the
cantonment, namely :__
(1) the registration of births, deaths and marriages, and the taking of a census ;
(2) the enforcement of compulsory vaccination ;
3[(3) the regulation of the collection and recovery of taxes, development charges, tolls and fees
under this Act and the refund thereof;]
(4) the regulation or prohibition of any description of traffic in the streets ;
(5) the manner in which vehicles 3[parking,] standing, driven, led or propelled in the streets
between sunset and sunrise shall be lighted ;
(6) the seizure and confiscation of ownerless animals straying within the limits of the
cantonment ;
(7) the prevention and extinction of fire ;
(8) the construction of scaffolding for building operations to secure the safety of the general
public and of persons working thereon ;
(9) the regulation in any manner not specifically provided for in this Act of the construction,
alteration, maintenance, preservation , cleaning, and repairs of drains, ventilation‑shafts, pipes,
water‑closets, privies, latrines, urinals, cesspools and other drainage works ;
(10) the regulation of prohibition of the discharge into, or deposit in, drains or sewage, polluted
water and other offensive or obstructive matter ;
(11) the regulation or prohibition of the stabling or herding of animals, or of any class of
animals, so as to prevent danger to public health ;
(12) the proper disposal of corpses, the regulation and management of burial and burning places
and other places for the disposal of corpses, and the fees chargeable for the use of such places where
the same are provided or maintained by Government or at the expense of the cantonment fund ;

1Subs. by A.O., 1937.
2Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.
3Ins. and subs. by Act No. XLVII of 2023, ss. 82 and 83.
4Subs. by Act No. XXIV of 1936, s. 69.

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(13) the permission, regulation or prohibition of the use or occupation of any street or place by
itinerant vendors or by any person for the sale of articles or the exercise of any calling or the setting
up of any booth or stall, and the fees chargeable for such use or occupation ;
(14) the regulation and control of encamping grounds , pounds, washing‑places, serais, hotels,
dak‑bungalows, lodging‑houses, boarding‑houses, buildings let in tenements, residential clubs,
restaurants, eatinghouses, cafes, refreshment‑rooms and places of public recreation, entertainment or
resort ;
(15) the regulation of the ventilation, lighting, cleansing, drainage and water‑supply of the
buildings used for the manufacture or sale of aerated or other potable waters and of butter, milk,
sweetmeats and other articles of food or drink for human consumption ;
(16) the matters regarding which conditions may be imposed by licences granted under section
210 ;
(17) the control and supervision of places where dangerous or offensive trades are carried on
so as to secure cleanliness therein or to minimise any injurious, offensive or dangerous effects arising
or likely to arise therefrom ;
(18) the regulation of the erection of any enclosure, fence, tent, awning or other temporary
structure of whatsoever material or nature 1[BTS tower] on any land situated within the cantonment
1[except on military lands] ;
(19) the laying out of streets, and t he regulation and prohibition of the erection of buildings
without adequate provision being made for the laying out and location of streets ;
(20) the regulation of the use of public parks and gardens and other public places, and the
protection of avenues, trees, grass and other appurtenances of streets and other public places ;
(21) the regulation of the grazing of animals ;
(22) the fixing and regulation of the use of public bathing and washing places ;
(23) the regulation of the posting of bills and adve rtisements, and of the position, size, shape
or style of name‑boards, sign‑boards and sign‑posts ;
(24) the fixation of a method for the sale of articles whether by measure, weight, piece or any
other method ;
(25) the rendering necessary of licences within the cantonment__
(a) for persons working as job porters for the conveyance of goods ;
(b) for animals or vehicles let out on hire ;
(c) for the proprietors or drivers of vehicles, boats or other conveyances, or of
animals kept or plying for hire ; 2[*]

1Ins. by Act No. XLVII of 2023, s. 83.
2Omitted by Act No. XV of 1942, s. 12.

Page 128 of 137

(d) for persons impelling or carrying such vehicles or other conveyances ; 1[or
(e) for persons practising as nurses, midwives or dias ;]
(26) the prescribing of the fee payable for any licence required under clause (25), and of the
conditions subjects to which such licences may be granted, revised, suspended or withdrawn ;
(27) the regulation of the charges to be made for the services of such job porters and of the hire
of such animals, vehicles or other conveyances, and for the remuneration of persons impelling or
carrying such vehicles or conveyances as are referred to in clause (25) ;
(28) the regulation or prohibition, for purposes of sanitation or the prevention of disease or the
promotion of public safety or convenience, of any act which occasions or is likely to occasion a
nuisance, and for the regulation or prohibition of which no provision is made elsewhere by or under
this Act ;
(29) the circumstances and the manner in which owners of buildings or land in the cantonment,
who are temporarily absent from, or are not resident in, the cantonment, may be required to appoint as
their agents, for all or any of the purposes of this Act or of any rule or bye‑law made thereunder,
persons residing within or near the cantonment ;
(30) the prevention of the spread of infectious or contagious diseases within the cantonment ;
(31) the seggregation in or the removal and exclusion from, the cantonment, or the destruction,
of animals suffering or reasonably suspected to be suffering from any infectious or contagious disease
;
(32) the supervision, regulation, conservation and protection from injury, contamination or
trespass of sources and means of public wa ter‑supply and of appliances for the distribution of water
whether within or without the limits of the cantonment ;
(33) the manner in which connections with water‑work may be constructed or maintained, and
the agency which shall or may be employed for such construction and maintenance ;
(34) the regulation of all matters and things relating to the supply and use of water including
the collection and recovery of charges therefor and the prevention of evasion of the same ;
(35) the maintenance of schools, and the furtherance of education generally ;
(36) the regulation or prohibition of the cutting or destruction of trees or shrubs, or of the
making of excavations, or of the removal of soil or quarrying, where such regulation or prohibition
appears to the 2[Board] to be necessary for the maintenance of a water‑supply, the preservation of the
soil, the prevention of landslips or of the formation of ravines or torrents, or the protection of land
against erosion or against the deposit thereon of sand, gravel or stones ;
(37) the rendering necessary of licences for the use of premises within the cantonment as stables
or cowhouses or as accommodation for sheep, goats or fowls ;
(38) the control of the use in the cantonment of mechanical whistles, syrens or trumpets ; 3[*]
1Added by Act No. XV of 1942, s. 12.
2Subs. by Act No. XXIV of 1936, s. 69.
3Omitted by Act No. XLVII of 2023, s. 83.

Page 129 of 137

(39) generally for the regulation of the administration of the cantonment under this Act 1[;]
1[(40) subject to the provisions of this Act and the rules made thereunder, a Board may, in
addition to any bye-laws which it is empowered to make by any other provision of this Act, make bye-
laws to provide for all or any of the following matters in the cantonment, namely, residential,
commercial, industrial and any other scheme, etc.; and
(41) attachment and sale of immovable property.]
283. Penalty for breach of byelaws. Any bye‑law made by a 2[Board] under this Act may
provide that a contravention thereof shall be punishable__
(a) with fine which may extend to 1[fifty thousand] rupees ; or
(b) with fine which may extend to 1[five thousand] rupees and, in the case of a
continuing contravention, with an additional fine which may extend to 1[two
hundred] rupees for every day during which such contravention continues after
conviction for the first such contravention ; or
(c) with fine which may extend to 1[one thousand] rupees for every day during
which the contravention continues after the receipt of a notice from the 2[Board]
by the person contravening the bye‑law requiring such person to discontinue
such contravention.
284. Supplemental provisions regarding byelaws. 1[(1) Any power to make bye‑laws in
respect of a cantonment conferred by this Act shall be subject to the condition of previous publication
and confirmation by the administrative division and publication in the official Gazette.]
(2) 1[* * * * * * *]
(3) The 1[secretary of the administrative division ] may, after previous publication of its
intention, cancel any bye‑law which it has confirmed, and thereupon the bye‑law shall cease to have
effect.
285. Rules and byelaws to be available for inspection and purchase. (1) A copy of all rules
and bye‑laws made under this Act shall be kept at the office of the 2[Board] and shall, during office
hours, be open free of charge to inspection by any inhabitant of the cantonment.
(2) Copies of all such rules and bye‑laws shall be kept at the office of the 2[Board], 2[and shall
be sold to the public at cost price singly, or in collections at the option of the purchaser].
_______
CHAPTER XVII.
SUPPLEMENTAL PROVISIONS.
286. Extension of certain provisions of the Act and rules to places beyond cantonments.
The 3[Federal Government] may, by notification in the 4[official Gazette], and subject to any conditions
as to compensation or otherwise which it thinks fit to impose, extend to any area beyond a
1Subs., added and omitted by Act No. XLVII of 2023, ss. 83, 84 and 85.
2Subs. by Act No. XXIV of 1936, ss. 69 and 67.
3Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.
4Subs. by A.O. 1937.

Page 130 of 137

cantonment and in the vicinity thereof, with or without restriction or modification, any of the
provisions of Chapters IX, X, XI, XII, XIII, X IV and XV or of any rule 1[, regulations] or bye‑law
made under this Act for the cantonment which relates to the subject‑matter of any of those Chapters
1[or any regulations made under this Act as may be deemed appropriate by the Federal Government
for the purposes of armed forces,], and every enactment, rule or bye‑law so extended shall thereupon
apply to that area as if the area were included in the cantonment.
2[286A. Power to delegate functions of Executive Officer. The 3[Board] may empower any
of its members or officers to exercise or perform in the absence of the Executive Officer from the
cantonment all or any of such powers or duties of an Executive Officer under this Act as the 4[Federal
Government] may, by notification in the 5[official Gazette], specify in this behalf.]
6[286B. Delegation of powers. __(1) The Federal Government may, by notification in the
official Gazette, delegate any of its powers under this Act or the rules made thereunder to any officer
subordinate to it subject to such conditions or limitations as may be specified in the notification.
(2) The Board may, with the prior approval of the 1[the administrative division], by resolution,
delegate all or any of its powers under t his Act or the rules made t hereunder to any of its officers
subject to such conditions or limitations as may be specified, in the resolution.]
287. Registration. (1) Paragraphs 2 and 3 of section 54, and sections 69, 107 and 123 of the
Transfer of Property Act, 1882 (IV of 1882), with respect to the transfer of property by registered
instrument, shall, on and from the commencement of this Act, extend to every cantonment.
7[(2) The Registrar or Sub‑Registrar of the district or subdistrict formed for the purposes of
the Registration Act, 1908 (XVI of 1908), in which any cantonment is situated, shall, 8[when any
document relating to immoveable property within the cantonment is registered, send information of
the registration] forthwith to the 3[Board] or such other authority as the 4[Federal Government] may
prescribe in this behalf.]
288. Validity of notices and other documents. No notice, order, requisition, licence,
permission in writing or other such document issued under this Act shall be invalid merely by reason
of any defect of form.
289. Admissibility of document or entry as evidence. A copy of any receipt, application,
plan, notice, order or other document or of any entry in a register, in the possession of a 3[Board] shall,
if duly certified by the legal keeper thereof o r other person authorised by the 3[Board] in this behalf,
be admissible in evidence of the existence of the document or entry, and shall be admitted as evidence
of the matters and transactions therein recorded in every case where, and to the same extent to which,
the original document or entry would, if produced, have been admissible to prove such matters.

1Ins. and Subs. by Act No. XLVII of 2023, ss. 86 and 87.
2Ins. by Act No. VII of 1931, s. 8.
3Subs. by Act No. XXIV of 1936, s. 69.
4Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.
5Subs. by A.O., 1937.
6Ins. by Ordinance No. XLIV of 1979, s. 11.
7Subs. by Act No. XXXV of 1926, s. 11.
8Subs. by the Repealing and Amending Act, 1927 (Act No. X of 1927), s. 2 and 1st Sch.

Page 131 of 137

290. Evidence by officer or servant of the Board. No officer or servant of a 1[Board] shall,
in any legal proceeding to which the 1[Board] is not a party, be required to produce any register or
document the contents of which can be proved under section 289 by a certified copy, or to appear as a
witness to prove any matter or transaction recorded therein save by order of the Court made for special
cause.
291. Application of Act IV of 1899. For the purposes of the Government Buildings Act, 1899
(IV of 1899), cantonments and 1[Boards] shall be deemed to be municipalities and municipal
authorities respectively.
292. 2[Repealed]
3[292A. Repeal and saving.__(1) The following laws are hereby repealed, namely:—
(a) the Cantonments Ordinance, 2002 (CXXXVII of 2002); and
(b) the Cantonments Local Government (Elections) Ordinance, 2002 (LXXIX of
2002).
(2) The repeal of of laws under sub-section (1) shall not—
(a) revive anything n ot in force or existing at the time at which the repeal takes
effect; or
(b) affect the previous operation of any enactment so repealed or anything duly
done or suffered thereunder; or
(c) affect any right, privilege, obligation or liability acquired, accrued or incurred
under any enactment so repealed; or
(d) affect any penalty, forfeiture or punishment incurred in respect of any offence
committed against any enactment so repealed; or
(e) affect any investigation, legal proceeding or remedy in respect of any such right,
privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid;
and any such investigation, legal proceeding or remedy may be instituted, continued or
enforced, and any such penalty, forfeiture or punishment may be imposed as if t he
Cantonments (Amendment) Act, 2023 ( of 2023) had not been passed.
(3) On repeal of the laws under sub-section (1), unless it is otherwise expressly provided, any
appointment, notification, order, scheme, rule, form or bye-law made or issued under the said repealed
laws shall, so far as it is not inconsistent with the provisions of this Act, continue in force, and be
deemed to have been made or issued under the provisions of this Act, unless and until it is superseded
by any appointment, notification, ord er, scheme, rule, form or bye -law made or issued under the
provisions of this Act.]

1Subs. by Act No. XXIV of 1936, s. 69.
2Repealed by the Repealing and Amending Act, 1927 (Act No. X of 1927), s. 2 and 1st Sch.
3Ins. by Act No. XLVII of 2023, s.88.

Page 132 of 137

SCHEDULEI
NOTICE OF DEMAND.
(See section 91.)
To
residing at
Take notice that the 1[Board] demands from the sum of
due from on account of (here describe the property, occupation,
circumstance or thing in respect of which the sum is payable) leviable under for the
period of commencing on the day of 19 , and ending on the
day of 19 , and that if, within thirty days from the service of this notice, the said sum is not
paid to the 1[Board] at , or sufficient cause for nonpayment is not shown to the
satisfaction of the Executive Officer, a 2[warrant of distress , seal, attachment] will be issued for the
recovery of the same with costs.
Dated this day of 19
(Signed)

Executive Officer,
Cantonment.

___________
2[SCHEDULEII
FORM OF WARRANT
(See section 92)
(Here insert the name of the officer charged with the execution of the warrant)
Whereas A. B. of _________________has not paid, and has not shown satisfactory cause for
the non‑payment of the sum due on account of _______________ (Here describe the liability) for the
period of__________________ commencing on the _______________ day of __________ 20 ____ ,
and ending with the ______________ day of 20____ , which sum is leviable under
____________;_____________
And whereas thirty days have elapsed since the service on him of notice of demand for the
same ;
This is to command you to__
(a) Distrain, subject to the provision of the Cantonments Act, 1924, the moveable
property of the said A. B. to the amount of the said sum of Rs._________ ; and
forthwith to certify to me, together with this warrant, all particulars of the
property seized by you thereunder.

1Subs. by Act No. XXIV of 1936, s. 69.
2Subs. by Act No. XLVII of 2023, ss. 89 and 90.

Page 133 of 137

(b) Attach / seize the account held in the name of the said Mr. ____________
(CNIC# _______________________ and to transfer the default ed amount of
Rs._______________ to the account No. ____________ of CB____________
forthwith under intimation to me.
Dated this ______________ day of ______________ 20______

(Signed)
Executive Officer Cantonment.]
___________

SCHEDULE III.
FORM OF INVENTORY OF PROPERTY DISTRAINED AND NOTICE OF SALE.
(See section 93.)

To
residing at

Take notice that I have this day seized the property specified in the inventory annexed hereto, for the
value of due for the liability * mentioned in the margin for the period commencing with
the day of 19 , and ending with the day of 19 , together
with Rs. due for service of notice of demand, and that, unless within seven days from
the date of the service of this notice you pay to the 1[Board] the said amount, together with the costs
of recovery, the said property will be sold by public auction.

Dated this day of 19 .
(Signature of officer executing the warrant)
INVENTORY
(Here state particulars of property seized)
_______

SCHEDULE IV.
CASES IN WHICH POLICE MAY ARREST WITHOUT WARRANT.
(See section 250.)

1
Section
2
Subject

118 (1) (a) (i) ..
167 .. ..
PART A.
Drunkenness. etc.
Making or selling of food, etc., or washing of clothes, by infected person.

1Subs. by Act No. XXIV of 1936, s. 69.
*Here describe the liability.

Page 134 of 137

1
Section.
2
Subject.
PART B.
118 (1) (a) (ii) .. using threatening or abusive words, etc.
118 (1) (a) (iii) .. Indecent exposure of person, etc.
118 (1) (a) (iv) .. Begging.
118 (1) (a) (v) .. Exposing deformity, etc.
118 (1) (a) (vii) .. Gaming.
118 (1) (a) (xii) .. Destroying notice, etc.
118 (1) (a) (xiii) .. Breaking direction‑post, etc.
118 (1) (f) .. Keeping common gaming‑house, etc.
118 (1) (g) .. Beating drum, etc.
118 (1) (h) .. Singing, etc., so as to disturb public peace or order.
119 (6) .. Letting loose, or setting on, ferocious dog.
125 .. .. Discharging fire‑arms, etc., so as to cause danger.
176 (1) .. .. Remaining in, or re‑entering, cantonment after notice of expulsion for failure to attend hospital
or dispensary.
193 (2) .. .. Destroying, etc., name of street or number affixed to building.
214 .. .. Feeding animal on filth, etc.
236 .. .. Loitering or importuning for sexual immorality.
240 (a) .. .. Remaining in, or returning to, a cantonment after notice of expulsion.
SCHEDULE V.
(See section 274.)
APPEALS FROM ORDERS.

1
Section
2
Executive Order
3
Appellate Authority
4
Time allowed for appeal.
126 1[Board’s] notice to 2[remove,]
repair, protect or enclose a
building, wall or anything affixed
thereto, or well, tank, reservoir,
pool, depression or excavation.
3[Compete Authority] 1[, or
other authority authorized in this
behalf by the 4[Federal
Government]].
Thirty days from
service of notice.

1Subs. and ins. by Act No. XXIV of 1936, ss.69 and 68.
2Ins.by the Repealing and Amending Act, 1939 (Act No. XXXIV of 1939), s. 2 and 1st Sch.
3Subs. by Ordinance No. XLIV of 1979, s. 2.
4Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.

Page 135 of 137

SCHEDULE V. contd.

Section.
2

Executive Order.
3

Appellate Authority.
4

Time allowed for appeal.
134 1[Board’s ] notice to fill
up well, tank, etc., or to
drain off or remove
water.
2[Competent Authority]
1[, or other authority
authorized in this behalf
by the 3[Federal
Government]].
Thirty days from service
of notice.
5[* * * * * * * * * *]
140 1[Board’s] notice
requiring a building to be
repaired or altered so as
to remove sanitary
defects.
2[Competent Authority]
1[, or other authority
authorized in this behalf
by the 3[Federal
Government, ]].
Thirty days from service
of notice.
176 Order of 5[Officer
Commanding the station]
on report of Medical
Officer, directing a
person to remove from
the cantonment and
prohibiting him from re
entering it without
permission.
2[Competent Authority]
1[, or other authority
authorized in this behalf
by the 3[Federal
Government, ]].
Thirty days from service
of notice.
181 1[Board’s] refusal to
sanction the erection or
reerection of a building.
2[Officer Commanding
inChief, the Command]
1[, or other authority
authorized in this behalf
by the 3[Federal
Government, ]].
1[Thirty days from the
date on which the refusal
shall have been
communicated to the
person applying for
sanctions].

1Subs. and ins. by Act No. XXIV of 1936, ss. 69 and 68.
2Subs. by Ordinance No. XLIV of 1979, s. 2.
3Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.
4Omitted by Act No. XXXI of 1940, s. 8.
5Subs. by Act No. VII of 1925, s. 13.

Page 136 of 137

SCHEDULE V.contd.

Section.
2

Executive Order.
3

Appellate Authority.
4

Time allowed for appeal .
185 1[Board’s] notice to alter
or demolish a building.
2[Competent Authority]
1[, or other authority
authorized in this behalf
by the 3[Federal
Government]].
Thirty days from service
of notice.
188 1[Board’s] notice to pull
down or otherwise deal
with a building newly
erected or rebuilt without
permission over a sewer,
drain, culvert, water
course or waterpipe.
2[Competent Authority]
1[, or other authority
authorized in this behalf
by the 3[Federal
Government, ]].
Thirty days from service
of notice.
206 1[Board’s] notice
prohibiting or restricting
the use of a slaughter
house.
2[Competent Authority]
1[,or other authority
authorized in this behalf
by the 3[Federal
Government, ]].
Twentyone days from
service of notice.
238 Magistrate’s notice
directing disorderly
person to remove from
cantonment and
prohibiting him from re
entering it without
permission.
District Magistrate Thirty days from service
of notice.
SCHEDULE VI. 4[Repealed].
5[SCHEDULE VII
[see section 60]
(a) Tax on annual rental value of immovable property;
(b) tax on transfer of immovable property;
(c) professional tax;

1Subs. and ins. by Act No. XXIV of 1936, ss. 69 and 68.
2Subs. by Ordinance No. XLIV of 1979, s. 2.
3Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.
4Repealed by the Repealing Act No. XII of 1927, s. 2 and schedule.
5Added by Act No. XLVII of 2023, s.91.

Page 137 of 137

(d) trade tax;
(e) entertainment fee on dramatic and theatrical shows;
(f) water use charges, fee, tax;
(g) drainage charges;
(h) conservancy charges for any building including residential buildings;
(i) fee for approval of building plans, erection and re-erection of buildings;
(j) fee for approval of housing scheme and town planning;
(k) development charges;
(l) conversion charges;
(m) fee for compounding of offence and violations;
(n) fee for change of land use of a land or building as may be prescribed;
(o) fee for licences, sanctions and permits;
(p) fee on the slaughter of animals;
(q) fee for establishment of private markets;
(r) fee for regulation of advertisement through sign boards, hoardings, cutouts,
neon-signs, pole signs, sky signs and boards, bill boards, directional boards,
banners, streamers, moppy signs, temporary advertisement structures and stalls,
posters, one way visions, hot air balloons and blimps, moving vehicles,
electronic display screens including light emitting diode (led) and surface
mounted device (smd), etc;
(s) toll fee on roads, bridges and ferries maintained by th e respective local
government;
(t) parking fee;
(u) fees on sale of cattle;
(v) fee for services rendered by a Board or any of its officers, agency or company;
(w) fee on installation of base transceiver station (BTS) or tower;

(x) right of way fee; and

(y) any other tax or fee or levy which may be imposed in any municipality in the
province wherein such cantonment is situated.]
_________
RGN Date: 04-09-2024

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25 citations to other instruments35 citations from other laws136 internal provision references2 explicit external provision references

Instruments cited by this law 19

Constitution of the Islamic Republic of Pakistan

Cites this instrument · 1 occurrence

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ay screens including light emitting diode (LED) and surface mounted device (SMD), etc.; (ib) “armed forces” means the armed forces mentioned in Article 243 of the Constitution of the Islamic Republic of Pakistan, 1973;] 1It has been extended to the Leased Areas of Baluchistan, see G.G.O 3 of 1950; and applied in the Federated Areas of Baluchistan, see Gazette of India, 1937, Pt. I. p. 1499. The Act has been extended to the Balu

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Pakistan Army Act, 1952

Cites this instrument · 3 occurrences

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does not include lands requisitioned under any law;] (xxi) “Military officer” means__ (a) a person who being an officer within the meaning of 1[* * * 2[*]the Pakistan Army Act, 1952] 3[the Pakistan Navy Ordinance, 1961 (XXXV of 1961)] , 1[***] 2[or the Pakistan Air Force Act, 1953], is commissioned and in pay as an officer doing military or air force duty with 4[the military or air forces of Pakistan]

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as a warrant officer with either of those forces or with any arm, branch, or part thereof, whether he is or is not an officer with in the meaning of 1[***] 2[*] the Pakistan Army Act, 1952 ] 3[the Pakistan Navy ordinance, 1961 (XXXV of 1961)] 1[***] 2[or the of Pakistan Air Force Act, 1953] ; (xxii) “nuisance” includes any act, omission, place or thing which causes or is likely to cause injury, danger, annoy

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animals for the purpose of selling the flesh thereof for human consumption; 1[(xxxv) “soldier” means a person who is a soldier or airman within the meaning of the Pakistan Army Act, 1952 (XXXIX of 1952), or the Pakistan Air For ce Act, 1953 (VI of 1953), and who is not a military officer ;] (xxxvi) “spirituous liquor” means any fermented liquor, any wine, or any alcoholic liquid obtained by distillation or

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Pakistan Navy Ordinance, 1961

Cites this instrument · 2 occurrences

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sitioned under any law;] (xxi) “Military officer” means__ (a) a person who being an officer within the meaning of 1[* * * 2[*]the Pakistan Army Act, 1952] 3[the Pakistan Navy Ordinance, 1961 (XXXV of 1961)] , 1[***] 2[or the Pakistan Air Force Act, 1953], is commissioned and in pay as an officer doing military or air force duty with 4[the military or air forces of Pakistan], or is an officer doing such duty

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of those forces or with any arm, branch, or part thereof, whether he is or is not an officer with in the meaning of 1[***] 2[*] the Pakistan Army Act, 1952 ] 3[the Pakistan Navy ordinance, 1961 (XXXV of 1961)] 1[***] 2[or the of Pakistan Air Force Act, 1953] ; (xxii) “nuisance” includes any act, omission, place or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight,

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Civil Servants Act, 1973

Cites this instrument · 2 occurrences

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directorate of military lands and cantonments shall be headed by a director general who shall be appointed in accordance w ith the rules as may be prescribed under the Civil Servants Act, 1973 (LXXI of 1973) from amongst serving major generals of Pakistan Army on secondment f or a term of two years extendable for another term or terms on recommendation of the competent authority, (4) In addition to the director gen

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s and staff members as may be appointed by such officers or authorities, in such manner and on such te rms and conditions as may be prescribed in accordance with the Civil Servants Act, 1973 (LXXI of 1973) and the Federal Public Service Commission Ordinance, 1977 (XLV of 1977). (5) The director general and other officers and staff members appointed under this section shall exercise such powers and perform such

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Elections Act, 2017

Cites this instrument · 2 occurrences

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rds of a cantonment shall be delimited in accordance with this Act and the rules made thereunder. As far as possible, principles of delimitation as laid down under the Elections Act, 2017 (XXXIII of 2017) or any other law for the time being in force shall be followed. 19C. Election on the basis of adult franchise .―The election of members to be elected on general seats of a Board shall be held on the basis

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on to a Board for a period of five years. 19G. Electoral rolls.__(1) The Election Commission shall prepare electoral rolls in accordance with the provisions of the Elections Act, 2017 (XXXIII of 2017) and rules made thereunder for the purposes of election to a Board or general seats. (2) The Election Commis sion may issue directions to adjust the electoral rolls or cause to prepare an electoral roll for

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Code of Criminal Procedure (CrPC), 1898 (Under Review)

Cites this instrument · 1 occurrence

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ial .―All offences under this Chapter, except the offences under sub - sections (2), (3) and ( 4) of section l9P, shall be tried summarily under the provisions of the Code of Criminal Procedure; 1898 (Act V 1898). l9R. Jurisdiction courts barred.―No court shall question the legality of any action taken in good faith by or under the authority of the Election Commission, the Commissioner, a returning officer, presiding

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Code of Civil Procedure (CPC) , 1908 (Under Review)

Cites this instrument · 2 occurrences

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in the case shall be, as nearly as may be, in conformity with the rules relating to references to the High Court contained in Order XLVI of the First Schedule to the Code of Civil Procedure, 1908 (V of 1908). 85. Costs of appeal. In every appeal the costs shall be in the discretion of the officer hearing the appeal. 86. Recovery of costs from Board. If the 1[Board] fails to pay any costs awarded to an appellant wi

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shall not be less than the lowest allowance for the time being fixed for the subsistence of judgment debtors by the 2[Provincial Government] under section 57 of the Code of Civil Procedure, 1908 (V of 1908). 174. Paying patients. Any sick person who is ineligible to receive medical 1[or surgical] treatment free of cost in any hospital or dispensary under section 173 may be admitted to treatment therein upon such t

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Municipal Taxation Act, 1881

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l Provisions relating to Taxation. 97. Power to prohibit or exempt from taxation. Every 1[Board] shall be deemed to be a Municipal Committee for the purposes of the Municipal Taxation Act, 1881 (XI of 1881). 98. Power to make special provision for conservancy in certain cases. A 1[Board] may make special provision for the cleansing of any factory, hotel, club or group of buildin gs or lands used for any one purpos

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Local Authorities Loans Act, 1914

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m a trust legally imposed upon or accepted by the 1[Board] ; (b) to the repayment of, and the payment of interest on, any loan incurred under the provisions of the Local Authorities Loans Act, 1914 (IX of 1914) ; (c) to the payment of establishment charges ; (d) to the payment of such expenses on account of pauper lunatics sent from the cantonment to public lunatic asylums and men tal hospitals as the 2[Federal Gove

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Land Acquisition Act, 1894 · Federal
LAND ACQUISITION ACT, 1894 · Punjab

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1[Board] for the purposes of this Act, the 2[Federal Government] may, at the request of the 1[Board], 3[procure the acquisition thereof] under the provisions of the Land Acquisition Act, 1894 ( of 1894) and, on payment by the 1[Board] of the compensation awarded under that Act and of the charges incurred by the Government in connection with the proceedings, the land shall vest in the 1[Board]. 111. Power to make

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Factories Act, 1934 · Federal
FACTORIES ACT, 1934 · Punjab

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thinks fit, and shall cause the urinals to be kept clean and in proper order: Provided that nothing in this section shall apply in the case of a factory to which the 3[Factories Act, 1934 (XXV of 1934)]. 137. Private latrines. A 1[Board] may, by notice in writing,__ (a) require the owner or other person having of any private latrine or urinal in the cantonment not to put the same to public use ; or (b) whe

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ssion for sale of poisons or white arsenic in any case in which he is required to take out a licence for such sale, storage or possession for sale by or under t he 3[Petroleum Act, 1934 (XXX of 1934)], or the Poisons Act, 1919 (XII of 1919). (4) The 2[Board] may charge for the grant of licences under this section such fees 1[* * * * * * *] as it may fix with the previous sanction of the 4[Federal Governmen

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Poisons Act, 1919

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any case in which he is required to take out a licence for such sale, storage or possession for sale by or under t he 3[Petroleum Act, 1934 (XXX of 1934)], or the Poisons Act, 1919 (XII of 1919). (4) The 2[Board] may charge for the grant of licences under this section such fees 1[* * * * * * *] as it may fix with the previous sanction of the 4[Federal Government]. 211. Conditions which may be attached

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Limitation Act, 1908 · Federal
LIMITATION ACT, 1908 · Punjab

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ecified in that behalf in the fourth column of the said Schedule. (3) The period specified as aforesaid shall be computed in accordance with the provi sions of the Limitation Act, 1908 (IX of 1908), with respect to the computation of periods of limitation there under. 1Subs. and repealed by Act No. XXIV of 1936, ss. 69 and 64. 2Subs. by Act No. VII of 1925, s. 11. Page 124 of 137 275. Petiti

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Transfer of Property Act, 1882 · Federal
TRANSFER OF PROPERTY ACT 1882 · Punjab

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such conditions or limitations as may be specified, in the resolution.] 287. Registration. (1) Paragraphs 2 and 3 of section 54, and sections 69, 107 and 123 of the Transfer of Property Act, 1882 (IV of 1882), with respect to the transfer of property by registered instrument, shall, on and from the commencement of this Act, extend to every cantonment. 7[(2) The Registrar or Sub‑Registrar of the district or subdistric

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Registration Act, 1908 · Federal
REGISTRATION ACT, 1908 · Punjab

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nd from the commencement of this Act, extend to every cantonment. 7[(2) The Registrar or Sub‑Registrar of the district or subdistrict formed for the purposes of the Registration Act, 1908 (XVI of 1908), in which any cantonment is situated, shall, 8[when any document relating to immoveable property within the cantonment is registered, send information of the registration] forthwith to the 3[Board] or such other

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Government Buildings Act,1899

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ss to prove any matter or transaction recorded therein save by order of the Court made for special cause. 291. Application of Act IV of 1899. For the purposes of the Government Buildings Act, 1899 (IV of 1899), cantonments and 1[Boards] shall be deemed to be municipalities and municipal authorities respectively. 292. 2[Repealed] 3[292A. Repeal and saving.__(1) The following laws are hereby repealed, namely:— (a)

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Cantonments Ordinance, 2002 (CXXXVII)(Repealed by Act No. XLVII of 2023)

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municipalities and municipal authorities respectively. 292. 2[Repealed] 3[292A. Repeal and saving.__(1) The following laws are hereby repealed, namely:— (a) the Cantonments Ordinance, 2002 (CXXXVII of 2002); and (b) the Cantonments Local Government (Elections) Ordinance, 2002 (LXXIX of 2002). (2) The repeal of of laws under sub-section (1) shall not— (a) revive anything n ot in force or existing at the time at which

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Cantonments Local Government (Elections) Ordinance, 2002 (LXXIX of 2002) (Repealed by Act No. XLVII of 2023)

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2. 2[Repealed] 3[292A. Repeal and saving.__(1) The following laws are hereby repealed, namely:— (a) the Cantonments Ordinance, 2002 (CXXXVII of 2002); and (b) the Cantonments Local Government (Elections) Ordinance, 2002 (LXXIX of 2002). (2) The repeal of of laws under sub-section (1) shall not— (a) revive anything n ot in force or existing at the time at which the repeal takes effect; or (b) affect the previous operation of any enactment so repealed or

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Laws that cite this instrument 19

THE CENSUS ORDINANCE, 1959(Repealed by Act XiV of 2011 section 63 (w.e.f 31-05-2011)))

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he Census (Amdt.) Act, 1991 (6 of 1991), ss. 2 and 3. 3 Subs. ibid., s. 4, for section 2. local government and includes a Cantonment Board constitute under the Cantonments Act 1924 ; and (e) “Prescribed” means prescribed by rules made under this Ordinance.] 3. Declaration for Taking Census . The 1[Federal Government] may, from time to time, by notification 2in the official Gazette, declare that c

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Federal Board of Intermediate and Secondary Education Act, 1975

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affiliation with the Board from within the country and from abroad] and such institutions located within the jurisdiction of Cantonment Boards constituted under the Cantonments Act, 1924 ( II of 1924), as seek 1[affiliation] of the Board. 5. Composition of the Board.__ The Board shall consist of the following members, namely:__ (a) the Chairman, to be appointed by the 2[Prime Minister] ; (b) two Vice‑Chan

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Transfer of Property Act, 1882

5 citation occurrences

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911, see Punjab Gazette Extraordinary, 1925, p. 27. S. 54, paras, 2 and 3, and ss. 59, 107 and 123 extend to every cantonment in the Provinces, etc., see s. 287 of the Cantonments Act. 1924 (Act No. II of 1924). It has been rep. as to Crown Grants by the Crown Grants Act, 1895 (Act No. XV of 1895), and amended in Sind by Sind Act No. XIV of 1939, s.2. This Act shall be deemed to have been amended in its applic

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ion to the territorial operation of paragraphs 2 and 3 of s. 54, see s. 1, supra. These paragraphs extend to every cantonment in the Provinces, etc., see s. 287 of the Cantonments Act, 1924 (Act No. II of 1924). 2Ins. by Act No. VI of 1929, s. 17. Page 26 of 56 Provided that, where the sale is made by a person in a fiduciary character, he shall be deemed to contract with the buyer that the seller has d

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such *As to limitation to the territorial operation of s. 59, see s. 1, supra. Section 59 extends to every cantonment in the Provinces, etc.—see s. 287 of the Cantonments Act, 1924 (Act No. II of 1924). 1Ins., omitted and subs. by Act No. XX of 1929, ss. 20-23. 2Subs. by Act No. VI of 1904, s. 3. Page 31 of 56 third person as the mor tgagor may direct; and the mortgagee shall be bound to assig

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9, ss. 54-55. 2As to limitation to the territorial operation of s. 107, see s. 1, supra. S. 107 extends to every cantonment in the Provinces, etc., see s. 287 of the Cantonments Act, 1924 (Act No. II of 1924). 3Subs. and ins. by Act No. VI of 1904, ss. 5. 4Subs. and rep. by A. O., 1937. Page 47 of 56 (A) Rights and Liabilities of the Lessor (a) The lessor is bound to disclose to the

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1929, s. 59. 2As to limitation to the territorial operation of s. 123, see s. 1, supra. S. 123 extends to every cantonment in the Provinces, etc.__ see s. 287 of the Cantonments Act, 1924 (Act No. II of 1924). Page 53 of 56 126. When gift may be suspended or revoked.—The donor and donee may agree that on the happening of any specified event which does not depend on the will of the donor a gift shal

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Cantonments Ordinance, 2002 (CXXXVII)(Repealed by Act No. XLVII of 2023)

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street, existing or proposed; (ix) “byelaws” means the byelaws made under this Ordinance; (x) “cantonment” means a cantonment a declared as such under the Cantonments Act, 1924 (II of 1924), or under this Ordinance; (xi) “Cantonment Administrator” means the Officer Commanding the station as head of the Cantonment Administration; (xii) “Cantonment Administration” includes the Cantonment Admin

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wards in such a way that the number of wards is equal to the number of members to be elected on general seats of a Cantonment Board specified under section 13A of the Cantonments Act; 1924 (II of 1924). (2) For the purposes of delimitation of wards of a cantonment, (a) a ward shall consist of a village or revenue estate or census block or adjoining census blocks as determined for purposes of the last p

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shall continue to function as member until the election or, as the case may be, nomination of his successor is notified under sub section (5) of section 13A of the Cantonments Act, 1924 (II of 1924). (2) The term of office of an exofficio member of a Board shall continue so long as he holds the office by virtue of which he is such a member. (3) The term of office of a member elected through byeel

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)The provisions of this Ordinance as amended by the Cantonments (Amendment) Ordinance, 2015 (VI of 2015) shall have effect, notwithstanding anything contained in the Cantonments Act, 1924 (II of 1924) or any other law for the time being in force. (2) The provision of this section shall come into force at once, notwithstanding subsection (3) of section 1.] _____________________________________________

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es for sale of cattle meant for slaughter and charge such fee per cattle head sold as the byelaws may provide: Provided that where a Board established under the Cantonments Act, 1924, was holding cattle shows and fairs before the promulgation of this Ordinance within the limits of its local area the successor local government may continue holding such cattle shows and fairs and charge such fees from t

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the institution of the suit or proceeding. 299. Repeals and savings. On commencement of this Ordinance, the following laws shall stand repealed:— (a) the Cantonments Act 1924 (II of 1924) and the Cantonment Local Government (Elections) Ordinance 2002 (Ordinance No. LXXIX (79) of 2002); (b) all Cantonment Boards constituted under the Cantonments Act 1924 (II of 1924) shall stand dissolved on c

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24 (II of 1924) and the Cantonment Local Government (Elections) Ordinance 2002 (Ordinance No. LXXIX (79) of 2002); (b) all Cantonment Boards constituted under the Cantonments Act 1924 (II of 1924) shall stand dissolved on constitution of local governments in cantonments under Page 109 of 122 this Ordinance; (c) save as otherwise specifically provided, nothing in the Ordinance, or any repeal

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Municipal Taxation Act, 1881

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“and shall come into force at once” rep. by the Repealing and Amending Act, 1914 (10 of 1914). 8For the purposes of this Act, every Cantonment Board as defined in the Cantonments Act, 1924 (2 of 1924) is deemed to be a Municipal Committee., see s. 97 of the latter Act. 9Subs. by Ord. XXVII of 1981, s.5 and Sch. IV (only to the extent of ICT). 10Section 3A ins. by A. O., 1937. Page 3 of 3 4. Fede

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Cantonments Pure Food Act, 1966

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nspector” means an Inspector appointed under section 15, and includes an ex-officio Inspector ; (14) “local authority” means a Cantonment Board constituted under the Cantonments Act, 1924 (II of 1924); (15) “margarine” means any food, whether mixed with butter or not, which resembles butter and is not milkblended butter ; (16) “milk” means the normal, clean and pure secretion obtained from the udders of a

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General Statistics (Recorganization) Act, 2011

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(m) “local council” means a local council constituted under any law relating to local government and includes a Cantonment Board constituted under the Cantonments Act, 1924 (II of 1924); (n) “member” means a member of the Governing Council; (o) “prescribed” means prescribed by rules and regulations made under this Act; (p) “Provincial Census Commissioner” means a person or authorit

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Cantonments (House-Accommodation) Act, 1923

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o be a Brigade area for all or any of the purposes of this Act; (b) 4[* * * * * * *] 5[4[(b)] “Cantonment Board” means a Cantonment Board constituted under the Cantonments Act, 1924; (II of 1924)] 1Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), s. 3. 2Subs. by the Adaptation of Central Acts & Ordinances Order, 1949 (Order No. 1 of 1949), s. 3 and Sch. 3Subs. by Federal Ada

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Karachi Rent Restriction Act, 1953

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Municipal Act, 1933 (Bom.Act XVI of 1933), or under section 119 of the Bombay District Municipal Act, 1901 (Bom. Act III of 1901), or under section 140 or 142 of the Cantonments Act, 1924 (II of 1924). 1[(6) In proceedings under this section on the first date of hearing or as soon as possible after that date and before issues are framed, the Controller shall direct that tenant to deposit all the rent due fr

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Conciliation Courts Ordinance, 1961

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ernment Ordinance, 1980 (Baluchistan Ordinance No. II of 1980), the Capital Territory Local Government Ordinance, 1979 (XXXIX of 1979), or, as the case may be, the Cantonments Act, 1924 (II of 1924) ;] (g) “party” shall include any person whose presence as such is considered necessary for a proper decision of the dispute and whom the Conciliation Court adds as a party to such dispute ; 3[(h) “prescr

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Cantonments Rent Restriction Act, 1963

3 citation occurrences

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building or part, and vacant land, but does not include any place of religi ous worship; (b) “Cantonment Board” means a Cantonment Board constituted under the Cantonments Act, 1924 (II of 1924); (c) “commercial building” means a building used solely for the purposes of business or trade; (d) “Controller” means a Controller of Rents appointed by the 3[Federal Government] under sub -section

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t of the tenancy; and (c) the rental value of the building as entered in the latest assessment list of the Cantonment Board as proposed under s ection 72 of the Cantonments Act, 1924 (II of 1924). (3) The fair rent fixed under this section shall be payable by the tenant from the date to be fixed by the Controller which shall not be earlier than the date of filing of the application. (4) If the f

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ng in force or in any agreement, the tenant shall be bound to pay the taxes due in respect of the building to the C antonment Board, as requi red by s ection 65 of the Cantonments Act, 1924 (II of 1924), by making deductions from the rent payable by him. 13. Landlord not to interfere with amenities enjoyed by the tenant. __ (l) No landlord shall, without just or sufficient cause cut off or withhold any of

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West Pakistan Animals Slaughter Control Act, 1963

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ge Act, 1964 (Act IV of 1964)] or a Municipal Committee constituted under any municipal law for the time being in force or a Cantonment Board established under the Cantonments Act, 1924 (II of 1924); (f) “prescribed” means prescribed by rules made under this Act; (g) “slaughter” means to kill animals by any means; 1Subs., omitted and ins. by the West Pakistan Ordinance No. XXIV of 1965, ss. 2-3.

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Pakistan Penal Code (PPC),1860 (Under Review)

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of Request" were rep. by the Cantonments Act, 1889 (13 of 1889). Act 13 of 1889 was rep . by the Cantonments Act, 1910 (15 of 1910) which in turn has been rep. by the Cantonments Act, 1924 (2 of 1924). 2Illustration omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and II Sch. Page 82 of 179 194. Giving or fabricating false evidence with intent to procur

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PUNJAB KATCHI ABADIS ACT, 1992

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XVIII of 2007; was given (a) a local government established under the Punjab Local Government Ordinance, 2001 (XIII of 2001), a cantonment declared as such under the Cantonments Act, 1924 (II of 1924) or under the Cantonments Ordinance, 2002 (CXXXVIII of 2002) or a Development Authority established under any law for the time being in force; or (b) a division , attached department, bureau, section, commission,

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PUNJAB VIGILANCE COMMITTEES ACT 2016

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this Act. 2. Definitions.– In this Act: (a) “Act” means the Punjab Vigilance Committees Act 2016; (b) “Cantonment” means a Cantonment Board constituted under the Cantonments Act, 1924 (II of 1924) or any other law; (c) “Committee” means a District Vigilance Committee, Sub -divisional Vigilance Committee or Local Vigil ance Committee constituted under the Act; (d) “Municipal Committee” means a Municipal

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PUNJAB REQUISITIONING OF IMMOVABLE PROPERTY (TEMPORARY POWERS) ACT, 1956

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requisitioning: Provided that no building used for the purpose of religious worship 7 [* * *] and no building situated in a cantonment within the meaning of the Cantonments Act, 1924, shall be requisitioned under this Act: 8 [Provided further that no building which is used for imparting education through the private educational institutions shall be requisitioned:] Provided further that no building

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TRANSFER OF PROPERTY ACT 1882

4 citation occurrences

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l Act, 1911, see Punjab Gazette Extraordinary, 1925, p.27. S. 54, paras, 2 and 3, and ss. 59, 107 and 123 extend to every cantonment in the Province, see s.287 of the Cantonments Act, 1924 (II of 1924); and published in the Gazette of India, Part IV, dated 23.2.1924, pages 3-58. It was repealed as to Crown Grants by the Crown Grants Act, 1895 (XV of 1895), and amended in Sind by Sind Act 14 of 1939, s.2. Th

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to limitation to the territorial operation of paragraphs 2 and 3 of s.54, see s.1 supra. These paragraphs extend to every cantonment in the Province, see s.287 of the Cantonments Act, 1924 (II of 1924); and published in the Gazette of India, Part IV, dated 23.2.1924, pages 3-58. Delivery of tangible immovable property takes place when the seller places the buyer, or such person as he directs, in possession o

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s 121-153, s. 54. 180As to limitation to the territorial operation of s. 107, see s. 1, supra. S. 107 extends to every cantonment in the Province, see s. 287 of the Cantonments Act, 1924 (II of 1924); and published in the Gazette of India, Part IV, dated 23.2.1924, pages 3-58. 181Substituted for the original paragraph.by the Transfer of Property (Amendment) Act, 1904 (VI of 1904); and published in the Governm

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201As to limitation to the territorial operation of s. 123, see s. 1, supra. S. 123 extends to every cantonment in the Provinces – see s. 287 of the Cantonments Act, 1924 (II of 1924); and published in the Gazette of India, Part IV, dated 23.2.1924, pages 3 - 58. But if, after becoming competent to contract and being aware of the obligation, he retains the property given, he becomes so bound.

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PUNJAB LOCAL GOVERNMENT ACT 2022

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ct may be cited as the Punjab Local Government Act 2022. (2) This Act shall extend to whole of the Punjab except: (a) the areas notified as cantonments under the Cantonments Act, 1924 (II of 1924), or the Cantonments Ordinance, 2002 (CXXXVII of 2002), or such other areas under active possession and direct control of the Armed Forces of Pakistan that may be notified by the Government for this purpose;

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or rules made thereunder; (g) “candidate” means a candidate for election under this Act; (h) “cantonment” means a place or places notified as cantonment under the Cantonments Act, 1924 (II of 1924), or the Cantonments Ordinance, 2002 (CXXXVII of 2002); (i) “Code” means the Code of Criminal Procedure, 1898 (V of 1898); (j) “census” means a population and housing census provisionally or finally publish

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PUNJAB COMMISSION FOR REGULARIZATION OF IRREGULAR HOUSING SCHEMES ACT 2021

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ssion for Regularization of Irregular Housing Schemes Act 2021. (2) This Act extends to whole of the Punjab other than the areas notified as cantonments under the Cantonments Act, 1924 (II of 1924), or the Cantonments Ordinance, 2002 (CXXXVII of 2002), and such other areas under possession and direct control of the Armed Forces of Pakistan that may be notified by the Government for this purpose. 4[(2-a

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References to provisions in this text 136

Section 49

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documents. 47. Inspection. 48. Power to call for documents. 49. Power to require execution of work, etc. 50. Power to provide for enforcement of direction under section 49. 51. Power to override decision of Board. 52. Power of Competent Authority on reference under Section 51 or otherwise. 53. Powers of secretary administrative division on a reference made under section 51. 54. Supersession

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Section 51

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c. 50. Power to provide for enforcement of direction under section 49. 51. Power to override decision of Board. 52. Power of Competent Authority on reference under Section 51 or otherwise. 53. Powers of secretary administrative division on a reference made under section 51. 54. Supersession of Board. Page 5 of 137 Validity of Proceedings. 55. Validity of proceedings, etc. _______

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Section 51

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sion of Board. 52. Power of Competent Authority on reference under Section 51 or otherwise. 53. Powers of secretary administrative division on a reference made under section 51. 54. Supersession of Board. Page 5 of 137 Validity of Proceedings. 55. Validity of proceedings, etc. _______ CHAPTER IV. SPIRITUOUS LIQUORS AND INTOXICATING DRUGS. 56. Unauthorised sale of spirituous liqu

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Section 212

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ttached to licences. Page 13 of 137 General Provisions. 212. Power to vary licence. 213. Carrying on trade, etc., without licence or in contravention of section 212. 214. Feeding animals on dirt, etc. Entry, Inspection and Seizure. 215. Powers of entry and seizure. Import of Cattle and flesh. 216. Import of cattle and flesh. _______ CHAPTER XIII. WATERSUPPLY, DRAINAGE AND LI

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Section 280

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fficer appo inted by the 2[Federal Government] to perform the duties of the Military Estates Officer under rules made under clauses (a) and (b) of sub-section (2) of section 280;) 4[(xxa) “military lands” means the lands vested in the Federal Government which are classified, re -classified or sub -classified as such and includes lands acquired, purchased or allocated for the purposes of armed

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Section 4

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1927, s. 2. 8Subs. by Ordinance No. XLIV of 1979, s. 2. Page 26 of 137 5.The effect of including area in cantonment. When, by a notification under section 4, any local area is included in a cantonment, such area shall thereupon become subject to this Act and to all other enactments for the time being in force throughout the cantonment and to all notifications, rules, regulatio

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Section 3

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ns, bye‑laws, orders and directions issued or made thereunder. 6. Disposal of cantonment fund when area ceases to be a cantonment . (1) When, by a notification under section 3, any cantonment ceases to be a cantonment and the local area comprised therein is immediately placed under the control of a local authority, the balance of the cantonment fund and other property vesting in the 1[Board] shall

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Section 4

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shall be transferred to the 3[Federal Government.] 7. Disposal of cantonment fund when area ceases to be included in a cantonment . (1) When, by a notification under section 4, any local area forming part of a cantonment ceases to be under the control of a particular 1[Board] and is immediately placed under the control of some other local authority, such portion of the cantonment fund and other pro

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Section 6

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nsferred under sections 6 and 7. Any cantonment fund or portion of a cantonment fund or other property of a 1[Board] vesting in 2[Government] under the provisions of section 6 or section 7 shall be applied in the first place to satisfy any liabilities of the 1[Board] transferred under such provisions to the 3[Federal Government], and in the second place for the benefit of the inhabitants of the loc

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Section 7

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r sections 6 and 7. Any cantonment fund or portion of a cantonment fund or other property of a 1[Board] vesting in 2[Government] under the provisions of section 6 or section 7 shall be applied in the first place to satisfy any liabilities of the 1[Board] transferred under such provisions to the 3[Federal Government], and in the second place for the benefit of the inhabitants of the local area which

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Section 54

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part of a cantonment, or direct that any provision of this Act shall, in the case of any cantonment__ 2[* * * * * * *] 2[*] in which the Board is superseded under section 54,] apply with such modifications as may be so specified. 3[Chapter IIA Administration of military lands and cantonment 9A. Directorate of military lands and cantonments.__(1) For the purpose of monitoring and to overs

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Section 13A

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dent in the cantonment or in the vicinity thereof.] 14. Power to vary constitution of Boards in special circumstances .__(1) Notwithstanding anything contained in 1[section 13A], if the 2[Federal Government] is satisfied__ (a) that, by reason of military operations it is necessary or (b) 3[* * *], that, for the administration of the cantonment, it is desirable, to vary the constitution of the B

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Section 13A

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declaration under sub‑section (1), would have continued to hold office, or, if the term of office of such former Board has expired, by a Board constituted under 5[section 13A].] 15-15I. 6[Omitted] 16. 5[Omitted] 17. 5[Omitted] 18. 6[Omitted] 19. 6[Omitted] 6[l9A. Local Area.―For the purpose of this Act, local area shall be the whole of cantonment. 19B. Delimitation of cantonme

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Section 15

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s. and omitted by Ordinance No. XXXVIII of 1960, s. 5, (with effect from the 16th May, 1960). 6Omitted and ins. by Act No. XLVII of 2023, ss.6 and 7. (In main law from section 15 to 15I are available but in amendment Act No. XLVII of 2023, omitted the sections from section.15-151 instead of 15 to 15I) Page 32 of 137 (2) For the purposes of delimitation of wards of a cantonment,— (a) a ward s

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Section 19C

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(2) The members against seats reserved for women, peasants, youth, workers and Non-Muslims shall be elected through secret ballot by the directly elected members under section 19C. (3) The elected members of a Board shall, amongst themselves, elect through secret ballot a vice-president of that Board. 19F. Qualifications for candidates and elected members.―(1) A person shall qualify to be elected

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Section 19F

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ll , before entering upon their respective offices, make oath as may be prescribed. 19L. Removal.―(1) Where proceedings of disqualification under sub -section (2) of section 19F have been initiated on an application made by any person or by the President on his own motion against a member or the vice-president, the President may issue to a member or, as the case may be, the vice-president a noti

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Section 19L

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be, election of another member in his place. (3) Notwithstanding the resignation of a member under sub-section (1), the proceedings for his removal, if any, under section 19L, already initiated shall not abate. l9N. Ineligibility for re -election.―Where a member or vice -president has been removed, recalled or disqualified, he shall not be eligible for re -election to any office of Board for a per

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Section 13A

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h member was nominated.] 1[20. President and VicePresident.__(1) The Officer Commanding the station, or the civil or military officer nominated in his place under section 13A, shall be the President of the Board. (2) In every Board in which there is more than one elected member, there shall be a Vice‑President elected by the electe d members only from amongst their number in accordance with such

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Section 22

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unless prevented by reasonable cau se, to preside at meetings of the Board and when so presiding to exercise the authority of the President under sub‑section (1) of section 22 ; (b) during the incapacity or temporary absence of the President or pending his appointment or succession, to perf orm any other duty and exercise any other power of the President ; and (c) to exercise any power and perf

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Section 22

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rcise any other power of the President ; and (c) to exercise any power and perform any duty of the President which may be delegated to him under subsection (2) of section 22. 24. Duties of the Executive Officer. The Executive Officer shall perform all the duties imposed upon him by or under this Act, and shall be responsible for the custody of all the records of the 2[Board], and shall arrange

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Section 13A

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is the greater number : 1[* * * * * * *] 1[(lA) The quorum necessary for the transaction of business at a meeting of a Board constituted under 2[sub‑section (3) of section 13A] or under sub‑section (1) of section 14, shall be two.] (2) If a quorum is not present, the President shall adjourn the meeting and the business which would have been brought before the original meeting if there had been a qu

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Section 14

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] 1[(lA) The quorum necessary for the transaction of business at a meeting of a Board constituted under 2[sub‑section (3) of section 13A] or under sub‑section (1) of section 14, shall be two.] (2) If a quorum is not present, the President shall adjourn the meeting and the business which would have been brought before the original meeting if there had been a quorum present thereat shall be brought

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Section 13A

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dent from any meeting of a Board in which there is more than one elected member, (b) the President from a meeting of a Board constituted under 2[sub‑section (3) of section 13A] or sub‑section (1) of section 14, the members present shall elect one from among their own number to preside.] 41. Minutes. (1) Minutes of the proceedings of each m eeting shall be recorded in a book and shall be signed by

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Section 14

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which there is more than one elected member, (b) the President from a meeting of a Board constituted under 2[sub‑section (3) of section 13A] or sub‑section (1) of section 14, the members present shall elect one from among their own number to preside.] 41. Minutes. (1) Minutes of the proceedings of each m eeting shall be recorded in a book and shall be signed by the President before the close of

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Section 41

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n equality of votes, the President shall have a second or casting vote. 1Ins. omitted and subs. by Act No. XXIV of 1936, ss.14, 15 and 16. (In sub-section (2) of section 41 some words are subs. by amendment Act No XXIV of 1936 later on some words are subs.by amendment Act No. XLVII of 2023). 2Subs. by Ordinance No. XXVIII of 1960), s. 13. (with effect from the 16th May, 1960). 3Ins. by Act No.

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Section 13A

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quests, be entered in the minutes, together with a short statement of the grounds for such dissent. 1[43A. Committees or Bazars.__(1) Every Board constituted under 2[section 13A] in a Class I Cantonment 3[Class II Cantonment or Class III Cantonment] shall appoint a committee consisting of the elected members of the Board, the Health Officer and 3[, in the case of a Class I Cantonment or Class II Ca

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Section 44

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e 5[official Gazette], declare to be bazar areas, and may delegate its powers and duties to such committee in the manner provided in clause (e) of sub‑section (1) of section 44. (2) The Vice‑President of the Board shall be the Chairman of the committee appointed under sub‑section (1).] 6[43B. Local reconciliation or maqami masalihat committee.―The secretary of administrative division may consti

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Section 46

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ting to its proceedings, duties, or works as he thinks fit. 49. Power to require execution of work, etc. If, on receipt of any information or report obtained 1[under section 46 or section 47] or section 48, the 4[2[Federal Government] or the 3[Competent Authority]] is of opinion__ (a) that any duty imposed on a 1[Board] by or under this Act has not been performed or has been performed in an imperf

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Section 47

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oceedings, duties, or works as he thinks fit. 49. Power to require execution of work, etc. If, on receipt of any information or report obtained 1[under section 46 or section 47] or section 48, the 4[2[Federal Government] or the 3[Competent Authority]] is of opinion__ (a) that any duty imposed on a 1[Board] by or under this Act has not been performed or has been performed in an imperfect, inefficie

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Section 48

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es, or works as he thinks fit. 49. Power to require execution of work, etc. If, on receipt of any information or report obtained 1[under section 46 or section 47] or section 48, the 4[2[Federal Government] or the 3[Competent Authority]] is of opinion__ (a) that any duty imposed on a 1[Board] by or under this Act has not been performed or has been performed in an imperfect, inefficient or unsuitabl

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Section 49

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under this section, give the 3[Board] an opportunity of showing cause why such direction should not be made. 50. Power to provide for enforcement of direction under section 49. If, within the period fixed by a direction made under section 49, any action the taking of which has been directed under that section has not been duly taken, the 4[ 1[Federal Government] or th e 5[Competent Authority] as t

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Section 49

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e why such direction should not be made. 50. Power to provide for enforcement of direction under section 49. If, within the period fixed by a direction made under section 49, any action the taking of which has been directed under that section has not been duly taken, the 4[ 1[Federal Government] or th e 5[Competent Authority] as the case may be,] may make arrangements for the taking of such actio

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Section 51

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to the 7[secretary administrative division], no action shall be taken on the decision. (3) 7[* * * * * * *] 52. Power of 5[Competent Authority] on reference under section 51 or otherwise. (1) The 5[Competent Authority], may at any time 8[* * *]__ (a) direct that any matter or any specific proposal other than one which has been referred to the 7[secretary administrative division ] under sub -sec

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Section 51

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_ (a) direct that any matter or any specific proposal other than one which has been referred to the 7[secretary administrative division ] under sub -section (2) of section 51 be considered or re-considered by the 3[Board] ; or 1Ins. by the Federal Adaptation of Laws Orders, 1975 (P. O No. 4 of 1975), Art. 2 and Table. 2Omitted, by A.O., 1937. 3Subs. by Act No. XXIV of 1936, s. 69. 4

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Section 51

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or such period as may be stated in the order, of action on any decision of a 1[Board], other than a decision which has been referred to him under sub -section (1) of section 51, and thereafter cancel the suspension or 1[after giving the Board a reasonable opportunity of showing cause why such direction should not be made,] direct that the decision shall not be carried into effect or that it shall

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Section 51

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or that it shall be carried into effect with such modifications as he may specify. (2) When any decision of a Board has been referred to him under sub-section (1) of section 51, the 2[Competent Authority] may, by order in writing,__ (a) cancel the order given by the President directing the suspension of action ; or (b) extend the duration of the order for such period as he thinks fit; or 1[(c)

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Section 51

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it shall be carried into effect by the Board with such modifications as he may specify.] 53. Powers of 3[secretary administrative division] on a reference made under section 51. When any decision of a 1[Board] has been referred to the 3[secretary administrative division ] under sub-section (2) of secti on 51, the 3[secretary administrative division ] may, after consulting the 2[Competent Authorit

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Section 56

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r a term which may extend to three months, or with both. 57. Unauthorised possession of spirituous liquor. If within a cantonment, or within any limits defined under section 56,__ (a) any person subject to military or air -force law otherwise than as a military officer or a soldier, or (b) the wife or servant of any such person or of a soldier, 1Subs. by Act No. VII of 1925, s. 14. 2Subs.

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Section 56

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. (1) Any police officer or excise officer may, without an order from a Magistrate and without a warrant, arrest any person whom he finds committing an offence under section 56 or section 57, and may seize and detain any spirituous liquor or intoxicating drug in respect of which such an offence has been committed and any vessels or coverings in which the liquor or drug is contained. (2) Where a pe

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Section 57

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ce officer or excise officer may, without an order from a Magistrate and without a warrant, arrest any person whom he finds committing an offence under section 56 or section 57, and may seize and detain any spirituous liquor or intoxicating drug in respect of which such an offence has been committed and any vessels or coverings in which the liquor or drug is contained. (2) Where a person accused o

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Section 56

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t of which such an offence has been committed and any vessels or coverings in which the liquor or drug is contained. (2) Where a person accused of an offence under section 56 has been previously convicted of an offence under that section, an officer in charge of a police station may, with the written permission of a 4[Magistrate of the first class], seize and detain any spirituous liquor or intoxi

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Section 56

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ime of the alleged commission of the subsequent offence, belonged to, or was in the possession of, such person. (3) The Court convicting a person of an offence under section 56 or section 57 may order the confiscation of the whole or any part of anything seized under sub-section (1) or sub-section(2). (4) Subject to the provisions of Chapter XLIII of the Code of Criminal Procedure, 1898 (V of 1898

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Section 57

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eged commission of the subsequent offence, belonged to, or was in the possession of, such person. (3) The Court convicting a person of an offence under section 56 or section 57 may order the confiscation of the whole or any part of anything seized under sub-section (1) or sub-section(2). (4) Subject to the provisions of Chapter XLIII of the Code of Criminal Procedure, 1898 (V of 1898), anything, s

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Section 60

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ge 52 of 137 1[61. Framing of preliminary proposals. When a resolution has been passed by the Board proposing to impose a tax, fee, toll or any other charge under section 60, the Board shall in the manner prescribed in section 255 publish a notice specifying― (a) the tax, fee, toll or any other charge which it proposed to impose; (b) the persons or classes of persons to be made liable and the d

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Section 255

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When a resolution has been passed by the Board proposing to impose a tax, fee, toll or any other charge under section 60, the Board shall in the manner prescribed in section 255 publish a notice specifying― (a) the tax, fee, toll or any other charge which it proposed to impose; (b) the persons or classes of persons to be made liable and the descripti on of the property or other thing or circumstanc

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Section 61

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arge is to be levied.] 1[62. Objections and disposal thereof .__(1) Any inhabitant of the cantonment may, within thirty days from the publication of the notice under section 61, submit to the Board an objection in writing to all or any of the proposals contained therein. (2) The Board shall take all the objections into consideration and pass orders thereon by special resolution. (3) The Board wh

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Section 61

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y special resolution. (3) The Board while passing an order under sub-section (2) may__ (a) accept all or any of the objections and modify the proposal made under section 61 accordingly; or (b) reject the objections and maintain the original proposal made under section 61.] 1[63. Imposition of tax, fee, toll etc.__The Board, after passing an order under sub-section (2) of section 62, may impose

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Section 61

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pt all or any of the objections and modify the proposal made under section 61 accordingly; or (b) reject the objections and maintain the original proposal made under section 61.] 1[63. Imposition of tax, fee, toll etc.__The Board, after passing an order under sub-section (2) of section 62, may impose the tax, fee, toll or any other charge so proposed.] 64. Definition of “annual value”. For the pur

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Section 62

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ctions and maintain the original proposal made under section 61.] 1[63. Imposition of tax, fee, toll etc.__The Board, after passing an order under sub-section (2) of section 62, may impose the tax, fee, toll or any other charge so proposed.] 64. Definition of “annual value”. For the purposes of this Chapter, “annual value” means__ (a) in the case of 1[* * * * * * *] buildings which a 2[Board] decide

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Section 68

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shall not be necessary to appoint to the Assessment Committee any member 1[of the Board]. 69. Authentication of assessment list . (1) When all objections made under section 68 have been disposed of, and the revision of the valuation and assessment has been completed, the assessment list shall be authenticated by the signature of the members of the Assessment Committee who shall, at the same time,

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Section 69

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ist under the provisions of this Chapter and to the result of any appeal made thereunder, the entries in the assessment list authenticated and deposited as provided in section 69 shall be accepted as conclusive evidence__ (i) for the purpose of assessing any tax imposed under this Act, of the annual value or other valuation of all buildings and lands to which such entries respectively refer, and

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Section 179

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the assessment list and other tax registers of the Board.] 74. Notice of erection of buildings. (1) If any buildin g is erected or re -erected within the meaning of section 179, the owner shall give notice thereof to the Executive Officer within thirty days from the date of its completion or occupation, whichever is earlier. (2) Any person failing to give the notice req uired by sub-section (1) shal

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Section 76

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ement had been separately assessed. 3[77A.] Notice to be given of the circumstances in which remission or refund is claimed. 3[No remission or refund under 4[* *] section 76, or section 77] shall be made unless notice in writing of the 4[fact that the building, land or tenement has become vacant and un-productive of rent] has been given to the 1[Board], and no remission or refund shall take effec

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Section 77

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n separately assessed. 3[77A.] Notice to be given of the circumstances in which remission or refund is claimed. 3[No remission or refund under 4[* *] section 76, or section 77] shall be made unless notice in writing of the 4[fact that the building, land or tenement has become vacant and un-productive of rent] has been given to the 1[Board], and no remission or refund shall take effect in respect of

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Section 75

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s a continuing right of occupation thereof, whether he is in actual occupation or not. (2) The burden of proving all facts entitling any person to claim relief under section 75, or section 76, or section 77, shall be upon him. 79. Notice to be given of every occupation of vacant building or house. (1) The owner of any building, tenement or land in respect of which a remission or refund of tax has

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Section 76

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ght of occupation thereof, whether he is in actual occupation or not. (2) The burden of proving all facts entitling any person to claim relief under section 75, or section 76, or section 77, shall be upon him. 79. Notice to be given of every occupation of vacant building or house. (1) The owner of any building, tenement or land in respect of which a remission or refund of tax has been given under

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Section 77

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tion thereof, whether he is in actual occupation or not. (2) The burden of proving all facts entitling any person to claim relief under section 75, or section 76, or section 77, shall be upon him. 79. Notice to be given of every occupation of vacant building or house. (1) The owner of any building, tenement or land in respect of which a remission or refund of tax has been given under section 76 o

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Section 76

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every occupation of vacant building or house. (1) The owner of any building, tenement or land in respect of which a remission or refund of tax has been given under section 76 or section 77 shall give notice of the re -occupation of such building 5[tenement] or land within fifteen days of such re-occupation. (2) Any owner failing to give the notice required by sub -section (1) shall be punishable

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Section 77

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ion of vacant building or house. (1) The owner of any building, tenement or land in respect of which a remission or refund of tax has been given under section 76 or section 77 shall give notice of the re -occupation of such building 5[tenement] or land within fifteen days of such re-occupation. (2) Any owner failing to give the notice required by sub -section (1) shall be punishable with fine wh

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Section 69

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sessed on the 3[annual rental value] of buildings or lands or both, brought within thirty days next after the date of the authentication of the assessment list under section 69 (exclusive of the time requisite for obtaining a copy of the relevant entries therein), or, as the case may be, within thirty days 1Subs. by Act No. XXIV of 1936, s. 69. 2Subs. by Ordinance No. XLIV of 1979, s. 2. 3

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Section 71

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ance No. XLIV of 1979, s. 2. 3Subs. and omitted by Act No. XLVII of 2023, ss.31and 32. Page 60 of 137 of the date on which an amendment is finally made under section 71, and, in the case of any other tax, within thirty days next after the date of the receipt of the notice of assessment or of altera tion of assessment or, if no notice has been given, within thirty days next after the date o

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Section 89

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the gross payable tax shall stand imposed on the first day of every month of delay if the tax payable for any year is not paid by the date fixed by the Board under section 89.] 2[90. Presentation of bill. __(1) When any sum becomes due for payment on account of any tax, fee, toll, rent or other charges, the Executive Officer or any person authorized him, shall cause to be presented to the perso

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Section 91

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defaulters clears the outstanding amount of tax.] 1[92A. Surcharge payable on taxes, fee, etc. due.__(l) If a person on whom a notice of demand has been served under section 91 does not within a period specified in such notice pay the sum demanded in the notice, he shall be liable to pay a surcharge in addition to the sum and other charges due at the rate of one percent of the sum due, for each comp

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Section 259

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h from the date of expi ry of the period as aforesaid. (2) The amount of interest shall be recoverable in the sam e manner as moneys recoverable by the Board under section 259: Provided that__ (a) where no appeal has been preferred, the executive officer with the previous sanction of the Board; and (b) in any other case, the Director hearing the appeal under section 84, may remit the whole o

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Section 84

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) where no appeal has been preferred, the executive officer with the previous sanction of the Board; and (b) in any other case, the Director hearing the appeal under section 84, may remit the whole or any part of the interest payable in respect of any period.] 93. Distress. (1) It shall be lawful for any servant of the 2[Board] to whom a warrant issued under section 92 is addressed to distrain, w

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Section 92

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e or any part of the interest payable in respect of any period.] 93. Distress. (1) It shall be lawful for any servant of the 2[Board] to whom a warrant issued under section 92 is addressed to distrain, wherever it may be found 2[in the cantonment], any moveable property of 2[or standing timber, growing crops or grass belonging to] the person therein named as defaulter, subject to the following cond

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Section 93

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ime suspended by the Executive Officer, or discharged, the property seized shall, after the expiry of the period named in the notice served under sub -section (2) of section 93, be sold by public auction by order of the Executive Officer. (3) The surplus of the sale-proceeds, if any, shall forthwith be credited to the cantonment fund, and notice of such cre dit, shall be given at the same time to th

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Section 98

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t, proper regard shall be had to the probable cost to the 1[Board] of the services to be rendered. 99. Exemption in the case of buildings. (1) When, in pursuance of section 98, a 1[Board] has fixed a special rate for the cleansing of any factory, hotel, club or group of buildings or lands, such premises shall be exempted from the payment of any conservancy or scavenging tax imposed in the canton

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Section 280

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its management by the 3[Federal Government] on such terms as to the sharing of rents and profits accruing from such property as may be determined by rule made under section 280.]. 4[117. Discretionary functions of Board.__ (1)] A 2[Board] may, within the cantonment, make provision for__ (a) laying out in areas, whether previously built upon or not, new streets, and acquiring land for that purpos

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Section 116

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guaranteeing tramways or other means of locomotion, and electric lighting or electric power works ; 4[or] (k) adopting any measure, other than a measure specified in section 116 or in the foregoing pro visions of this section, likely to promote the safety, health or convenience of the inhabitants of the cantonment ; 4[*] 4[* * * * * * *] 1Ins. by Act No. VII of 1925, s. 6. 2Subs. by Ac

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Section 154

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shall report the matter to the Executive Officer. 155. Action on report submitted by Health Officer. Upon receipt of a report submitted by the Health Officer under section 154, the Executive Officer may, by notice in writing,__ (a) prohibit the supply of milk from the dairy until the notice has been withdrawn ; or (b) prohibit the washerman from washing clothes or other articles in any such pla

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Section 152

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may take possession of any milk, clothes or other articles which are or have recently been in the possession of any dairyman on whom a notice has been served under section 152, or of any clothes or other articles which are or have recently been in the possession of any washerman, on whom a notice has bee n served under section 153, and may subject the same or cause the same to be subjected to such

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Section 153

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rved under section 152, or of any clothes or other articles which are or have recently been in the possession of any washerman, on whom a notice has bee n served under section 153, and may subject the same or cause the same to be subjected to such chemical or other process as he may think necessary ; and the 1[Board] shall pay from the cantonment fund all the costs of the process and shall also pay to

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Section 157

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used without causing risk of infection. 159. Penalty for failure to report. Whoever fails to make to the Executive Officer any report which he is required to make by section 157 or section 158, shall be punishable with fine which may extend to 1[five thousand] rupees. 160. Driver of conveyance not bound to carry person suffering from infectious or contagious disease. Notwithstanding anything contai

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Section 158

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using risk of infection. 159. Penalty for failure to report. Whoever fails to make to the Executive Officer any report which he is required to make by section 157 or section 158, shall be punishable with fine which may extend to 1[five thousand] rupees. 160. Driver of conveyance not bound to carry person suffering from infectious or contagious disease. Notwithstanding anything contained in any law

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Section 161

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ers of any family in which an infectious or contagious disease has appeared who have been compelled to leave their dwe lling by reason of any proceedings taken under section 161 or section 162, and who desire such shelter or accommodation as aforesaid to be provided for them. 164. Disinfection of building before letting the same. (1) Where in a cantonment any building or part of a building is inten

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Section 162

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mily in which an infectious or contagious disease has appeared who have been compelled to leave their dwe lling by reason of any proceedings taken under section 161 or section 162, and who desire such shelter or accommodation as aforesaid to be provided for them. 164. Disinfection of building before letting the same. (1) Where in a cantonment any building or part of a building is intended to be let i

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Section 171

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ry hospital or dispensary maintained or aided under this section. 172. Medical supplies, appliances, etc. (1) Every hospital or dispensary maintained or aided under section 171 shall be maintained in accordance with any general or special orders of the 3[Federal Government] 2[* * *] for the conduct of hospitals and dispensaries or in accordance with the said orders modified in such manner as the 3[F

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Section 171

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rniture and appliances and with sufficient costs, bedding and clothing for in‑patients. 173. Free patients. At every hospital or dispensary maintained or aided under section 171, the sick poor of the cantonment and other inhabitants of the cantonment suffering from infectious or contagious diseases, and, with the sanction of the 1[Board], any other sick persons may receive medical 1[or surgical] tr

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Section 173

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08 (V of 1908). 174. Paying patients. Any sick person who is ineligible to receive medical 1[or surgical] treatment free of cost in any hospital or dispensary under section 173 may be admitted to treatment therein upon such terms as the 1[Board] thinks fit. 175. Power to order person to attend hospital or dispensary. (1) If the Health Officer or the medical officer in charge of a hospital or dispe

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Section 171

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ower to order person to attend hospital or dispensary. (1) If the Health Officer or the medical officer in charge of a hospital or dispensary maintained or aided under section 171 has reason to believe that any person living in the cantonment is suffering from an infectious or contagious disease, he may, by notice in writing, call upon such person to attend for examination at any such hospital or dis

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Section 171

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t persons refusing to attend hospital or dispensary. (1) If the Health Officer or the medical officer in charge of a hospital or dispensary maintained or aided under section 171 reports in writing to the 1[Officer Commanding the station] that any person having received a notice under section 175 has refused or omitted to attend at the hospital or dispensary, specified in the notice, or that such pers

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Section 175

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spital or dispensary maintained or aided under section 171 reports in writing to the 1[Officer Commanding the station] that any person having received a notice under section 175 has refused or omitted to attend at the hospital or dispensary, specified in the notice, or that such person, having at tended the hospital or dispensary, has quitted it without the permission of such medical officer, or that

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Section 175

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hospital or dispensary, has quitted it without the permission of such medical officer, or that any person has failed to comply with any direction given to him under section 175, the 1[Officer Commanding the station] may, by order in writing, direct such person to remove from the cantonment within twenty‑four hours and not to re‑enter it without his permission in writing. (2) No person who has unde

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Section 183

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s as it thinks fit for the welfare of users of the scheme. (3) Every sanction for the new or revised layout plan of a scheme shall be valid for one year in line with section 183. (4) A Board, when sanctioning the erection or re -erection of a building as hereinbefore provided, shall specify a reasonable period after t he work has commenced within which the development of layout plan is to be comple

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Section 183A

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as hereinbefore provided, shall specify a reasonable period after t he work has commenced within which the development of layout plan is to be completed in line with section 183A. (5) In cases of illegal development of a scheme, the provisions of sections 184 and 185 shall apply.] 180. Conditions of valid notice. (1) A person giving the notice required by section 179 shall specify the purpose for

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Section 179

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of illegal development of a scheme, the provisions of sections 184 and 185 shall apply.] 180. Conditions of valid notice. (1) A person giving the notice required by section 179 shall specify the purpose for which it is intended to use the building to which such notice relates. (2) No notice shall be valid until the information required under sub‑section (1) and any further information and plans wh

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Section 181

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sustain in consequence of the refusal of the 2[Board] of sanction to the erection of any building or in respect of any direction issued by it under sub‑section (1) of section 181. (2) The 2[Board] shall make compensation to the owner of any building for any actual damage or loss sustained by him in consequence of the prohibition of the re‑erection of any building or of its requiring any land belong

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Section 181

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and 180, or before the building has been sanctioned or is deemed to have been sanctioned, or (b) without complying with any direction made under sub‑section (1) of section 181, or (c) when sanction has been refused, or has ceased to be available, 1[or has been suspended by the 2[Competent Authority], under clause (b) of sub‑section (1) of section 52], shall be punishable with fine which may ext

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Section 52

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or (c) when sanction has been refused, or has ceased to be available, 1[or has been suspended by the 2[Competent Authority], under clause (b) of sub‑section (1) of section 52], shall be punishable with fine which may extend to 3[fifty thousand] rupees. 185. Power to stop erection or reerection or to demolish . 1[(1)] A 1[Board] may, at any time, by notice in writing, d irect the owner, lessee o

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Section 184

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in the cantonment to stop the erection or re‑erection of a building in any case in which the 1[Board] considers that such erection or re‑erection is an offence under section 184, and may in any such case 1[or in any other case in which the Board considers that the erection or re‑erection of a building is an offence under section 184, 3[* * *] direct the alteration or demolition, as it thinks necessar

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Section 184

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ence under section 184, and may in any such case 1[or in any other case in which the Board considers that the erection or re‑erection of a building is an offence under section 184, 3[* * *] direct the alteration or demolition, as it thinks necessary, of the building, or any part thereof, so erected or re‑erected: Provided that the 1[Board] may, instead of requiring the alteration or demolition of any

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Section 181

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ce in writing direct the owner, lessee or occupier of any land in the cantonment to stop the erection or re‑erection of a building in any case in which the order under section 181 sanctioning the erection or re‑erection has been suspended by the Officer Commanding‑in‑Chief, the Command, under clause (b) of sub‑section (1) of section 52, and shall in any such case in like manner direct the demolition o

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Section 52

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under section 181 sanctioning the erection or re‑erection has been suspended by the Officer Commanding‑in‑Chief, the Command, under clause (b) of sub‑section (1) of section 52, and shall in any such case in like manner direct the demolition or alteration, as the case may be, of the building or any part thereof so erected or re‑erected where the 2[Competent Authority], thereafter directs that the

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Section 185

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t No. XXIV of 1936, ss. 50,51 and 69. 2Subs. by Ordinance No. XLIV of 1979), s. 2. 3Subs. and omitted by Act No. XLVII of 2023, ss.56 and 57. (In sub-section (1) of section 185 some words are added by amendment Act No. XXIV of 1936 later on the word “within” omitted by amendment Act No. XLVII of 2023). Page 95 of 137 1[l85A. Restrictions on use of buildings, layout plan of scheme and con

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Section 210

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*] as it may fix with the previous sanction of the 4[Federal Government]. 211. Conditions which may be attached to licences. A licence granted to any person under section 210 shall specify the part of the cantonment which the licensee may carry on his trade, calling or occupation, and may regulate the hours and manner of transport within the cantonment of any specified articles intended for human

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Section 212

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aptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table. Page 105 of 137 213. Carrying on trade, etc., without licence or in contravention of section 212. Whoever carries on any trade, calling or occupation for which a licence is required without obtaining a licence therefor or while the licence therefor is suspended or after the same has been cancelled, and whoever, after r

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Section 212

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red without obtaining a licence therefor or while the licence therefor is suspended or after the same has been cancelled, and whoever, after receiving a notice under section 212, uses or allows to be used any building or place in contravention thereof, shall be punishable with fine which may extend to 1[five thousand] rupees and, in the case of a continuing offence, with an additional fine which may

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Section 222

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r curtailment, as the case may be, arises from accident or from drought or other unavoidable cause unless, in the case of an agr eement for the supply of water under section 222, the 1[Board] has made express provision for forfeiture, penalty or damages in the event of such failure or curtailment. 224. Conditions of universal application. Notwithstanding anything hereinbefore contained or contained

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Section 222

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e event of such failure or curtailment. 224. Conditions of universal application. Notwithstanding anything hereinbefore contained or contained in any agreement under section 222, the supply of water by a 1[Board] to any building or land shall be, and shall be deemed to have been, granted subject to the following conditions, namely:__ (a) the owner, lessee or occupier of any building or land in or on

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Section 219

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purpose of keeping any such source in good order or of protecting it from contamination or from use, require the 1[Board] to exercise any power conferred upon 4[it] by section 219. 1Subs. by Act No. XXIV of 1936, ss. 69 and 57. 2Ins. by the Repealing and Amending Act, 1930 (Act No. VIII of 1930), s. 2 and 1st Sch. 3Subs. by Act NO. VII of 1925), s. 9. 4Subs. by the Repealing and Amending Act, 19

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Section 222

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officer or serv ant of the 1[Board] shall be construed as references to such person as may be authorised in this behalf by the Officer. 2[(3) The provisions of section 222 shall be applicable in respect of the supply of water by agreement to the Board by the Officer for use for any purpose other than a domestic purpose in like manner as they are applicable to such supply to the owner, lessee or

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Section 233

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plicable to such supply to the owner, lessee or occupier of any building or land in the cantonment.] 234. Recovery of charges. In any case in which the provisions of section 233 apply 1[and in which the Board is not receiving a bulk supply of water under section 234A,] the watertax, if any, imposed in the cantonment and all other charges arising out of the supply of water which may be imposed un

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Section 234A

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ntonment.] 234. Recovery of charges. In any case in which the provisions of section 233 apply 1[and in which the Board is not receiving a bulk supply of water under section 234A,] the watertax, if any, imposed in the cantonment and all other charges arising out of the supply of water which may be imposed under the provisions of this Chapter as applied by section 233 shall be recovered by the 1[B

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Section 233

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if any, imposed in the cantonment and all other charges arising out of the supply of water which may be imposed under the provisions of this Chapter as applied by section 233 shall be recovered by the 1[Board], and all monies so recovered, or such proportion thereof as the 3[Federal Government] may in each case determine, shall be paid by the 1[Board] to the Officer. 1[234A. Supply of water from

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Section 233

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1[234A. Supply of water from Government watersupply to the Board. __(1) Where in any cantonment there is a watersupply such as is referred to in sub‑section (1) of section 233, the Board may 2[and so long as the Board is unable to provide a water‑supply of its own, it shall] receive from the Military Engineer Services or the Public Works Department, as the case may be, at such point or points as

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Section 234A

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Government] whose decision shall be final. 234B. Functions of the Board in relation to distribution of bulk supply. Where under the provisions of subsection (1) of section 234A a bulk supply of water is received by the Board, the Board shall be solely responsible for the supply of water to all persons in the can tonment other than entitled consumers; and the provisions of this Act shall apply as if

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Section 236

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ter such inquiry as he thinks nec essary, satisfied that any person residing in or frequenting the cantonment is a prostitute or has been convicted of an offence under section 236, or of the abetment of such an offence, he may cause to be served on such person an order in writing requiring such person to remove from the cantonment within such time as may be specified in the order, and prohibiting such

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Section 207

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of any rule, bye‑law or order made thereunder: Provided that nothi ng in this section shall be deemed to confer upon any person any power such as is referred to in section 207 or section 215 or to authorise the conferment upon any person of any such power. 1Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table. 2Subs. by A. O., 1937. 3Subs. by Ordinance

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Section 215

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bye‑law or order made thereunder: Provided that nothi ng in this section shall be deemed to confer upon any person any power such as is referred to in section 207 or section 215 or to authorise the conferment upon any person of any such power. 1Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table. 2Subs. by A. O., 1937. 3Subs. by Ordinance No. XLIV of 197

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Section 236

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officer, and no person so arrested shall be detained after his name and address have been ascertained ; and (b) no person shall be so arrested for an offence under section 236 except__ (i) at the request of the person importuned or of a military officer in whose presence the offence was committed ; or (ii) by or at the request of a member of the Military or Air Force Police, who is employed in

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Section 256

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count shall be recoverable by the 1[Board]. Recovery of Money. 257. Liability of occupier to pay in default of owner. (1) If any such notice as is referred to in section 256 has been given to any person in respect of property of which he is the owner, the 1[Board] may require any occupier of such property or of any part thereof to pay to it, instead of to the owner, any rent payable by him in res

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Section 256

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hereof to pay to it, instead of to the owner, any rent payable by him in respect of such property, as it falls due, up to the amount recoverable from the owner under section 256: Provided that, if the occupier, on application made to him by the 1[Board], refuses truly to disclose the amount of his rent or the name or address of the person to whom it is payable, the 1[Board], may recover from the oc

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Section 256

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close the amount of his rent or the name or address of the person to whom it is payable, the 1[Board], may recover from the occupier the whole amount recoverable under section 256. (2) Any amount recovered from an occupier instead of from an owner under sub‑section (1) shall, in the absence of any contract between the owner and the occupier to the contrary, be deemed to have been paid to the owner.

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Section 262

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the District Magistrate, and to the other party concerned, and shall, as soon as may be, nominate such members of the Committee, as it is entitled to nominate under section 262, and, by notice in writing, call upon the other persons who are entitled to nominate a member or members of the Committee to nominate such member or members in accordance with the provisions of that section. 262. Constituti

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Section 261

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. (2) If the 1[Board] or the other party concerned or the 4[Officer Commanding the station] fails within seven days of the date of issue of the notice referred to in section 261 to make any nomina tion which it or he is entitled to make or, if any member who has been so nominated neglects or refuses to 1Subs. and omitted by Act No. XXIV of 1936, ss. 61, 69 and 62. 2Subs. by Act No. XLVII of

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Section 262

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which it or he may be called upon to do so by the District Magist rate, such failure shall be deemed to constitute a failure to make a nomination within the meaning of section 262. 264. Meetings and Powers of Committees of Arbitration. (1) When a Committee of Arbitration has been duly constituted, the 1[Board] shall, by notice in writing, inform each of the members of the fact, and the Committee shal

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Section 274

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d repealed by Act No. XXIV of 1936, ss. 69 and 64. 2Subs. by Act No. VII of 1925, s. 11. Page 124 of 137 275. Petition of appeal . (1) Every appe al under section 274 shall be made by petition in writing accompanied by a copy of the order appealed against. (2) Any such petition may be presented to the authority which made the order against which the appeal is made, and that authority sha

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Section 137

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anation. 276. Suspension of action pending appeal. On the admission of an appeal from an order, other than an order contained in a notice issued under clause (a) of section 137, section 140, section 176, or section 238, all proceedings to enforce the order and all prosecutions for any contravention thereof shall be held in abeyance pending the decision of the appeal, and, if the order is set aside

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Section 140

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6. Suspension of action pending appeal. On the admission of an appeal from an order, other than an order contained in a notice issued under clause (a) of section 137, section 140, section 176, or section 238, all proceedings to enforce the order and all prosecutions for any contravention thereof shall be held in abeyance pending the decision of the appeal, and, if the order is set aside on appeal, di

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Section 176

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of action pending appeal. On the admission of an appeal from an order, other than an order contained in a notice issued under clause (a) of section 137, section 140, section 176, or section 238, all proceedings to enforce the order and all prosecutions for any contravention thereof shall be held in abeyance pending the decision of the appeal, and, if the order is set aside on appeal, disobedience

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Section 238

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appeal. On the admission of an appeal from an order, other than an order contained in a notice issued under clause (a) of section 137, section 140, section 176, or section 238, all proceedings to enforce the order and all prosecutions for any contravention thereof shall be held in abeyance pending the decision of the appeal, and, if the order is set aside on appeal, disobedience thereto, shall not

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Section 277

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ect to appeals shall apply, as far as may be, to applications for revision made under this section. 278. Finality of appellate orders. Save as otherwise provided in section 277 every order of an appellate authority shall be final. 279. Right of appellant to be heard. No appeal shall be decided under this Chapter unless the appellant has been heard, or has had a reasonable opportunity of being hea

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Section 116A

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ng military lands;] 2[(bb) the allotment to a 3[Board] of a share of the rents and profits accruing from property entrusted to its management under the provisions of section 116A ;] (c) the appointment, control, supervision, 4[conditions of service, transfer,] suspension, removal, dismissal and punishment of servants of 3[Boards] ; (cc) 5[* * * * * * *] (d) the circumstances in which security s

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Section 280

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sters, statements and forms to be used and maintained by any authority for the purposes of this Act. 281. Supplemental provisions respecting rules. (1) A rule under section 280 may be made either generally for all cantonments or for the whole or any part of any one or more cantonments. 1Ins. by Act No. XLVII of 2023, s. 81. 2Ins. by Act No. VII of 1925, s. 12. 3Subs. and omitted by A

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Section 210

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er, milk, sweetmeats and other articles of food or drink for human consumption ; (16) the matters regarding which conditions may be imposed by licences granted under section 210 ; (17) the control and supervision of places where dangerous or offensive trades are carried on so as to secure cleanliness therein or to minimise any injurious, offensive or dangerous effects arising or likely to arise the

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Section 54

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de t hereunder to any of its officers subject to such conditions or limitations as may be specified, in the resolution.] 287. Registration. (1) Paragraphs 2 and 3 of section 54, and sections 69, 107 and 123 of the Transfer of Property Act, 1882 (IV of 1882), with respect to the transfer of property by registered instrument, shall, on and from the commencement of this Act, extend to every cantonment.

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Section 289

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Board] shall, in any legal proceeding to which the 1[Board] is not a party, be required to produce any register or document the contents of which can be proved under section 289 by a certified copy, or to appear as a witness to prove any matter or transaction recorded therein save by order of the Court made for special cause. 291. Application of Act IV of 1899. For the purposes of the Government Bu

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Section 91

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Amending Act, 1927 (Act No. X of 1927), s. 2 and 1st Sch. 3Ins. by Act No. XLVII of 2023, s.88. Page 132 of 137 SCHEDULEI NOTICE OF DEMAND. (See section 91.) To residing at Take notice that the 1[Board] demands from the sum of due from on account of (here describe the property, occupation, circumstance or thing in respect of which the sum is payable) leviable under

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Section 92

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recovery of the same with costs. Dated this day of 19 (Signed) Executive Officer, Cantonment. ___________ 2[SCHEDULEII FORM OF WARRANT (See section 92) (Here insert the name of the officer charged with the execution of the warrant) Whereas A. B. of _________________has not paid, and has not shown satisfactory cause for the non‑payment of the sum due on account of ________

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Section 93

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__________ 20______ (Signed) Executive Officer Cantonment.] ___________ SCHEDULE III. FORM OF INVENTORY OF PROPERTY DISTRAINED AND NOTICE OF SALE. (See section 93.) To residing at Take notice that I have this day seized the property specified in the inventory annexed hereto, for the value of due for the liability * mentioned in the margin for the period commencing with the

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Section 250

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xecuting the warrant) INVENTORY (Here state particulars of property seized) _______ SCHEDULE IV. CASES IN WHICH POLICE MAY ARREST WITHOUT WARRANT. (See section 250.) 1 Section 2 Subject 118 (1) (a) (i) .. 167 .. .. PART A. Drunkenness. etc. Making or selling of food, etc., or washing of clothes, by infected person. 1Subs. by Act No.

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Section 2

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INVENTORY (Here state particulars of property seized) _______ SCHEDULE IV. CASES IN WHICH POLICE MAY ARREST WITHOUT WARRANT. (See section 250.) 1 Section 2 Subject 118 (1) (a) (i) .. 167 .. .. PART A. Drunkenness. etc. Making or selling of food, etc., or washing of clothes, by infected person. 1Subs. by Act No. XXIV of 1936, s. 69.

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Section 274

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.. .. Loitering or importuning for sexual immorality. 240 (a) .. .. Remaining in, or returning to, a cantonment after notice of expulsion. SCHEDULE V. (See section 274.) APPEALS FROM ORDERS. 1 Section 2 Executive Order 3 Appellate Authority 4 Time allowed for appeal. 126 1[Board’s] notice to 2[remove,] repair, protect or enclose a building, wall or anything affixed

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Section 2

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mmorality. 240 (a) .. .. Remaining in, or returning to, a cantonment after notice of expulsion. SCHEDULE V. (See section 274.) APPEALS FROM ORDERS. 1 Section 2 Executive Order 3 Appellate Authority 4 Time allowed for appeal. 126 1[Board’s] notice to 2[remove,] repair, protect or enclose a building, wall or anything affixed thereto, or well, tank, reservoir, pool, d

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Section 60

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ibiting him from re entering it without permission. District Magistrate Thirty days from service of notice. SCHEDULE VI. 4[Repealed]. 5[SCHEDULE VII [see section 60] (a) Tax on annual rental value of immovable property; (b) tax on transfer of immovable property; (c) professional tax; 1Subs. and ins. by Act No. XXIV of 1936, ss. 69 and 68. 2Subs. by Ordinance No. XLIV of 1979, s.

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Provisions explicitly cited in other instruments 2

Article 243 of Constitution of the Islamic Republic of Pakistan

Cited by Cantonments Act, 1924

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cles, electronic display screens including light emitting diode (LED) and surface mounted device (SMD), etc.; (ib) “armed forces” means the armed forces mentioned in Article 243 of the Constitution of the Islamic Republic of Pakistan, 1973;] 1It has been extended to the Leased Areas of Baluchistan, see G.G.O 3 of 1950; and applied in the Federated Areas of Baluchistan, see Gazette of India, 1937, Pt. I. p. 1499. The Act has been extended to the Balu

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Target heading · Constitution of the Islamic Republic of Pakistan

1[243. Command of Armed Forces. __ (1) The Federal Government shall have control and command of the Armed Forces. (2) Without prejudice to the generality of the foregoing provision, the Supreme Command of the Armed Forces shall vest in the President. (3) The President shall subject to law, have power__ (a) to

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Section 57 of Code of Civil Procedure (CPC) , 1908 (Under Review)

Cited by Cantonments Act, 1924

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ubsistence allowance shall not be less than the lowest allowance for the time being fixed for the subsistence of judgment debtors by the 2[Provincial Government] under section 57 of the Code of Civil Procedure, 1908 (V of 1908). 174. Paying patients. Any sick person who is ineligible to receive medical 1[or surgical] treatment free of cost in any hospital or dispensary under section 173 may be admitted to treatment therein upon such t

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Target heading · Code of Civil Procedure (CPC) , 1908 (Under Review)

3[57. Subsistence Allowance.] Omitted by the Code of Civil Procedure (Amdt.) Ordinance, 1980 (X of 1980), s. 7.

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Other laws referring to provisions of this instrument 2

Section 13A of Cantonments Act, 1924

Cited by Cantonments Ordinance, 2002 (CXXXVII)(Repealed by Act No. XLVII of 2023)

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a cantonment into wards in such a way that the number of wards is equal to the number of members to be elected on general seats of a Cantonment Board specified under section 13A of the Cantonments Act; 1924 (II of 1924). (2) For the purposes of delimitation of wards of a cantonment, (a) a ward shall consist of a village or revenue estate or census block or adjoining census blocks as determined for purposes of the last p

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Target heading · Cantonments Act, 1924

4[13A. Constitution of Cantonment Boards. __(1) The Board for a Class I Cantonment shall consist of the following members, namely:__ (a) the Officer Commanding the station or, if the Federal Government so directs in respect of any cantonment, such other military officer as may be nominated by the Competent Auth

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Section 13A of Cantonments Act, 1924

Cited by Cantonments Ordinance, 2002 (CXXXVII)(Repealed by Act No. XLVII of 2023)

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his term, a member shall continue to function as member until the election or, as the case may be, nomination of his successor is notified under sub section (5) of section 13A of the Cantonments Act, 1924 (II of 1924). (2) The term of office of an exofficio member of a Board shall continue so long as he holds the office by virtue of which he is such a member. (3) The term of office of a member elected through byeel

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Target heading · Cantonments Act, 1924

4[13A. Constitution of Cantonment Boards. __(1) The Board for a Class I Cantonment shall consist of the following members, namely:__ (a) the Officer Commanding the station or, if the Federal Government so directs in respect of any cantonment, such other military officer as may be nominated by the Competent Auth

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Cited instruments not matched in this library 26

Adaptation of Central Acts and Ordinances Order, 1949

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ilk is sold for consumption on premises only]; 1Renumbered and ins. by Act No. XLVII of 2023, s.2. 2Subs. by Ordinance No. XLIV of 1979, s.2. 3Subs.by the Adaptation of Central Acts and Ordinances Order, 1949 (Order No. 4 of 1949), s.3. 4Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table. 5Subs.by A.O 1937. 6Subs. by Act No. XXIV of 1936, s.2. 7Omitted by Ordinance No. XXXVIII of 1960,

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Pakistan Air Force Act, 1953

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a) a person who being an officer within the meaning of 1[* * * 2[*]the Pakistan Army Act, 1952] 3[the Pakistan Navy Ordinance, 1961 (XXXV of 1961)] , 1[***] 2[or the Pakistan Air Force Act, 1953], is commissioned and in pay as an officer doing military or air force duty with 4[the military or air forces of Pakistan], or is an officer doing such duty in any arm branch or part of those forces; or (b) a person doin

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Pakistan Air Force Act, 1953

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he is or is not an officer with in the meaning of 1[***] 2[*] the Pakistan Army Act, 1952 ] 3[the Pakistan Navy ordinance, 1961 (XXXV of 1961)] 1[***] 2[or the of Pakistan Air Force Act, 1953] ; (xxii) “nuisance” includes any act, omission, place or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell or hearing, or which is or may be dangerous to life or inj

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Adaptation of Central Acts and Ordinances Order, 1949

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fect from the 14th October, 1955). 3Ins. by Act No. XLVII of 2023, s.2. 4Subs. by A.O., 1961, Art. 2 and Sch. (with effect from the 23rd March, 1956). 5Subs.by the Adaptation of Central Acts and Ordinances Order, 1949 (Order No. 4 of 1949), s.3. 6Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table. 7Subs. by A.O., 1937. 8Ins. by the Repealing and Amending Act, 1935 (Act No. XII of 1935), s.2 and 1s

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Repealing and Amending Act, 1935

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, 1949 (Order No. 4 of 1949), s.3. 6Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table. 7Subs. by A.O., 1937. 8Ins. by the Repealing and Amending Act, 1935 (Act No. XII of 1935), s.2 and 1st Sch. 9Subs. by Ordinance No. XLIV of 1979, s. 3. 10Omitted by Ordinance No. XXXVII of 1960, s. 2 (with effect from the 16th May, 1960). Page 23 of 137 (xxvi) “owner” includes an

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Industrial Relations Ordinance, 1969

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ldings, bridges and things, used for, or intended for the purpose of, supplying water to a cantonment; 6[*] 6[(xxxixa) “work” shall have the same meaning as in the Industrial Relations Ordinance, 1969, (XXIII of 1969) , and shall include a selfemployed craftsman like black-smith, carpenter, tailor and shoe maker; and]. (xl) “year” means the year commencing on the first day of 7[July].] 1Subs. by the Federal La

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Central Adaptation of Laws Order, 1964

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VII of 1925, s. 2. 4Subs. by A.O., 1937. 5Subs. and omitted by Act No. XXIV of 1936, s. 2. 6Omitted and ins. by Ordinance No. XLIV of 1979, s. 3. 7Subs. by the Central Adaptation of Laws Order, 1964 (P.O. No.1 of 1964), Art. 2 and Sch. Page 25 of 137 CHAPTER II. DEFINITION AND DELIMITATION OF CANTONMENTS. 3. Definition of Cantonments. (1) The 1[Federal Government], 2[* * *] may by notification in the 2[offic

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Federal Public Service Commission Ordinance, 1977

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officers or authorities, in such manner and on such te rms and conditions as may be prescribed in accordance with the Civil Servants Act, 1973 (LXXI of 1973) and the Federal Public Service Commission Ordinance, 1977 (XLV of 1977). (5) The director general and other officers and staff members appointed under this section shall exercise such powers and perform such functions as may be prescribed and as may be assigned to them by the secr

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Repealing and Amending Act, 1939

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and an Executive Officer. 1Subs. and omitted by A.O., 1937. 2Omitted by A.O., 1949. 3Ins. by Act No. XLVII of 2023, s.5. 4Amended by the Repealing and Amending Act, 1939 (Act No. XXXIV of 1939), s.2 and 1st Sch. 5Subs. by Act No. XXIV of 1936, ss. 69 and 5. Page 28 of 137 11. Incorporation of Cantonment Board. Every Board shall, by the name of the place by reference to which the

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Central Laws Adaptation Order, 1961

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1Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table. 2Subs., ins. and added by Act No. XXV of 1952, s. 2. 3Omitted by Central Laws Adaptation Order, 1961 (P.O No. 1 of 1961), Art. 2 and Sch. (with effect from the 23rd March, 1956.) 4The Cantonments (Amdt.) Act No. XXIV of 1936 came into force on the 31st October, 1936. 5Subs. by Ordinance No. XXXVIII of 1960, s. 3, (with eff

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Repealing and Amending Act , 1940

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unproductive of rent bears to the total length of the season.] 1Ins. subs. and omitted by Act No. XXIV of 1936, ss. 28, 29,30 and 69. 2Subs. by the Repealing and Amending Act , 1940 (Act No. XXXII of 1940), s. 3 and 2nd Sch. 3Ins. and Subs. by Act No. XLVII of 2023, ss.26 and 27. 4Ins. by Act No. VII of 1931, s. 4. 5Subs. by Act No. XXVI of 1927, s. 9. 6Added by Act No. XV of 1942, s. 7. 7Subs. by

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Repealing and Amending Act, 1936

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9 and 30. 2Subs. by Act No. XLVII of 2023, ss.27,28 and 29. 3Subs. by Act No. XXVI of 1927, s. 11. 4Repealed and subs. by Act No. VII of 1931, s. 5. 5Ins. by the Repealing and Amending Act, 1936 (Act No. XXIV of 1936), s. 2, and 1st Sch. Page 58 of 137 Octroi, Terminal Tax and Tool. 81. Inspection of imported goods, etc. Every person bringing or receiving any goods, vehicles or animals within the lim

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Cantonments Act, 1910

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, and there shall be placed to the credit thereof the following sums, namely:__ (a) the balance, if any, of the cantonment fund formed for the cantonment under the Cantonments Act, 1910, (XV of 1910); (b) all sums received by or on behalf of the 1[Board], 2[*] 2[* * * * * * *] 107. Custody of cantonment fund. (1) Where in or near a cantonment there is a Government treasury or sub‑treasury, or a bra

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Repealing and Amending Act, 1939

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rinal, drain, cesspool, or other common receptacle for such matter. 1Subs. by Act NO. VII of 1925, s. 14. 2Subs. by Act NO. XXIV of 1936, s. 69. 3Subs. by the Repealing and Amending Act, 1939 Act NO. XXXIV of 1939), s. 2 and 1st Sch. Page 78 of 137 132. Deposit and disposal of rubbish, etc . (1) Every 1[Board] shall provide or appoint, in proper and convenient situations, public receptacles, depots or

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Repealing and Amending Act, 1930

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all his customers within the cantonment, or to give him such information as will enable him to trace the persons to whom the dairyman has sold milk. 1Subs. by the Repealing and Amending Act, 1930 (Act No. VIII of 1930), s. 2 and 1st Sch. 2Subs. by Act No. XXIV of 1936, s. 69. 3Subs. by Act No. XLVII of 2023, s.51. 4Subs. by Ordinance No. XLIV of 1979, s.2. 5Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O

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Repealing and Amending Act, 1930

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(c) uses a public conveyance for the carriage of the corpse of a person who has died from any such disease, 1Subs. by Act No. XXIV of 1936, s. 69. 2Subs. by the Repealing and Amending Act, 1930 (Act No. VIII of 1930) s. 2 and 1st Sch. Page 85 of 137 shall be bound to take proper precautions against the communication of the disease to other persons using or who may thereafter use the conveyance and to

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Repealing and Amending Act, 1930

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1Subs. by Act No. XXIV of 1936, s. 69. 2Subs. by A.O., 1961, Art. 2 (with effect from the 23rd March, 1956). 3Subs. by Act No. XLVII of 2023, s. 62. 4Subs. by the Repealing and Amending Act, 1930 (Act No. VIII of 1930), s. 2 and 1st Sch. Page 100 of 137 (4) Nothing in this section shall be deemed to authorise the establishment of a public market or public slaughter‑house within the limits of any area administ

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Adaptation of Central Acts and Ordinances Order, 1949

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ndors of wheat, rice and other grain or of flour ;4* 3[(q)] makers and vendors of sugar or sweetmeats ; 4[and 1Subs. by Act No. XLVII of 2023, s. 66. 2Subs. by Adaptation of Central Acts and Ordinances Order, 1949 (Order No. 4 of 1949) s. 3. 3Relettered by the Repealing and Amending Act, 1934 (Act No. XXIV of 1934), s. 2 and 1st Sch. 4Omitted and ins. by Act No. XXIV of 1936, s. 55. Page 104 of 137 (r) barbers and keeper

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Repealing and Amending Act, 1934

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; 4[and 1Subs. by Act No. XLVII of 2023, s. 66. 2Subs. by Adaptation of Central Acts and Ordinances Order, 1949 (Order No. 4 of 1949) s. 3. 3Relettered by the Repealing and Amending Act, 1934 (Act No. XXIV of 1934), s. 2 and 1st Sch. 4Omitted and ins. by Act No. XXIV of 1936, s. 55. Page 104 of 137 (r) barbers and keepers of shaving saloons ;] 1[(s) or any other occupation as the Board may notify fro

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Repealing and Amending Act, 1930

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ination or from use, require the 1[Board] to exercise any power conferred upon 4[it] by section 219. 1Subs. by Act No. XXIV of 1936, ss. 69 and 57. 2Ins. by the Repealing and Amending Act, 1930 (Act No. VIII of 1930), s. 2 and 1st Sch. 3Subs. by Act NO. VII of 1925), s. 9. 4Subs. by the Repealing and Amending Act, 1939 (Act No. XXXIV of 1939), s. 2 and 1st Sch. Page 112 of 137 (2) In the case of any

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Repealing and Amending Act, 1939

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of 1936, ss. 69 and 57. 2Ins. by the Repealing and Amending Act, 1930 (Act No. VIII of 1930), s. 2 and 1st Sch. 3Subs. by Act NO. VII of 1925), s. 9. 4Subs. by the Repealing and Amending Act, 1939 (Act No. XXXIV of 1939), s. 2 and 1st Sch. Page 112 of 137 (2) In the case of any water‑supply such as is referred to in sub‑section (1), the following provisions of this Chapter, namely, the provisions of secti

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Repealing and Amending Act, 1940

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dult male member or servant of his family shall be deemed to be service upon the minor. 1Subs. and omitted by Act No. XXIV of 1936, ss. 69 and 60. 2Subs. by the Repealing and Amending Act, 1940 (Act No. XXXII of 1940), s. 3 and 2nd Sch. Page 119 of 137 255. Method of giving notice. Every notice which, by or under this Act, is to be given or served as a public notice or as a notice which is not required to b

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Repealing and Amending Act, 1927

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75 (P.O No. 4 of 1975), Art. 2 and Table. 5Subs. by A.O., 1937. 6Ins. by Ordinance No. XLIV of 1979, s. 11. 7Subs. by Act No. XXXV of 1926, s. 11. 8Subs. by the Repealing and Amending Act, 1927 (Act No. X of 1927), s. 2 and 1st Sch. Page 131 of 137 290. Evidence by officer or servant of the Board. No officer or servant of a 1[Board] shall, in any legal proceeding to which the 1[Board] is not a party, be

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Cantonments Ordinance, 2002

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municipalities and municipal authorities respectively. 292. 2[Repealed] 3[292A. Repeal and saving.__(1) The following laws are hereby repealed, namely:— (a) the Cantonments Ordinance, 2002 (CXXXVII of 2002); and (b) the Cantonments Local Government (Elections) Ordinance, 2002 (LXXIX of 2002). (2) The repeal of of laws under sub-section (1) shall not— (a) revive anything n ot in force or existing at the time

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Repealing and Amending Act, 1927

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, notification, ord er, scheme, rule, form or bye -law made or issued under the provisions of this Act.] 1Subs. by Act No. XXIV of 1936, s. 69. 2Repealed by the Repealing and Amending Act, 1927 (Act No. X of 1927), s. 2 and 1st Sch. 3Ins. by Act No. XLVII of 2023, s.88. Page 132 of 137 SCHEDULEI NOTICE OF DEMAND. (See section 91.) To residing at Take notice that the 1[Board] demands from

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Repealing and Amending Act, 1939

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zed in this behalf by the 4[Federal Government]]. Thirty days from service of notice. 1Subs. and ins. by Act No. XXIV of 1936, ss.69 and 68. 2Ins.by the Repealing and Amending Act, 1939 (Act No. XXXIV of 1939), s. 2 and 1st Sch. 3Subs. by Ordinance No. XLIV of 1979, s. 2. 4Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table. Page 135 of 137 SCHEDULE V. contd

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Recorded title: Cantonments Act, 1924
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Cantonments Act, 1924

CHAPTER I.

Section 1. Short title, extent and commencement

Section 2. Definitions

CHAPTER II.

Section 3. Definition of Cantonments

Section 4. Alteration of limit of cantonments

Section 5. The effect of including area in cantonment

Section 6. Disposal of cantonment fund when area ceases to be a cantonment

Section 7. Disposal of cantonment fund when area ceases to be included in a cantonment

Section 8. Application of funds and property transferred under sections 6 and 7

[4] Section 8A. Management of property or land

Section 9. Limitation of operation of Act

Section 9A. Directorate of military lands and cantonments

CHAPTER III.

[5] Section 10. Cantonment Board and Executive Officer

Section 11. Incorporation of Cantonment Board

Section 12. Appointment of Executive Officer

Section 13. 5[Classification of Cantonments

[4] Section 13A. Constitution of Cantonment Boards

Section 14. Power to vary constitution of Boards in special circumstances

Section 16. 5[Omitted]

Section 17. 5[Omitted]

Section 18. 6[Omitted]

Section 19. 6[Omitted]

Section 19B. Delimitation of cantonment into wards

Section 19C. Election on the basis of adult franchise

Section 19D. Authority for local government electi on

Section 19E. Indirect elections

Section 19F. Qualifications for candidates and elected members

Section 19G. Electoral rolls

Section 19H. Election to vacant seats

Section 19I. Term of office

Section 19L. Removal

Section 19M. Resignation of member

Section 19Q. Summary trial

Section 19S. P ower to make rules

Section 19T. Removal of nominated member

[1] Section 20. President and Vice­President

Section 21. Term of office of Vice -President

Section 22. Duties of President

Section 23. Duties of Vice­President

Section 24. Duties of the Executive Officer

Section 25. Special power of the Executive Officer

Section 26. 2[Omitted]

Section 27. 2[Omitted]

Section 28. 2[Omitted]

Section 29. 2[Omitted]

Section 30. 2[Omitted]

Section 31. 2[Omitted]

Section 32. Member not to vote on matter in which he is interested

Section 33. Liability of members

Section 34. 5[Omitted]

Section 35. 5[Omitted]

Section 36. Disqualification of person as servant of Board

[3] Section 36A. Cantonment servant to be deemed a public servant

Section 37. Meetings

Section 38. Business to be transacted

Section 39. Quorum

[1] Section 40. Presiding officer

Section 41. Minutes

Section 42. Meetings to be Public

Section 43. Method of deciding questions

[1] Section 43A. Committees or Bazars

[6] Section 43B. Local reconciliation or maqami masalihat committee

Section 44. Power to make regulations

Section 45. Joint action with other local authority

[1] Section 45A. Report on administration

Section 46. Power of 2[Federal Government] to require production of documents

Section 47. Inspection

Section 48. Power to call for documents

Section 49. Power to require execution of work, etc

Section 50. Power to provide for enforcement of direction under section 49

Section 51. Power to override decision of Board

Section 52. Power of 5[Competent Authority] on reference under section 51 or otherwise

Section 53. Powers of 3[secretary administrative division] on a reference made under section 51

Section 54. Supersession of Board

Section 55. Validity of proceedings, etc

CHAPTER IV.

Section 56. Unauthorised sale of spirituous liquor or intoxicating drug

[1] Section 20. President and VicePresident

Section 23. Duties of VicePresident