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  "title": "Cantonments Act, 1924",
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  "text": "Page 1 of 137 \r\n \r\n \r\n \r\n THE CANTONMENTS ACT, 1924. \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\nTABLE OF CONTENTS. \r\n \r\nCHAPTER I. \r\n PRELIMINARY. \r\n1. Short title, extent and commencement. \r\n2. Definitions. \r\n_______ \r\nCHAPTER II. \r\nDEFINITION AND DELIMITATION OF CANTONMENTS. \r\n3. Definition of cantonments. \r\n4. Alteration of limit of cantonments. \r\n5. The effect of including area in cantonment. \r\n6. Disposal of cantonment fund when area ceases to be a cantonment. \r\n7. Disposal of cantonment fund when area ceases to be included in a cantonment. \r\n8. Application of funds and property transferred under sections 6 and 7. \r\n8A. Management of property or land. \r\n9. Limitation of operation of Act. \r\n_______ \r\nCHAPTER IIA. \r\nADMINISTRATION OF MILITARY LAND And CANTONMENT. \r\n9A. Directorate of military lands and cantonments. \r\n  \r\n \r\n\r\n \r\nPage 2 of 137 \r\n \r\nCHAPTER III. \r\n CANTONMENT BOARDS. \r\nBoards. \r\n10. Cantonment Board and Executive Officer. \r\n11. Incorporation of Cantonment Board. \r\n12. Appointment of Executive Officer. \r\n13. Classification of Cantonments. \r\n13A. Constitution of Cantonment Boards. \r\n14. Power to vary constitution of Boards in special circumstances. \r\n15-15I. [Omitted]. \r\n16. [Omitted]. \r\n17. [Omitted]. \r\n18. [Omitted]. \r\n19. [Omitted]. \r\n19A. Local Area. \r\n19B. Delimitation of cantonment into wards. \r\n19C. Election on the basis of adult franchise. \r\n19D. Authority for local government election. \r\n19E. Indirect elections. \r\n19F. Qualifications for candidates and elected members. \r\n19G. Electoral rolls. \r\n19H. Election to vacant seats. \r\n19I. Term of office. \r\n19J. Declaration of property. \r\n19K. Oath of office. \r\n19L. Removal. \r\n19M. Resignation of member. \r\n19N. Ineligibility for re-election. \r\n \r\nPage 3 of 137 \r\n \r\n19O. Notification to be issued. \r\n19P. Offences. \r\n19Q. Summary trial. \r\n19R. Jurisdiction Courts barred. \r\n19S. Power to make rules. \r\n19T. Removal of nominated member. \r\n19U. Casual vacancy in the office of nominated member. \r\n20. President and Vice­President. \r\n21. Term of office of Vice-President. \r\n22. Duties of President. \r\n23. Duties of Vice­President. \r\n24. Duties of the Executive Officer. \r\n25. Special power of the Executive Officer. \r\nElections. \r\n26. [Omitted]. \r\n27. [Omitted]. \r\n28. [Omitted]. \r\n29. [Omitted]. \r\n30. [Omitted]. \r\n31. [Omitted]. \r\nMembers. \r\n32. Member not to vote on matter in which he is interested. \r\n33. Liability of members. \r\n34. [Omitted]. \r\n35. [Omitted]. \r\n \r\n \r\n \r\nPage 4 of 137 \r\n \r\nServants. \r\n36. Disqualification of person as servant of Board. \r\n36A. Cantonment servant to be deemed a public servant. \r\nProcedure. \r\n37. Meetings. \r\n38. Business to be transacted. \r\n39. Quorum. \r\n40. Presiding Officer. \r\n41. Minutes. \r\n42. Meetings to be public. \r\n43. Method of deciding questions. \r\n43A. Committees for Bazars. \r\n43B. Local reconciliation or maqami  masalihat committee. \r\n44. Power to make regulations. \r\n45. Joint action with other local authority.  \r\n45A Report on administration. \r\nControl. \r\n46. Power of Federal Government to require production of documents. \r\n47. Inspection. \r\n48. Power to call for documents. \r\n49. Power to require execution of work, etc. \r\n50. Power to provide for enforcement of direction under section 49. \r\n51. Power to override decision of Board. \r\n52. Power of Competent Authority on reference under Section 51 or otherwise. \r\n53. Powers of secretary administrative division on a reference made under section 51. \r\n54. Supersession of Board. \r\n \r\n \r\nPage 5 of 137 \r\n \r\nValidity of Proceedings. \r\n55. Validity of proceedings, etc. \r\n_______ \r\nCHAPTER IV. \r\nSPIRITUOUS LIQUORS AND INTOXICATING DRUGS. \r\n56. Unauthorised sale of spirituous liquor or intoxicating drug. \r\n57. Unauthorised possession of spirituous liquor. \r\n58. Arrest of persons and seizure and confiscation of things for offences against the two last \r\nforegoing sections. \r\n59. Saving of articles sold or supplied for medicinal purposes. \r\n________ \r\n \r\nCHAPTER V. \r\nTAXATION. \r\n \r\nImposition of Taxation. \r\n60. Power to levy taxes, etc. \r\n61. Framing of preliminary proposals. \r\n62. Objections and disposal thereof. \r\n63. Imposition of tax, fee, toll etc. \r\n64. Definition of “annual value”. \r\n65. Incidence of taxation. \r\nAssessment List. \r\n66. Assessment List. \r\n67. Publication of assessment list. \r\n68. Revision of assessment list. \r\n69. Authentication of assessment list. \r\n70. Evidential value of assessment list. \r\n71. Amendment of assessment list. \r\n72. Preparation of new assessment list. \r\n73. Notice of transfers. \r\n \r\nPage 6 of 137 \r\n \r\n74. Notice of erection of buildings. \r\nRemission and Refund. \r\n75. Demolition, etc., of buildings. \r\n76. Remission of tax. \r\n77. Power to require entry in assessment list of details of buildings. \r\n77A. Notice to be given of the circumstances in which remission or refund is claimed. \r\n78. What buildings, etc., are to be deemed vacant. \r\n79. Notice to be given of every occupation of vacant building or house. \r\nCharge on Immoveable Property. \r\n80. Tax on buildings and land to be a charge thereon. \r\nOctroi, Terminal Tax and Toll. \r\n81. Inspection of imported goods, etc. \r\n82. Evasion of octroi or terminal tax. \r\n83. Lease of octroi, terminal tax or toll. \r\nAppeals. \r\n84. Appeals against assessment. \r\n85. Costs of appeal. \r\n86. Recovery of costs from Board. \r\n87. Conditions of right to appeal. \r\n88. Finality of appellate orders. \r\nPayment and Recovery of Taxes. \r\n89. Time and manner of payment of taxes. \r\n89A. Late payment surcharge. \r\n90. Presentation of bill. \r\n91. Notice of demand. \r\n92. Recovery of tax, fee, toll or other charges. \r\n92A. Surcharge payable on taxes, fee, etc. due. \r\n \r\nPage 7 of 137 \r\n \r\n93. Distress. \r\n94. Disposal of distrained property. \r\n95. Recovery from a person about to leave cantonment. \r\n96. Power to institute suit for recovery. \r\n \r\nSpecial Provisions relating to Taxation. \r\n97. Power to prohibit or exempt from taxation. \r\n98. Power to make special provision for conservancy in certain cases. \r\n99. Exemption in the case of buildings. \r\n99A. General power of exemption. \r\n100. Exemption of poor persons. \r\n101. Composition. \r\n102. Irrecoverable debts. \r\n103. Obligation to disclose liability. \r\n104. Immaterial error not to affect liability. \r\n105. Distraint not to be invalid by reason of immaterial defect. \r\n________ \r\nCHAPTER VI. \r\nCANTONMENT FUND AND PROPERTY. \r\n \r\nCantonment Fund. \r\n106. Cantonment fund. \r\n107. Custody of cantonment fund. \r\nProperty. \r\n108. Property. \r\n109. Application of cantonment fund and property. \r\n110. Acquisition of immovable property. \r\n111. Power to make rules regarding cantonment fund and property. \r\n_______ \r\n \r\n \r\nPage 8 of 137 \r\n \r\nCHAPTER VII. \r\nCONTRACTS. \r\n112. Contracts by whom to be executed. \r\n113. Sanction. \r\n114. Execution of contracts. \r\n115. Contracts improperly executed not to be binding on a Board. \r\n_______ \r\nCHAPTER VIII. \r\nDUTIES AND DISCRETIONARY FUNCTIONS OF BOARDS. \r\n116. Functions of Board. \r\n116A. Power to manage property. \r\n117. Discretionary functions of Board. \r\n117A. Power of expenditure for educational purposes outside the cantonment. \r\n_______ \r\nCHAPTER IX. \r\nPUBLIC SAFETY AND SUPPRESSION OF NUISANCES. \r\n \r\nGeneral Nuisances. \r\n118. Penalty for causing nuisances. \r\nDogs. \r\n119. Registration and control of dogs. \r\nTraffic. \r\n120. Rule of the road. \r\nPrevention of Fire, etc. \r\n121. Use of inflammable materials for building purposes. \r\n122. Stacking or collecting inflammable materials. \r\n123. Care of naked light. \r\n124. Regulation of cinematographic and dramatic performances. \r\n125. Discharging fire­works, fire­arms, etc. \r\n126. Power to require buildings, wells, etc., to be rendered safe. \r\n \r\nPage 9 of 137 \r\n \r\n127. Enclosure of waste land used for improper purposes.  \r\n_______ \r\n \r\nCHAPTER X. \r\nSANITATION AND THE PREVENTION AND TREATMENT OF DISEASE. \r\n \r\nSanitary Authorities. \r\n128. Responsibility for sanitation. \r\n129. General duties of Health Officer. \r\nConservancy and Sanitation. \r\n130. Public latrines, urinals and conservancy establishment. \r\n131. Power of Board to undertake private conservancy arrangements. \r\n132. Deposit and disposal of rubbish, etc. \r\n133. Cess-pools, receptacles for filth, etc. \r\n134. Filling up of tank, etc. \r\n135. Provision of latrines, etc. \r\n136. Sanitation in factories, etc. \r\n137. Private latrines. \r\n138. Removal of congested buildings. \r\n139. Overcrowding of dwelling houses. \r\n140. Power to require repair or alteration of building. \r\n141. Power to require land or building to be cleansed. \r\n142. Power to order disuse of house. \r\n143. Removal of noxious vegetation. \r\n144. Agriculture and irrigation. \r\nBurial and Burning Grounds. \r\n145. Power to call for information regarding burial and burning grounds. \r\n146. Permission of use of new burial or burning ground. \r\n147. Power to require closing of burial or burning ground. \r\n148. Exemption from operation of sections 145 to 147. \r\n \r\nPage 10 of 137 \r\n \r\n149. Removal of corpses. \r\n \r\nPrevention of Infections or Contagious Diseases. \r\n150. Obligation to give information of infectious or contagious diseases. \r\n151. Special measures in case of outbreak of infectious or epidemic diseases. \r\n152. Power to require names of dairyman’s customers. \r\n153. Power to require names of a washerman’s customers. \r\n154. Report after inspection of dairy or washerman’s place of business. \r\n155. Action on report submitted by Health Officer. \r\n156. Examination of milk or washed clothes. \r\n157. Contamination of public conveyance. \r\n158. Disinfection of public conveyance. \r\n159. Penalty for failure to report. \r\n160. Driver of conveyance not bound to carry person suffering from infecti ous or contagious \r\ndisease. \r\n161. Disinfection of building or articles therein. \r\n162. Destruction of infectious hut or shed. \r\n163. Temporary shelter for inmates of disinfected or destroyed building or shed. \r\n164. Disinfection of building before letting the same. \r\n165. Disposal of infected article without disinfection. \r\n166. Means of disinfection. \r\n167. Making or selling of food, etc., or washing clothes by infected person. \r\n168. Power to restrict or prohibit sale of food or drink. \r\n169. Control over wells, tanks, etc. \r\n170. Disposal of infectious corpse. \r\n \r\nHospitals and Dispensaries. \r\n171. Maintenance or aiding of hospitals or dispensaries. \r\n172. Medical supplies, appliances, etc. \r\n \r\nPage 11 of 137 \r\n \r\n173. Free patients. \r\n174. Paying patients. \r\n175. Power to order person to attend hospital or dispensary. \r\n176. Power to exclude from cantonment persons refusing to attend hospital or dispensary. \r\nControl of Traffic for Hygienic Purposes. \r\n177. Routes for pilgrims and others. \r\nSpecial Conditions regarding Essential Services. \r\n178. Conditions of service of sweepers. \r\n_______ \r\nCHAPTER XI. \r\nCONTROL OVER BUILDING, STREETS, BOUNDARIES, TREES, ETC. \r\n \r\nBuildings. \r\n178A. Sanction for building. \r\n178AA. Land use planning, layout planning, control over building plan, etc. \r\n179. Notice of new buildings. \r\n179A. Notice and sanction of new scheme. \r\n180. Conditions of valid notice. \r\n181. Power of Board to sanction or refuse. \r\n182. Compensation. \r\n183. Lapse of sanction. \r\n183A. Period for completion of building. \r\n184. Illegal erection and re­erection. \r\n185. Power to stop erection or re­erection or to demolish. \r\n185A. Restriction on use of building, layout plan of scheme and conversion, etc. \r\n186. Power to make bye­laws. \r\n187. Projections and obstructions. \r\n188. Unauthorised buildings over drains, etc. \r\n189. Drainage and sewer connections. \r\n190. Power to attach brackets for lamps. \r\n \r\nPage 12 of 137 \r\n \r\nStreets. \r\n191. Temporary occupation of street, land, etc. \r\n192. Closing and opening of streets. \r\n193. Names of streets and numbers of buildings. \r\nBoundaries and Trees. \r\n194. Boundary walls, hedges and fences. \r\n195. Felling, lopping and trimming of trees. \r\n196. Digging of public land. \r\n197. Improper use of land. \r\n________ \r\nCHAPTER XII. \r\nMARKETS, SLAUGHTER­HOUSES, TRADES AND OCCUPATIONS. \r\n198. Public markets and slaughter­houses. \r\n199. Use of public markets. \r\n200. Levy of stallages, rents and fees. \r\n201. Stallages, rents, etc., to be published. \r\n202. Private markets and slaughter­houses. \r\n203. Conditions of grant of license for private market or slaughter­house. \r\n204. Penalty for keeping market or slaughter­house open without licence, etc. \r\n205. Penalty for using unlicenced market or slaughter­house. \r\n206. Prohibition and restriction of use of slaughter­houses. \r\n207. Power to inspect slaughter­houses. \r\n208. Power to make bye­laws. \r\nTrades and Occupations. \r\n209. Provisions of washing places. \r\n210. Licences required for carrying on of certain occupations. \r\n211. Conditions which may be attached to licences. \r\n \r\n \r\nPage 13 of 137 \r\n \r\nGeneral Provisions. \r\n212. Power to vary licence. \r\n213. Carrying on trade, etc., without licence or in contravention of section 212. \r\n214. Feeding animals on dirt, etc. \r\nEntry, Inspection and Seizure. \r\n215. Powers of entry and seizure. \r\nImport of Cattle and flesh. \r\n216. Import of cattle and flesh. \r\n_______ \r\nCHAPTER XIII. \r\nWATER­SUPPLY, DRAINAGE AND LIGHTING. \r\nWater­suply. \r\n217. Maintenance of water­supply. \r\n218. Control over sources of public water­supply. \r\n219. Power to require maintenance or closing of private source of public drinking water­supply. \r\n220. Supply of water. \r\n221. Power to require water­supply to be taken. \r\n222. Supply of water under agreement. \r\n223. Board not liable for failure of supply. \r\n224. Conditions of universal application. \r\n225. Supply to persons outside cantonment. \r\n226. Penalty. \r\nWater, Drainage and other Connections. \r\n227. Power of Board to lay wires, connections, etc. \r\n228. Wires, etc., laid above surface of ground. \r\n229. Connection with main not to be made without permission. \r\n230. Power to prescribe ferrules and to establish meters, etc. \r\n231. Power of inspection. \r\n \r\nPage 14 of 137 \r\n \r\n232. Power to fix rates and charges. \r\nApplication of this Chapter to Government Water­Supplies. \r\n233. Government water­supply. \r\n234. Recovery of charges. \r\n234A. Supply of water from Government water­supply to the Board. \r\n234B. Functions of the Board in relation to distribution of bulk supply. \r\n_______ \r\nCHAPTER XIV. \r\nREMOVAL AND EXCLUSION FROM CANTONMENTS AND SUPPRESSION OF \r\nSEXUAL IMMORALITY. \r\n235. Power to remove brothels and prostitutes. \r\n236. Penalty for loitering and importuning for purposes of prostitution. \r\n237. Removal of lewd person from cantonment. \r\n238. Removal and exclusion from cantonment of disorderly persons. \r\n239. Removal and exclusion from cantonment of seditious persons. \r\n240. Penalty. \r\n_______ \r\nCHAPTER XV. \r\nPOWER, PROCEDURE, PENALTIES AND APPEALS. \r\n \r\nEntry and Inspection. \r\n241. Powers of entry. \r\n242. Powers of inspection by member of a Board. \r\n243. Powers of inspection, etc. \r\n244. Power to enter land adjoining land where work is in progress. \r\n245. Breaking into premises. \r\n246. Entry to be made in the day time. \r\n247. Owner’s consent ordinarily to be obtained. \r\n248. Regard to be had to social and religious usages. \r\n249. Penalty for obstruction. \r\n \r\nPage 15 of 137 \r\n \r\nPowers and Duties of Police Officers. \r\n250. Arrest without warrant. \r\n251. Duties of police officers. \r\nNotices. \r\n252. Notices to fix reasonable time. \r\n253. Authentication and validity of notices issued by Board. \r\n254. Service of notice, etc. \r\n255. Method of giving notice. \r\n256. Powers of Board in case of non­compliance with notice, etc. \r\nRecovery and Money. \r\n257. Liability of occupier to pay in default of owner. \r\n258. Relief to agents and trustees. \r\n259. Method of recovery. \r\nCommittees of Arbitration. \r\n260. Application for a Committees of Arbitration. \r\n261. Procedure for convening Committees of Arbitration. \r\n262. Constitution of Committee of Arbitration. \r\n263. No person to be nominated who has direct interest or whose services are not immediately \r\navailable. \r\n264. Meetings and powers of Committees of Arbitration. \r\n265. Decision of Committees of Arbitration. \r\nProsecutions. \r\n266. Prosecution. \r\n267. Compensation of offence. \r\n \r\nGeneral Penalty Provisions. \r\n268. General Penalty. \r\n268A. Orderly use of building. \r\n \r\nPage 16 of 137 \r\n \r\n269. Cancellation and suspension of licences. \r\n270. Recovery of amount payable in respect of damage to cantonment property. \r\nLimitation. \r\n271. Limitation for prosecution. \r\n272. Protection of Board, Executive Officer, etc. \r\n273. Notice to be given of Suits. \r\nAppeals and Revision. \r\n274. Appeals from executive orders. \r\n275. Petition of appeal. \r\n276. Suspension of action pending appeal. \r\n277. Revision. \r\n278. Finality of appellate orders. \r\n279. Right of appellant to be heard. \r\n_______ \r\nCHAPTER XVI. \r\nRULES AND BYE-LAWS. \r\n280. Power to make rules. \r\n281. Supplemental provisions respecting rules. \r\n281A. Power to make regulations relating to military lands. \r\n282. Power to make bye­laws. \r\n283. Penalty for breach of bye­laws. \r\n284. Supplemental provisions regarding bye­laws. \r\n285. Rules and bye­laws to be available for inspection and purchase. \r\n_______ \r\nCHAPTER XVII. \r\nSUPPLEMENTAL PROVISIONS. \r\n286. Extension of certain provisions of the Act and rules to places beyond cantonments.  \r\n286A Power to delegate functions of Executive Officer. \r\n \r\nPage 17 of 137 \r\n \r\n286B. Delegation of powers. \r\n287. Registration. \r\n288. Validity of notices and other documents. \r\n289. Admissibility of document or entry as evidence. \r\n290. Evidence by officer or servant of the Board. \r\n291. Application of Act IV of 1899. \r\n292. [Repealed]. \r\n292A. Repeal and saving. \r\nSCHEDULE­I.__Notice of Demand. \r\nSCHEDULE­II.__Form of Warrant. \r\nSCHEDULE III.__Form of Inventory of Property distrained and Notice of Sale. \r\nSCHEDULE IV.__Cases in which Police may arrest without Warrant. \r\nSCHEDULE V.__Appeals from Orders. \r\nSCHEDULE VI.  [Repealed]. \r\nSCHEDULE VII. \r\n \r\n  \r\n \r\nPage 18 of 137 \r\n \r\nTHE CANTONMENTS ACT, 1924. \r\n1ACT NO. II OF 1924 \r\n[16th February, 1924] \r\nAn Act to consolidate and amend the law relating to the administration of cantonments. \r\nWHEREAS it is expedient to consolidate and amend the law relating to the administration of \r\ncantonments; It is hereby enacted as follows :__ \r\nCHAPTER I.  \r\nPRELIMINARY. \r\n1. Short title, extent and commencement. (1) This Act may be called the Cantonments Act, \r\n1924. \r\n2[(2) It extends to the whole of Pakistan.] \r\n(3) The 3[Federal Government] may, by notification in the 4[official Gazette], direct that this \r\nAct, or any provisions thereof which 4[it] may specify, shall come into force on such date as 4[it] may \r\nappoint in this behalf.  \r\n2. Definitions. In this Act, unless there is anything repugnant in the subject or context,__ \r\n5[(i)  “administrative division” means the division to which business of cantonments \r\nstands allocated; \r\n(ia) “advertisement” includes advertisement through sign boards, hoardings, \r\ncutouts, neon -signs, pole signs, sky signs and boards, billboards, directional \r\nboards, banners, streamers, moppy signs, temporary advertisement struct ures \r\nand stalls, posters, one  way visions, ho t air balloons and blimps, moving \r\nvehicles, electronic display screens including light emitting diode (LED) and \r\nsurface mounted device (SMD), etc.; \r\n(ib) “armed forces” means the armed forces mentioned in Article  243 of the \r\nConstitution of the Islamic Republic of Pakistan, 1973;] \r\n \r\n1It 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, \r\n1937, Pt. I. p. 1499.  \r\nThe Act has been extended to the Baluchistan States Union by G.G.O. 4 of 1953, as amended. \r\nIt has been extended to the Khairpur State, see G.G.O. 5 of 1953 as amended. \r\nIt 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. \r\n2. \r\nThe 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 \r\nrelate 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 \r\nnotification No. 976/63, dated the 17th May, 1963, see Gazette of Pakistan 1963, Pt. III, p. 130. \r\n2Subs. by Ordinance No. XXI of 1960, s. 3 and 2nd Sch. (with effect from the 14th October, 1955). \r\n3Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.  \r\n4Subs. by A.O., 1937. \r\n5Ins. by Act No. XLVII of 2023, s.2. \r\n  \r\n \r\nPage 19 of 137 \r\n \r\n1[(ic)] “Assistant Health Officer” means the medical officer appointed by the \r\n2[Competent Authority], to be the Assistant Health Officer for a cantonment; \r\n(ii) “Board” means a Cantonment Board constituted under this Act; \r\n(iii) “brigade area” means one of the briga de areas, whether occupied by a brigade \r\nor not, into which 3[Pakistan] is for military purposes for the time being divided, \r\nand includes for all or any of the purposes of this Act any area which the \r\n4[Federal Government] may, by notification in the 5[official Gazette], declare to \r\nbe a brigade area for such purpose or purposes; \r\n6[(iv)  “building” means a house, outhouse, stable, latrine, shed, hut  1[, shop, base \r\ntransceiver station (BTS) towers] or other roofed structure whether of masonry, \r\nbrick, wood, mud, metal or other material, and any part thereof, and includes a \r\nwell and a wall (other than a boundary wall not exceeding eight feet in height \r\nand not abutting on a street) but does not include a tent or other portable and \r\ntemporary shelter;] \r\n(v) 6[*  *  *  *  *  * *] \r\n(vi) 7[*  *  *  *  *   * *] \r\n(vii)  “casual vacancy” means a vacancy occurring otherwise than by efflux of time \r\nin the office of an elected member of a Board ; \r\n1[(viia)  “classification”, “re-classification” or “sub-classification” means the classification, re-\r\nclassification or sub -classification of the milit ary lands and of the lands vested in or \r\nentrusted to a Board in the prescribed manner;] \r\n2[(viii) “Competent Authority” means the Chief of the Army Staff or any other officer \r\nappointed by the Federal Government to be the Competent Authority in respect \r\nof one or more cantonments or class of cantonments;] \r\n(ix) 8[* * * * * * *] \r\n(x) “dairy” includes any farm, cattle‑shed, milk‑store, milk‑shop or other place \r\nfrom which milk is supplied or in which milk is kept for purposes of sale or is \r\nmanufactured for sale into butter, ghee, cheese or curds, and, in relation to a \r\ndairyman who does not occupy any premises for the sale of milk, includes any \r\nplace in which he keeps the vessels used b y him for the storage or sale of milk \r\n1[but does not include a shop from which milk is supplied only in the properly \r\nclosed and unopened vessel in which it is delivered to the shop or other place in \r\nwhich milk is sold for consumption on premises only]; \r\n \r\n \r\n \r\n1Renumbered and ins. by Act No. XLVII of 2023, s.2. \r\n2Subs. by Ordinance No. XLIV of 1979, s.2. \r\n3Subs.by the Adaptation of Central Acts and Ordinances Order, 1949 (Order No. 4 of 1949), s.3. \r\n4Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.  \r\n5Subs.by A.O 1937. \r\n6Subs. by Act No. XXIV of 1936, s.2. \r\n7Omitted by Ordinance No. XXXVIII of 1960, s. 2 (with effect from the 16th May, 1960). \r\n8Omitted by Act No. XII of 1935, s.2 and 1st Sch. \r\n \r\n \r\nPage 20 of 137 \r\n \r\n (xi) “dairyman” includes the keeper of a cow, buffalo, goat, ass or other animal, \r\nthe milk of which it offered or is intended to be offered for sale for human \r\nconsumption, and any purveyor of milk and any occupier of a dairy ; \r\n1[(xia)  “elected member” means a person elected under this Act as member of a \r\nBoard;]  \r\n2[3[(xib)] “entitled consumer” means a person in a cantonment who is paid from the \r\nDefence Services Estimates and is authorised by general or special order of \r\nthe 4[Federal Government] to receive a supply of water for domestic \r\npurposes from the Military Engineer Services or the Public Works \r\nDepartment on such terms and conditions as may be specified in the order;] \r\n(xii) 1[*  *   *   *   *   *   *] \r\n5[(xiii)  “executive officer” , “additional executive office r” or “deputy executive \r\nofficer” means the cantonment executive officer, additional cantonment \r\nexecutive officer or deputy cantonment exec utive officer appointed under \r\nthis Act in the prescribed manner and include such other officers as may be \r\nprescribed;] \r\n5[(xiiia)  “fee” means a fee of any kind and description as may be determined and \r\ncharged by a Board in the prescribed manner and includes a charge as may \r\nbe determined in the like manner;] \r\n(xiv) “Health Officer” means the senior executive medical officer in military \r\nemploy on duty in a cantonment; \r\n5[(xiva)  “garrison area” means one of the brigade areas, whether occupied by a \r\ndivision or not, into which Pakistan is for purposes  of armed forces for the \r\ntime being divided and includes for all purposes of this Act any area which \r\nthe Federal Government may, by notification in the official Gazette, declare \r\nto be a garrison area for such purposes;] \r\n(xv) 2[*  * * * * * *] \r\n(xvi) “hut” means any building, no material portion of which above the plinth \r\nlevel is constructed of masonry or of squared timber framing or of iron \r\nframing; \r\n \r\n \r\n \r\n1Subs.and omitted by Ordinance No. XLIV of 1979, s.3. \r\n2Ins.and omitted by Act No. XXIV of 1936, s.2. \r\n3Re­numbered by Ordinance No. XXXVIII of 1960, s. 2 (with effect from the 16th May, 1960). \r\n4Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.  \r\n5Subs. and ins. by Act No. XLVII of 2023, s.2. \r\n  \r\n \r\nPage 21 of 137 \r\n \r\n(xvii) “infectious or contagious disease” means cholera, leprosy, enteric fever, \r\nsmall‑pox, tuberculosis, diphtheria, plague, influenza, venereal disease, and \r\nany other epidemic, endemic or infectious disease which the 1[Federal \r\nGovernment] may, by notification in the 2[official Gazette], declare to be an \r\ninfectious or contagious disease for the purposes of this Act ; \r\n(xviii) “inhabitant”, in relation to a cantonment, or local area, means any person \r\nordinarily residing or carrying on business or owning or occupyin g \r\nimmoveable property therein, and in case of a dispute means any person \r\ndeclared by the District Magistrate to be an inhabitant ; \r\n \r\n(xix) “intoxicating drug” means opium, ganja, bhang, charas and any preparation \r\nor admixture thereof, and includes any other  intoxicating substance, or \r\nliquid which the 1[Federal Government], 3[* * *] may, by notification in the \r\n2[official Gazette], declare to be an intoxicating drug for the purposes of this \r\nAct ; \r\n \r\n4[(xixa)  “land use” means the human use of land to represent economic and cultural \r\nactivities and includes residential, commercial, industrial, mining, \r\nrecreational uses and such other uses that are practiced at a given place; \r\n \r\n(xixb)    “land  use  plan”  means  a  plan  drawn  up  and  approved  by the B oard \r\nwhich provides for the actual land use and proposed land use both in the \r\nplanned areas and non -planned areas within the local limi ts of the \r\ncantonment; \r\n \r\n(xixc)  “lay out plan” means a plan of the entire site showing location of plots, \r\nbuilding blocks, roads, open spaces, entry, exit, parking, landscaping, etc. \r\nindicating the activity for all land parcels;] \r\n \r\n5[4[(xixd)]  “Maintenance Engineer” means the public Works Officer of that grade, or \r\nthe officer of the Military Engineer Services of the corresponding grade, \r\nhaving charge of the military works in a cantonment or, where more than \r\none such officer has charge of the military works in a cantonment, such one \r\nof those officers as the officer Commanding the station may designate in \r\nthis behalf, a nd includes the officer of whatever grade in immediate \r\nexecutive engineering charge of a cantonment;] \r\n \r\n4[(xx)  “market” includes the place of commercial activity where goods or services \r\nare traded;] \r\n \r\n6[xxa] “Military Estates Officer” means the officer appo inted by the 2[Federal \r\nGovernment] to perform the duties of the Military Estates Officer under \r\nrules made under clauses (a) and (b) of sub-section (2) of section 280;)  \r\n \r\n4[(xxa)  “military lands” means the lands vested in the Federal Government which \r\nare classified, re -classified or sub -classified as such and includes lands \r\nacquired, purchased or allocated for the purposes of armed forces and all \r\nother connected purposes and entrusted to or placed under the management \r\nand control of armed forces or any other authority or department for the said  \r\n \r\n \r\n1Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.  \r\n2Subs. by A.O., 1937. \r\n3Omitted by Act No. VII of 1925, s.2.  \r\n4Ins., re-numbered and subs. by Act No. XLVII of 2023, s.2. \r\n5Ins. by Ordinance No. XLIV of 1979, s.3. \r\n6Ins. by Act No. XXIV of 1936, s.2.  \r\n \r\nPage 22 of 137 \r\n \r\npurposes anywhere in Pakistan under the rules or regulations made under \r\nthis Act or any other law for the time being in force and does not include \r\nlands requisitioned under any law;] \r\n \r\n(xxi) “Military officer” means__ \r\n(a) a person who being an officer within the meaning of 1[* * * 2[*]the \r\nPakistan Army Act, 1952] 3[the Pakistan Navy Ordinance, 1961 (XXXV \r\nof 1961)] , 1[***] 2[or the Pakistan Air Force Act, 1953],  is \r\ncommissioned and in pay as an officer doing military or air force duty \r\nwith 4[the military or air forces of Pakistan], or is an officer doing such \r\nduty in any arm branch or part of those forces; or \r\n(b) a person doing military or air force duty as a warrant officer with either \r\nof those forces or with any arm, branch, or part thereof, whether he is or \r\nis not an officer with in the meaning of 1[***] 2[*] the Pakistan Army \r\nAct, 1952 ] 3[the Pakistan Navy ordinance, 1961 (XXXV of 1961)]  \r\n1[***] 2[or the of Pakistan Air Force Act, 1953] ; \r\n(xxii) “nuisance” includes any act, omission, place or thing which causes or is \r\nlikely to cause injury, danger, annoyance or offence to the sense of sight, \r\nsmell or hearing, or which is or may be dangerous to life or injurious to \r\nhealth or property ; \r\n(xxiii) “occupier” includes an owner in occupation of, or otherwise using his own \r\nland or building ; \r\n(xxiv) “Officer Commanding the District” means the Officer Commanding any \r\none of the districts into which 5[Pakistan] is for military purposes for the \r\ntime being divided, or any brigade area which does not form part of any \r\nsuch district, or any area which the 6[Federal Government] may, by \r\nnotification in the 7[official Gazette], declare to be such a district fo r all or \r\nany of the purposes of this Act ; \r\n8[(xxiva) “Officer Commanding the station” means the military officer for the time \r\nbeing in command of the forces in a cantonment, or, if that officer is the \r\nOfficer Commanding the District or 9[Competent Authorit y] the military \r\nofficer who would be in command of those forces in the absence of the \r\nOfficer Commanding the District and 9[Competent Authority] ;] \r\n(xxv) 10[** * * * * *] \r\n \r\n1Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (Ordinance No. XXVII of 1981), s. 3 and Sch. II. \r\n2Ins. 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). \r\n3Ins. by Act No. XLVII of 2023, s.2. \r\n4Subs. by A.O., 1961, Art. 2 and Sch. (with effect from the 23rd March, 1956). \r\n5Subs.by the Adaptation of Central Acts and Ordinances Order, 1949 (Order No. 4 of 1949), s.3. \r\n6Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.  \r\n7Subs. by A.O., 1937. \r\n8Ins. by the Repealing and Amending Act, 1935 (Act No. XII of 1935), s.2 and 1st Sch. \r\n9Subs. by Ordinance No. XLIV of 1979, s. 3. \r\n10Omitted by Ordinance No. XXXVII of 1960, s. 2 (with effect from the 16th May, 1960). \r\n \r\n \r\nPage 23 of 137 \r\n \r\n(xxvi) “owner” includes any person who is receiving or is entitled to receive the \r\nrent of any building or land whether on his own account or on behalf of \r\nhimself and others or an agent or trustee, or wh o would so receive the rent \r\nor be entitled to receive it if the building or land were let to a tenant ; \r\n(xxvii) “party wall” means a wall forming part of a building and used or constructed \r\nto be used for the support or separation of adjoining buildings belonging to \r\ndifferent owners, or constructed or adapted to be occupied by different \r\npersons ; \r\n1[(xxviia) “peasant” means a person who owns agricultural land not exceeding five \r\nacres and engages himself personally in the cultivation of land;] \r\n2[(xxviib) “prescribed” means prescribed by rules, regulations or bye-laws made under \r\nthis Act;] \r\n(xxviii) ‘“private market” means a market which is not maintained by a 3[Board] and \r\nwhich is licensed by a 3[Board] under the provisions of this Act ; \r\n(xxix) “private slaughter‑house” means a slaughter‑house which is not maintained \r\nby a 3[Board] and which is licensed by a 3[Board] under the provisions of \r\nthis Act ; \r\n(xxx) “public market” means a market maintained by a 3[Board]; \r\n(xxxi) “public place” means any place which  is open to the use and enjoyment of \r\nthe public, whether it is actually used or enjoyed by the public or not ; \r\n(xxxii) “public slaughter‑house” means a slaughter‑house maintained by a \r\n3[Board]; \r\n3[(xxxiia)  a person is deemed to reside in a cantonment if he maintains therein a house \r\nor a portion of a house which is at all times available for occupation by \r\nhimself or his family even though he may himself reside elsewhere, \r\nprovided that he has not abandoned all intention of again occupying such \r\nhouse either by himself for his family;] \r\n2[(xxxiib)  “regulations” means the regulations made under this Act; \r\n  (xxxiic)  “right of way” means the right belonging to any person or public authority \r\nto pass ove r land or property of other person to provide services. It also \r\nincludes underground and overhead space of such land or property; \r\n \r\n \r\n \r\n \r\n \r\n \r\n1Ins. by Ordinance No. XLIV of 1979, s. 3. \r\n2Ins. by Act No. XLVII of 2023, s.2. \r\n3Subs. and ins. by Act No XXIV of 1936, s. 69. \r\n  \r\n \r\nPage 24 of 137 \r\n \r\n(xxxiid) “rules” means the rules made under this Act; \r\n(xxxiie)  “scheme” includes a residential, industrial, commercial or mixed -use \r\nscheme or any other scheme;] \r\n(xxxiii) “shed” means a slight or temporary structure for shade or shelter; \r\n(xxxiv) “slaughter‑house” means any place ordinaril y used for the slaughter of \r\nanimals for the purpose of selling the flesh thereof for human consumption; \r\n1[(xxxv)  “soldier” means a person who is a soldier or airman within the meaning of \r\nthe Pakistan Army Act, 1952 (XXXIX of 1952), or the Pakistan Air For ce \r\nAct, 1953 (VI of 1953), and who is not a military officer ;] \r\n(xxxvi) “spirituous liquor” means any fermented liquor, any wine, or any alcoholic \r\nliquid obtained by distillation or the sap of any kind of palm tree, and \r\nincludes any other liquid containing  alcohol which the 2[Federal \r\nGovernment], 3[* * *] may, by notification in the 4[official Gazette], declare \r\nto be a spirituous liquor for the purposes of this Act ; \r\n(xxxvii) “street” includes any way, road, lane, square, court, alley 5[ or passage] in a \r\ncantonment, whether a thoroughfare or not and whether built upon or not, \r\nover which the public have a right‑of‑way and also the road‑way or foot‑way \r\nover any bridge or causeway ; \r\n(xxxviii) “vehicle” means a wheeled conveyance of any description which is capable \r\nof being used on a street, and includes a motor‑car, motor lorry, motor \r\nomnibus, cart, locomotive, tram‑car, hand‑cart, truck, motor‑cycle, bicycle, \r\ntricycle and rickshaw ; 5[*] \r\n(xxxix) “water‑works” includes all lakes, tanks, streams, cisterns, springs, pumps, \r\nwells, reservoirs, aqueducts, water‑trucks, sluices, mains, pipes, culverts, \r\nhydrants, stand‑pipes , and conduits, and all machinery, lands, buildings, \r\nbridges and things, used for, or intended for the purpose of, supplying water \r\nto a cantonment; 6[*] \r\n6[(xxxixa) “work” shall have the same meaning as in the Industrial Relations Ordinance, \r\n1969, (XXIII of 1969) , and shall include a self­employed craftsman like \r\nblack-smith, carpenter, tailor and shoe maker; and]. \r\n(xl)  “year” means the year commencing on the first day of 7[July].] \r\n \r\n \r\n \r\n1Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (Ordinance No. XXVII of 1981), s. 3 and Sch. II. \r\n2Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.  \r\n3Omitted by Act No. VII of 1925, s. 2. \r\n4Subs. by A.O., 1937. \r\n5Subs.  and omitted by Act No. XXIV of 1936, s. 2. \r\n6Omitted and ins. by Ordinance No. XLIV of 1979, s. 3. \r\n7Subs. by the Central Adaptation of Laws Order, 1964 (P.O. No.1 of 1964), Art. 2 and Sch. \r\n \r\nPage 25 of 137 \r\n \r\nCHAPTER II. \r\nDEFINITION AND DELIMITATION OF CANTONMENTS. \r\n3. Definition of Cantonments. (1) The 1[Federal Government], 2[* * *] may by notification in  \r\nthe 2[official Gazette], declare any place or places in which any part of 3[4[armed forces] of Pakistan] \r\nis quartered or which, being in the vicinity of any such place or places,  is or are required for the service \r\nof such forces to be a cantonment for the purposes of this Act and of all other enactments for the time \r\nbeing in force, and 2[* * *], may; by a like notification, declare that any cantonment shall cease to be \r\na cantonment. \r\n(2) The 1[Federal Government],1[* * * ], may, by a like notification, define the limits of any \r\ncantonment for the aforesaid purposes. \r\n5[(3) When any place is declared a cantonment for the first time, the 1[Federal Government] \r\nmay, until a Board is constituted in accordance with the provisions of this Act , by order make any \r\nprovision which appears necessary to 2[it] either for the administration of the Cantonment or for the \r\nconstitution of the Board.] \r\n6[(4) The 1[Federal Government] may, by notification in the official Gazette, direct that in any \r\nplace declared a cantonment under sub‑section (1) the provisions of any enactment relating to local \r\nself‑government other than this Act shall have effect only to such extent or subject to such  \r\nmodifications, or that any authority constituted under any such enactment shall exercise authority only \r\nto such extent, as may be specified in the notification.] \r\n4. Alteration of limit of cantonments . (1) The 1[Federal Government], 2[* * * ], may, by \r\nnotification in the 2[official Gazette], declare its intention to include within a cantonment any local \r\narea situated in the 7[*] vicinity thereof or to exclude from a cantonment any local area comprised \r\ntherein. \r\n(2) Any inhabitant of a cantonment or local area in respect of w hich a notification has been \r\npublished under sub‑section (1) may, within six weeks from the date of the notification, submit in \r\nwriting to the 1[Federal Government] through the 8[Competent Authority] an objection to the  \r\nnotification, and the 1[Federal Government] shall take such objection into consideration. \r\n(3) On the expiry of six weeks from the date of the notification, the 1[Federal Government] \r\nmay, 2[* * *], after considering the objections, if any, which have been submitted under sub­section \r\n(2), by notification in the 2[official Gazette], include the local area in respect of which the notification  \r\nwas published under sub‑section (1), or any part thereof, in the cantonment or, as the case may be, \r\nexclude such area or any part thereof from the cantonment. \r\n \r\n \r\n1Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.  \r\n2Omitted and subs. by A.O., 1937. \r\n3Subs. by A.O., 1961, Art.2 and Sch. (with effect from the 23 March, 1956). \r\n4Subs. by Act No. XLVII of 2023, s.3. \r\n5Added by the Act No. XXIV of 1936, s. 3. \r\n6Added by Act No. VIII of 1944, s. 2. \r\n7Omitted by Act No. XXVI of 1927, s. 2. \r\n8Subs. by Ordinance No. XLIV of 1979, s. 2. \r\n \r\n \r\n \r\n \r\nPage 26 of 137 \r\n \r\n5.The effect of including area in cantonment.  When, by a notification under section 4, any \r\nlocal area is included in a cantonment, such area shall thereupon become subject to this Act and to all \r\nother enactments for the time being in force throughout the cantonment and to all notifications, rules,  \r\nregulations, bye‑laws, orders and directions issued or made thereunder. \r\n6. Disposal of cantonment fund when area ceases to be a cantonment . (1) When, by a \r\nnotification under section 3, any cantonment ceases to be a cantonment and the local area comprised \r\ntherein is immediately placed under the control of a local authority, the balance of the cantonment fund \r\nand other property vesting in the 1[Board] shall vest in such local authority, and the liabilities of the \r\n1[Board] shall be transferred to such local authority. \r\n(2) When, in like manner, any cantonment ceases to be a cantonment and the local area \r\ncomprised therein is not immediately placed under the control of a local authority, the balance of the \r\ncantonment fund and other property vesting in the 1[Board] shall vest in 2[Government], and the \r\nliabilities of the 1[Board] shall be transferred to the 3[Federal Government.] \r\n7. Disposal of cantonment fund when area ceases to be included in a cantonment . (1) \r\nWhen, by a notification under section 4, any local area forming part of a cantonment ceases to be under \r\nthe control of a particular 1[Board] and is immediately placed under the control of some other local \r\nauthority, such portion of the cantonment fund and other property vesting in the 1[Board] and such \r\nportion of the liabilities of the 1[Board], as the 3[Federal Government] may, by general or special order, \r\ndirect, shall be transferred to that other local authority. \r\n(2) When, in like manner, any local area forming part of a cantonment ceases to be under the \r\ncontrol of a particular 1[Board] and is not immediately placed under the control of some other local \r\nauthority, such portion of the cantonment fund and other property vesting in the 1[Board] shall vest in \r\n2[Government], and such portion of the liabilities o f the 1[Board] shall be transferred to the 3[Federal \r\nGovernment], as the 3[Federal Government] may, by general or special order, direct. \r\n8. Application of funds and property transferred under sections 6 and 7. Any cantonment \r\nfund or portion of a cantonment fund or other property of a 1[Board] vesting in 2[Government] under \r\nthe provisions of section 6 or section 7 shall be applied in the first place to satisfy any liabilities of the \r\n1[Board] transferred under such provisions to the 3[Federal Government], and in the second place for \r\nthe benefit of the inhabitants of the local area which has ceased to be a cantonment or, as the case may \r\nbe, part of a cantonment. \r\n4[8A. Management of property or land.―Subject to the provisions  of this Act, the \r\nmanagement and other matters relating to the military lands and properties thereof and the lands and \r\nproperties of a Board shall be carried out in accordance with the provisions of this Act and the \r\napplicable rules, regulations and bye-laws made thereunder: \r\nProvided that all such activities already undertaken if not inconsistent with the provisions of \r\nthis Act shall always be deemed to have been validly done under this Act.] \r\n \r\n1Subs. by Act No. XXIV of 1936, s. 69. \r\n2Subs. by A.O., 1961, Art. 2. (with effect from the 23rd March, 1956). \r\n3Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.  \r\n4Ins. by Act No. XLVII of 2023, s.4.  \r\n \r\nPage 27 of 137 \r\n \r\n9. Limitation of operation of Act.  The 1[Federal Government] may, 1[* * *], by notification \r\nin the 1[official Gazette], exclude from the operation of any part of this Act the whole or any part of a \r\ncantonment, or direct that any provision of this Act shall, in the case of any cantonment__ \r\n2[* * * * * * *] \r\n2[*] in which the Board is superseded under section 54,] apply with such modifications as may \r\nbe so specified. \r\n3[Chapter IIA \r\n \r\nAdministration of military lands and cantonment \r\n9A. Directorate of military lands and cantonments.__(1) For the purpose of monitoring and \r\nto oversee the military lands and ca ntonments, the directorate of military  lands and cantonments, \r\nestablished by the Federal Government, shall stand established under this Act. \r\n(2) The headquarters of the directorate of military lands and cantonments shall be at Rawalpindi \r\nor at Islamabad as it may determine and it may establish its regional offices in the prescribed manner. \r\n(3) The directorate of military lands and cantonments shall be headed by a director general who \r\nshall be appointed in accordance w ith the rules as may be prescribed under the Civil Servants Act, \r\n1973 (LXXI of 1973) from amongst serving major generals of Pakistan Army on secondment f or a \r\nterm of two years extendable for another term or terms on recommendation of the competent authority, \r\n(4) In addition to the director general appointed under sub -section (3), the directorate of \r\nmilitary lands and cantonments shall consist of so many additional directors general, directors, \r\nadditional directors, deputy directors gen eral, assistant directors general and such other officers and \r\nstaff members as may be appointed by such officers or authorities, in such manner and on such te rms \r\nand conditions as may be prescribed in accordance with the Civil Servants Act, 1973 (LXXI of 1973) \r\nand the Federal Public Service Commission Ordinance, 1977 (XLV of 1977). \r\n(5) The director general and other officers and staff members appointed under this section shall \r\nexercise such powers and perform such functions as may be prescribed and as may be assigned to them \r\nby the secretary of the administrative division.] \r\n_______ \r\nCHAPTER III. \r\n4[CANTONMENT BOARDS]. \r\n \r\n5[Boards]. \r\n5[10. Cantonment Board and Executive Officer.  For every cantonment there shall be a \r\nCantonment Board and an Executive Officer. \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n1Subs. and omitted by A.O., 1937. \r\n2Omitted by A.O., 1949. \r\n3Ins. by Act No. XLVII of 2023, s.5. \r\n4Amended by the Repealing and Amending Act, 1939 (Act No. XXXIV of 1939), s.2 and 1st Sch. \r\n5Subs. by Act No. XXIV of 1936, ss. 69 and 5. \r\n \r\n \r\nPage 28 of 137 \r\n \r\n11. Incorporation of Cantonment Board.  Every Board shall, by the name of the place by \r\nreference to which the cantonment is known, be a body corporate having perpetual succession and a \r\ncommon seal with power to acquire and hold property both moveable and immoveable and to contract \r\nand shall, by the said name, sue and be sued. \r\n12. Appointment of Executive Officer.__(1) The Executive Officer of every cantonment shall \r\nbe appointed by the 1[Federal Government], or by such person as the 1[Federal Government] may \r\nauthorise in  this behalf, 2[from Officers appointed 3[* * * * * * * *] , to the Pakistan Military Lands \r\nand Cantonments Service]: \r\nProvided that an Executive Officer appointed before the 4commencement of the Cantonments \r\n(Amendment) Act, 2[1952] (XXII of 1952), shall, unless the 1[Federal Government] otherwise directs \r\nin any case, be deemed to have been duly appointed in accordance with this sub‑section. \r\n(2) Not less than half the cost of the salary of the Executive Officer 2[and a proportionate share \r\nof his leave salary and pension contribution shall be paid to the 1[Federal Government]] from the \r\ncantonment fund: \r\nProvided that the salary of an Executive Offic er appointed before the 4commencement of the \r\nCantonments (Amendment) Act, 2[1952] (XXII of 1952), shall, until the 1[Federal Government] \r\notherwise directs, continue to be paid from the source from which it was being paid at the \r\ncommencement of the said Act. \r\n(3) The Executive Officer shall be 2[the Principal Executive Officer of the Cantonment Board \r\nand] the Secretary of the Board and of every committee of the Board, but shall not be a member of the \r\nBoard or of any such committee. 2[He shall have the right t o take part in the discussions but not to \r\nmove any proposals at the meetings of the Board and of the Committees.] \r\n13. 5[Classification of Cantonments.] 6[(1) Cantonments shall be divided into three classes, \r\nnamely:__ \r\n(i) Class I Cantonments, in which the civil population is one hundred thousand or \r\nmore ; \r\n(ii) Class II Cantonments, in which the civil population is fifty thousands or more \r\nbut less than one hundred thousand; and \r\n(iii) Class III Cantonments, in which the civil population is less than fifty thousand.] \r\n \r\n \r\n \r\n \r\n \r\n1Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.  \r\n2Subs., ins. and added by Act No. XXV of 1952, s. 2. \r\n3Omitted by Central Laws Adaptation Order, 1961 (P.O No. 1 of 1961), Art. 2 and Sch. (with effect from the 23rd March, 1956.) \r\n4The Cantonments (Amdt.) Act No.  XXIV of 1936 came into force on the 31st October, 1936. \r\n5Subs. by Ordinance No.  XXXVIII of 1960, s. 3, (with effect from the 16th May, 1960). \r\n6Subs. by Ordinance No. XLIV of 1979, s. 4. \r\n \r\n \r\nPage 29 of 137 \r\n \r\n1\r\n[* * * * * * *] \r\n(2) For the purposes of sub‑section (1), the civil population shall be calculated in accordance \r\nwith the latest official census, or, if the 2[Federal Government], by general or special order, so directs, \r\nin accordance with a special census taken for the purpose. \r\n3[* * * * * * *] \r\n4[13A. Constitution of Cantonment Boards. __(1) The Board for a Class I Cantonment shall \r\nconsist of the following members, namely:__ \r\n(a) the Officer Commanding the station or, if the Federal Government so directs in \r\nrespect of any cantonment, such other military officer as may be nominated by \r\nthe Competent Authority; \r\n(b) twelve elected members ; \r\n(c) the Health Officer; \r\n(d) the Maintenance Engineer; \r\n(e) a Magistrate of the first class nominated by the District Magistrate ; and \r\n(f) nine civil or military officers nominated by the Officer Commanding the station \r\nby order in writing. \r\n(2) The Board for a Class II Cantonment shall consist of the following members, namely:— \r\n(a) the Officer Commanding the station or, if the Federal Government so directs in \r\nrespect of any Cantonment, such other military officer as may be nominated by \r\nthe Competent Authority; \r\n(b) seven elected members; \r\n(c) the Health Officer; \r\n(d) the Maintenance Engineer; \r\n(e) a Magistrate of the first class nominated by the District Magistrate ; and \r\n(f) four military officers nominated by the Officer Commanding the station by \r\norder in writing. \r\n(3) The Board for a Class III Cantonment shall consist of the following members, namely:__ \r\n \r\n \r\n1Omitted by Ordinance No. XXXVIII of 1960, s .3, (with effect from the 16th May, 1960). \r\n2Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.  \r\n3Sub­sections (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). \r\n4Subs. by Ordinance No. XLIV of 1979, s. 5. \r\n \r\n \r\nPage 30 of 137 \r\n \r\n(a) the Officer Commanding the station or, if the Federal Government so directs in \r\nrespect of any cantonment, such other military officer as may be nominated by \r\nthe Competent Authority; \r\n(b) two elected members: \r\nProvided that the Federal Government may, by notification in the \r\nofficial Gazette, increase  the number of elected members to such extent not \r\nexceeding five as it deems fit; \r\n(c) the Health Officer; and \r\n(d) one military officer nominated by the Officer Commanding the station by order \r\nin writing: \r\nProvided that, if the number of elected members is i ncreased under \r\nclause (b), the number of members so nominated shall be one less than the \r\nnumber of elected members so increased. \r\n(4) The Federal Government may, by notification in the official Gazette, reserve a number of \r\nseats for women, peasants, workers and minority communities in the Board of a particular cantonment: \r\nProvided that nothing contained in this Act or the rules made thereunder shall be construed as \r\nmaking a woman, peasant or worker ineligible for election to a general seat in any Board. \r\n(5) The name of every elected or nominated member of the Board shall forthwith be reported \r\nto the Federal Government which shall notify in the official Gazette the name of the person so \r\nnominated or elected. \r\n(6) The Officer Commanding the station may, with the  sanction of the Competent Authority, \r\nnominate, in place of a military officer whom he is empowered to nominate under clause (f) of sub­ \r\nsection (1), clause (f) of sub­section (2) or clause (d) of sub­section (3), any person who is ordinarily \r\nresident in the cantonment or in the vicinity thereof.] \r\n 14. Power to vary constitution of Boards in special circumstances .__(1) Notwithstanding \r\nanything contained in 1[section 13A], if the 2[Federal Government] is satisfied__ \r\n(a) that, by reason of military operations it is necessary or \r\n(b) 3[* * *], that, for the administration of the cantonment, it is desirable, \r\n \r\nto vary the constitution of the Board in any cantonment under this section, the 2[Federal Government] \r\nmay, by notification in the 3[official Gazette], make a declaration to that effect. \r\n(2) Upon the making of a declaration under sub‑section (1), the Board in the cantonment shall \r\nconsist of the following members, namely:__ \r\n \r\n1Subs. by Ordinance No. XXXVIII of 1960, s. 5, (with effect from the 16th May, 1960). \r\n2Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.  \r\n3Omitted and subs. by A.O., 1937. \r\n \r\n \r\n \r\nPage 31 of 137 \r\n \r\n(a) the Officer Commanding the station ; \r\n(b) one military officer nominated by name by the Officer Commanding the station \r\nby order in writing; \r\n(c) one member, not being a person in the service of the Government, nominated \r\nby the Officer Commanding the station. \r\n  \r\n 1[Provided that in its application to the Wah Cantonment this sub‑section shall be read as if in \r\nclause (a), at the end thereo f, the words ‘ or, if the 2[Federal Government] so directs, any civil or \r\nmilitary officer nominated by the 3[Competent Authority] were added, and in clause (b) for the words \r\n‘military officer’ the words ‘civil or military officer’ were substituted.] \r\n(3) Every nomination of a member of a Board constituted under this section, and every vacancy \r\nin the membership thereof, shall be notified by the 2[Federal Government] in the 4[official Gazette]. \r\n(4) The term of office of a Board constituted by a declaration under sub‑section (1) shall not \r\nordinarily extend beyond one year: \r\nProvided that the 2[Federal Government] may from time to time, by a like declaration, extend \r\nthe term of office of such a Board by any period not exceeding one year at a time: \r\nProvided also that the 2[Federal Government] shall forthwith direct that the term of office of \r\nsuch a Board shall cease if, in the opinion of the 2[Federal Government], the reasons stated in the \r\ndeclaration whereby such Board was cons tituted, or its term of office was extended, have ceased to \r\nexist. \r\n(5) When the term of office of a Board constituted under this section has expired or ceased, the \r\nBoard shall be replaced by the former Board which, but for the declaration under sub‑section  (1), \r\nwould have continued to hold office, or, if the term of office of such former Board has expired, by a  \r\nBoard constituted under 5[section 13A].] \r\n15-15I.  6[Omitted] \r\n16.   5[Omitted] \r\n17.   5[Omitted] \r\n18.    6[Omitted] \r\n19.    6[Omitted] \r\n6[l9A. Local Area.―For the purpose of this Act, local area shall be the whole of cantonment. \r\n19B. Delimitation of cantonment into wards. ―(1) The Election Commission shall delimit a \r\ncantonment into wards in such a way that the number of wards is eq ual to the number of members to \r\nbe elected on general seats of a Board specified under section l3A. \r\n \r\n1Added by Act No. XXXIV of 1956, s. 2. \r\n2Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.  \r\n3Subs. by Ordinance No. XLIV of 1979, s. 2. \r\n4Subs. by A.O., 1937. \r\n5Subs. and omitted by Ordinance No. XXXVIII of 1960, s. 5, (with effect from the 16th May, 1960). \r\n6Omitted 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, \r\nomitted the sections from section.15-151 instead of 15 to 15I) \r\n \r\nPage 32 of 137 \r\n \r\n(2) For the purposes of delimitation of wards of a cantonment,— \r\n(a) a ward shall consist of a village or revenue estate or census block or adjoining \r\ncensus blocks as determined for purposes of the last preceding census or \r\ndelimited and notified as such by the Election Commission; \r\n(b) the boundaries of a ward shall not cross the limits of the cantonment; and \r\n(c)  the population of wards within  a cantonment shall, as far as possible, be \r\nuniform. \r\n(3) The wards of a cantonment shall be delimited in accordance with this Act and the rules \r\nmade thereunder. As far as possible, principles of delimitation as laid down under the Elections Act, \r\n2017 (XXXIII of 2017) or any other law for the time being in force shall be followed. \r\n19C. Election on the basis of adult franchise .―The  election of members to  be elected on \r\ngeneral seats of a Board shall be held on  the basis of single member constituency and adult franchise \r\nthrough secret ballot. \r\n19D. Authority for local government electi on.―(1) An e lection to a Board under this Act   \r\nshall be conducted by the Election Commission in accordance with the rules made under this Act and \r\nsuch rules may provide for all matters connected therewith or incidental thereto, including the time of \r\nholding the elections, b y-elections, corrupt or illegal practices and oth er election offences and the \r\nsubmission, trial and disposal of election petitions. \r\n(2) The Election Commission shall on receipt of a request in writing from the Federal \r\nGovernment issue a program for the conduct of elections in the Boards and shall fix the dates for filing \r\nof nomination papers, scrutiny, allotment of symbols and poll, etc. \r\n19E. Indirect elections. ―(1) Election to the seats reserved for women, peasants , youth, \r\nworkers and Non-Muslims shall immediately be held after the notification of the names of returned \r\ncandidates on general seats. \r\n(2) The members against seats reserved for women, peasants, youth, workers and Non-Muslims \r\nshall be elected through secret ballot by the directly elected members under section 19C. \r\n(3) The elected members of a Board shall, amongst themselves, elect through secret ballot a \r\nvice-president of that Board. \r\n19F. Qualifications for candidates and elected members.―(1)  A person shall qualify to be \r\nelected or to be chosen or to hold an elective office or membership of the Board, if he__ \r\n(a) is a citizen of Pakistan; \r\n(b) is at least twenty-five years of age; \r\n(c) is enrolled as a voter in the electoral roll of the relevant ward and, in case for \r\nreserved seats, in any electoral area for that Board; \r\n(d)  has not been by a competent court declared to be of unsound mind; \r\n(e)  is not in the service of the Federal Government, a Provincial Government or a \r\nlocal government or any statutory body or a b ody which is controlled by any \r\n \r\nPage 33 of 137 \r\n \r\nsuch Government or in which any of such. Governments has a controlling share \r\nor interest, except the h olders of elected public office and part  time officials \r\nremunerated either by salary or fee: \r\nProvided that the disqualification under this clause shall not apply to a \r\nperson who has resigned or retired from such service and a period of not less \r\nthan six months has elapsed since his retirement; \r\n(f)  has not been dismissed, removed or compulsorily retired from public service on \r\ngrounds of moral turpitude; \r\n(g)  does not possess assets which are inconsistent with his declaration of assets or \r\njustifiable means, whether held in his o wn name or of his dependents or any \r\nother person or corporate body in whose name assets are held in trust or under \r\nany other   formal   or   informal   arrangement whereby the de facto control of \r\nsuch assets including their sale, transfer or pecuniary interest, is retained by him; \r\n(h) has not been adjudged a willful-defaulter of any tax or other financial dues owed \r\nto the Federal Government, a Provincial Government or a local government or \r\nany financial institution, including utility bi lls outstanding for six months or  \r\nmore; \r\n(i) has not been sentenced to imprisonment for a term of two years or more and in \r\ncase of imprisonment for a term of two years or more, a period of five years has \r\nelapsed since his release; \r\n(j) has not failed to file the required return of election expenses or is not convicted \r\nfor exceeding the limits of elections expenses prescribed under the electoral \r\nlaws; \r\n(k) has not been by any court declared an undischarged insolvent or his application \r\nin this regard is not pending adjudication; \r\n(l) does not engage in any transaction involving pecuniary interest with the Board \r\nof which he is a member; \r\n(m) does not absent himself without re asonable cause from three consecutive \r\nmeetings of the Board of which he is a member: \r\nProvided that a member shall not be disqualified if the absence was \r\nnecessitated by a national emergency or force majeure; \r\n(n) has not been and is not involved in activities prejudicial to the ideology, interest, \r\nsecurity, unity, solidarity, peace and integrity of Pakistan and its people and the \r\ngood order and harmony of society; and \r\n(o) takes oath within the specified period. \r\n(2) Whoever― \r\n(a) is found by the Election Commission to have contravened the provisions of sub-\r\nsection (1) shall stand disqualified from being a candidate for election to a Board \r\nfor a period of five years; or \r\n \r\nPage 34 of 137 \r\n \r\n(b) having been elected as a member of the Board or being a holder of an elective \r\noffice of a Board is found by the Election Commission to have contravened the \r\nprovisions of sub-section (1) shall cease forthwith  to be an elected member or \r\nto hold the office of such member and also shall stand disqualified from being \r\na candidate for election to a Board for a period of five years. \r\n19G. Electoral rolls.__(1) The Election Commission shall prepare electoral rolls in  accordance \r\nwith the provisions of the  Elections Act, 2017  (XXXIII of 2017) and rules made thereunder for the \r\npurposes of election to a Board or general seats. \r\n(2) The Election Commis sion may issue directions to adjust the electoral rolls or cause to \r\nprepare an electoral roll for any area forming part of a Board. \r\n(3) The electoral rolls shall not be rendered invalid by reason of any erroneous de scription \r\ncontained therein of any person  listed or of an omission of the name of any person enti tled to be \r\nenrolled as a voter or of inclusion of the name of any person not so entitled. \r\n19H. Election to vacant seats.―(1) If a seat of  a  member  becomes vacant during the term of \r\noffice of a Board, a new member shall be elected through bye -elections and the member elected in \r\nbye-elections shall hold office for the remaining portion of the term of the Board. \r\n(2) If any seat reserved for a member under section l9E through indirect electi on becomes \r\nvacant it shall be filled through bye -elections in the sa me manner applicable to the indirect election \r\nand the member so elected shall hold office for the residual period of the term of the member whose \r\nseat has become vacant. \r\n(3) A vacancy of vice -president shall be filled through bye -election within sixty days of the \r\noccurrence of vacancy. \r\n(4) When the office of vice-president falls vacant, the elected members of a Board shall, by a \r\nmajority vote, elect an officiating vice-president from amongst the elected members of the Board. \r\n19I. Term of office.―(1) Subject to the provisions of this Act, a  member of a Board shall hold \r\noffice for a term of four years from the date of oath. \r\n(2) On expiry of term of a Board, the Federal Government shall, by notificati on in the official \r\nGazette, appoint till the holding of the elections a caretaker Board comprising officer commanding the \r\nstation and two nominated members, one civil and one offic er of armed forces, as may be nominated \r\nby officer commanding the station. \r\nl9J. Declaration of property .―Every elected member shall, before entering upon office \r\nsubmit to an officer authorized by the Federal Government in this behalf, and in such manner as the \r\nFederal Government may direct, a declaration in writing of properties, both movable and immovable, \r\nwhether within or outside Pakistan, which he or any member of his family owns, or has in his \r\npossession or under his control, or in which he or any member of his family has any beneficial interest. \r\nExplanation.__For the purposes of this section, the expression “member of his family” in \r\nrelation to a person, includes__ \r\n(a) the spouse of such person, and \r\n(b) such of the children, parents, brothers and sisters as reside with and are wholly \r\ndependent upon such person. \r\n \r\nPage 35 of 137 \r\n \r\nl9K. Oath of office .―The vice -president and members shall , before entering upon their \r\nrespective offices, make oath as may be prescribed. \r\n19L. Removal.―(1) Where proceedings of disqualification under sub -section (2) of section \r\n19F have been initiated on an application made by any person or by the President on his own motion \r\nagainst a member or the vice-president, the President may issue to a member  or, as  the case may  be, \r\nthe  vice-president a  notice to  show  cause within a specified period as to w hy proceedings against \r\nhim may not be taken for his removal for breach of any of the provisions of section l9F. \r\n(2) Where the President is not satisfied with the reply to the notice to show cause referred to in \r\nsub-section (1) or any reply to the said notice is not submitted within the period fixed by him, he may \r\norder for an inquiry into the matter and for that purpose appoint an inquiry officer. \r\n(3) On the basis of inquiry held under sub -section (2), the President shall submit thro ugh the \r\nadministrative division the inquiry report along with his comments to the Election Commission for \r\nfinal decision: \r\nProvided that no order of removal of a member or the vice -president against whom inquiry \r\nproceedings are carried out shall be passed without providing him the opportunity of being heard. \r\n19M. Resignation of member.―(1) A  nominated  or  elected  member who wishes to resign \r\nhis office may submit his resignation in  writing to the President of the Beard where upon the \r\nresignation shall be deemed, to have been accepted and effective forthwith. \r\n(2) Copies of all resignations under sub -section (1) shall be forwarded by the President to the \r\nElection Commission and the administrative division for nomination or, as the case may be, election \r\nof another member in his place. \r\n(3) Notwithstanding the resignation of a member under sub-section (1), the proceedings for his \r\nremoval, if any, under section 19L, already initiated shall not abate. \r\nl9N. Ineligibility for re -election.―Where a member or vice -president has been removed, \r\nrecalled or disqualified, he shall not be eligible for re -election to any office of Board for a period of \r\nfive years. \r\nl9O. Notification to be issued .―The Election Commission shall notify every election, bye -\r\nelection and result of such election and resignation, removal or recall of a member or vice -president, \r\nas the case may be. \r\nl9P. Offences .―(1) A person guilty of bribery, personating or undue influence shall be \r\npunishable for an offence of corrupt practice with imprisonment for a term which may extend to three \r\nyears, or with fine which may extend to fifteen thousand rupees, or with both. \r\n(2) A person is guilty of bribery, if he, directly or indirectly, by himself  or by another person \r\non his behalf, ― \r\n \r\n(a) receives, agrees or contracts for any gratification for voting or refraining from \r\nvoting or for being or refraining from being a candidate at, or withdrawing or \r\nretiring from an election; or \r\n(b) gives, offers or promises any gratification to any person for the purpose of \r\n \r\nPage 36 of 137 \r\n \r\ninducing__ \r\n(i) a person to be or to refrain from being a candidate at an election; \r\n(ii) a voter to vote or refrain from voting at any election; \r\n(iii) a candidate to withdraw or retire from an election; \r\n(iv) for rewarding a person for having been or for having refrained from \r\nbeing a candidate at an election; \r\n(v) for rewarding a voter for having voted or refrained from voting at an \r\nelection; or \r\n(vi) for rewarding a candidate for having withdrawn or  retired from  an \r\nelection. \r\nExplanation.―In this section, ‘gratification’ includes a \r\ngratification in money or estimable in money and all forms of \r\nentertainment or employment for reward. \r\n(3) A person is guilty of personating, if he votes or applies for a ballot paper for voting as some \r\nother person whether that other person is living or dead or fictitious. \r\n(4) A person is guilty of undue influences, if he,__ \r\n(a) in order to compel any person to vote, refrain from voting or to induce or compel \r\nany person to withdraw his candidature at any election, directly or indirectly, by \r\nhimself or by any other person on his behalf, ― \r\n(i) makes or threatens to make use of any force violence or restraint; \r\n(ii) inflicts or threatens to inflict any injury, damage, harm or loss; \r\n(iii) uses any official influence or governmental patronage; or \r\n(b) on account of any person having voted or refrained from vot ing, or having \r\nwithdrawn his candidature, does any of the acts specified in clause (a); or \r\n(c) by abduction, duress or any fraudulent device or contrivances. \r\n(i) impedes or prevents the free exercise of the franchise by a voter; or \r\n(ii) compels, induces or prevails upon any voter to refrain from voting or \r\ncompels any voter to vote. \r\n(5) A person is guilty of illegal practice punishable with fine which may extend to one hundred \r\nthousand rupees, if he__ \r\n(a) obtains or procures, or attempts to obtain or procure , the assistance of any \r\nofficer or official of the Federal Government, a Provincial Government or a \r\nlocal government or authority to further or hinder the election of a candidate; \r\n \r\nPage 37 of 137 \r\n \r\n(b) votes or applies for a ballot paper for voting at an election knowing that he is \r\nnot qualified, for voting or is disqualified from voting; \r\n(c) votes or applies for a ballot paper for voting mor e than once at  any polling \r\nstation; \r\n(d) removes a ballot paper or a ballot box from a polling station or destroys, \r\ndamages, tampers with the ballot box used at a polling station; \r\n(e) knowingly induces or procures any person, to do any of the aforesaid acts; or \r\n(f) fails to provide statement of election expenses as required under this Act; \r\n(g) makes or publishes a false statement__ \r\n(i) concerning the personal character of a candidate or his relation \r\ncalculated to adversely affect the election of such candidate or, for the \r\npurpose of promoting or procuring the election of another candidate, \r\nunless he proves that he had reasonable ground f or believing, and did \r\nbelieve, the statement to be true; \r\n(ii) relating to the symbol of a candidate whether or not such symbol has \r\nbeen allocated to such candidate; \r\n(iii)  regarding the withdrawal of a candidate; \r\n(h) knowingly, in order to support or oppose a candidate, lets, tends, employs, hires, \r\nborrows or uses any vehicle or vessel for the purpose of conveying voters to or \r\nfrom the polling station, except when a person conveys himself or any member \r\nof the household to which he belongs, to or from the polling station; or \r\n(i) causes or attempts to cause any person present or waiting to vote at the polling \r\nstation to depart without voting. \r\n(6) A person is guilty of an offence punishable with fine which may extend to one hundred \r\nthousand rupees, if he, on the polling day in connection with the election__ \r\n(a) convene, calls or organizes within a ward any meeting: or \r\n(b) within a radius of two hundred meters of the polling station__ \r\n(i) canvasses for votes; \r\n(ii)  solicits vote of any voter; \r\n(ii) persuades an y voter not to vote at the election or for a particular \r\ncandidate; or \r\n(iv)  exhibits, except with the permission of the Returning Officer and at a place \r\nreserved for the candidate or his polling agent beyond the radius of one hundred \r\nmeters of the polling station, any notice, sign, banner or f lag designed to \r\nencourage the voter to vote, or discourage the voters from voting, for any \r\ncontesting candidate. \r\n \r\nPage 38 of 137 \r\n \r\n(7) A person is guilty of an offence punishable with imprisonment for a term which may extend \r\nto three months, or with fine which may extend to one hundred thousand rupees, or with both, if he__ \r\n(a) uses, in such manner as to be audible within the polling station any gramophone, \r\nmegaphone, loudspeaker or other apparatus for reproducing or amplifying \r\nsounds; \r\n(b) persistently shouts in such manner as to be audible within the polling station; or \r\n(c) does any act which― \r\n(i) disturbs or causes annoyance to any voter visiting a polling station for \r\nthe purpose of voting; \r\n(ii) interferes with the p erformance of the duty of the presiding officer, \r\npolling officer or any other person performing any duty at a polling \r\nstation; or \r\n(iii) abets the doing of any of the aforesaid acts. \r\n(8) A person is guilty of an offence punishable with imprisonment for a term which may extend \r\nto six months or with fine which may extend to two hundred thousand rupees, or with both, if he__ \r\n(a) fraudulently defaces or destroys any nomination paper or ballot paper; \r\n(b) fraudulently takes out of the polling station any ballot paper or puts into any \r\nballot box any ballot paper other than the ballot paper he is authorized under the \r\nrules to put in; \r\n(c) without due authority― \r\n(i) supplies any ballot paper to any person; \r\n(ii) destroys, takes, opens or otherwise interferes with any ballot box or \r\npacket or ballot paper in use for the purpose of election; or \r\n(iii) breaks any seal affixed in accordance with the provisions of the rules; or \r\n(d) causes any delay or interruption in the beginning, conduct or the completion of \r\nthe procedure required to be immediately carried out on the close of the poll; or \r\n(e) fraudulently or without due authority attempts to do any of aforesaid acts. \r\n(9) A person is guilty of an offence punishable with imprisonment which may ext end to six \r\nmonths, or with fine which may extend to three hundred thousand rupees or with both, if he― \r\n(a) interferes or attempts to interfere with a voter when he records his vote; \r\n(b) in any manner obtains or attempts to obtain in a polling station infor mation as \r\nto the candidate for whom a voter in that station is about to vote or has voted, \r\nor \r\n(c) communicates at any time any information obtained in a polling station as to the \r\n \r\nPage 39 of 137 \r\n \r\ncandidate for whom a voter in that station is about to vote or has voted. \r\n(10) Any candidate or polling agent attending a polling station, or any person attending the \r\ncounting of votes, is guilty of an offence punishable with imprisonment which may extend to six \r\nmonths or with fine which may extend to three hundred thousand rupees, or with both, if he__ \r\n(a) fails to maintain or aid in maintaining the secrecy of voting; or \r\n(b) communicates any info rmation obtained at the counting of votes as to the \r\ncandidate for whom any vote is given by any particular ballot paper. \r\n(11) A presiding officer, polling officer or any officer or clerk performing a duty in connection \r\nwith an election, or any member of a police force, is guilty of an offence punishable with imprisonment \r\nfor a term which may extend to six months, or with fine which may extend to three hundred thousand \r\nrupees, or with both, if he, during the conduct or management of an election or maintenance of order \r\nat the polling station― \r\n(a) persuades any person to give his vote; \r\n(b) dissuades any person to give his vote; \r\n(c)    influences in any manner the voting of any person; \r\n(d) does any other act calculated to further or hinder the election of a candidate; \r\n(e) fails to maintain or aid in maintaining the secrecy of voting; \r\n(f)  communicates, except for any purpose authorized  by any law, to any person \r\nbefore the poll is closed any information as to the name or number on the \r\nelectoral roll of any voter who has  or has not applied for a ballot paper, or has \r\nor has not voted at a polling station; or \r\n(g)  communicates any information obtained at the counting of votes as to the \r\ncandidate for whom any vote is given by any particular ballot paper. \r\n(12) A presiding officer or any other person employed by any such officer in connection with \r\nhis official duties imposed by or under this Act, is guilty of an offence punishable with fine which may \r\nextend to three hundred thousand rupees, if he, without reasonable cause does or omits to do an act to \r\nbreach of any official duty. \r\n(13) A person in the service of the Federal Government, a  Provincial Government, a local \r\ngovernment, or a body owned or controlled by the Federal Government or a Provincial Government is \r\nguilty of an offence punishable with imprisonment for a term which may extend to six months, or with \r\nfine which may extend to five hundred thousand rupees, or with both, if he, in any manner, gives any \r\nassistance calculated to further or hinder the election of a candidate. \r\n19Q. Summary trial .―All offences under this Chapter,  except  the offences under sub -\r\nsections (2), (3) and ( 4) of section l9P, shall be tried summarily under the provisions of the Code of \r\nCriminal Procedure; 1898 (Act V 1898). \r\nl9R. Jurisdiction courts barred.―No court shall  question  the  legality of any action taken in \r\ngood faith by or under the authority of the Election Commission, the Commissioner, a returning officer, \r\npresiding officer or an assistant presiding officer or an y decision given by any of them or any other \r\n \r\nPage 40 of 137 \r\n \r\nofficer or authority appointed under this Act or the rules made thereunder. \r\n19S. P ower to make rules .―The Federal Government may, by notification in the official \r\nGazette, make rules for carrying out the purposes of this Chapter. \r\n19T. Removal of nominated member .―Where the officer commanding the station makes a \r\nreport to the effect that any nominated member, being a civil or military officer, is unable to discharge \r\nhis duties for any reason, the Federal Government may, by  order  in  writing, relieve such member of \r\nhis office. \r\nl9U. Ca sual vacancy i n the office of no minated member .__(1) Eve ry casual vacancy \r\noccurring in the office of a nominated member shall forthwith be reported to the secretary of the \r\nadministrative division who shall, by notification in the official Gazette, declare the occurrence of such \r\nvacancy. \r\n(2) A casual vacancy in the office of a nominated member shall be  filled for the remainder of \r\nthe term of such member by nominating another person in his place in the same manner in which such \r\nmember was nominated.] \r\n1[20. President and Vice­President.__(1) The Officer Commanding the station, or the civil or \r\nmilitary officer nominated in his place under section 13A, shall be the President of the Board. \r\n(2) In every Board in which there is more than one elected member, there shall be a \r\nVice‑President elected by the electe d members only from amongst their number in accordance with \r\nsuch procedure as the 2[Federal Government] may by rule prescribe.] \r\n21. Term of office of Vice -President. 3[(1) 4[Unless he resigns his office under sub‑section \r\n(2) or is removed under sub‑section (3), the term of office of a Vice‑President shall be 1[five years] or \r\nthe residue of his term of office as a member, whichever is less.]] \r\n(2) A Vice‑President may resign hi s office by notice in writing to the President and, on the \r\nresignation being accepted by the Board, the office shall become vacant. \r\n4[(3) A Vice‑President may be removed from his office by the 2[Federal Government] at any \r\ntime during the term of his office  if a no‑confidence motion is passed against him by a two‑third \r\nmajority of the elected members of the Board at a meeting specially convened for this purpose, and on \r\nsuch removal the office shall become vacant.] \r\n \r\n \r\n1Subs. by Ordinance No. XXXVIII of 1960, s. 9 (with effect from the 16th May, 1960). \r\n2Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.  \r\n3Subs. by Act No. XXIV of 1936, s. 8. \r\n4Subs. by Act No. XXXIV of 1956, s. 4. \r\n \r\n \r\n \r\n \r\n \r\nPage 41 of 137 \r\n \r\n22. Duties of President. (1) It shall be the duty of the President of every Board__ \r\n(a) unless prevented by reasonable cause, to convene and preside at all meetings of \r\nthe Board and to regulate the conduct of business thereat ; \r\n(b) to exercise supervision and control over the financial and executive \r\nadministration of the Board ; \r\n(c) to perform all the duties and exercise all the powers specifically imposed or \r\nconferred on the President by or under this Act ; and \r\n(d) subject to any restrictions, limitations and conditions impose d by this Act, to \r\nexercise executive power for the purpose of carrying out the provisions of this \r\nAct and to be directly responsible for the fulfilment of the purposes of this Act. \r\n(2) The President may, by order in writing, empower the Vice‑President to e xercise all or any \r\nof the powers and duties referred to in clause (c) of sub‑section (1) other than any power, duty or \r\nfunction which he is by resolution of the Board expressly forbidden to delegate. \r\n(3) The exercise or discharge of any powers, duties or f unctions delegated by the President \r\nunder this section shall be subject to such restrictions, limitations and conditions, if any, as may be laid \r\ndown by the President and to the control of, and to revision by, the President. \r\n(4) Every order made under sub‑section (2) shall forthwith be communicated to the Board and \r\nto the 1[Competent Authority]. \r\n23. Duties of Vice­President. It shall be the duty of the Vice‑President of every Board__ \r\n(a) in the absence of the President and unless prevented by reasonable cau se, to \r\npreside at meetings of the Board and when so presiding to exercise the authority \r\nof the President under sub‑section (1) of section 22 ; \r\n(b) during the incapacity or temporary absence of the President or pending his \r\nappointment or succession, to perf orm any other duty and exercise any other \r\npower of the President ; and \r\n(c) to exercise any power and perform any duty of the President which may be \r\ndelegated to him under sub­section (2) of section 22. \r\n24. Duties of the Executive Officer.  The Executive Officer shall perform all the duties \r\nimposed upon him by or under this Act, and shall be responsible for the custody of all the records of \r\nthe 2[Board], and shall arrange for the performance of such duties relative to the proceedings of the \r\nBoard or of any Committee of the Board or of any Committee of Arbitration constituted under this \r\nAct, as those bodies may respectively impose on him, and shall comply with every requisition of the \r\n2[Board] on any matter pertaining to the administration of the cantonment. \r\n \r\n1Subs. by Ordinance No. XLIV of 1979, s. 2. \r\n2Subs. by Act No. XXIV of 1936, s. 69. \r\n  \r\n \r\nPage 42 of 137 \r\n \r\n25. Special power of the Executive Officer.  The Executive Officer may, in cases of \r\nemergency, direct the execution of any work or the doing of any act which would ordinarily require \r\nthe sanction of the 1[Board] and the immediate execution or doing of which is, in his opinion, necessary \r\nfor the service or safety of the public, and may direct that the expense of executing such work or doing \r\nsuch act shall be paid from the cantonment fund: \r\nProvided that__ \r\n(a) 1[* * *], he shall not act under this section without the previous sanction of the \r\nPresident or, in his absence, of the Vice‑President; \r\n(b) he shall not act under this section in contravention of any order of the 1[Board] \r\nprohibiting the execution of any particular work or the doing of any particular \r\nact ; and \r\n(c) he shall report forthwith the acti on taken under this section and the reasons \r\ntherefor to the 1[Board]. \r\nElections. \r\n26. 2[Omitted] \r\n27. 2[Omitted] \r\n28. 2[Omitted] \r\n29. 2[Omitted] \r\n30. 2[Omitted] \r\n31.  2[Omitted] \r\nMembers. \r\n32. Member not to vote on matter in which he is interested.  No member of a Board shall \r\nvote at a meeting of the Board 3[or of any committee of the Board] on any question relating to his own \r\nconduct or on any matter, other than a matter affecting generally the inhabitants of the cantonment, \r\nwhich affects his own pe cuniary interest or the valuation of any property in respect of which he is \r\ndirectly or indirectly interested, or of any property of or for which he is a manager or agent. \r\n33. Liability of members.  Every member of a Board shall be liable for the loss, wast e or \r\nmisapplication of any money or other property belonging to the Board if such loss, waste or \r\nmisapplication is a direct consequence of his neglect or misconduct while such member; and a suit for \r\ncompensation for the same may be instituted against him e ither by the Board or by the  4[Federal \r\nGovernment]. \r\n34. 5[Omitted] \r\n35.  5[Omitted] \r\n \r\n1Subs. by Act No. XXIV of 1936, ss. 69 and 9. \r\n2Omitted by Ordinance NO. XXXVIII of 1960, s.11. (with effect from the 16th May, 1960). \r\n3Ins. by Act No. XXXI of 1940, s. 3. \r\n4Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.  \r\n5Omitted by Act No. XLVII of 2023, s.8.  \r\n \r\nPage 43 of 137 \r\n \r\nServants. \r\n36. Disqualification of person as servant of Board . (1) No person who has directly or \r\nindirectly by himself or his partner any share or interest in a contract with, by or on behalf of a 1[Board] \r\nor in any employment under, by or on behalf of a 1[Board], otherwise than as a servant of the 1[Board], \r\nshall become or remain a servant of such 1[Board].  \r\n(2) A servant of a 1[Board] who knowingly acquires or continues to have directly or indirectly \r\nby himself or his partner any share or interest in a contract with, by or on behalf of the 1[Board] or, in \r\nany employment under, by or on behalf of, the 1[Board], otherwise than as a servant of the 1[Board], \r\nshall be deemed to have committed an offence under section 168 of the Pakistan Penal Code (XLV of \r\n1860). \r\n(3) Nothing in this section shall apply to any share or interest in any contract with, by or on \r\nbehalf of, or employment under, by or on behalf of , a 1[Board] if the same is a share in a company \r\ncontracting with, or employed by, or on behalf of, the 1[Board] or is a share or interest acquired or \r\nretained with the permission of the 2[Competent Authority] in any lease or sale to, or purchase by, the \r\n1[Board]of land or buildings or in any agreement for the same. \r\n1[(4) Every person applying for employment as a servant of a Board shall, if he is related by  \r\nblood or marriage to any member of the Board or to any person, not being a menial servant, in receipt \r\nof remuneration from the Board, notify the fact and the nature of such relationship to the appointing \r\nauthority before the appointment is made, and if he has failed to do so, his appointment shall be invalid \r\nbut without prejudice to the validity of anything previously done by him.] \r\n3[36A. Cantonment servant to be deemed a public servant.  Every officer or serv ant, \r\npermanent or temporary, of a 1[Board] shall be deemed to be a public servant within the meaning of \r\nthe Pakistan Penal Code, (XLV of 1860) and in the definition of “Legal remuneration” in section 161 \r\nof that Code the word “Government” shall, for the pu rpose of this section, be deemed to include a \r\n1[Board].] \r\nProcedure. \r\n37. Meetings. (1) Every Board shall ordinarily hold at least one meeting in every month on \r\nsuch day as may be fixed, and of which notice shall be given in such manner as may be provided, by \r\nregulations made by the Board under this Chapter. \r\n(2) The President may, whenever he thinks fit, and shall, upon a requisition in writing by not \r\nless than one‑fourth of the members of the Board, convence a special meeting. \r\n(3) Any meeting may be adjourned until the next or any subsequent day, and an adjourned \r\nmeeting may be further adjourned in like manner. \r\n38. Business to be transacted. Subject to any regulation made by the Board under this Chapter, \r\nany business may be transacted at any meeting: \r\n \r\n1Subs. and ins. by Act No. XXIV of 1936, ss. 69 and 13. \r\n2Subs. by Ordinance No. XLIV of 1979, s. 2. \r\n4Ins. by Act No. VII of 1925, s.5. \r\n  \r\n \r\nPage 44 of 137 \r\n \r\nProvided that no business relating to the imposition, abolition or modification of any tax shall \r\nbe transacted at a meeting unless notice of the same and of the date fixed therefor has been sent to each \r\nmember not less than seven days before that date. \r\n39. Quorum. (1) The quorum necessary for the transaction of business at a meeting of a Board \r\n1[in which there is more than one elected member] shall be five or one‑half of the number of  members \r\nof the Board actually holding office at the time, whichever is the greater number : \r\n1[* * * * * * *] \r\n1[(lA) The quorum necessary for the transaction of business at a meeting of a Board constituted \r\nunder 2[sub‑section (3) of section 13A] or under sub‑section (1) of section 14, shall be two.] \r\n(2) If a quorum is not present, the President shall adjourn the meeting and the business which \r\nwould have been brought before the original meeting if there had been a quorum present thereat shall \r\nbe brought before, and may be transacted at, an adjourned meeting, whether there is  a quorum  present \r\nor not. \r\n1[40. Presiding officer. In the absence of__ \r\n(a) both the President and the Vice‑President from any meeting of a Board in which \r\nthere is more than one elected member, \r\n(b) the President from a meeting of a Board constituted under 2[sub‑section (3) of \r\nsection 13A] or sub‑section (1) of section 14, \r\nthe members present shall elect one from among their own number to preside.] \r\n41. Minutes. (1) Minutes of the proceedings of each m eeting shall be recorded in a book and \r\nshall be signed by the President before the close of the meeting, and shall, at such times and in such \r\nplace as may be fixed by the Board, be open to inspection free of charge by any inhabitant of the \r\ncantonment. \r\n(2) Copies of the minutes shall, as soon as possible after each meeting, be forwarded for \r\ninformation to 3[the 4[Competent Authority]], 5[Officer Commanding the garrison area, the Director \r\nGeneral, Director] 1[and the Military Estates Officer]. \r\n42. Meetings to be Public. Every meeting of a Board shall be open to the public unless in any \r\ncase the President, for reasons to be recorded in the minutes, otherwise directs. \r\n43. Method of deciding questions. (1) All questions coming before a meeting shall be decided \r\nby the majority of the votes of the members present and voting. \r\n(2) In the case of an equality of votes, the President shall have a second or casting vote. \r\n \r\n \r\n1Ins. 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 \r\nof 1936 later on some words are subs.by amendment Act No. XLVII of 2023). \r\n2Subs. by Ordinance No. XXVIII of 1960), s. 13. (with effect from the 16th May, 1960). \r\n3Ins. by Act No. XXV of 1926, s. 3. \r\n4Subs. by Ordinance No. XLIV of 1979, s. 2. \r\n5Subs. by Act No. XLVII of 2023, s.9. \r\n \r\n \r\nPage 45 of 137 \r\n \r\n(3) The dissent of any member from any decision of the Board shall, if the member so requests, \r\nbe entered in the minutes, together with a short statement of the grounds for such dissent. \r\n1[43A. Committees or Bazars.__(1) Every Board constituted under 2[section 13A] in a Class I \r\nCantonment 3[Class II Cantonment or Class III Cantonment] shall appoint a committee consisting of \r\nthe elected members of the Board, the Health Officer and 3[, in the case of a Class I Cantonment or \r\nClass II Cantonment, the Maintenance Engineer] for the administration of such areas in the cantonment \r\nas the 4[Federal Government] may by notification in the 5[official Gazette], declare to be bazar areas, \r\nand may delegate its powers and duties to such committee in the manner provided in clause (e) of \r\nsub‑section (1) of section 44. \r\n(2) The Vice‑President of the Board shall be the Chairman of the committee appointed under \r\nsub‑section (1).] \r\n6[43B. Local reconciliation or maqami masalihat  committee.―The secretary of \r\nadministrative division may constitute a local reconciliation o r maqami masalihat committee in the \r\ncantonment areas on the basis of consensus for amicable resolution of disputes and for performing \r\nsuch other socio-economic functions as may be prescribed by rules made under this Act.] \r\n44. Power to make regulations. (1) A Board may make regulations consistent with this Act \r\nand with the rules made thereunder to provide for all or any of the following matters, namely :__ \r\n(a) the time and place of its meetings ; \r\n(b) the manner in which notice of the meeting shall be given ; \r\n(c) the conduct of proceedings at meetings and the adjournment of meetings; \r\n(d) the custody of the common seal of the Board and the purposes for which it shall \r\nbe used ; and \r\n(e) the appointment of committees for any purpose and the determi nation of all \r\nmatters relating to the constitution and procedure of such committees, and the \r\ndelegation to such committees, subject to any conditions which the Board thinks \r\nfit to impose, of any of the powers or duties of the Board  under this Act other \r\nthan a power to make regulations or bye‑laws. \r\n(2) No regulation made under clause (e) of sub‑section (1) shall take effect until it has been \r\napproved by the 4[Federal Government]. \r\n(3) No regulation made under this section shall take effect until it has been p ublished in such \r\nmanner as the 4[Federal Government] may direct. \r\n \r\n \r\n1Ins. by Act No. XXIV of 1936, s. 17. \r\n2Subs. by Ordinance No. XXXVIII of 1960, s. 14. (with effect from the 16th May, 1960). \r\n3Subs. by Ordinance No. XLIV of 1979, s. 9. \r\n4Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.  \r\n5Subs. by A.O., 1937. \r\n6Subs. by Act No. XLVII of 2023, s.10. \r\n  \r\n \r\nPage 46 of 137 \r\n \r\n45. Joint action with other local authority. (1) A 1[Board] may__ \r\n(a) Join with any other local authority__ \r\n(i) in appointing a joint committee for any purpose in which they are jointly \r\ninterested and in appointing a chairman of such committee; \r\n(ii) in delegating to such committee power to frame terms binding on the \r\n1[Board] and such other local authority as to the construction and future \r\nmaintenance of any joint work or to exercise any power which might be \r\nexercised by 1[the Board or by such other local authority] ; and \r\n(iii) in making rules for regulating the proceedings of any such committee \r\nrelating to the purposes for which it has been appointed ; or \r\n(b) with the previous sanction of 1[the 2[Competent Authority] and] the 3[Provincial \r\nGovernment concerned], enter into an agreement with any other local  authority  \r\nregarding the levy of any tax or toll whereby the said tax or toll respectively \r\nleviable by the 3[Board and by such other local authority] may be levied together \r\ninstead of separately within the limits of the aggregate area comprising the areas \r\nsubject to the control of the 3[Board and such other local authority]. \r\n(2) If any difference of opinion arises between any 3[Board and other local authority] acting \r\ntogether under this section, the decision thereon of the 4[Federal Government] or of an officer \r\nappointed by the 4[Federal Government] in this behalf shall be final. \r\n(3) When any agreement such as is referred to in clause (b) of sub-section (1) has been entered \r\ninto, then__ \r\n(a) where the agreement relates to an octroi or terminal tax or toll, the other local \r\nauthority with which the 1[Board] has made such agreement shall have the same \r\npowers to establish octroi limits and octroi stations and places for the collection \r\nof the terminal tax and terminal toll within the cantonment, as it has within the \r\narea ordinarily subject to its control; \r\n(b) such other local authority shall have the same power of collecting such tax or \r\ntoll in the cantonment, and the provisions of any enactment in force relating to \r\nthe levy of such tax or toll by such other local authority shall apply in the same \r\nmanner, as if the cantonment were comprised within the area ordinarily subject \r\nto its control ; and \r\n(c) the total of the collection of such tax and toll made in the cantonment and in the \r\narea ordinarily subject to the control of such other local authority and the costs \r\nthereby incurred shall be divided between the cantonment fund and the fund \r\nsubject to the control of such other local authority, in such prop ortion as may \r\nhave been determined by the agreement. \r\n \r\n \r\n \r\n \r\n \r\n \r\n1Subs. and ins. by Act No. XXIV of 1936, ss. 69 and 18. \r\n2Subs. by Ordinance No. XLIV of 1979, s. 2. \r\n3Subs. by A.O., 1937. \r\n4Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.  \r\n \r\n \r\nPage 47 of 137 \r\n \r\n1[45A. Report on administration. Every board shall, as soon as may be after the close of the year \r\nand not later than the date fixed in this behalf by the 2[Federal Government], submit to the 2[Federal \r\nGovernment] through the 3[Competent Authority], a report on the administration of the cantonment during \r\nthe preceding financial year, in such form and containing such details as the 2[Federal Government] may \r\ndirect. The comments, if any, of the 3[Competent Authority], on such report shall be communicated by him \r\nto the Board which shall be allowed a reasonable time to furnish a reply thereto, and the comments together \r\nwith the reply, if any, shall be forwarded to the 2[Federal Government] alongwith the report. \r\nControl. \r\n46. Power of  2[Federal Government] to require production of documents.  The 2[Federal \r\nGovernment] 2[* * *] may at any time require a 1[Board]__ \r\n(a) to produce any record, correspondence, plan or other document in its possession or \r\nunder its control; \r\n(b) to furnish any return, plan, estimate, statement, account or statistics relating to its \r\nproceedings, duties or works; \r\n(c) to furnish or obtain and furnish any report. \r\n47. Inspection. The 4[2[Federal Government] or the 3[Competent Authority] may depute any person \r\nin the service of the 5[State] to inspect or examine any department of the office of, or any service or work \r\nundertaken by, or thing belonging  to, a 1[Board], and to report thereon, and the 1[Board] and its offic ers \r\nand servants shall be bound to afford the person so deputed access at all reasonable times to the premises \r\nand property of the 1[Board] and to all records, accounts and other documents the inspection of which he \r\nmay consider necessary to enable him to discharge his duties. \r\n48. Power to call for documents. 1[The 3[Competent Authority] may, by order in writing,__ \r\n(a) call for any book or document in the possession or under the control of the 1[Board] \r\n; \r\n(b) require the 1[Board] to furnish such statements, accounts, reports and copies of \r\ndocuments relating to its proceedings, duties, or works as he thinks fit. \r\n49. Power to require execution of work, etc. If, on receipt of any information or report obtained \r\n1[under section 46 or section 47] or section 48, the 4[2[Federal Government] or the 3[Competent Authority]] \r\nis of opinion__ \r\n(a) that any duty imposed on a 1[Board] by or under this Act has not been performed \r\nor has been performed in an imperfect, inefficient or unsuitable manner, or \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n1Ins and subs.by Act No. XXIV of 1936, ss. 19,20,21 and 69. \r\n2Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.  \r\n3Subs. by Ordinance No. XLIV of 1979, s. 2. \r\n4Subs. by Act No. XXXV of 1926. \r\n5Subs. by Central Laws (Adaptation) Order, 1961 (P.O No. 1 of 1961), Art. 2 and Sch. (with effect from the 23rd March, 1956). \r\n \r\nPage 48 of 137 \r\n \r\n(b) that adequate financial provision has not been made for the performance of \r\nany such duty; \r\n1[it or] he may, 2[* * * ] direct the 3[Board], within such period as 1[it or] he thinks fit, to make \r\narrangements to 1[its or] his satisfaction for the proper performance of the duty, or, as the case may be, \r\nto make financial provision to 1[its or] his satisfaction for the performance of the duty: \r\nProvided that, unless in the opinion of the 4[1[Federal Government] or the 5[Competent \r\nAuthority] as the case may be], the immediate execution of such order is necessary, 5[it or] he shall, \r\nbefore making any direction under this section, give the 3[Board] an opportunity of showing cause why \r\nsuch direction should not be made. \r\n50. Power to provide for enforcement of direction under section 49.  If, within the period \r\nfixed by a direction made under section 49, any action the taking of which has been directed under that \r\nsection has not been duly taken, the 4[ 1[Federal Government] or th e 5[Competent Authority] as the \r\ncase may be,] may make arrangements for the taking of such action, and may direct that all expenses \r\nconnected therewith shall be defrayed out of the cantonment fund. \r\n51. Power to override decision of Board.  (1) If the Presi dent dissents from any decision of \r\nthe Board, which he considers prejudicial to the health, welfare or discipline of the troops in the \r\ncantonment, he may, for reasons to be recorded in the minutes, by order in writing, direct the \r\nsuspension of action thereon for any period not exceeding one month and, if he does, so, shall forthwith  \r\nrefer the matter to the 5[Competent Authority] 7[* * * * * * *], who may make such recommendations \r\nthereon as he thinks fit. \r\n(2) If the 7[Director General] considers any decision of a 3[Board] to be 7[prejudicial to the \r\ninterest of the cantonment], he may, after giving notice in writing of his intention to the 3[Board], refer \r\nthe matter to the 7[secretary administrative division] ; and, pending the disposal of the reference to the \r\n7[secretary administrative division], no action shall be taken on the decision. \r\n(3) 7[*  * * * * * *] \r\n52. Power of 5[Competent Authority] on reference under section 51 or otherwise. (1) The \r\n5[Competent Authority], may at any time 8[* * *]__ \r\n(a) direct that any matter or any specific proposal other than one which has been \r\nreferred to the 7[secretary administrative division ] under sub -section (2) of \r\nsection 51 be considered or re-considered by the 3[Board] ; or \r\n \r\n \r\n \r\n1Ins. by the Federal Adaptation of Laws Orders, 1975 (P. O No. 4 of 1975), Art. 2 and Table.  \r\n2Omitted, by A.O., 1937.  \r\n3Subs. by Act No. XXIV of 1936, s. 69. \r\n4Subs. by Act No. XXXV of 1926. \r\n5Subs. by Ordinance No. XLIV of 1979, s. 2. \r\n6Ins. by A.O., 1937. \r\n7Omitted and Subs. by Act XLVII of 2023, ss.11 and 12. \r\n8Omitted by Act No. VII of 1931, s. 3. \r\n \r\n \r\n \r\nPage 49 of 137 \r\n \r\n(b) direct the suspension, for such period as may be stated in the order, of action on \r\nany decision of a 1[Board], other than a decision which has been referred to him \r\nunder sub -section (1) of section 51, and thereafter cancel the suspension or \r\n1[after giving the Board a reasonable opportunity of showing cause why such \r\ndirection should not be made,] direct that the decision shall not be carried into \r\neffect or that it shall be carried into effect with such modifications as he may \r\nspecify. \r\n(2) When any decision of a Board has been referred to him under sub-section (1) of section 51, \r\nthe 2[Competent Authority] may, by order in writing,__ \r\n(a) cancel the order given by the President directing the suspension of action ; or \r\n(b) extend the duration of the order for such period as he thinks fit; or \r\n1[(c)  after giving the Board a reasonable opportunity of showing cause why such \r\ndirection should not be made, direct that the decision shall not be carried into \r\neffect or that it shall be carried into effect by the Board with such modifications \r\nas he may specify.] \r\n53. Powers of 3[secretary administrative division] on a reference made under section 51.  \r\nWhen any decision of a 1[Board] has been referred to the 3[secretary administrative division ] under \r\nsub-section (2) of secti on 51, the 3[secretary administrative division ] may, after consulting the \r\n2[Competent Authority] by order in writing,__ \r\n(a) direct that no action be taken on the decision ; or \r\n(b) direct that the decision be carried into effect either without modification or with \r\nsuch modifications as it may specify. \r\n54. Supersession of Board. (1) If, in the opinion of the 4[Federal Government], any Board is \r\nnot competent to perform or persistently makes default in the performance of the duties imposed on it \r\nby or under this Act or otherwise by law, or exceeds or abuses its powers, the 4[Federal Government] \r\nmay, 5[* * *] by an order published, together with the statement of the reasons therefor, in  the  5[official \r\nGazette], declare the Board to be incompetent or in default or to have exceeded or abused its powers , \r\nas the case may be, and supersede it for such period as may be specified in the order : \r\nProvided that no Board shall be superseded unless a reasonable opportunity has been given to \r\nit to show cause against the supersession. \r\n(2) When a Board is superseded by an order under sub-section (1)__ \r\n(a) all members of the Board shall, on such date as may be specified in the order, \r\nvacate their offices as such members but without prejudice to their eligibility \r\nfor election or nomination under clause (c) ; \r\n \r\n \r\n1Subs. by Act No. XXIV of 1936, ss. 69 and 22. \r\n2Subs. by Ordinance No.  XLIV of 1979, s. 2. \r\n3Subs. by Act No. XLVII of 2023, s.13. \r\n4Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.  \r\n5Omitted by A.O. 1937. \r\n  \r\n \r\nPage 50 of 137 \r\n \r\n(b) during the supersession of the Board, all powers and duties conferred and \r\nimposed upon the Board by or under this Act or otherwise by law shall be \r\nexercised and performed by the 1[Officer Commanding the station] subject to \r\nsuch reservation, if any, as the 2[Federal Government] may prescribe in this \r\nbehalf ; and \r\n(c) before the expiry of the period of supersession elections shall be held and \r\nnominations made for the purpose of reconstituting the Board. \r\nValidity of Proceedings. \r\n55. Validity of proceedings, etc. (1) No act or proceeding of a Board or of any committee of \r\na Board shall be invalid by reason only of the existence of a vacancy in the Board or committee. \r\n(2) No disqualification or defect in the election, nomination or appointment of a person acting \r\nas the President or a member of a Board or of any such committee shall vitiate any act or proceeding \r\nof the Board or committee if the majority of the persons present at the time of the act being done or \r\nthe proceeding being taken were duly qualified members thereof. \r\n(3) Any document or minutes which purport to be the record of the proceedings of a Board or \r\nof any committee of a Board shall, if made and signed substantially in the manner prescribed for the \r\nmaking and signing of the record of su ch proceedings, be presumed to be a correct record of the \r\nproceedings of a duly convened meeting, held by a duly constituted Board or committee, as the case \r\nmay be, whereof all the members were duly qualified. \r\n______ \r\nCHAPTER IV. \r\nSPIRITUOUS LIQUORS AND INTOXICATING DRUGS. \r\n56. Unauthorised sale of spirituous liquor or intoxicating drug.  If within a cantonment, or \r\nwithin such limits adjoining a cantonment as the 2[Federal Government] may, by notification in the  \r\n3[official Gazette] define, any person not subjec t to military or air-force law or any person subject to \r\nmilitary or air -force law otherwise than as a military officer or a soldier knowingly barters, sells or  \r\nsupplies, or offers or attempts to barter, sell or supply, any spirituous liquor or intoxicating drug to or \r\nfor the use of any soldier or follower or soldier’s wife or minor child without the written permission \r\nof the 1[Officer Commanding the station] or of some person authorised by the 1[Officer Commanding \r\nthe station] to grant such permission, he shall be punishable with fine which may extend to one hundred \r\n4[thousand] rupees, or with imprisonment for a term which may extend to three months, or with both. \r\n57. Unauthorised possession of spirituous liquor. If within a cantonment, or within any limits \r\ndefined under section 56,__ \r\n(a) any person subject to military or air -force law otherwise than as a military \r\nofficer or a soldier, or \r\n(b) the wife or servant of any such person or of a soldier,  \r\n \r\n1Subs. by Act No. VII of 1925, s. 14. \r\n2Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.  \r\n3Subs. by A.O., 1937. \r\n4Ins. by Act No. XLVII of 2023, s.14. \r\n \r\n \r\nPage 51 of 137 \r\n \r\nhas in his or her possession, except on behalf of the 1[Federal Government] or for the private use of a \r\nmilitary officer, more than one quart of any spirituous liquor, other than fermented maltliquor, without \r\nthe written permission of the 2[Officer Commanding the station] or of some person authorised by the \r\n2[Officer Commanding the station] to grant such permission, he or she shall be punishable, in the case \r\nof a first offence, with fine which may extend to fifty  3[thousand] rupees, and, in the case of a \r\nsubsequent offence, with imprisonment for a term  which may extend to three months, or with fine \r\nwhich may extend to one hundred 3[thousand] rupees. \r\n58. Arrest of persons and seizure and confiscation of things for offences against the two \r\nlast foregoing secti ons. (1) Any police officer or excise officer may, without an order from a \r\nMagistrate and without a warrant, arrest any person whom he finds committing an offence under \r\nsection 56 or section 57, and may seize and detain any spirituous liquor or intoxicating drug in respect \r\nof which such an offence has been committed and any vessels or coverings in which the liquor or drug \r\nis contained. \r\n(2) Where a person accused of an offence under section 56 has been previously convicted of \r\nan offence under that section, an officer in charge of a police station may, with the written permission \r\nof a 4[Magistrate of the first class], seize and detain any spirituous liquor or intoxicating drug within \r\nthe cantonment or within any limits defined under that section which, at the time of the alleged \r\ncommission of the subsequent offence, belonged to, or was in the possession of, such person. \r\n(3) The Court convicting a person of an offence under section 56 or section 57 may order the \r\nconfiscation of the whole or any part of anything seized under sub-section (1) or sub-section(2). \r\n(4) Subject to the provisions of Chapter XLIII of the Code of Criminal Procedure, 1898 (V of \r\n1898), anything, seized under sub-section (1) or sub-section (2) and not confiscated under sub-section \r\n(3) shall be restored to the person from whom it was taken. \r\n59. Saving of articles sold or supplied for medicinal purposes. The foregoing provisions \r\nof this Chapter shall not apply to the sale or supply of any article in good faith for medicinal purposes \r\nby a medical practitioner, chemist or druggist authorised in this behalf by a general or special order of \r\nthe 2[Officer Commanding the station]. \r\n_______ \r\n \r\nCHAPTER V.  \r\nTAXATION. \r\n \r\nImposition of Taxation. \r\n5[3[60. Power to l evy taxes, etc .__ (1) The Board may, with the previous sanction of the \r\nadministrative division, impose in a cantonment any or all the taxes, fees, tolls and charges as specified \r\nin the Schedule VII.] \r\n6[*  *  *  *  *  *  *] \r\n(2) Any tax imposed under this section shall take effect from the date of its notification in the  \r\n6[official Gazette].] \r\n1Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.  \r\n2Subs. by Act No. VII of 1925, s. 14. \r\n3Ins. and subs. by Act No. XLVII of 2023, ss.15 and 16. \r\n4Subs. by Federal Laws (Revision and Declaration) Ordinance, 1981 (Ordinance No. XXVI of 1981), s.3 and Sch. II. \r\n5Subs. by Act XXIV of 1936, s. 23. \r\n6Omitted and subs. by A.O., 1937. \r\n7Subs. by A.O., 1937.  \r\n \r\nPage 52 of 137 \r\n \r\n1[61. Framing of preliminary proposals. When a resolution has been passed by the Board \r\nproposing to impose a tax, fee, toll or any other charge under section 60, the Board shall in the manner \r\nprescribed in section 255 publish a notice specifying― \r\n(a) the tax, fee, toll or any other charge which it proposed to impose; \r\n(b) the persons or classes of persons to be made liable and the descripti on of the \r\nproperty or other thing or circumstance in respect of which they are to be made \r\nliable; \r\n(c) the method of assessment of the pro posed tax, fee, rate, rent, toll or other \r\ncharges; \r\n(d) the incidence at which the tax, fee, rate, rent, toll or other charge is to be levied; \r\nand \r\n(e) the rate at which the tax, fee, toll or any other charge is to be levied.] \r\n1[62. Objections and disposal thereof .__(1) Any inhabitant of the cantonment may, within \r\nthirty days from the publication of the notice under section 61, submit to the Board an objection in \r\nwriting to all or any of the proposals contained therein. \r\n(2) The Board shall take all the objections into consideration and pass orders thereon by special \r\nresolution. \r\n(3) The Board while passing an order under sub-section (2) may__ \r\n(a)   accept all or any of the objections and modify the proposal made under section \r\n61 accordingly; or \r\n(b) reject the objections and maintain the original proposal made under section 61.] \r\n1[63. Imposition of tax, fee, toll etc.__The Board, after passing an order under sub-section (2) \r\nof section 62, may impose the tax, fee, toll or any other charge so proposed.] \r\n64. Definition of “annual value”. For the purposes of this Chapter, “annual value” means__ \r\n(a) in the case of 1[* * * * * * *] buildings which a 2[Board] decides to assess under \r\nthis clause, one-twentieth of the sum obtained by adding the estimated present \r\ncost of erecting the building to the estimated value of the land appertaining \r\nthereto, and \r\n(b) in the case of a building or land not assessed under clause (a), the gross annual \r\nrent for which such building (exclusive of furnitu re or machinery therein) or \r\nsuch land is actually let or, where the building or land is not let or in the opinion \r\nof the 2[Board] is let for a sum less than its fair letting value, might reasonably \r\nbe expected to let from year to year: \r\n \r\n \r\n1Subs. and omitted by Act No. XLVII of 2023, ss.17, 18,19 and 20. \r\n2Subs. by Act No.  XXIV of 1936, s. 69. \r\n \r\nPage 53 of 137 \r\n \r\nProvided that, where the annual value of any building is , by reason of exceptional \r\ncircumstances, in the opinion of the 1[Board], excessive if calculated i n the aforesaid manner, the \r\n1[Board] may fix the annual value at any less amount which appears to it to be just. \r\n65. Incidence of taxation.  (1) Save as otherwise expressly provided in the notification \r\nimposing the tax, every tax 2[assessed] on the 3[annual rental value] of buildings or lands or of both \r\nshall be leviable primarily upon the actual occupier of the property upon which the said tax is assessed, \r\nif he is the owner of the buildings or lands or holds them on a building or other lease 1[granted by or \r\non behalf of the 4[Government] or] the 1[Board] or on a building lease from any person. \r\n(2) In any other case, the tax shall be primarily leviable as follows, namely:__ \r\n(a) if the property is let, upon the lessor ; \r\n(b) if the property is sub-let, upon the superior lessor ; \r\n(c) if the property is unlet, upon the person in whom the right to let the same vests. \r\n(3) On failure to recover any sum due on account of such tax from the person primarily liable, \r\nthere may be recovered from the occupier of any part of the buildings or lands in respect of which the \r\ntax is due such portion of the sum due as bears to the whole amount due the same ratio which the rent \r\nannually payable by such occupier bears to the aggregate amount of rent so payable in respect  of the \r\nwhole of the said buildings or lands, or to the aggregate amount of the letting value thereof, if any, \r\nstated in the authenticated assessment list. \r\n(4) An occupier who makes any payment for which he is not primarily liable under this section \r\nshall, in the absence of any contract to the contrary, be entitled to be reimbursed by the person primarily \r\nliable for the payment, and, if so entitled, may deduct the amount so paid from the amount of any rent \r\nfrom time to time becoming due from him to such person. \r\nAssessment List. \r\n66. Assessment list. When a tax 2[assessed] on the 3[annual rental value] of buildings or lands \r\nor both is imposed, the 1[Board] shall cause an assessment list of all buildings or lands in the \r\ncantonment, or of both, as the case may be, to be prepared in such form as the 5[Federal Government] \r\nmay by rule prescribe. \r\n67. Publication of assessment list. When the assessment list has been prepared, the 1[Board] \r\nshall give public notice thereof, and of the place where the list or a copy thereof may be inspected, and \r\nevery person claiming to be the owner, lessee or occupier of any property included in the list, and any \r\nauthorised agent of such person, shall be at liberty to inspect the list and to make extracts there from \r\nfree of charge. \r\n \r\n \r\n1Subs. by Act No. XXIV of 1936, ss. 69 and 25. \r\n2Ins. by Act No. XXVI of 1927, ss. 7 and 8. \r\n3Subs. by Act No. XLVII of 2023, ss.21 and 22. \r\n5Subs. by A.O., 1961, Art. 2 (with effect from the 23rd March, 1956). \r\n6Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.  \r\n \r\n \r\nPage 54 of 137 \r\n \r\n68. Revision of assessment list. (1) The 1[Board] shall, at the same time, give public notice of \r\na date, not less than one month thereafter, when it will proceed to consider the valuations and \r\nassessments entered in the assessment list, and, in all cases in which any property is for the first time  \r\nassessed 2[* * *  * * * * ], it shall also give written notice thereof to the owner and to any lessee or \r\noccupier of the property. \r\n(2) Any objection to a valuation or assessment shall be made in writing to the 1[Board] before \r\nthe date fixed in the notice, and shall state in what respect the valuation or assessment is disputed, and \r\nall objections so made shall be recorded in a register to be kept for the purpose by the 1[Board]. \r\n(3) The objections shall be inquired into and investigated, and the persons making them shall \r\nbe allowed an opportunity of being heard either in person or by authorised agent, by an Assessment \r\nCommittee appointed by the 1[Board]. \r\n(4) The Assessment Committee shall consist of not less than three persons, and, 1[* * *] it shall \r\nnot be necessary to appoint to the Assessment Committee any member 1[of the Board]. \r\n69. Authentication of assessment list . (1) When all objections made under section 68 have \r\nbeen disposed of, and the revision of the valuation and assessment has been completed, the assessment \r\nlist shall be authenticated by the signature of the members of the Assessment Committee who shall, at \r\nthe same time, certify that they have considered all objections duly made and have amended the list so  \r\nfar as is required by their decisions on such objections. \r\n(2) The assessment list so authenticated shall be deposited in the office of the 1[Board], and \r\nshall there be open, free of charge, during office hours to all owners, lessees and occupiers of property \r\ncomprised therein or the authorised agents of such persons, and a public notice that it is so open shall \r\nforthwith be published. \r\n70. Evidential value of assessment list. Subject to such alterations as may thereafter be made \r\nin the assessment list under the provisions of this Chapter and to the result of any appeal made \r\nthereunder, the entries in the assessment list authenticated and deposited as provided in section 69 shall \r\nbe accepted as conclusive evidence__ \r\n(i) for the purpose of assessing any tax imposed under this Act, of the annual value \r\nor other valuation of all buildings and lands to which such entries respectively \r\nrefer, and \r\n(ii) for the purposes of any tax imposed on buildings or lands, of the amount of each \r\nsuch tax leviable thereon during the year to which such list relates. \r\n71. Amendment of assessment list . 1[(1) The Board may amend the assessment list at any \r\ntime__ \r\n(a) by inserting or omitting the name of any person whose name ought to have been \r\nor ought to be inserted or omitted, or \r\n \r\n \r\n1Subs. and omitted by Act No. XXIV of 1936, ss. 69, 26 and 27. \r\n2Omitted by Act No. XLVII of 2023, s.23. \r\n  \r\n \r\nPage 55 of 137 \r\n \r\n(b) by inserting or omitting any property which ought to have been or ought to be \r\ninserted or omitted, or \r\n(c) by altering the assessment on any property which has been erroneously valued \r\nor assessed through fraud, accident or mistake, whether on the part of the Board \r\nor of the Assessment Committee or of the assessee, or \r\n(d) by revaluing or re-assessing any property the value of which has been increased, \r\nor \r\n(e) in the case of a tax payable by an occupier, by changing the name of the occupier \r\n1[.] \r\n 1[* * * * * * *]] \r\n2[(1A) Before making any amendment under sub-section (1) the Board shall give to any person \r\naffected by the amendment notice of not less than one month that it proposes to make the amendment.] \r\n(2) Any person interested in any such amendment may tender an objection to the 2[Board] in \r\nwriting before the time fixed  in the notice, and shall be allowed an opportunity of being heard in \r\nsupport of the same in person or by authorised agent. \r\n72. Preparation of new assessment list.  The 2[Board] shall prepare a new assessment list at \r\nleast once in every three years, and for  this purpose the provisions of sections 66 to 71 shall apply in \r\nlike manner as they apply for the purpose of the preparation of an assessment list for the first time. \r\n73. Notice of transfers. (1) Whenever the title of any person primarily liable  for the payment \r\nof  a tax on the 1[annual rental value] of any building or land to or over such building or land is \r\ntransferred, the person whose title is transferred and the person to whom the same is transferred shall, \r\nwithin three months after the execution of the instrument of transfer or after its registration, if it is \r\nregistered, or after the transfer is effected, if no instrument is executed, give notice of such transfer to \r\nthe Executive Officer. \r\n(2) In the event of the death of any person primarily liable as aforesaid, the person on whom \r\nthe title of the deceased devolves shall give notice of such devolution to the Executive Officer within \r\nsix months from the death of the deceased. \r\n(3) The notice to be given under this section shall be in such form as the Executive Officer may \r\ndirect, and the transferee or other person on whom the title devolves shall, if so required, be bound to \r\nproduce before the Executive Officer any documents evidencing the transfer or devolution. \r\n(4) Every person whom makes a transfer a s aforesaid without giving such notice to the \r\nExecutive Officer shall continue liable for the payment of all taxes assessed on the property transferred \r\nuntil he gives notice or until the transfer has been recorded in the registers of the 2[Board], but nothing \r\nin this section shall be held to affect the liability of the transferee for the payment of the said tax. \r\n \r\n \r\n1Subs. and omitted by Act No. XLVII of 2023, ss.24 and 25. \r\n2Ins. by the Act No. XXIV of 1936, ss. 27 and 69. \r\n  \r\n \r\nPage 56 of 137 \r\n \r\n1[(5) The Executive Officer shall record 2[every transfer or devolution] of title notified to him \r\nunder sub-section (1) or sub-section (2) in the assessment list and other tax registers of the Board.] \r\n74. Notice of erection of buildings.  (1) If any buildin g is erected or re -erected within the \r\nmeaning of section 179, the owner shall give notice thereof to the Executive Officer within thirty days \r\nfrom the date of its completion or occupation, whichever is earlier. \r\n(2) Any person failing to give the notice req uired by sub-section (1) shall be punishable with \r\nfine which may extend to fifty 3[thousand] rupees or 3[one time] the amount of the tax payable on the \r\nsaid building, as erected or  re-erected, as the case may be, in respect of a period of 3[one year] , \r\nwhichever is greater. \r\nRemission and Refund. \r\n75. Demolition, etc., of buildings. If any building is wholly or partly demolished or destroyed \r\nor otherwise deprived of value, the 1[Board] may, on the application 4[in writing] of the owner 1[or \r\noccupier], remit or refund such portion of 5[any tax assessed on the 3[annual rental value] thereof] as \r\nit thinks fit.  \r\n76. Remission of tax. In a cantonment 1[* * *], when any building or land has remained vacant \r\nand unproductive of rent for 1[sixty] or more consecutive days 1[* * * ], the 1[Board] shall remit or \r\nrefund, as the case may be, such portion of 1[any tax assessed on the 3[annual rental value] thereof and \r\npayable] as may be proportionate to the number of days during which the said building or land has \r\nremained vacant and unproductive of rent: \r\n6[Provided that in any cantonment which the 7[Federal Government], by notification in the \r\nofficial Gazette, has declared to be a hill cantonment and in respect of which the 7[Federal \r\nGovernment]  by the  same or a like notification has declared a portion of the year to be the season for \r\nthe cantonment, when any building or land is leased for occupation through the season only, but the \r\nrent charged is the full annual rent,  no remission or refund shall be admissible under this section in \r\nrespect of any time outside the season during which the building or land remains vacant, but in respect \r\nof any time, not being less than sixty consecutive days during which within the season such building \r\nor land has remained vacant and unproductive of rent, the Board shall remit or refund such portion of \r\nany tax assessed on the 3[annual rental value] thereof as bears to the whole of the tax so assessed the \r\nsame proportion as the number  of days during which the building or land has remained vacant and \r\nunproductive of rent bears to the total length of the season.] \r\n \r\n \r\n \r\n \r\n \r\n1Ins. subs. and omitted by Act No. XXIV of 1936, ss. 28, 29,30 and 69. \r\n2Subs. by the Repealing and Amending Act , 1940 (Act No.  XXXII of 1940), s. 3 and 2nd Sch. \r\n3Ins. and Subs. by Act No. XLVII of 2023, ss.26 and 27. \r\n4Ins. by Act No. VII of 1931, s. 4. \r\n5Subs. by Act No. XXVI of 1927, s. 9. \r\n6Added by Act No. XV of 1942, s. 7. \r\n7Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.  \r\n  \r\n \r\nPage 57 of 137 \r\n \r\n77. Power to require entry in assessment list of details of building.  For the purpose of \r\nobtaining a partial remission or refund of tax, the owner of a building composed of separate tenements \r\nmay request the 1[Board], at the time of the assessment of the building, to enter in the assessment list, \r\nin addition to the 2[annual rental value] of the whole building, a note recording in detail the 2[annual \r\nrental value] of each separate tenement. When any tenement, the 2[annual rental value] of which has \r\nbeen thus separately recorded, has remained vacant and unproductive of rent for 1[sixty] or more \r\nconsecutive days 1[* * *], such portion of 3[any tax assessed on the 2[annual rental value] of the whole \r\nbuilding 1[* * *] shall be remitted or refunded as would have been remitted or refunded if the tenement \r\nhad been separately assessed. \r\n3[77A.] Notice to be given of the circumstances in which remission or refund is claimed.  \r\n3[No remission or refund under 4[* *] section 76, or section 77] shall be made unless notice in writing \r\nof the 4[fact that the building, land or tenement has become vacant and un-productive of rent] has been \r\ngiven to the 1[Board], and no remission or refund shall take effect in respect of any period commencing \r\nmore than fifteen days before the delivery of such notice. \r\n78. What buildings, etc., are to be deemed vacant . (1) For the purposes of sections 76 and \r\n77 no building, tenement or land shall be deemed vacant if maintained as a pleasure re sort or town or \r\ncountry house, or be deemed unproductive of rent if let to a tenant who has a continuing right of \r\noccupation thereof, whether he is in actual occupation or not. \r\n(2) The burden of proving all facts entitling any person to claim relief under section 75, or \r\nsection 76, or section 77, shall be upon him. \r\n79. Notice to be given of every occupation of vacant building or house.  (1) The owner of \r\nany building, tenement or land in respect of which a remission or refund of tax has been given under \r\nsection 76 or section 77 shall give notice of the re -occupation of such building 5[tenement] or land  \r\nwithin fifteen days of such re-occupation. \r\n(2) Any owner failing to give the notice required by sub -section (1) shall be punishable with \r\nfine which shall not be less than twice the amount of the tax payable on such building, tenement or \r\nland in respect of the period during which it has been re -occupied and which may extend to 2[five \r\nthousand] rupees, or to ten times the amount of the said tax, whichever sum is greater. \r\nCharge on Immoveable Property. \r\n80. Tax on buildings and land to be a charge thereon. A tax assessed on the 2[annual rental \r\nvalue] of any building of land shall, subject to the prior payment of the land-revenue, if any due to the \r\nGovernment thereon be a first charge upon the building or land. \r\n \r\n \r\n \r\n \r\n1Subs. omitted and repealed by Act No. XXIV of 1936, ss. 69 and 30. \r\n2Subs. by Act No. XLVII of 2023, ss.27,28 and 29. \r\n3Subs. by Act No. XXVI of 1927, s. 11. \r\n4Repealed and subs. by Act No. VII of 1931, s. 5. \r\n5Ins. by the Repealing and Amending Act, 1936 (Act No. XXIV of 1936), s. 2, and 1st Sch. \r\n \r\n  \r\n \r\nPage 58 of 137 \r\n \r\nOctroi, Terminal Tax and Tool. \r\n81. Inspection of imported goods, etc. Every person bringing or receiving any goods, vehicles \r\nor animals within the limits of any cantonment in which octroi or terminal tax or toll is leviable, shall, \r\nwhen so required by an officer duly authorized by the 1[Board] in this behalf, so far as may be necessary \r\nfor ascertaining the amount of tax chargeable__ \r\n(a) permit that officer to inspect, examine or weigh such goods, vehicles or animals \r\n; and \r\n(b) communicate to that officer any information, and exhibit to him any bill, invoice \r\nor document of a like nature, which such person may possess relating to such \r\ngoods, vehicles or animals. \r\n82. Evasion of octroi or terminal tax. (1) Any person who takes or attempts to take past any \r\noctroi station or any other place appointed within a cantonment for the collection of octroi, terminal \r\ntax or toll any goods, vehicles or animals, on account of which octroi, terminal tax or toll is leviable \r\nand thereby evades, or attempts to evade, the payment of such octroi, terminal tax or toll, and any \r\nperson who abets any  such evasion or attempt at evasion, shall be punishable with fine which may  \r\nextend either to ten times the value of such octroi, terminal tax or toll, or to 2[five thousand] rupees, \r\nwhichever is greater and which shall not be less than twice the value of such octroi, terminal tax or \r\ntoll, as the case may be. \r\n(2) In case of non -payment of any octroi or terminal tax or toll on demand, the officer \r\nempowered to collect the same may seize any goods, vehicles or animals on which the octroi, terminal \r\ntax or toll is chargeable or any part or number thereof which is of sufficient value to satisfy the demand \r\n1[and shall give a receipt specifying the items seized]. \r\n(3) The 1[Board], after the lapse of five days from the seizure, and after the issue of a notice in \r\nwriting to the person in whose possession the goods, vehicles or animals were at the time of seizure, \r\nfixing the time and place of sale, may cause the property so seized, or so much thereof as may be \r\nnecessary, to be sold by auction to satisfy the demand and a ny expenses occasioned by the seizure, \r\ncustody and sale thereof, unless the demand and expenses are in the meantime paid: \r\nProvided that the Executive Officer may, in any case, order that any article of a perishable \r\nnature which cannot be kept for five days without serious risk of damage, or which cannot be kept save \r\nat a cost which, together with the amount of octroi, terminal tax or toll, is likely to exceed its value, \r\nshall be sold after the lapse of such shorter time as he may, having regard to the natur e of the article, \r\nthink proper. \r\n(4) If at any time before the sale has begun, the person whose property has been seized tenders \r\nto the Executive Officer the amount of all expenses incurred and of the octroi, terminal tax or toll, the \r\nExecutive Officer shall release the property seized. \r\n(5) The surplus, if any, of the sale-proceeds shall be credited to the cantonment fund, and shall, \r\non application made to the 1[Board] within one year after the sale, be paid to the person in whose \r\npossession the property was at the time of seizure, and, if no such application is made, shall be the \r\nproperty of the 1[Board]. \r\n \r\n1Subs. and ins. by Act No. XXIV of 1936, ss. 69 and 31. \r\n2Subs. by Act No. XLVII of 2023, s.30. \r\n  \r\n \r\nPage 59 of 137 \r\n \r\n83. Lease of octroi, terminal tax or toll. It shall be lawful for the 1[Board], with the previous \r\nsanction of the 2[Competent Authority], to lease the collection of any octroi, terminal tax or toll for  any \r\nperiod not exceeding one year; and the lessee and all persons employed by him in the ma nagement and \r\ncollection of the octroi, terminal tax or toll shall, in respect thereof,__ \r\n(a) be bound by any orders made by the 1[Board] for their guidance; \r\n(b) have such powers exercisable by officers or servants of the 1[Board] under this Act \r\nas the 1[Board] may confer upon them ; and \r\n(c) be entitled to the same remedies and be subject to the same responsibilities as if \r\nthey were employed by the 1[Board] for the management and collection of the \r\noctroi, terminal tax or toll, as the case may be: \r\nProvided that no article distrained may be sold except under the orders of the 1[Board]. \r\nAppeals. \r\n84. Appeals against assessment. (1) An appeal against the assessment or levy of, or against the \r\nrefusal to refund, any tax under this Act shall lie to the 3[regional director] 3[.] \r\n3[* * * * * * *] \r\n(2) If, on the hearing of an appeal under this section, any question as to the liability to, or the \r\nprinciple of assessment of, a tax arises on which the officer hearing the appeal entertains reasonable doubt, \r\nhe may, either of his own motion or on the application of the appellant, draw up a statement of the facts of \r\nthe case and the point on which doubt is entertained, and refer the statement with his own opinion on the \r\npoint for the decision of the High Court. \r\n(3) On a reference being made under sub-section (2), the subsequent proceedings in the case shall \r\nbe, as nearly as may be, in conformity with the rules relating to references to the High Court contained in \r\nOrder XLVI of the First Schedule to the Code of Civil Procedure, 1908 (V of 1908). \r\n85. Costs of appeal. In every appeal the costs shall be in the discretion of the officer hearing the \r\nappeal. \r\n86. Recovery of costs from Board. If the 1[Board] fails to pay any costs awarded to an appellant \r\nwithin ten days a fter the date of the order for payment thereof, the Officer awarding the costs may order \r\nthe person having the custody of the balance of the cantonment fund to pay the amount. \r\n87. Conditions of right to appeal.  No appeal shall be heard or determined under this Chapter \r\nunless:__ \r\n(a) the appeal is, in the case of a tax assessed on the 3[annual rental value] of buildings \r\nor lands or both, brought within thirty days next after the date of the authentication \r\nof the assessment list under section 69 (exclusive of the time requisite for obtaining \r\na copy of the relevant entries therein), or, as the case may be, within thirty days \r\n \r\n \r\n1Subs. by Act No. XXIV of 1936, s. 69. \r\n2Subs. by Ordinance No. XLIV of 1979, s. 2. \r\n3Subs. and omitted by Act No. XLVII of 2023, ss.31and 32. \r\n \r\nPage 60 of 137 \r\n \r\nof the date on which an amendment is finally made under section 71, and, in the \r\ncase of any other tax, within thirty days next after the date of the receipt of the \r\nnotice of assessment or of altera tion of assessment or, if no notice has been \r\ngiven, within thirty days next after the date of the presentation of the first bill in \r\nrespect thereof: \r\nProvided that an appeal may be admitted after the expiration of the period \r\nprescribed therefor by this section if the appellant satisfies the Court before whom the \r\nappeal is preferred that he had sufficient cause for not preferring it within that period; \r\n(b) the amount, if any, in dispute in the appeal has been deposited by the appellant \r\nin the office of the 1[Board]. \r\n88. Finality of appellate orders. The order of an appellate authority confirming, setting aside \r\nor modifying an order in respect of any valuation or assessment or liability to assessment or taxation \r\nshall be final: \r\nProvided that it shall be lawful for the appellate authority, upon applica tion or on its own \r\nmotion, to review any order passed by it in appeal if application in this behalf is made within three \r\nmonths from the date of the original order. \r\nPayment and Recovery of Taxes. \r\n89. Time and manner of payment of taxes. Save as otherwise expressly provided under this \r\nAct, any tax imposed under the provisions of this Act shall be payable on such dates and in such \r\ninstalments, if any, as the 1[Board] may 2[* * * * *] direct. \r\n2[89A. Late payment surcharge.__A late payment surcharge at the rate of one per cent of the \r\ngross payable tax shall stand imposed on the first day of  every month of delay if the tax payable for \r\nany year is not paid by the date fixed by the Board under section 89.] \r\n2[90. Presentation of bill. __(1) When any sum becomes due for payment on account of any \r\ntax, fee, toll, rent or other charges, the Executive Officer  or any person authorized him, shall cause to \r\nbe presented to the person liable for the payment thereof a bill. \r\n(2) Every such bill shall specify the particulars of the tax, fee, rent, toll or  other charges, the \r\nperiod for which the charge is made, the period within it is to be paid and the liability in case of default \r\nof pa y me n t.] \r\n91. Notice of demand. (1) If the amount of the tax 2[, fee, rent, toll or other charges]  for which \r\nany bill has been presented is not paid to the 1[Board] within thirty days from the presentation thereof, \r\nthe Executive Officer  may cause to be served upon the person liable for the payment of the same a \r\nnotice of demand in the form set forth in Schedule I. \r\n(2) For every notice of demand which the Executive Officer causes to be served on any person \r\nunder this section, a fee of such amount, not exceeding 2[two hundred rupees], as shall in each case be \r\nfixed by the Executive Officer, shall be payable by the said person and shall be included in the costs \r\nof recovery. \r\n1Subs. by Act No. XXIV of 1936, s. 69. \r\n2Omitted, Ins. and Subs. by Act No.  XLVII of 2023, ss.33, 34,35 and 36. \r\n  \r\n \r\nPage 61 of 137 \r\n \r\n1[92. Recovery of tax, fee, toll or other charges.__(1) If the person  liable for the payment of \r\nany tax, fee, toll or other charges does not within thirty days from the service of the notice of demand \r\npay  the amount  due or  does not show sufficient cause for non-payment of the same to the satisfaction \r\nof the Executive Officer, such sum with all costs of recovery may be recovered under a warrant issued \r\nin the form set forth in Schedule II by__  \r\n(a) distress and sale of the moveable property of the defaulter; or \r\n(b) sealing, attachment and sale of the immovable property if the amount so \r\nrecoverable pertains to such immovable property. \r\nExplanation.__The warrant may be addressed to any servant of the Board for execution and in \r\nexecuting it he may obtai n such assistance from other servants of the Board as he may consider \r\nnecessary: \r\nProvided that the executive officer shall not recover any sum the liability for which has been \r\nremitted on appeal under this Chapter. \r\n(2) Every warrant issued under this section shall be signed by the executive officer. \r\n(3) The executive officer after due process of law may request to the State Bank of Pakistan \r\nfor attachment or seizure of the tax defaulter’s bank account through a warrant served in the manner \r\nspecified in the form set forth in Schedule-II. In case, the amount of tax default exceeds one hundred \r\nthousand rupees, the amount of tax default shall be made good from the account of the tax defaulter or \r\nthe account shall remain seized till such time the tax defaulters clears the outstanding amount of tax.] \r\n1[92A. Surcharge payable on taxes, fee, etc. due.__(l) If a person on whom a notice of demand \r\nhas been served under section 91 does not within a period specified in such notice pay the sum \r\ndemanded in the notice, he shall be liable to pay a surcharge in addition to the sum and other charges \r\ndue at the rate of one percent of the sum due, for each complete month from the date of expi ry of the \r\nperiod as aforesaid. \r\n(2) The amount of interest shall be recoverable in the sam e manner as moneys recoverable by \r\nthe Board under section 259:  \r\nProvided that__ \r\n(a) where no appeal has been preferred, the executive officer with the previous \r\nsanction of the Board; and \r\n(b) in any other case, the Director hearing the appeal under section 84, may remit \r\nthe whole or any part of the interest payable in respect of any period.] \r\n93. Distress. (1) It shall be lawful for any servant of the 2[Board] to whom a warrant issued  \r\nunder section 92 is addressed to distrain, wherever it may be found 2[in the cantonment], any moveable \r\nproperty of 2[or standing timber, growing crops or grass belonging to] the person therein named as \r\ndefaulter, subject to the following conditions, exceptions and exemptions, namely:__ \r\n \r\n1Subs. and Ins. by Act No. XLVII of 2023, ss.37 and 38. \r\n2Subs. by Act No. XXIV of 1936, s. 69. \r\n \r\n \r\nPage 62 of 137 \r\n \r\n(a) the following property shall not be distrained :__ \r\n(i) the necessary wearing apparel and bedding of the defaulter, his wife and \r\nchildren, \r\n(ii) tools of artisans, \r\n(iii) books of account, or \r\n(iv) when the defaulter is an agriculturist his implements of husbandry, \r\nseed-grain, and such cattle as may be necessary to enable the defaulter \r\nto earn his livelihood; \r\n(b) the distress shall not be excessive, that is to say, the property distrained shall be \r\nas nearly as possible equal in value to the amount recoverable under the warrant, \r\nand if any property has been distrained which, in the opinion of the Executive \r\nOfficer, should not have been distrained, it shall forthwith be returned. \r\n(2) The person charged with the execution of a warrant of distress shall forthwith make an \r\ninventory of the property which he seizes under such warrant, and shall, at the same time, give a written \r\nnotice in the form set forth in Schedule III to the person in possession thereof at the time of seizure \r\nthat the said property will be sold as therein mentioned. \r\n94. Disposal of distrained property . (1) When the property seized is subject to speedy and \r\nnatural decay, or when the expense of keeping it in custody is, when added to the amount to be \r\nrecovered likely to exceed its value, the Executive Officer shall give notice to the person in whose \r\npossession the property was at the time of seizure that it will be sold at once, and shall sell it \r\naccordingly by public auction unless the amount mentioned in the warrant is forthwith paid. \r\n(2) If the warrant is not in the meantime suspended by the Executive Officer, or discharged, \r\nthe property seized shall, after the expiry of the period named in the notice served under sub -section \r\n(2) of section 93, be sold by public auction by order of the Executive Officer. \r\n(3) The surplus of the sale-proceeds, if any, shall forthwith be credited to the cantonment fund, \r\nand notice of such cre dit, shall be given at the same time to the person from whose possession the \r\nproperty was taken, and, if the same is claimed by written application to the 1[Board] within one year \r\nfrom the date of the notice, a refund thereof shall be made to such person. Any surplus not claimed \r\nwithin one year as aforesaid shall be the property of the 1[Board]. \r\n(4) For every distraint made under this Chapter a fee of such amount, not exceeding one rupee, \r\nas shall in each case be fixed by the Executive Officer shall be char ged, and the said fee shall be \r\nincluded in the costs of recovery. \r\n95. Recovery from a person about to leave cantonment . (1) If the Executive Officer has \r\nreason to believe that any person from whom any sum is due 2[or is about to become due] on account \r\nof any tax is about to remove from the cantonment, he may direct the immediate payment by such \r\nperson of the sum so due or ab out to become due, and cause a bill for the same to be served on such \r\nperson. \r\n \r\n1Subs. by Act No. XXIV of 1936, s. 69. \r\n2Ins. by the Repealing and Amending Act No. VIII of 1930, s. 2 and 1st Sch. \r\n \r\nPage 63 of 137 \r\n \r\n(2) If, on the service of such bill, such person does not forthwith pay the sum so due or about \r\nto become due, the amount provided in this Chapter, except that it shall not be necessary to serve upon \r\nthe defaulter any notice of demand and the warrant for distress and sale may be issued and executed \r\nwithout any delay. \r\n96. Power to institute suit for recovery. Instead of proceeding against a defaulter by distress \r\nand sale as hereinbefore provided in this Chapter, or after a defaulter has been so proceeded against \r\nunsuccessfully or with only partial success, any sum due or the balance of  any sum due, as the case  \r\nmay be, from such defaulter on account of a tax may be recovered from him by a suit in any Court of \r\ncompetent jurisdiction. \r\nSpecial Provisions relating to Taxation. \r\n97. Power to prohibit or exempt from taxation.  Every 1[Board] shall be deemed to be a \r\nMunicipal Committee for the purposes of the Municipal Taxation Act, 1881 (XI of 1881). \r\n98. Power to make special provision for conservancy in certain cases. A 1[Board] may make \r\nspecial provision for the cleansing of any factory, hotel, club or group of buildin gs or lands used for \r\nany one purpose and under one management, and may fix a special rate and the dates and other \r\nconditions for periodical payment thereof, which shall be determined by a written agreement with the \r\nperson liable for the payment of the cons ervancy or scavenging tax in respect of such factory, hotel, \r\nclub or group of buildings or lands : \r\nProvided that, in fixing the amount, proper regard shall be had to the probable cost to the  \r\n1[Board] of the services to be rendered. \r\n99. Exemption in the case of buildings. (1) When, in pursuance of section 98, a 1[Board] has \r\nfixed a special rate for the cleansing of any factory, hotel, club or group of buildings or lands, such \r\npremises shall be exempted from the payment of any conservancy or scavenging tax  imposed in the \r\ncantonment. \r\n2[(2) The Board may exempt following buildings and lands from any tax on property other than \r\na tax imposed to cover the cost of specific services rendered by the Board, namely:— \r\n(a) places set apart for public worship and either  actually so used or used for no \r\nother purpose; \r\n(b) buildings used for educational purposes which are open to public  and from \r\nwhich no income is derived; \r\n(c) public libraries, play-grounds and dharmsalas which are open to the public and \r\nfrom which no income is derived; \r\n(d) hospitals and dispensaries maintained wholly by charitable contributions; \r\n(e) burning and burial grounds, not being the property of the Government or a \r\nBoard, which are controlled under the provisions of this Act; \r\n \r\n1Subs. by Act No. XXIV of 1936, s. 69. \r\n2Subs. by Act No. XLVII of 2023, s.39.  \r\n \r\nPage 64 of 137 \r\n \r\n(f) buildings or lands vested in a Board; and \r\n(g) buildings which are the property of the Federal or Provincial Government.] \r\n1[99A. General power of exemption. The 2[Federal Government] may, by notification in the \r\n3[official Gazette], exempt, either wholly or in part from the payment of any tax imposed under this \r\nAct, any person or class of persons or any property or goods or class of property or goods 4[* * *]. \r\n100. Exemption of poor persons. A 5[Board] may exempt, for a period not exceeding one year \r\nat a time from the payment of any tax or any portion of a tax imposed under this Act, any person who \r\nis in its opinion by reason of poverty unable to pay the same. \r\n101. Composition. (1) A 5[Board] may, 6[* * * * * * *] allow any person to compound for any \r\ntax. \r\n(2) Every sum due by reason of the composition of a tax under sub -section (1) shall be \r\nrecoverable as if it were a tax. \r\n102. Irrecoverable debts. A 5[Board] may write-off any sum due on account of any tax 5[or  \r\nrate] or of the costs of recovering any tax 5[or rate] if such sum is, in its opinion, irrecoverable : \r\n5[Provided that, where the sum written-off in favour of any one person exceeds 6[one hundred \r\nthousand] rupees, 6[the concurrence of Director General] shall be first obtained.] \r\n103. Obligation to disclose liability . (1) The Executive Officer may, by written notice, call \r\nupon any inhabitant of the cantonment to furnish such information as may be necessary for the purpose \r\nof ascertaining__ \r\n(a) whether such inhabitant is liable to pay any tax imposed under this Act ; \r\n(b) at what amount he should be assessed ; or \r\n(c) the annual value of the building or land which he occupies and the name and \r\naddress of the owner or lessee thereof. \r\n(2) If any person, when called upon under sub -section (1) to furnish information, neglects to \r\nfurnish it or furnishes information which is not true to the best of h is knowledge or belief, he shall be \r\npunishable with fine which may extend to 6[ten thousand] rupees. \r\n104. Immaterial error not to affect liability.  No assessment and no charge or demand on \r\naccount of any tax or fee shall be impeached or affected by reason only of any mistake in the name of \r\nany person liable to pay such tax or fee, or in the description of any property or thing, or any mistake \r\nin the amount of the assessment charge or demand, if the directions contained in this Act and the rules \r\nand bye-laws made thereunder have in substance and effect been complied with ; but any person who \r\nsustains any special damage by reason of any such mistake shall be entitled to recover compensation \r\nfor the same by suit in a Court of competent jurisdiction. \r\n \r\n1Ins. by Act No. XXXV of 1926, s.7. \r\n2Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.  \r\n3Subs. by A.O. 1937. \r\n4Omitted by Act No. VII of 1931, s. 6. \r\n5Subs. and ins. by Act No. XXIV of 1936, ss. 69 and 34. \r\n6Omitted and Subs. by Act No. XLVII of 2023, ss.40, 41 and 42. \r\n \r\nPage 65 of 137 \r\n \r\n105. Distraint not to be invalid by reason of immaterial defect. No distress levied under \r\nthis Chapter shall be deemed unlawful, nor shall any person making the same be deemed a \r\ntrespasser, on account only of any defect of form in the notice of demand, warrant of distress or other \r\nproceeding relating thereto ; nor shall any such person be deemed a trespasser ab initio on account of \r\nany irregularity afterwards committed by him ; but any person who sustains any special damage by \r\nreason of any such irregularity shall be entitled to recover compensation for the same by suit in a \r\nCourt of competent jurisdiction. \r\nCHAPTER VI.  \r\nCANTONMENT FUND AND PROPERTY. \r\n \r\nCantonment Fund. \r\n \r\n106. Cantonment fund. There shall be formed for every cantonment a cantonment fund, and \r\nthere shall be placed to the credit thereof the following sums, namely:__ \r\n(a) the balance, if any, of the cantonment fund formed for the cantonment under the \r\nCantonments Act, 1910, (XV of 1910); \r\n(b) all sums received by or on behalf of the 1[Board], 2[*] \r\n2[*  *  *  *  *  *  *] \r\n107. Custody of cantonment fund. (1) Where in or near a cantonment there is a Government \r\ntreasury or sub‑treasury, or a branch of the 3[State Bank of Pakistan], the cantonment fund shall be \r\nkept in such treasury, sub‑treasury or bank, as the case may be. \r\n(2) Where there is no such treasur y, sub‑treasury or bank,  the cantonment fund may be \r\ndeposited with any bank to which the Government treasury business has been entrusted, and, in the \r\nabsence of such a bank with any banker or person acting as a banker who has given such security for \r\nthe safe custody of the fund and the payment on demand of the funds so deposited as the 4[Federal \r\nGovernment] may in each case direct. \r\n5[(3) A 1[Board] may, from time to time, with the previous sanction of the 6[Competent \r\nAuthority], invest any portion of its cantonment fund in securities of the 4[Federal Government] or in \r\nsuch other securities, including fixed deposits in banks, as the 4[Federal Government] may approve in \r\nthis behalf, and may dispose of such investments or vary them for others of a like nature.] \r\n(4) The income resulting from any fixed deposit or from any such security as is referred to in \r\nsub‑section (3) or from the proceeds of the sale of any such security shall be credited to the cantonment \r\nfund. \r\n \r\n \r\n1Subs. by Act No. XXIV of 1936, s. 69. \r\n2Repealed by A.O., 1937. \r\n3Subs. 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). \r\n4Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.  \r\n5Subs. by Act No. XXXVI of 1927, s. 12. \r\n6Subs. by Ordinance No. XLIV of 1979, s. 2. \r\n  \r\n \r\nPage 66 of 137 \r\n \r\nProperty. \r\n108. Property. Subject to any special reservation made by the 1[Federal Government] 2[* * *], \r\nall property of the nature hereinafter in this section specified which has been acquired or provided or \r\nis maintained by a 3[Board] shall vest in and belong to that 3[Board], and shall be under its direction,  \r\nmanagement and control, that is to say,__ \r\n(a) all markets, slaughter‑houses, manure and nightsoil depots, and buildings of \r\nevery description ; \r\n(b) all water‑works for the supply, storage or distribution of water for public \r\npurposes and all bridges, buildings, engines, materials, and things connected \r\ntherewith or appertaining thereto ; \r\n(c) all sewers, drains, culverts and water‑courses, and all works, materials and \r\nthings appertaining thereto ; \r\n(d) all dust, dirt, dung, ashes, refuse, animal matter, filth and rubbish of every kind, \r\nand dead bodies of a nimals collected by the 3[Board] from the streets, houses, \r\nprivies, sewers, cesspools or elsewhere, or deposited in places appointed by the \r\n3[Board] for such purpose; \r\n(e) all lamps and lamp‑posts and apparatus connected therewith or appertaining \r\nthereto ; \r\n(f) all land or other property transferred to the 3[Board] 2[by the 1[Federal] or a \r\nProvincial Government] or by gift, purchase or otherwise for local public \r\npurposes ; and \r\n(g) all streets and the pavements, stones and other materials thereof, and also all  \r\ntrees, erections, materials, implements, and things existing on or appertaining \r\nto streets. \r\n109. Application of cantonment fund and property.  The cantonment fund and all property \r\nvested in a 3[Board] shall be applied for the purposes, whether express or implied, for which, by or \r\nunder this Act or any other law for the time being in force, powers are conferred or duties or obligations \r\nare imposed upon the 3[Board]: \r\nProvided that the 3[Board] shall not incur any expenditure for acquiring or renting land beyond \r\nthe limits of the cantonment or for constructing any work beyond such limits except__ \r\n(a) with the sanction of the 1[Federal Government], and \r\n(b) on such terms and conditions as the 1[Federal Government] may impose: \r\nProvided, further, that priority shall be given in the order hereinafter set forth to the following \r\nliabilities and obligations of a 3[Board], that is to say,__ \r\n \r\n1Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.  \r\n2Omitted and subs. by A.O., 1937. \r\n3Subs. by Act No. XXIV of 1936, s. 69. \r\n \r\n \r\nPage 67 of 137 \r\n \r\n(a) to the liabilities and obligations arising from a trust legally imposed upon or \r\naccepted by the 1[Board] ; \r\n(b) to the repayment of, and the payment of interest on, any loan incurred under the \r\nprovisions of the Local Authorities Loans Act, 1914 (IX of 1914) ; \r\n(c) to the payment of establishment charges ; \r\n(d) to the payment of such expenses on account of pauper lunatics sent from the \r\ncantonment to public lunatic asylums and men tal hospitals as the 2[Federal \r\nGovernment] directs the 1[Board] to pay; and \r\n(e) to the payment of any sum the payment of which is expressly required by the \r\nprovisions of this Act or any rule or bye‑law made thereunder. \r\n110. Acquisition of immovable propert y. When there is any hindrance to the permanent or \r\ntemporary acquisition upon payment of any land required by a 1[Board] for the purposes of this Act, \r\nthe 2[Federal Government] may, at the request of the 1[Board], 3[procure the acquisition thereof] under \r\nthe provisions of the Land Acquisition Act, 1894 ( of 1894) and, on payment by the 1[Board] of the \r\ncompensation awarded under that Act and of the charges incurred by the Government in connection \r\nwith the proceedings, the land shall vest in the 1[Board]. \r\n111. Power to make rules regarding cantonment fund and property.  The 2[Federal \r\nGovernment] may make rules consistent with this Act to provide for all or any of the following matters, \r\nnamely .__ \r\n(a) the conditions on wh ich property may be acquired by 1[Boards] or on which \r\nproperty vested in a  1[Board] may be transferred by sale, mortgage, lease, \r\nexchange or otherwise ; and \r\n(b) any other matter relating to the cantonment fund or cantonment property in \r\nrespect of which no provision or insufficient provision is made by or under this \r\nAct, and provision is, in the opinion of the 2[Federal Government], necessary. \r\n \r\nCHAPTER VII. \r\nCONTRACTS. \r\n \r\n112. Contracts by whom to be executed.  Subject to the provisions of this Chapter, every \r\n1[Board] shall be competent to enter into and perform any contract necessary for the purposes of this \r\nAct. \r\n113. Sanction. (1) Every contract__ \r\n(a) for which budget provision does not exist, or \r\n(b) which involves a value or amount exceeding one hundred rupees, \r\nshall require the sanction of the 1[Board]. \r\n \r\n \r\n \r\n1Subs. by Act No. XXIV of 1936, s. 69. \r\n2Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.  \r\n3Subs. by A.O., 1937. \r\n \r\n \r\nPage 68 of 137 \r\n \r\n(2) Every contract other than a contract such as is referred to in sub‑section (1) shall be \r\nsanctioned by the 1[Board] or by the Executive Officer on behalf of the 1[Board]. \r\n114. Execution of contracts. (1) Every contract made by or on behalf of a 1[Board], the value \r\nor amount of which exceeds fifty rupees, shall be in writing, and every such contract shall, 1[* * *], be \r\nsigned by two members, of whom the President or the Vice­President shall be one, and be \r\ncountersigned by the Executive Officer and be sealed with the common seal of the Board, 1[* * *]: \r\nProvided that, 1[* * * ], the Executive Officer may in a case of urgency, with the previous \r\nsanction of the President of the Board, execute on behalf of the Board any contract the value or amount \r\nof which does not exceed two hundred rupees. \r\n(2) Where an Executive Officer executes a contract on behalf of a Board under sub‑section (1), \r\nhe shall submit a report of his action and of the reasons therefor to the Board at its next meeting. \r\n \r\n115. Contracts improperly executed not to be binding on a Board.  If any contract is \r\nexecuted by or on behalf of a 1[Board] otherwise than in conformity with the provisions of this Chapter, \r\nit shall not be binding on the 1[Board]. \r\n                                                              _____ \r\n \r\nCHAPTER VIII. \r\nDUTIES AND DISCRETIONARY FUNCTIONS OF 1[BOARDS]. \r\n116. 2[Functions] of Board. 2[Subject to any fee or charge payable under this Act, it] shall be \r\nthe duty of every 1[Board], so far as the funds at its disposal permit, to make reasonable provision \r\nwithin the cantonment for__ \r\n(a) lighting streets and other public places ; \r\n(b) watering streets and other public places ; \r\n(c) cleansing streets, public places and drains, aba ting nuisances and removing \r\nnoxious vegetation ; \r\n(d) regulating offensive, dangerous or obnoxious trades, callings and practices ; \r\n(e) removing, on the ground of public safety, health or convenience, undesirable \r\nobstructions and projections in streets and other public places ; \r\n(f) securing or removing dangerous buildings and places ; \r\n(g) acquiring, maintaining, changing and regulating places for the disposal of the \r\ndead ; \r\n(h) constructing, altering and maintaining streets, culverts, markets, \r\nslaughter‑houses, latrines, privies, urinals, drains, drainage works and sewerage \r\nworks ; \r\n \r\n \r\n \r\n1Subs. omitted and ins. by Act No. XXIV of 1936, ss. 69 and 36. \r\n5Subs. by Act No. XLVII of 2023, s.43. \r\n \r\n \r\nPage 69 of 137 \r\n \r\n(i) planting and maintaining trees on roadsides and other public places ; \r\n(j) providing or arranging for a sufficient supply of pure and wholesome water, \r\nwhere such supply does not exist, guarding from pollution water used for human \r\nconsumption, and preventing polluted water from being so used ; \r\n(k) registering births and deaths ; \r\n(l) establishing and maintaining a system of public vaccination ; \r\n(m) establishing and maintaining or supporting public hospitals and dispensaries, \r\nand providing public medical relief ; \r\n(n) establishing and maintaining 1[or assisting] primary schools ; \r\n(o) rendering assistance in extinguishing fires, and protecting life and property \r\nwhen fires occur; \r\n(p) maintaining and developing the value of property vested in, or entrusted to the \r\nmanagement of, the 1[Board] ; 2[*] \r\n(q) fulfilling any other obligation imposed upon it by or under this Act or any other \r\nlaw for the time being in force 2[;] \r\n2[(r)  exercise control over land-use and connected matters in the  manner as may be \r\nprescribed; \r\n(s) enforce building control as may be prescribed; \r\n(t) regulate in the prescribed manner different schemes and matters connected \r\nthereto; \r\n(u) lease and rent out properties vested in, managed or maintained by the Board in \r\nthe prescribed manner; \r\n(v) undertake in the prescribed manner landscape, parks, monuments and municipal \r\nornamentation; \r\n(w) approve in the prescribed manner such taxes and fees etc. as set out in Schedule \r\nVII; \r\n(x) collect in the prescribed manner approved taxes, fees, rates, rents, tolls, charges, \r\nfines and penalties; and \r\n(y) any other matter for carrying out the purposes of this Act.] \r\n \r\n \r\n1Ins. and subs. by Act No. XXIV of 1936, ss. 37 and 69. \r\n2Omitted, Subs. and added by Act No. XLVII of 2023, s.43. \r\n  \r\n \r\nPage 70 of 137 \r\n \r\n1[116A. Power to manage property.  A 2[Board] may, subject to any conditions imposed by \r\nthe 3[Federal Government], manage any property entrusted to its management by the 3[Federal \r\nGovernment] on such terms as to the sharing of rents and profits accruing from such property as may \r\nbe determined by rule made under section 280.]. \r\n4[117. Discretionary functions of Board.__ (1)] A 2[Board] may, within the cantonment, make \r\nprovision for__ \r\n(a) laying out in areas, whether previously built upon or not, new streets, and \r\nacquiring land for that purpose and for the construction of buildings, and \r\ncompounds of buildings, to abut on such streets ; \r\n(b) constructing, establishing or maintaining public parks, gardens, offices, dairies, \r\nbathing or washing places, drinking fountains, tanks, wells and other works of \r\npublic utility ; \r\n(c) reclaiming unhealthy localities ; \r\n(d) furthering educational objects by measures other than the establishment and \r\nmaintenance of primary schools ; \r\n(e) taking a census and granting rewards for information which may tend to secure \r\nthe correct registration of vital statistics ; \r\n(f) making a survey ; \r\n(g) giving relief on the occurrence of local epidemics by the establishm ent or \r\nmaintenance of relief works or otherwise ; \r\n(h) securing or assisting to secure suitable places for the carrying on of any \r\noffensive, dangerous or obnoxious trade, calling or occupation ; \r\n(i) establishing and maintaining a farm or other place for the disposal of sewage ; \r\n(j) constructing, subsidising or guaranteeing tramways or other means of \r\nlocomotion, and electric lighting or electric power works ; 4[or] \r\n(k) adopting any measure, other than a measure specified in section 116 or in the \r\nforegoing pro visions of this section, likely to promote the safety, health or \r\nconvenience of the inhabitants of the cantonment ; 4[*] \r\n4[* * * * * * *] \r\n \r\n \r\n \r\n1Ins. by Act No. VII of 1925, s. 6. \r\n2Subs. by Act No. XXIV of 1936, s. 69. \r\n3Subs. by the Federal Adaptation of Laws Orders, 1975  (P.O No. 4 of 1975), Art. 2 and Table.  \r\n4Re­numbered, added and omitted by Act No. XV of 1942, s. 9. \r\n  \r\n \r\nPage 71 of 137 \r\n \r\n1[(2) A Board may, either within or outside the cantonment make provision for the doing of \r\nanything on which expenditure is declared by the 2[Federal Government], or by the Board with the \r\nsanction of the 2[Federal Government], to be an appropriate charge on the cantonment fund.] \r\n \r\n3[117A. Power of expenditure for educational purposes outside the cantonment.  A \r\n4[Board] may make provision for educational objects outside the cantonment if it is satisfied that the \r\ninterests of the residents of the cantonment will be served thereby.] \r\n \r\n________ \r\n \r\nCHAPTER IX. \r\nPUBLIC SAFETY AND SUPPRESSION OF NUISANCES. \r\n \r\nGeneral Nuisances. \r\n118. Penalty for causing nuisances. (1) Whoever__ \r\n(a) in any street or other public place within a cantonment,__ \r\n(i) is drunk and disorderly or drunk and incapable of taking care of himself \r\n; or \r\n(ii) uses any threatening, abusive or insulting words, or behaves in a \r\nthreatening or insulting manner with intent to provoke a breach of the \r\npeace, or whereby a breach of the peace is likely to be occasioned ; or \r\n(iii) eases himself, or wilfully or indecently exposes his person ; or \r\n(iv) loiters, or begs importunately, for alms ; or \r\n(v) exposes or exhibits, with the object of exciting charity, any deformity or \r\ndisease or any offensive sore or wound ; or \r\n(vi) carries meat exposed to public view ; or \r\n(vii) is found gaming ; or \r\n(viii) pickets animals, or collects carts ; or \r\n(ix) being engaged in the removal of night‑soil or other offensive matter or \r\nrubbish, wilfully or negligently permits any portion thereof to spill or \r\nfall, or neglects to sweep away or  otherwise effectually to remove any \r\nportion thereof which may spill or fall in such street or place ; or \r\n(x) without proper authority affixes upon any building, monument, post, \r\nwall, fence, tree or other thing, any bill, notice or other document ; or \r\n(xi) without proper authority defaces or writes upon or otherwise marks any \r\nbuilding, monument, post, wall, fence, tree or other thing ; or \r\n \r\n \r\n1Added by Act No. XV of 1942, s.9. \r\n2Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.  \r\n3Ins. by Act No. XXXV of 1926, s. 8. \r\n4Subs. by Act No. XXIV of 1936, s. 69. \r\n \r\n \r\nPage 72 of 137 \r\n \r\n(xii) without proper authority removes, destroys, defaces or otherwise \r\nobliterates any notice or other document put up or exhibited under this \r\nAct ; or \r\n(xiii) without proper authority displaces, damages, or makes any alteration in, \r\nor otherwise interferes with, the pavement, gutter, storm water‑drain, \r\nflags or other materials of any such str eet, or any lamp, bracket, \r\ndirection‑post, hydrant or water-pipe maintained by the 1[Board] in any \r\nsuch street or public place, or extinguishes a public light ; or \r\n(xiv) carries any corpse not decently covered or without taking due \r\nprecautions to prevent risk of infection or injury to the public health or \r\nannoyance to passers  by or to persons dwelling in the neighbourhood;  \r\nor \r\n(xv) carries night‑soil or other offensive matter or rubbish at any hour \r\nprohibited by the 1[Board] by public notice, or in any pattern of cart or \r\nreceptacle which has not been approved for the purpose by the 1[Board], \r\nor fails to close such cart or receptacle when in use; or \r\n(b) carries night‑soil or other offensive matter or rubbish along any r oute in \r\ncontravention of any prohibition made in this behalf by the 1[Board] by public \r\nnotice ; or \r\n(c) deposits, or causes or permits to be deposited, earth or materials of any \r\ndescription, or any offensive matter or rubbish, in any place not intended for the \r\npurpose in any street or other public place or waste or unoccupied land under \r\nthe management of the 1[Board] ;  or \r\n(d) having charge of a corpse fails to bury, burn or otherwise lawfully dispose of \r\nthe same within twenty­four hours after death ; or \r\n(e) makes any grave or buries or burns any corpse in any place not set apart for such \r\npurpose ; or \r\n(f) keeps or uses, or knowingly permits to be kept or used, any place as a common \r\ngaming house, or assists in conducting the business of any common gaming \r\nhouse ; or \r\n(g) at any time or place at which the same has been prohibited by the 1[Board] by \r\npublic or special notice, beats a drum or tom‑tom, or blows a horn or trumpet, \r\nor beats any utensil, or sounds any brass or other instrument, or plays any music \r\n; or \r\n(h) disturbs the public peace or order by singing, screaming or shouting ; or \r\n(i) lets loose any animal so as to cause, or negligently allows any animal to cause, \r\ninjury, danger, alarm or annoyance to any person ; or \r\n \r\n1Subs. by Act No. XXIV of 1936, s. 69. \r\n \r\n \r\nPage 73 of 137 \r\n \r\n(j) being the occupier of any building or land in or upon which an animal dies, \r\nneglects within three hours of the death of the animal, or, if the death occurs at \r\nnight, within three hours after sunrise, either__ \r\n \r\n(i) to report the occurrence to the Executive Officer or to an officer, if any, \r\nappointed by him in this behalf with a view to securing the removal and \r\ndisposal of the carcase by the public conservancy establishment ; or \r\n(ii) to remove and dispose of the carcase in  accordance with any general \r\ndirections given by the 1[Board] by public notice or any special \r\ndirections given by the Executive Officer on receipt of such report as \r\naforesaid ; or \r\n(k) save with the written permission of the 1[Board] and in such manner as i t may \r\nauthorise, stores or use night‑soil, manure, rubbish or any other substance \r\nemitting an offensive smell ; or \r\n(l) uses or permits to be used as a latrine any place not intended for that purpose ;  \r\nshall be punishable with fine which may extend to 2[five thousand] rupees. \r\n(2) Whoever does not take reasonable means to prevent any child under the age of twelve years \r\nbeing in his charge from easing himself in any street or other public place within the cantonment shall \r\nbe punishable with fine which may extend to 2[five thousand] rupees. \r\n(3) The owner or keeper of any animal found picketed or straying without a keeper in a street \r\nor other public place in a cantonment shall be punishable with fine which may extend to 2[five \r\nthousand] rupees. \r\n(4) Any animal found picketed as aforesaid may be removed by any officer or servant of the  \r\n1[Board] or by any police officer to a pound as if the animal had been found straying. \r\nDogs. \r\n119. Registration and control of dogs. (1) A 1[Board] may make bye‑laws to provide for the \r\nregistration of all dogs kept within the cantonment. \r\n(2) Such bye‑laws shall__ \r\n(a) require the registration, by the Officer Commanding each military unit, of all \r\ndogs kept in the lines occupied by that unit ; \r\n(b) require that every registered dog shall wear a collar to which shall be attached \r\na metal token to be issued by the registration authority, and fix the fee payable \r\nfor the issue thereof ; \r\n(c) require that any dog which has not been registered or which is not wearing such \r\ntoken shall, if found in any public place, be detained at a place set apart for the \r\npurpose ; and \r\n \r\n1Subs. by Act No. XXIV of 1936, s. 69. \r\n2Subs. by Act No. XLVII of 2023, s.44. \r\n \r\nPage 74 of 137 \r\n \r\n(d) fix the fee which shall be charged for such detention and provide that any such \r\ndog shall be liable to be destroyed or otherwise disposed of unless it is claimed \r\nand the fee in respect thereof is paid within one week ; \r\nand may provide for such other matters as the 1[Board] thinks fit. \r\n(3) A 1[Board] may__ \r\n(a) cause to be destroyed, or to be confined for such period as 2[it] may direct, any \r\ndog or other animal which is, or is reasonably suspected to be , suffering from \r\nrabies, or which has been bitten by any dog or other animal suffering or \r\nsuspected to be suffering from rabies ; \r\n(b) by public notice direct that, after such date as may be specified in the notice, \r\ndogs which are without collars or without marks distinguishing them as private \r\nproperty and are found straying on the streets or beyond the enclosures of  the \r\nhouses of their owners, if any, may be destroyed, and cause them to be destroyed \r\naccordingly. \r\n(4) No damages shall be payable in respect of any dog or other animal destroyed or otherwise \r\ndisposed of under this section. \r\n(5) Whoever being the owner or p erson in charge of any dog, neglects to restrain it so that it \r\nshall not be at large in any street without being muzzled and without being secured by a chain lead in \r\nany case in which__ \r\n(a) he knows that the dog is likely to annoy or intimidate any person, or \r\n(b) the 1[Board] has, by public notice during the prevalence of rabies, directed that \r\ndogs shall not be at large without muzzles and chain leads, \r\nshall be punishable with fine which may extend to 3[five thousand] rupees. \r\n(6) Whoever in a cantonment__ \r\n(a) allows any ferocious dog which belongs to him or is in his charge to be at large \r\nwithout being muzzled, or \r\n(b) sets on or urges any dog or other animal to attack, worry or intimidate any \r\nperson, or \r\n(c) knowing or having reason to believe that any dog or animal belonging to him or \r\nin his charge has been bitten by an animal suffering or reasonably suspected to \r\nbe suffering from rabies, neglects to give immediate information of the fact to \r\nthe Executive Officer or gives information which is false, \r\nshall be punishable with fine which may extend to two hundred rupees. \r\n \r\n1Subs. by Act No. XXIV of 1936, s. 69. \r\n2Subs. by the Repealing and Amending Act No. XXXIV of 1939, s. 2, and 1st Sch. \r\n3Subs. by Act No. XLVII of 2023, s.45. \r\n \r\n \r\nPage 75 of 137 \r\n \r\nTraffic. \r\n120. Rule of the road. Whoever in driving, leading or propelling a vehicle along a street fails, \r\nexcept in a case of actual necessity, __ \r\n(a) to keep to the left when passing a vehicle coming from the opposite direction, \r\nor \r\n(b) to keep to the right when passing a vehicle going in the same direction as \r\nhimself,  \r\nshall be punishable with fine which may extend to 1[five thousand] rupees. \r\nPrevention of fire, etc. \r\n121. Use of inflammable materials for building purposes . (1) A 2[Board] may, by public \r\nnotice, direct that within such limits in the cantonment as may be specified in the notice, the roofs and \r\nexternal walls of huts or other buildings shall not, without the permission in writing of the 2[Board], \r\nbe made or renewed of grass, m ats, leaves or other inflammable materials, and may, by notice in \r\nwriting, require any person who has disobeyed any such direction as aforesaid to remove or alter the \r\nroofs or walls so made or renewed. \r\n(2) A 2[Board] may, by notice in writing, require the owner of any building in the cantonment \r\nwhich has an external roof or wall made of any such material as aforesaid to remove such roof or wall \r\nwithin such time as  may be specified in the notice, notwithstanding that a public notice under \r\nsub‑section (1) has not been issued or that such roof or wall was made with the consent of the 2[Board] \r\nor before the issue of such public notice: \r\nProvided that, in the case of any such roof or wall in existence before the issue of such a public \r\nnotice or made with the conse nt of the 2[Board], that Authority shall make compensation, not \r\nexceeding the original cost of constructing the roof or wall, for any damage caused by the removal. \r\n122. Stacking or collecting inflammable materials.  A 2[Board] may, by public notice, \r\nprohibit in any case where such prohibition appears to it to be necessary for the prevention of danger \r\nto life or property, the stacking or collecting of wood, dry grass, straw or other inflammable materials, \r\nor the placing of mats or thatched huts or the lighting of fires in any place in the cantonment, or within \r\nany limits therein, which may be specified in the notice. \r\n123. Care of naked lights.  No person shall set a naked light on or near any building in any \r\nstreet or other public place in a cantonment in such manner as to cause danger of fire: \r\nProvided that nothing in this section shall be deemed to prohibit the use, subject to the \r\npermission in writing of the 2[Board], of lights for purposes of illumination on the occasion of a festival \r\nor public or private entertainment. \r\n \r\n \r\n1Subs. by Act No. XLVII of 2023, s.46. \r\n2Subs. by Act No. XXIV of 1936, s. 69. \r\n  \r\n \r\nPage 76 of 137 \r\n \r\n124. Regulation of cinematographic and dramatic performances.  (1) Notwithstanding  \r\nanything contained in the 1[Motion Picture s Ordinance, 1979  (XLIII of 1979)], no exhibition of \r\npictures or other optical effects by means of a cinematograph or other like apparatus for the purpose \r\nof which inflammable films are used, and no public dramatic performance or pantomime, shall be \r\ngiven i n any cantonment elsewhere than in premises for which a licence has been granted by the \r\n2[Board] under this section. \r\n(2) If the owner of a cinematograph or other apparatus uses the apparatus or allows it to be \r\nused, or if any person takes any part in any p ublic dramatic performance or pantomime, in \r\ncontravention of the provisions of this section, or if the occupier of any premises allows them to be \r\nused in contravention of the provisions of this section or of any condition of any licence granted under \r\nthis section, he shall be punishable with fine which may extend to 3[ten thousand] rupees, and, in the \r\ncase of a continuing offence, with an additional fine which may extend to 3[two thousand] rupees for \r\neach day after the first during which the offence continu es 3[and if it continues more than seven days \r\nthen his cinematograph or other apparatus shall be liable to sealing]. \r\n(3) Nothing in this section shall be deemed to prohibit the giving of any exhibition or any \r\ndramatic performance or pantomime in any theatr e or institute which is the property of 4[the \r\nGovernment] where the exhibition, performance or pantomime is held with the permission and under \r\nthe control of the military authorities. \r\n125. Discharging fireworks, fire­arms, etc. Whoever in a cantonment discharges any fire‑arm \r\nor lets off fireworks or fire‑balloons, or engages in any game in such manner as to cause or to be likely \r\nto cause danger to persons passing by or dwelling or working in the neighbourhood or risk of injury to \r\nproperty shall be liable to fine which may extend to 3[ten thousand] rupees. \r\n126. Power to require buildings, wells, etc., to be rendered safe. Where in a cantonment any \r\nbuilding, or wall, or any  thing affixed thereto, or any well, tank, reservoir, pool, depression, or \r\nexcavation, or any bank or tree, is, in the opinion of the 2[Board] 5[in a ruinous state or], for want of \r\nsufficient repairs, protection or enclosure 5[a nuisance or], dangerous to persons passing by or dwelling \r\nor working in the neighbourhood the 2[Board] 6[by notice in writing may], require the owner  2[or \r\npart‑owner or person claiming to be the owner or part‑owner thereof, or, failing any of them, the  \r\noccupier] 6[thereof to remove the same, or may require him to repair], 2[or to protect or to enclose] the \r\nsame in such manner as it thinks necessary ; and, if the danger is, in the opinion of the 2[Board], \r\nimminent, it shall forthwith take such steps as it thinks necessary to avert the same. \r\n127. Enclosure of waste land used for improper purposes.  A 2[Board] may, by notice in \r\nwriting, require the owner or part‑owner, or person claiming to be the owner or part‑owner, of any \r\nbuilding or land in the cantonment, or the lessee or the person claiming to be the lessee of any such  \r\nland, which, by reason of disuse or disputed ownership or other cause, has remained unoccupied and \r\nhas become the resort of idle and disorderly persons or of persons who have no ostensible means of \r\nsubsistence or canno t give a satisfactory account of themselves, or is used for gaming or immoral \r\npurposes, or otherwise occasions or is likely to occasion a nuisance, to secure and enclose the same \r\nwithin such time as may be specified in the notice. \r\n \r\n1Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (Ordinance No. XXVIII of 1981), s. 3, and Sch. II.  \r\n2Subs. and ins.by Act No. XXIV of 1936, ss. 69 and 38. \r\n3Subs. and Ins. by Act No. XLVII of 2023, ss.47and 48. \r\n4Subs. by A.O., 1961, Art. 2 (with effect from the 23rd March, 1956). \r\n5Ins. by Act No. VII of 1925, s.7. \r\n6Subs. by Act No. VIII of 1944, s. 6. \r\n \r\nPage 77 of 137 \r\n \r\nCHAPTER X. \r\nSANITATION AND THE PREVENTION AND TREATMENT OF DISEASE. \r\n \r\nSanitary Authorities. \r\n128. Responsibility for sanitation. The following officers shall, for the purposes of sanitation, \r\nhave control over, and be responsible for maintaining in a sanitary condition, those parts of a \r\ncantonment, respectively, which are specified in the case of each, that is to say :__ \r\n(a) the 1[Officer Commanding the station]  __all buildings and lands which are \r\noccupied or used for military purposes ; \r\n(b) the Officer Commanding the air forces in the cantonment __ all buildings and \r\nlands which are occupied or used for air-force purposes; \r\n(c) the head of any civil department or railway administration occupying as such \r\nany part of the cantonment__ all buildings and lands in his charge as head of that \r\ndepartment or administration. \r\n129. General duties of Health Officer. (1) The Health Officer shall exercise a general sanitary \r\nsupervision over the whole cantonment, and shall submit monthly to the 2[Board] a report as to the \r\nsanitary condition of the cantonment, together with such recommendations in connection therewith as \r\nhe thinks fit. \r\n(2) The Assistant Health Officer shall perform such duties in connection with the sanitation of \r\nthe cantonment as are, subject to the control of the 2[Board], allotted to him by the Health Officer. \r\nConservancy and Sanitation. \r\n130. Public latrines, urinals, and conservancy establishments. All public latrines and urinals \r\nprovided or maintained by a 2[Board] shall be so constructed as to provide separate compartments for \r\neach sex and not to be a nuisance, and shall be provided with all necessary conservancy establishments, \r\nand shall regularly be cleansed and kept in proper order. \r\n131. Power of Board  to undertake private conservancy arrangements.  (1) on the \r\napplication or with the consent of the occupier of any building or land, or, where the occupier of any \r\nbuilding or land fails to make arrangements to the satisfaction of the 2[Board] for the matters referred \r\nto in this section, without such consent, and after giving notice in writing to the occupier, a 2[Board] \r\nmay undertake the house scavenging of any building or land in the cantonment for such period as it \r\nthinks fit on such terms as it may prescribe in this behalf. \r\n(2) Where the 2[Board] has undertaken the duties referred to in this section, all matter removed \r\nin the performance of such duties shall be the property of 3[that Board]. \r\n(3) For the purposes of this section, “house scavenging” means the removal of filth or rubbish \r\nor other offensive matter from a privy, latrine, urinal, drain, cesspool, or other common receptacle for \r\nsuch matter. \r\n \r\n1Subs. by Act NO. VII of 1925, s. 14. \r\n2Subs. by Act NO. XXIV of 1936, s. 69. \r\n3Subs. by the Repealing and Amending Act, 1939 Act NO. XXXIV of 1939), s. 2 and 1st Sch. \r\n  \r\n \r\nPage 78 of 137 \r\n \r\n132. Deposit and disposal of rubbish, etc . (1) Every 1[Board] shall provide or appoint, in \r\nproper and convenient situations, public receptacles, depots or places for the  temporary deposit or \r\ndisposal of household rubbish, offensive matter, carcases of dead animals and sewage. \r\n(2) The 1[Board] may, by public notice, issue directions as to the time at which, the manner in \r\nwhich, and the conditions subject to which, any matter referred to in sub‑section (1) may be removed \r\nalong a street or may be deposited or otherwise disposed of. \r\n(3) All matter deposited in receptacles, depots or places provided or appointed under this \r\nsection shall be the property of the 1[Board]. \r\n133. Cess-pools, receptacles for filth, etc. The Executive Officer of any cantonment may, by \r\nnotice in writing,__ \r\n(a) require any person having the control whether as owner, lessee or occupier of \r\nany land or building in the cantonment__ \r\n(i) to close any cesspool appertaining to the land or building which is, in \r\nthe opinion of the Executive Officer, a nuisance, or \r\n(ii) to keep in a clean condition, in such manner as may be prescribed by the \r\nnotice, any receptacle for filth or sewage accumulating on the land or in \r\nthe building, or \r\n(iii) to prevent the water of any private latrine, ur inal, sink or bath‑room, or \r\nany other offensive matter, from soaking, draining or flowing, or being \r\nput, from the land or building upon any street or other public place, or \r\ninto any water­course or into any drain not intended for the purpose, or \r\n(iv) to collect and deposit for removal by the conservancy establishment of \r\nthe 1[Board], within such time and in such receptacle or place, situate at \r\nnot more than one hundred feet from the nearest boundary of the \r\npremises, as may be specified in the notice, any offensive matter or \r\nrubbish which such person has allowed to accumulate or remain under, \r\nin or on such building or land ; or \r\n(b) require any person to desist from making or altering any drain leading into a \r\npublic drain ; or \r\n(c) require any person having t he control of a drain in the cantonment to cleanse, \r\npurify, repair or alter the same, or otherwise put it in good order, within such \r\ntime as may be specified in the notice. \r\n134. Filling  up of tank, etc.  (1) Where any well, tank, cistern, reservoir, recept acle, or other \r\nplace in the cantonment where water is stored or accumulates, whether within any private enclosure or \r\nnot, is in such a condition as to create a nuisance or, in the opinion of the Health Officer, or the Assistant \r\nHealth Officer, is or is lik ely to be a breeding place for mosquitoes, the 1[Board] may, by notice in \r\nwriting, require the owner, lessee or occupier thereof, within such period as may  be specified in the \r\nnotice, to fill up or cover the well, cistern, reservoir or receptacle, or to fill up the  tank, or to drain off \r\nor remove the water, as the case may be. \r\n \r\n1Subs. by Act NO. XXIV of 1936, s. 69. \r\n \r\nPage 79 of 137 \r\n \r\n(2) The 1[Board] may, if it thinks fit, with the previous sanction of the 2[Competent Authority] meet \r\nthe whole or any portion of the expenses incurred in complying with a requisition under sub‑section (1). \r\n135. Provision of latrines, etc. A 1[Board] may, by notice in writing, require the owner or lessee \r\nof any building or land in the cantonment to provide, in such manner as may be specified in the notice, any \r\nlatrine, urinal, cesspool, dust‑bin or other receptacle for filth, sewage, or rubbish, or any additional latrine, \r\nurinal, cesspool or other receptacle as aforesaid, which should, in its opinion, be provided for the building \r\nor land. \r\n136. Sanitation in factories, etc. Every person employing, whether on behalf of the Government \r\nor otherwise, more than ten workmen or labourers, and every person managing or having control of a \r\nmarket, school, theatre or other place of public resort,  in a cantonment shall give notice of the fact to the \r\n1[Board], and shall provide such latrine, and urinals, and shall employ such number of sweepers, as the \r\n1[Board] thinks fit, and shall cause the urinals to be kept clean and in proper order: \r\nProvided that nothing in this section shall apply in the case of a factory to which the 3[Factories \r\nAct, 1934 (XXV of 1934)]. \r\n137. Private latrines. A 1[Board] may, by notice in writing,__ \r\n(a) require the owner or other person having of any private latrine or urinal in the \r\ncantonment not to put the same to public use ; or \r\n(b) where any plan for the construction of private latrines or urinals has been approved \r\nby the 1[Board], and copies thereof may be obtained free of charge on application,__ \r\n(i) require any person repairing or constructing any private latrine or urinal not \r\nto allow the same to be used until it has been inspected by  or under the \r\ndirection of the Health Officer and approved by him as conforming with \r\nsuch plan ; or \r\n(ii) require any person having control of any private latrine or urinal to re‑build \r\nor alter the same in accordance with such plan ; or \r\n(c) require the owner or other person having the control of any such private latrine or \r\nurinal which, in the opinion of the 1[Board], constitutes a nuisance, to remove the \r\nlatrine or urinal ; or \r\n(d) require any person having the control whether as owner, lessee or occupier of any \r\nland or building in the cantonment__ \r\n(i) to have any latrines provided for the same shut out by a sufficient roof and \r\nwall or  fence from the view of persons passing by or dwelling in the \r\nneighbourhood, or \r\n(ii) to cleanse in such manner as the 1[Board] may specify in the notice any \r\nlatrine or urinal belonging to the land or building ; \r\n \r\n \r\n1Subs. by Act No. XXIV of 1936, s. 69. \r\n2Subs. by Ordinance No. XLIV of 1979, s. 2. \r\n3Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981(Ordinance No. XXVII of 1981), s.3 and Sch. II.  \r\n  \r\n \r\nPage 80 of 137 \r\n \r\n(e) require any person being the owner and having the control of any drain in the \r\ncantonment to provide, within ten days from the service of the notice, such \r\ncovering as may be specified in the notice. \r\n138. Removal of congested buildings.  (1) Where it appears to a 1[Board] that any block of \r\nbuildings in the cantonment is in an unhealthy condition by reason of the manner in which the buildings \r\nare crowded together, or of the narrowness or closeness of the street, or of the want of proper drainage \r\nor ventilation, or of the impracticability of cleansing the buildings or other similar cause, it may cause \r\nthe block to be inspected by a committee consisting of__ \r\n(a) the Health Officer, \r\n(b) the Civil Surgeon of the district, or, if his services are not available, some other \r\nmedical officer 2[in the service of the State], \r\n(c) the Executive Engineer or a person deputed by the Executive Engineer in this \r\nbehalf, and \r\n2[(d)  where the cantonment is a Class I or Class II cantonment, two non‑official \r\nmembers of the Board, or where the cantonment is a Class III cantonment, one \r\nnon‑official member of the Board.] \r\n(2) The committee shall make a report in writing to the 1[Board] regarding the sanitary \r\ncondition of the block, and if it considers that the condition thereof is likely to cause risk of disease to \r\nthe inhabitants of the building or of the neighbourho od or otherwise to endanger the public health, it \r\nshall clearly indicate on a plan verified by the Executive Engineer or the person deputed by him to \r\nserve  on the committee, the buildings which should in its opinion wholly or in part be removed in \r\norder to abate the unhealthy condition of the block. \r\n(3) If, upon receipt of such report, the 1[Board] is of opinion that all or any buildings indicated \r\nshould be removed, it may, by notice in writing, require the owners thereof to remove them: \r\nProvided that the 1[Board] shall make compensation to the owners for any buildings so removed \r\nwhich may have been erected under proper authority: \r\nProvided, further, that the 1[Board] may, if it considers it equitable in the circumstances so to \r\ndo, pay to the owners such sum as it thinks fit as compensation for any buildings so removed which \r\nhave not been erected under proper authority. \r\n(4) For the purposes of this section “buildings” includes enclosure walls and fences \r\nappertaining to buildings. \r\n139. Overcrowding of dwelling houses. (1) Where it appears to a 1[Board] that any building \r\nor part of a building in the cantonment which is used as a dwelling house is so overcrowded as to \r\nendanger the health of the inmates thereof, it may, after such inquiry as it thinks fit, by notice in writing \r\nrequire the owner or occupier of the building or part thereof, as the case may be, within such time not \r\nbeing less than one month as may be specified in the notice, to abate the overcrowding of the same by \r\n \r\n1Subs. by Act No. XXIV of 1936, ss. 69 and 39. \r\n2Subs. by A.O., 1961, Art. 2 and Sch. (with effect from the 23rd March, 1956). \r\n \r\n \r\nPage 81 of 137 \r\n \r\nreducing the number of lodgers, tenants, or  other inmates to such number as may be specified in the \r\nnotice. \r\n(2) Any person who fails, without reasonable cause, to comply with a requisition made upon \r\nhim under sub‑section (1) shall be punishable with fine which may extend to 1[five hundred] rupees, \r\nand, in the case of a continuing  offence, to an additional fine w hich may extend to 1[one hundred] \r\nrupees for every day after the first during which the failure has continued. \r\n140. Power to require repair or alteration of building.  (1) Where any building in a \r\ncantonment is so ill__constructed or dilapidated as to be, in the opinion of the 2[Board], in an insanitary \r\nstate, the 2[Board] may, by notice in writing, require the owner, within such time as may be specified \r\nin the notice, to execute such repairs or to make such alterations as it thinks necessary for the purpose \r\nof removing such defects. \r\n(2) A copy of every notice issued under sub‑section (1) shall be conspicuously posted on the \r\nbuilding to which it relates. \r\n(3) A notice issued under sub‑section (1) shall be deemed to have been complied with if the \r\nowner of the building to which it relates has, instead of executing the repairs or making the alterations \r\ndirected by the notice, removed the building. \r\n141. Power to require land or building to be cleansed . (1) The Executive Officer may, by \r\nnotice in writing, require the owner, lessee or occupier of any building or land in the  cantonment, \r\nwhich appears  to him to be in a filthy or insanitary state, within twenty‑four hours to cleanse the same \r\nor otherwise put it in a proper state, in such manner as may be specified in the notice. \r\n(2) If, within three months from the date of the service of a notice under sub‑section (1), any \r\nbuilding or land in respect of which the notice was issued is again in a filthy or ins anitary state, the \r\nowner, lessee or occupier, as the case may be, shall be punishable with fine which may extend to 1[five \r\nthousand] rupees. \r\n142. Power to order disuse of house.  If a 2[Board] is satisfied that any building or part of a \r\nbuilding in the cant onment which is intended for or used as a dwelling place is unfit for human \r\nhabitation, it may cause a notice to be posted on some conspicuous part of the building prohibiting the \r\nowner or occupier thereof from using the building or room for human  habitation, or allowing it to be \r\nso used, until it has been rendered fit for such use to the satisfaction of the 2[Board]. \r\n143. Removal of noxious vegetation. A 2[Board] may, by notice in writing, require the owner, \r\nlessee, or occupier of any land in the cantonmen t to clear away and remove any thick or noxious \r\nvegetation or undergrowth which appears to it to be injurious to health or offensive to persons residing \r\nin the neighbourhood. \r\n144. Agriculture and Irrigation.  Where, in the opinion of a 2[Board], the cultivation in the \r\ncantonment of any description of crop or the use therein of any kind of manure or the irrigation of any \r\nland therein in any specified manner is likely to be injurious to the health of persons dwelling in the \r\nneighbourhood, the 2[Board] may, by public notice, prohibit such cultivation, use or irrigation after such \r\n \r\n1Subs. by Act No. XLVII of 2023, ss.49 and 50. \r\n2Subs. by Act No.  XXIV of 1936, s. 69. \r\n  \r\n \r\nPage 82 of 137 \r\n \r\ndate as may be specified in the notice, or may, by a like notice, direct that it shall be carried out subject \r\nto such conditions as the 1[Board] thinks fit: \r\nProvided that if, when a notice is issued under this section, any land to which it relates has been \r\nlawfully prepared for cultivation or any crop is sown therein or is standing thereon, the 1[Board] shall, \r\nif it directs that the notice is to take effect on a date earlier than that by which the crop would ordinarily \r\nbe sown or reaped, as the case may be, make compensation to all persons interested in the land or crop \r\nfor the loss, if any, incurred  by them respectively by reason of compliance with the notice. \r\nBurial and Burning Grounds. \r\n145. Power to call for information regarding burial and burning grounds. A 1[Board] may,  \r\nby notice in writing, require the owner or person in charge of any burial or burning ground in the \r\ncantonment to supply such information as may be specified in the notice concerning the condition, \r\nmanagement or position of such ground. \r\n146. Permission for us e of new burial or burning ground.  (1) No place in a cantonment \r\nwhich has not been used as a burial or burning ground before the commencement of this Act shall be \r\nso used without the permission in writing of the 1[Board]. \r\n(2) Such permission may be granted subject to any conditions which the 1[Board] thinks fit to \r\nimpose for the purpose of preventing annoyance to, or danger to the health of, persons residing in the \r\nneighbourhood. \r\n147. Power to require closing of burial o r burning ground . (1) Where a 1[Board], after \r\nmaking or causing to be made local inquiry, is of opinion that any burial or burning ground in the \r\ncantonment has become offensive to, or dangerous to the health of, persons living in the \r\nneighbourhood, it may, with the previous sanction of the 2[Federal Government], by notice in writing, \r\nrequire the owner or person in charge of such ground to close the same from such date as may be \r\nspecified in the notice. \r\n(2) Where the 2[Federal Government] sanctions the issue of any notice under sub‑section (1),  \r\nit shall declare the conditions on which the burial or burning ground may be re‑opened, and a copy of \r\nsuch declaration shall be annexed to the notice. \r\n(3) Where the 2[Federal Government] sanctions the issue of any such notice, it shall require a \r\nnew burial or burning ground to be provided at the expense of the cantonment fund, or, if the \r\ncommunity concerned is willing to provide a new burial or burning ground, the 2[Federal Government] \r\nshall require a grant to be made from the cantonment fund towards the cost of the same. \r\n(4) No corpse shall be buried or burnt in any burial or burning ground in respect of which a \r\nnotice issued under this section is for the time being in force. \r\n148. Exemption from operation of sections 145 to 147. The provisions of sections 145, 146 \r\nand 147 shall not apply in the case of any burial ground which is for the time being managed by or on \r\nbehalf of the Government. \r\n149. Removal of corpses. A 1[Board] may, by public notice, prescribe routes in the cantonment \r\nby which alone corpses may be removed to burial or burning grounds. \r\n1Subs. by Act No. XXIV of 1936, s. 69. \r\n2Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.  \r\n  \r\n \r\nPage 83 of 137 \r\n \r\nPrevention of Infectious or Contagious Diseases. \r\n150. Obligation to give information of infectious or contagious diseases.  1[Any person], \r\nbeing in charge of, or in attendance, whether as a medical practitioner or otherwise, upon any person \r\nin a cantonment whom he knows or has reason to believe to be suffering from a contagious or infectious \r\ndisease, or being the owner, lessee or occupier of any building in a cantonment in which he knows that \r\nany such person is so suffering, shall, if he fails to give information, or if he gives false information, \r\nto the 2[Board] respecting the existence of such disease, be punishable with fine which may extend to \r\n3[five thousand] rupees: \r\nProvided that no person shall be punishable under this section for failure to give information if \r\nhe had reasonable cause to believe that the information had already been duly given: \r\nProvided, further, that this section shall not apply in the case of venereal disease where the  \r\nperson suffering therefrom is under specific and adequate medical treatment and is, by reason of his \r\nhabits and conditions of life and residence, unlikely to spread the disease. \r\n151. Special measures in case of outbreak of infectious  or epidemic diseases. (1) In the \r\nevent of a cantonment being visited or threatened by an outbreak of any infectious or contagious \r\ndisease among the inhabitants thereof or of any epidemic disease among any animals  therein, the  \r\n4[Competent Authority], if he thinks that the provisions of this Act or of any law for the time being in \r\nforce in the cantonment are insufficient for the purpose, may, with the previous sanction of the \r\n5[Federal Government],__ \r\n(a) take such special measures, and \r\n(b) by public notice, make such temporary regulations to be observed by the public \r\nor by any class or section of the public, \r\nas he thinks necessary to prevent the outbreak or the spread of the disease: \r\nProvided that, where in the  opinion of the 4[Competent Authority] immediate measures are \r\nnecessary, he may take action without such sanction as aforesaid and, if he does so, shall forthwith \r\nreport such action to the 5[Federal Government]. \r\n(2) Whoever commits a breach of any temporar y regulation made under sub‑section (1) shall \r\nbe deemed to have committed an offence under section 188 of the Pakistan Penal Code (XLV of 1860). \r\n152. Power to require names of dairyman’s customers. Where it is certified to the Executive \r\nOfficer by a medical practitioner that the outbreak or spread of any infectious or contagious disease  in \r\nthe cantonment is, in the opinion of such medical practitioner, attributable to the milk supplied by any \r\ndairyman, the Executive Officer may, by notice in writing, requi re the dairyman, within such time as \r\nmay be specified in the notice, to furnish him with a full and complete list of the names and addresses \r\nof all his customers within the cantonment, or to give him such information as will enable him to trace \r\nthe persons to whom the dairyman has sold milk. \r\n \r\n1Subs. by the Repealing and Amending Act, 1930 (Act No. VIII of 1930), s. 2 and 1st Sch. \r\n2Subs. by Act No. XXIV of 1936, s. 69. \r\n3Subs. by Act No. XLVII of 2023, s.51. \r\n4Subs. by Ordinance No. XLIV of 1979, s.2. \r\n5Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.  \r\n  \r\n \r\nPage 84 of 137 \r\n \r\n153. Power to require names of a washerman’s customers.  Where it is certified to the \r\nExecutive Officer by the Health Officer that it is desirable , with a view to prevent the spread of any \r\ninfectious or contagious disease in the cantonment, that the Health Officer should be furnished with a \r\nlist of the customers of any washerman, the Executive Officer may, by notice in writing, require the \r\nwasherman, within a time to be specified in the notice, to furnish the Health Officer with a full and \r\ncomplete list of the names and addresses of all owners within the cantonment of clothes and other \r\narticles which the washerman washes or has washed during the six weeks immediately preceding the \r\ndate of the notice. \r\n154. Report after inspection of dairy or washerman’s place of business.  Where, after \r\ninspection, the Health Officer is of opinion that any infectious or contagious disease is caused or is \r\nlikely to arise in the cantonment from the consumption of the milk supplied from a dairy or from the \r\nwashing of clothes or other articles i n any place, or from any process employed by a washerman, he \r\nshall report the matter to the Executive Officer. \r\n155. Action on report submitted by Health Officer.  Upon receipt of a report submitted by \r\nthe Health Officer under section 154, the Executive Officer may, by notice in writing,__ \r\n(a) prohibit the supply of milk from the dairy until the notice has been \r\nwithdrawn ; or \r\n(b) prohibit the washerman from washing clothes or other articles in any \r\nsuch place or by any such process as aforesaid until the notice has been \r\nwithdrawn or unless he uses such place in such manner, or washes by \r\nsuch process, as the Executive Officer may direct in the notice. \r\n156. Examination of milk or washed clothes. The Health Officer may take possession of any \r\nmilk, clothes or other  articles which are or have recently been in the  possession of any dairyman on \r\nwhom a notice has been served under section 152, or of any clothes or other articles which are or have \r\nrecently been in the possession of any washerman, on whom a notice has bee n served under section \r\n153, and may subject the same or cause the same to be subjected to such chemical or other process as \r\nhe may think necessary ; and the 1[Board] shall pay from the cantonment fund all the costs of the \r\nprocess and shall also pay to the owner of the milk, clothes or 2[other] articles such sum as \r\ncompensation for any loss occasioned by such process as may appear to it to be reasonable. \r\n157. Contamination of public conveyance. Whoever in a cantonment__ \r\n(a) uses a public conveyance while suffering from an infectious or contagious \r\ndisease, or \r\n(b) uses a public conveyance for the carriage of a person who is suffering from any \r\nsuch disease, or \r\n(c) uses a public conveyance for the carriage of the corpse of a person who has died \r\nfrom any such disease, \r\n \r\n1Subs. by Act No. XXIV of 1936, s. 69. \r\n2Subs. by the Repealing and Amending Act, 1930 (Act No. VIII of 1930) s. 2 and 1st Sch. \r\n \r\n  \r\n \r\nPage 85 of 137 \r\n \r\nshall be bound to take proper precautions against the communication of the disease to other persons \r\nusing or who may thereafter use the conveyance and to notify such use to the owner, driver or person \r\nin charge of the conveyance, and further to report without delay to the Executive Officer the number \r\nof the conveyance and the name of the person so notified. \r\n158. Disinfection of public conveyance. (1) Where any person suffering from, or the corpse \r\nof any person who has died from, an infectious or contagious disease has been carried in a public \r\nconveyance which ordinarily plies in a cantonment, the driver thereof shall forthwith report the fact  to \r\nthe Executive Officer who shall forthwith cause the conveyance to be disinfected if that has not already \r\nbeen done. \r\n(2) No such conveyance shall be brought again into use until the Executive Officer has granted \r\na certificate stating that it can be used without causing risk of infection. \r\n159. Penalty for failure to report. Whoever fails to make to the Executive Officer any report \r\nwhich he is required to make by section 157 or section 158, shall be punishable with fine which may \r\nextend to 1[five thousand] rupees. \r\n160. Driver of conveyance not bound to carry person suffering from infectious or \r\ncontagious disease. Notwithstanding anything contained in any law for the time being in force, no \r\nowner, driver or person in charge of a  public conveyance shall be bound to convey or to allow to be \r\nconveyed in such conveyance in or in the vicinity of a cantonment any person suffering from an \r\ninfectious or contagious disease or the corpse of any person who has died from such disease unless \r\nand until such person pays or tenders a sum sufficient to cover any loss and expense which would \r\nordinarily be incurred in disinfecting the conveyance. \r\n161. Disinfection of building or articles therein. Where a 2[Board] is, upon the advice of the \r\nHealth Officer, of opinion that the cleansing and disinfection of any building or  part of a building in \r\nthe cantonment or of any articles in any such building or part which are likely to retain infection, or \r\nthe renewal of the flooring of any such building or part of such building, would tend to prevent or \r\ncheck the spread of any infectious or contagious disease, he may, by notice in writing, require the \r\nowner or occupier to cleanse and disinfect the said building, part or articles, as the case may be, or to \r\nrenew the said flooring, within such time as may be specified in the notice: \r\nProvided that where, in the opinion of the 2[Board], the owner or occupier is from poverty or \r\nany other cause unable effectually to carry out any such requisition, the 2[Board] may, at the expense \r\nof the cantonment fund, cleanse and disinfect the building, part or articles, or, as the case may be, \r\nrenew the flooring. \r\n162. Destruction of infectious hut or shed. (1) Where the destruction of any hut or shed in a \r\ncantonment is, in the opinion of the 2[Board], necessary to prevent the spread of any infectious or \r\ncontagious disease, the 2[Board] may, by notice in writing, require the owner to destroy the hut, or \r\nshed and the materials thereof within such time as may be specified in the notice. \r\n(2) Where the President of a Board 3[* * *] is satisfied that the destruction of any hut or shed \r\nin the cantonment is immediately necessary for the purpose of preventing the spread of any infectious \r\nor contagious disease, he may order the owner or occupier of the hut or shed to destroy the same \r\nforthwith, or may himself cause it to be destroyed after giving not less than two hours' notice to the \r\nowner or occupier thereof. \r\n1Subs. by Act No. XLVII of 2023, s.52. \r\n2Subs. and omitted by Act No. XXIV of 1936, ss. 69 and 40. \r\n \r\n \r\nPage 86 of 137 \r\n \r\n(3) The 1[Board] shall pay compensation to the owner of any hut or shed destroyed under this \r\nsection. \r\n163. Temporary shelter for inmates of disinfected or destroyed building or shed.  The \r\n1[Board] shall provide free of charge temporary shelter or house accommodation for the members of \r\nany family in which an infectious or contagious disease has appeared who have been compelled to \r\nleave their dwe lling by reason of any proceedings taken under section 161 or section 162, and who \r\ndesire such shelter or accommodation as aforesaid to be provided for them. \r\n164. Disinfection of building before letting the same. (1) Where in a cantonment any building \r\nor part of a building is intended to be let in which any person has, within the six weeks immediately \r\npreceding, been suffering from an infectious or contagious disease, the person letting the building or \r\npart shall before doing so disinfect the same in such manner as the 1[Board] may, by public or special \r\nnotice, direct, together with all articles therein liable to retain infection. \r\n(2) For the purposes of this section, the keeper of a hotel, lodging house or sarai shall be deemed \r\nto let to any person who is admitted as a guest therein that part of the building in which such person is \r\npermitted to reside. \r\n165. Disposal of infected article without disinfection.  No person shall, without previous \r\ndisinfection of the same, give, lend, sell, transmit or otherwise dispose of to another person any article \r\nor thing which he knows or has reason to believe has been exposed to contamination by any infectious \r\nor contagious disease and is likely to be used in, or taken into, a cantonment. \r\n166. Means of disinfection. (1) Every 1[Board] shall__ \r\n(a) provide proper places with necessary attendants and apparatus for the \r\ndisinfection of conveyances, clothing, bedding or other articles which have been \r\nexposed to infection ; \r\n(b) cause conveyances, clothing or other articles brought for disinfection to be \r\ndisinfected either free of charge or on payment of such charges as it may fix. \r\n(2) A 1[Board] may notify places at which articles of clothing, bedding, conveyances or other \r\narticles which have been exposed to infection shall be washed, and, if it does so, no person shall wash \r\nany such thing at any place not so notified without having previously disinfected such thing. \r\n(3) The President of a Board 1[* * * ] may direct the destruction of any clothing, bedding or \r\nother article in the cantonment likely to retain infection, and may give such compensation as he thinks \r\nfit for any article so destroyed. \r\n167. Making or selling of food, etc., or washing clothes by infected person. Whoever, while \r\nsuffering from, or in circumstances in whic h he is likely to spread, any infectious or contagious  \r\ndisease,__ \r\n \r\n \r\n1Subs. and repealed by Act No. XXIV of 1936, ss. 69 and 41. \r\n  \r\n \r\nPage 87 of 137 \r\n \r\n(a) makes, carries or offers for sale in a cantonment or takes any part in the business \r\nof making, carrying or offering for sale therein any article of food or drink or \r\nany medicine or drug for human consumption, or any article of clothing or \r\nbedding for personal use or wear, or \r\n(b) takes any part in the business of the washing or carrying of clothes,  \r\nshall be punishable with fine which may extend to 1[five thousand] rupees. \r\n168. Power to restrict or prohibit sale of food or drink.  When a cantonment is visited or \r\nthreatened by an outbreak of any infectious or contagious disease, the 2[Board] may, by public notice, \r\nrestrict in such manner or prohibit for such period, as may be specified in the notice, the sale or \r\npreparation of any article of food or drink for human consumption specified in the notice or the sale of \r\nany flesh of any description of animals so specified. \r\n169. Control over wells, tanks, etc.  (1) If a 2[Board] is of opinion that the water in any well, \r\ntank or other place is likely, if used for drinking, to engender, or cause the spread of, any disease, it \r\nmay, __ \r\n(a) by public notice, prohibit the removal or use of such water for drinking ; \r\n(b) by notice in writing, require the owner or person having control of such well, \r\ntank or place to take such steps as may be directed by the notice to prevent the \r\npublic from having access to or using such water ; or \r\n(c) take such other steps as it may consider expedient to prevent the outbreak or \r\nspread of any such disease. \r\n(2) In the event of a cantonment or any part of a cantonment being visited or threatened by an \r\noutbreak of any infectious or contagious dis ease, the Health Officer or any person authorised by him \r\nin this behalf may, without notice and at any time, inspect and disinfect any well, tank or other place \r\nfrom which water is, or is likely to be, taken for the purposes of drinking, and may further ta ke such \r\nsteps as he thinks fit to ensure the purity of the water or to prevent the use of the same for drinking \r\npurposes. \r\n170. Disposal of infectious corpse.  Where any person has died in a cantonment from any \r\ninfectious or contagious disease, the Executive Officer may, by notice in writing,__ \r\n(a) require any person having charge of the corpse to convey the same to a \r\nmortuary, thereafter to be disposed of in accordance with law ; or \r\n(b) prohibit the removal of the corpse from the place where death occurred except \r\nfor the purpose of being buried or burned or of being conveyed to a mortuary. \r\nHospitals and Dispensaries. \r\n171. Maintenance or aiding of hospitals or dispensaries. (1) A 2[Board] may__ \r\n(a) provide and maintain either within or without the cantonment as many hospitals \r\nand dispensaries as it thinks fit ; or \r\n \r\n1Subs. by Act No. XLVII of 2023, s.53. \r\n2Subs. by Act No. XXIV of 1936, s. 69. \r\n \r\nPage 88 of 137 \r\n \r\n(b) make, upon such terms as it thinks fit to impose, a grant‑in‑aid to any hospital \r\nor dispensary 1[or veterinary hospital], whether within or without the \r\ncantonment, not maintained by it. \r\n(2) Every hospital or dispensary maintained or aided under sub‑section (1) shall have attached \r\nto it a ward or wards for the treatment of persons suffering from infectious or contagious diseases. \r\n(3) A medical officer, appointed in such manner as the 2[Federal Government] may direct, shall \r\nbe in charge of every hospital or dispensary maintained or aided under this section. \r\n172. Medical supplies, appliances, etc. (1) Every hospital or dispensary maintained or aided  \r\nunder section 171 shall be maintained in accordance with any general or special orders of the 3[Federal \r\nGovernment] 2[* * *] for the conduct of hospitals and dispensaries or in accordance with the said orders \r\nmodified in such manner as the 3[Federal Government] 3[* * *], 3[* * *] thinks fit. \r\n(2) The 1[Board] shall cause every such hospital or dispensary to be provided with all requisite \r\ndrugs, instruments, apparatus, furniture and appliances and with sufficient costs, bedding and clothing \r\nfor in‑patients. \r\n173. Free patients. At every hospital or dispensary maintained or aided under section 171, the \r\nsick poor of the cantonment and other inhabitants of the cantonment suffering from infectious or \r\ncontagious diseases, and, with the sanction of the 1[Board], any other sick persons may receive medical \r\n1[or surgical] treatment free of cost, and, if treated as in‑patients, shall be either dieted gratuitously or, \r\nif the medical officer in charge so directs, shall be granted subsistence allowance on such scale as the \r\n1[Board] may fix: \r\nProvided that the subsistence allowance shall not be less than the lowest allowance for the time \r\nbeing fixed for the subsistence of judgment debtors by the 2[Provincial Government] under section 57 \r\nof the Code of Civil Procedure, 1908 (V of 1908). \r\n174. Paying patients.  Any sick person who is ineligible to receive medical 1[or surgical] \r\ntreatment free of cost in any hospital or dispensary under section 173 may be admitted to treatment \r\ntherein upon such terms as the 1[Board] thinks fit. \r\n175. Power to order person to attend hospital or dispensary. (1) If the Health Officer or the \r\nmedical officer in charge of a hospital or dispensary maintained or aided under section 171 has reason \r\nto believe that any person living in the cantonment is suffering from an infectious or contagious \r\ndisease, he may, by notice in writing, call upon such person to attend for examination at any such \r\nhospital or dispensary at such time as may be specified in the notice and not to quit it without the \r\npermission of the medical offic er in charge ; and on the  arrival of such person at the hospital or \r\ndispensary, the medical officer in charge thereof may examine him for the purpose of satisfying himself \r\nwhether or not such person is suffering from an infectious or contagious disease: \r\nProvided that, if, having regard to the nature of the disease or the condition of the person \r\nsuffering therefrom, or the general environment and circumstances of such person, the Health Officer \r\nor medical officer, as the case may be, considers that the attendance of such person at a hospital or  \r\n \r\n1Ins. and subs.by Act No. XXIV of 1936, ss. 42, 43,44 and 69. \r\n2Subs. by A.O., 1937. \r\n3Subs. and repealed by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.  \r\n \r\n \r\nPage 89 of 137 \r\n \r\ndispensary is likely to prove unnecessary or inexpedient, he shall examine such person at such person’s \r\nown residence. \r\n(2) If any person , on examination under sub‑section (1), is found to be suffering from an \r\ninfectious or contagious disease, the Health Officer or medical officer, as the case may be, may cause \r\nhim to be detained in hospital until he is free from the infection or contagion: \r\nProvided that, if having regard to the nature of the disease or the condition o f the person \r\nsuffering therefrom, or the general environment and circumstances of such person,  he considers that \r\nthe detention of such person at a hospital or dispensary is unnecessary or inexpedient, he shall \r\ndischarge such person and take such measures o r give such directions in the matter as he thinks \r\nnecessary. \r\n176. Power to exclude from cantonment persons refusing to attend hospital or dispensary. \r\n(1) If the Health Officer or the medical officer in charge of a hospital or dispensary maintained or aided \r\nunder section 171 reports in writing to the 1[Officer Commanding the station] that any person having \r\nreceived a notice under section 175 has refused or omitted to attend at the hospital or dispensary, \r\nspecified in the notice, or that such person, having at tended the hospital or dispensary, has quitted it \r\nwithout the permission of such medical officer, or that any person has failed to comply with any \r\ndirection given to him under section 175, the 1[Officer Commanding the station] may, by order in \r\nwriting, direct such person to remove from the cantonment within twenty‑four hours and not to re‑enter \r\nit without his permission in writing. \r\n(2) No person who has under sub‑section (1) been ordered to remove from and not to re‑enter \r\na cantonment shall enter any other cantonment in 2[Pakistan] without the written permission of the \r\n1[Officer Commanding the station]. \r\nControl of Traffic for Hygienic Purposes. \r\n177. Routes for pilgrims and others. (1) A 3[Board] may provide or prescribe suitable routes \r\nfor the use of persons passing through the cantonment__ \r\n(a) on their way to or from fairs or places of pilgrimage or other places of public \r\nresort ; or \r\n(b) during times when an infectious or contagious disease is prevalent ; \r\nand may, by public notice, require such persons as aforesaid to use such routes and no others. \r\n(2) All routes provided or prescribed under sub‑section (1) shall be clearly and sufficiently \r\nindicated by the 3[Board]. \r\nSpecial Conditions regarding Essential Services. \r\n178. Conditions of service of sweepers. (1) Whoever, being a sweeper employed by a 3[Board] \r\nin the absence of a written contract authorising him so to do and without reasonable cause, resigns his \r\nemployment or absents himself from his duty, without having given one month’s notice to the 3[Board], \r\nor neglects or refuses to perform his duties, or any of them, shall be punishable with imprisonment \r\nwhich may extend to one month. \r\n1Subs. by Act No. VII of 1925, ss. 14 and 8. \r\n2Subs. by the Central Laws (Statue Reform) Ordinance, 1960 (Ordinance No. XXI of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, \r\n1955). \r\n3Subs. by Act No. XXIV of 1936, s. 69. \r\n \r\nPage 90 of 137 \r\n \r\n(2) The 1[Federal Government] may, by notification in the 2[official Gazette], direct that on and \r\nfrom such date as may be specified in the notification, the provisions of this section shall apply in the \r\ncase of any specified class of servants employed by a 3[Board] whose functions intimately concern the \r\npublic health or safety. \r\n(3) For the purpose of this section, “sweeper” i ncludes any menial servant employed by a  \r\n3[Board] in the removal or disposal of filth or rubbish. \r\n______ \r\n \r\nCHAPTER XI. \r\nCONTROL OVER BUILDINGS, STREETS, BOUNDARIES, TREES, ETC. \r\n \r\nBuildings. \r\n3[178A. Sanction for building.  No person shall erect or re‑erect a building on any land in a \r\ncantonment, except with the previous sanction of the Board, nor otherwise than in accordance with the \r\nprovisions of this Chapter and of the rules and bye‑laws made under this Act relating to th e erection \r\nand re‑erection of buildings.] \r\n4[178AA. Land use planning, layout planning, control over building plan,  etc. — (1) The \r\ncantonment   executive   officer, with   the approval of Board, may cause to be prepared a spatial plan \r\nfor land use to be followed in the cantonment which shall include, but not limited to,— \r\n(a) earmarking of zones for residential, institutional, commercial, industrial and \r\nother activities; and \r\n(b) improvement schemes for areas within the cantonment if so required. \r\n(2) The Board shall give publicity to the land use plan prepared under sub -section (1) by \r\npublishing the gist of plan in a local newspaper and by other public information means including \r\nuploading on official website: \r\nProvided that till the preparation and execution of land use plan, all the actions and decisions \r\nof the Board in view of implementation of land use plan under various policies issued by administrative \r\ndivision from time to time shall be deemed to have been validly issued under this Act.] \r\n179. Notice of new buildings . (1) Whoever intends to erect or re‑erect any building in a \r\ncantonment shall 3[apply for sanction by giving notice] in writing of his intention to the 3[Board]. \r\n(2) For the purposes of this Act, a person shall be deemed to erect or re‑erect a building who__ \r\n(a) makes any material alteration or enlargement of any building, or \r\n(b) converts into a place for human habitation any building not originally \r\nconstructed for that purpose, or \r\n \r\n \r\n1Subs. by the Federal Adaptation of Laws Orders, 1975  (P.O No. 4 of 1975), Art. 2 and Table.  \r\n2Subs. by A.O. 1937. \r\n3Subs. and ins. by Act No. XXIV of 1936, ss. 69, 45 and 46. \r\n4Ins. by Act No. XLVII of 2023, s.54. \r\n \r\nPage 91 of 137 \r\n \r\n(c) converts into more than one place for human habitation a building originally \r\nconstructed as one such place, or \r\n(d) converts two or more places of human habitation into a greater number of such \r\nplaces, or \r\n(e) converts into a stable, cattle‑shed or  cowhouse any building origin ally \r\nconstructed for human habitation, or \r\n(f) makes any alteration which there is reason to believe is likely to affect \r\nprejudicially the stability or safety of any building or the condition of any \r\nbuilding in respect of drainage, sanitation or hygiene, or \r\n(g) makes any alteration to any building which increases or diminishes the height \r\nof, or area covered by, or the cubic capacity of, the building or which reduces \r\nthe cubic capacity of any room in the building below the minimum prescribed \r\nby any bye‑law made under this Act. \r\n1[l79A. Notice and sanction of new scheme .__(1) Whoever intends to develop  or revise a \r\nscheme shall apply for sanction by giving notice in writing of his intention to the Board. \r\n(2) The Board may either refuse to sanction or may sanction it either absolutely or subject to \r\nsuch modifications or limitations as it thinks fit for the welfare of users of the scheme. \r\n(3) Every sanction for the new or revised layout plan of a scheme shall be valid for one year in \r\nline with section 183. \r\n(4) A Board, when sanctioning the erection or re -erection of a building as hereinbefore \r\nprovided, shall specify a reasonable period after t he work has commenced within which the \r\ndevelopment of layout plan is to be completed in line with section 183A. \r\n(5) In cases of illegal development of a scheme, the provisions of sections 184 and 185 shall \r\napply.] \r\n180. Conditions of valid notice. (1) A person giving the notice required by section 179 shall \r\nspecify the purpose for which it is intended to use the building to which such notice relates. \r\n(2) No notice shall be valid until the information required under sub‑section (1) and any further \r\ninformation and plans which may be required under bye‑laws made under this Act have been furnished \r\nto the satisfaction of the 2[Board] alongwith the notice. \r\n181. Power of Board to sanction or refuse.  The 2[Board] may either refuse to sanction the \r\nerection or re‑erection, as the case may be, of the building, or may sanction it either absolutely or \r\nsubject to such directions as it thinks fit to make in writing in respect of all or any of the following \r\nmatters, namely:__ \r\n \r\n \r\n1Ins. by Act No. XLVII of 2023, s.55. \r\n2Subs. by Act No. XXIV of 1936, s. 69. \r\n \r\n \r\nPage 92 of 137 \r\n \r\n(a) the free passage or way to be left in front of the building ; \r\n(b) the space to be left about the building to secure free circulation of air and \r\nfacilitate scavenging and the prevention of fire ; \r\n(c) the ventilation of the building, the minimum cubic area of the rooms and the \r\nnumber and height of the storeys of which the building may consist ; \r\n(d) the provision and position of drains, latrines, uri nals, cesspools or other \r\nreceptacles for filth ; \r\n(e) the level and width of the foundation, the level of the lowest floor and the \r\nstability of the structure ; \r\n(f) the line of frontage with neighbouring buildings if the building abuts on a street \r\n; \r\n(g) the means to be provided for egress from the building in case of fire ; \r\n(h) the materials and method of construction to be used for external and party walls \r\nfor rooms, floors, fire-places and chimneys ; \r\n(i) the height and slope of the roof above the uppermost floor upon which human \r\nbeings are to live or cooking operations are to be carried on ; and \r\n(j) any other matter affecting the ventilation and sanitation of the buildings ; \r\nand the person erecting or re ‑erecting the building shall obey all such written directions in every \r\nparticular. \r\n1[(2) The Board may refuse to sanction the erection or re‑erection of any building, either on \r\ngrounds sufficient in the opinion of the Board affecting the particular buildin g, or in pursuance of a \r\ngeneral scheme sanctioned by the  2[Competent Authority], restricting the erection or re‑erection of \r\nbuildings within specified limits for the prevention of  over‑crowding or in the interests of persons \r\nresiding within such limits or for any other public purpose. \r\n(3) The Board before sanctioning the erection or re­erection of a building on land which is \r\nunder the management of the Military Estates Officer, shall refer the application to the Military Estates \r\nOfficer for ascertaining whether there is any objection on the part of Government to such erection or \r\nre­erection ; and the Military Estates Officer shall return the application together with his report \r\nthereon to the Board within thirty days after it has been received by him. \r\n(4) The Board may refuse to sanction the erection or re­erection of any building__ \r\n(a) when the land on which it is proposed to erect or re‑erect the building is held on \r\na lease 3[from the Government], if the erection or re‑erection constitutes a \r\nbreach of the terms of the lease, or \r\n \r\n1Subs. by Act No. XXIV of 1936, s. 47. \r\n2Subs. by Ordinance No. XLIV of 1979, s. 2. \r\n3Subs. by A.O., 1961, Art. 2 (with effect from the 23rd March, 1956). \r\n \r\n \r\nPage 93 of 137 \r\n \r\n(b) when the land on which it is proposed to erect or re‑erect the building is not held \r\non a lease 1[from the Government], if the right to build on such land is in dispute \r\nbetween the person applying for sanction and the Government. \r\n(5) If the Board decides to refuse to sanction the erection or re‑erection of the building, it shall \r\ncommunicate in writing the reasons for such refusal to the person by whom notice was given. \r\n(6) Where the Board neglects or omits, for one month after the receipt of a valid notice, to make \r\nand to deliver to the person who has given the notice any order of any nature specified in this section, \r\nand such person thereafter by a written communication sent by registered post to the Board calls the \r\nattention of the Board to the neglect or o mission, then, if such neglect or omission continues for a \r\nfurther period of fifteen days from the date of such communication the Board shall be deemed to have \r\ngiven sanction to the erection or re‑erection, as the case may be, unconditionally: \r\nProvided that, in any case to which the provisions of sub‑section (3) apply, the period of one \r\nmonth herein specified shall be reckoned from the date on which the Board has received the report \r\nreferred to in that sub‑section.] \r\n182. Compensation. (1) No compensation shall be claimable by any person for any damage or \r\nloss which he may sustain in consequence of the refusal of the 2[Board] of sanction to the erection of \r\nany building or in respect of any direction issued by it under sub‑section (1) of section 181. \r\n(2) The 2[Board] shall make compensation to the owner of any building for any actual damage \r\nor loss sustained by him in consequence of the prohibition of the  re‑erection of any building or of its \r\nrequiring any land belonging to him to be added to the street: \r\nProvided that the 2[Board] shall not be liable to make any compensation in respect of the \r\nprohibition of the re‑erection of  any building which for a period of three years or more immediately \r\npreceding such refusal has not been in existence or has been unfit for human habitation. \r\n183. Lapse of sanction.  Every sanction for the erection or re‑erection of a building given or \r\ndeemed to have been given by the 2[Board] as hereinbefore provided shall be available for one year \r\nfrom the date on which it is given, and, if the building so sanctioned is not begun by the person who \r\nhas obtained the sanction or some  one lawfully claiming under him within that period, it shall not \r\nthereafter be begun 2[unless the Board on application made therefor has allowed an extensio n of that \r\nperiod.] \r\n2[183A. Period for completion of building. A Board, when sanctioning the erection or re­ \r\nerection of a building as hereinbefore provided, shall specify a reasonable period after the work has  \r\ncommenced within which the erection or re‑erec tion is to be completed, and, if the erection or \r\nre‑erection is not  completed within  the  period so fixed, it  shall not  be  continued thereafter without \r\nfresh sanction obtained in the manner hereinbefore provided, unless the Board on application made \r\ntherefor has allowed an extension of that period: \r\nProvided that not more than two such extensions shall be allowed by the Board in any case.] \r\n \r\n1Subs. by A.O., 1961, Art. 2 (with effect from the 23rd March, 1956). \r\n2Subs. and ins. by Act No. XXIV of 1936, ss. 69,48 and 49. \r\n \r\n  \r\n \r\nPage 94 of 137 \r\n \r\n184. Illegal erection and re­erection. Whoever begins, continues or completes the erection or \r\nre‑erection of a building__ \r\n(a) without having given a valid notice as required by sections 179 and 180, or \r\nbefore the building has been sanctioned or is deemed to have been sanctioned, \r\nor \r\n(b) without complying with any direction made under sub‑section (1) of section \r\n181, or \r\n(c) when sanction has been refused, or has ceased to be available, 1[or has been \r\nsuspended by the 2[Competent Authority], under clause (b) of sub‑section (1) of \r\nsection 52], \r\nshall be punishable with fine which may extend to 3[fifty thousand] rupees. \r\n185. Power to stop erection or re­erection or to demolish . 1[(1)] A 1[Board] may, at any \r\ntime, by notice in writing, d irect the owner, lessee or occupier of any land in the cantonment to stop \r\nthe erection or re‑erection of a building in any case in which the 1[Board] considers that such erection \r\nor re‑erection is an offence under section 184, and may in any such case 1[or in any other case in which \r\nthe Board considers that the erection or re‑erection of a building is an offence under section 184, 3[* * \r\n*] direct the alteration or demolition, as it thinks necessary, of the building, or any part thereof, so \r\nerected or re‑erected: \r\nProvided that the 1[Board] may, instead of requiring the alteration or demolition of any such \r\nbuilding or part thereof, accept by way of composition such sum as it thinks reasonable: \r\n1[Provided further that the Board shall not, without the prev ious concurrence of the \r\n2[Competent Authority], accept any sum by way of composition under the foregoing proviso in respect \r\nof any building on land which is not under the management of the Board.] \r\n1[(2) A Board shall by notice in writing direct the owner, lessee or occupier of any land in the \r\ncantonment to stop the erection or re‑erection of a building in any case in which the order under section \r\n181 sanctioning the erection or re‑erection has been suspended by the Officer Commanding‑in‑Chief, \r\nthe Command, under clause (b) of sub‑section (1) of section 52, and shall in  any such case in like \r\nmanner direct the demolition or alteration, as the case may be, of the building or any part thereof so \r\nerected or re‑erected where the 2[Competent  Authority], thereafter directs that  the order of the Board \r\nsanctioning the erection or re‑erection of the building shall not be carried into effect or shall be carried \r\ninto effect with modifications specified by him: \r\nProvided that the Board shall pay to the owner of the buildi ng compensation for any loss \r\nactually incurred by him in consequence of the demolition or alteration of any building which has been \r\nerected or re‑erected prior to the date on which the order of the Officer Commanding‑in‑Chief, the  \r\nCommand, has been communicated to him.] \r\n \r\n1Ins. renumbered and subs. by Act No. XXIV of 1936, ss. 50,51 and 69.  \r\n2Subs. by Ordinance No. XLIV of 1979), s. 2. \r\n3Subs. 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 \r\n1936 later on the word “within” omitted by amendment Act No. XLVII of 2023). \r\n  \r\n \r\nPage 95 of 137 \r\n \r\n1[l85A. Restrictions on use of buildings, layout plan of scheme and conversion, etc. —(1) \r\nNo person shall without written permission of the Board or otherwise than in conformity with the \r\nconditions, if any, of such permission— \r\n(a) use or permit to be used for h uman habitation any part of a building not \r\noriginally erected or authorized to be used for that purpose or not used for that \r\npurpose before any alteration has been made th erein by any work executed in \r\naccordance with the provisions of this Act; \r\n(b) change or allow change of use of any land or building; \r\n(c) convert or allow conversion of one kind of building or land or tenement to \r\nanother kind. \r\n(2) Any person seeking change of use or conversion under sub -section (l) shall pay the fee \r\nprescribed by the Board. \r\n(3) Any person who contravenes the provisions of this section shall be liable for payment of \r\nreasonable amount of fine along with penalty as may be determined by the Board.] \r\n186. Power to make bye­laws. A 2[Board] may make bye‑laws prescribing__ \r\n(a) the manner in which notice of the intention to erect or re‑erect a building in the \r\ncantonment shall be given to the 2[Board] and the information and plans to be \r\nfurnished with the notice ; \r\n(b) the type or description of buildings which may or may not, and the purpose for \r\nwhich a building may or may not, be erected or re‑erected 3[in the cantonment \r\nor any part thereof]; \r\n(c) the minimum cubic capacity of any room or rooms in a building which is to be \r\nerected or re‑erected ;2[*] \r\n(d) the fees payable on provision by the 2[Board] of plans or specifications of the \r\ntype of buildings which may be erected in the cantonment or any part thereof ; \r\n2[(e)  the circumstances in which a mosque, temple or church or other sacred building \r\nmay be erected or re‑erected ; and \r\n(f) with reference to the erection or re‑erection of buildings, or of any class of \r\nbuilding, all or any of the following matters, namely :__ \r\n(i) the line of frontage where the building abuts on a street ; \r\n(ii) the space to be left about the building to secure free circulation of air \r\nand facilities for scavenging and for the prevention of fire ; \r\n \r\n1Ins. by Act No. XLVII of 2023, s.58. \r\n2Subs. repealed and ins. by Act No. XXIV of 1936, ss. 69 and 52. \r\n3Subs. by Act No. XXXI of 1940, s. 6. \r\n \r\nPage 96 of 137 \r\n \r\n(iii) the materials and method of construction to be used for external and \r\nparty‑walls, roofs and floors ; \r\n(iv) the position, the material and the method of construction of fire‑places, \r\nchimneys, drains, latrines, privies, urinals and cesspools ; \r\n(v) height and slope of the roof above the uppermost floor upon which \r\nhuman beings are to live or cooking operations are to be carried on ; \r\n(vi) the level and width of the foundation, the level of the lowest floor and \r\nthe stability of the structure ; \r\n(vii) the number and height of the storeys of which the building may consist \r\n; \r\n(viii) the means to be provided for egress from the building in case of fire ; \r\n(ix) the safeguarding of wells from pollution ; or \r\n(x) the materials and method of construction to be used for godowns \r\nintended for the storage of food­grains in excess of fifty maunds in order \r\nto render them rat proof 1[;]] \r\n1[(g) classification and zoning of buildings; \r\n(h) regulation of Schemes; \r\n(i) conversion of plots or buildings from one use to another; \r\n(j) fee, if any, in connection with the matters covered under this Chapter, imposed \r\nunder this Act; and \r\n(k) any other matter ancillary or incidental to the matters mentioned under this \r\nChapter.] \r\n187. Projections and obstructions. (1) No owner or occupier of any building in a cantonment \r\nshall, without the permission in writing of the 2[Board], add to or place against or in front of the \r\nbuilding any projection or structure overhanging, projecting into, or encroaching on, any street or any \r\ndrain, sewer or aqueduct therein. \r\n(2) The 2[Board] may, by notice in writing, require the owner or occupier of any such building \r\nto alter or remove any such projection or encroachment as aforesaid: \r\nProvided that, in the ca se of any projection or encroachment lawfully in existence at the \r\ncommencement of this Act, the 2[Board] shall make compensation for any damage caused by the \r\nremoval or alteration. \r\n(3) The 2[Board] may, by order in writing, give permission to the owners or  occupiers of \r\nbuildings in any particular street to put up open verandahs, balconies or rooms projecting from any   \r\n1Subs. and added by Act No. XLVII of 2023, s.59. \r\n2Subs. by Act No. XXIV of 1936, s. 69. \r\n  \r\n \r\nPage 97 of 137 \r\n \r\nupper story thereof to an extent beyond the line of the plinth or basement wall at such height  from the  \r\nlevel ground or street as may be specified in the order. \r\n188. Unauthorised buildings over drains, etc. A 1[Board] may, by notice in writing, require \r\nany person who has, without its permission in writing, newly erected or re‑erected any 2[structure] \r\nover any public sewer, drain, culvert, water‑course or water‑pipe in the cantonment to pull down or \r\notherwise deal with the same as it thinks fit. \r\n189. Drainage and sewer connections. (1) A 1[Board] may, by notice in writing, require the \r\nowner or lessee of any building or land in any street, at his own expense and in such manner as the \r\n1[Board] thinks fit, to put up and keep in good condition proper troughs and pipes for receiving and \r\ncarrying rain water from the building or land and for discharging the same or to establish and maintain \r\nany other connection or communication between such building or land and any drain or sewer. \r\n(2) For the purpose of efficiently draining any building or land in the cantonment, the 1[Board] \r\nmay, by notice in writing, require the owner or lessee of the building or land__ \r\n(a) to pave, with such materials and in such manner as it thinks fit, any courtyard, \r\nalley or passage between two or more buildings, or \r\n(b) to keep any such paving in proper repair. \r\n190. Power to attach brackets for lamps.  A 1[Board] may attach to the outside of any \r\nbuilding, or to any tree in the cantonment, brackets for lamps in such manner as not to occasion injury \r\nthereto or inconvenience. \r\nStreets. \r\n191. Temporary occupation of street, land, etc. A 1[Board] may, by order in writing, permit \r\nthe temporary occupation of any street, or of any land vested in the 1[Board], for the purpose of \r\ndepositing any building materials or making any temporary excavation therein or erection thereon, \r\nsubject to such conditions as it may prescribe for the safety or convenience of the public, and may \r\ncharge a fee for such permission and may in its discretion withdraw such permission. \r\n192. Closing and opening of streets. (1) A 1[Board] shall not permanently close any street or \r\nopen any new street without the previous sanction of the 3[Director General]. \r\n(2) A 1[Board] may, by public notice, temporarily close any street or any part of a street for \r\nrepair or for the purpose of carr ying out any work connected with drainage, water‑supply or lighting \r\nor any other work which it is by or under this Act required or permitted to carry out: \r\nProvided that where, owing to any works or repairs or from any other cause, the condition of \r\nany street or of any water -works, drain, culvert or premises vested in the 1[Board], is such as to be \r\nlikely to cause danger to the public, the 1[Board] shall__ \r\n \r\n \r\n1Subs. by Act No. XXIV of 1936, s. 69. \r\n2Subs. by Act No. XXXI of 1940), s. 7. \r\n3Subs. by Act No. XLVII of 2023, s.60. \r\n  \r\n \r\nPage 98 of 137 \r\n \r\n(a) take all reasonable means for the protection of the adjacent buildings and land \r\nand provide reasonable means of access thereto ; \r\n(b) cause sufficient barriers or fences to be erected for the security of life and \r\nproperty, and cause such barriers or fences to be sufficiently lighted from sunset \r\nto sunrise. \r\n193. Names of streets and numbers of buildings.  (1) A 1[Board] may cause a name to be \r\ngiven to any street and to be affixed on any building in the cantonment in such place as it  thinks fit, \r\nand may also cause a number to be affixed to any such building.  \r\n(2) Whoever destroys, pulls down, defaces or alters any such name or number or puts up any \r\nname or number differing from that put up by the order of the 1[Board] shall be punishable with fine \r\nwhich may extend to 2[ten thousand] rupees. \r\n1[(3) When a number has been affixed to any building under sub‑section (1), the owner of the \r\nbuilding shall maintain the number in order, and shall replace it if removed or defaced, and if he fails \r\nto do so the Board may by notice in writing require him to replace it.] \r\nBoundaries and Trees. \r\n194. Boundary walls , hedges and fences.  (1) No boundary wall, hedge or fence of any \r\nmaterial or description shall be erected in a cantonment without the per mission in writing of the \r\n1[Board]. \r\n(2) A 1[Board] may, by notice in writing, require the owner or lessee of any land in the \r\ncantonment__ \r\n(a) to remove from the land any boundary wall, hedge or fence which is, in its \r\nopinion unsuitable, unsightly or otherwise objectionable ; or \r\n(b) to construct on the land sufficient boundary walls, hedges or fences of such \r\nmaterial, description or dimensions as may be specified in the notice ; or \r\n(c) to maintain the boundary walls, hedges or fences of such lands in good order: \r\nProvided that, in the case of any such boundary wall, hedge or fence which was erected with \r\nthe consent or under the orders of the 1[Board], or which was in existence at the commencement of \r\nthis Act, the 1[Board] shall make compensation for any damage caused by the removal thereof. \r\n(3) The 1[Board] may, by notice in writing, require the owner, lessee or occupier of any such \r\nland to cut or trim any hedge on the land in such manner and within such time as may be specified in \r\nthe notice. \r\n195. Felling, lopping and trimming of trees . (1) Where, in the opinion of a 1[Board], the \r\nfelling of any tree of mature growth standing in a private enclosure in the cantonment is necessary for \r\nany reason, the 1[Board] may, by notice in writing, require the owner, lessee or occupier of the land to \r\nfell the tree within such time as may be specified in the notice. \r\n \r\n1Subs. and ins. by Act No. XXIV of 1936, ss. 69 and 53. \r\n2Sus. by Act No. XLVII of 2023, s. 61. \r\n \r\nPage 99 of 137 \r\n \r\n (2) A 1[Board] may__ \r\n(a) cause to be lopped or trimmed any tree standing on land in the cantonment \r\nwhich belongs to 2[the Government] ; or \r\n(b) by public notice require all owners, lessees or occupiers of land in the \r\ncantonment, or by notice in writing require the owner, lessee or occupier of any \r\nsuch land, to lop or trim, in such manner as may be specified in the notice, all \r\nor any trees standing on such land or to remove any dead trees from such land. \r\n196. Digging of public land. Whoever, without the permission in writing of the 1[Board], digs \r\nup the surface of any open space in the cantonment, which is not private property, shall be punishable \r\nwith fine which may extend to 3[two thousand] rupees, and, in the case of a continuing offence, 4[with \r\nan additional fine] which may extend  to 3[fifty] rupees for every day after the first during which the \r\noffence continues. \r\n197. Improper use of land. (1) If, in the opinion of a 1[Board], the working of a quarry in the \r\ncantonment, or the removal of stone, earth or other material from the soil  in any place in the \r\ncantonment, is dangerous to persons residing in or frequenting the neighbourhood of such quarry or \r\nplace, or creates, or is likely to create, a nuisance, the 1[Board] may, by notice in writing, prohibit the \r\nowner, lessee or occupier of  such quarry or place or the person responsible for such 4[working] or \r\nremoval, from continuing or permitting the working of such quarry or the moving of such material, or \r\nrequire him to take such steps in the matter as the 1[Board] may direct for the purp ose of preventing \r\ndanger or abating the nuisance arising or likely to arise therefrom. \r\n(2) If, in any case referred to in sub‑section (1), the 1[Board] is of opinion that such a course is \r\nnecessary in order to prevent imminent danger, it may, by order in w riting, require a proper hoarding \r\nor fence to be put up for the protection of passers‑by. \r\n_______ \r\nCHAPTER XII. \r\nMARKETS, SLAUGHTER­HOUSES, TRADES AND OCCUPATIONS. \r\n198. Public markets and slaughter­houses. (1) A 1[Board] may provide and maintain, either \r\nwithin or without the cantonment, public markets and public slaughter‑houses, to such number as it \r\nthinks fit, together with stalls, shops, sheds, pens and other buildings or conveniences for the use of \r\npersons carrying on trade or business in or fr equenting such markets or slaughter‑houses, and may  \r\nprovide  and maintain in  any such market  buildings,  places, machines, weights,  scales and measures \r\nfor the weighment or measurement of goods sold therein. \r\n(2) When such market or slaughter‑house is situated beyond cantonment limits, the 1[Board] \r\nshall have the same power for the inspection and proper regulation of the same as if it were situated \r\nwithin those limits. \r\n(3) The 1[Board] may at any time, by public no tice, close any public market or public \r\nslaughter‑house or any part thereof. \r\n \r\n1Subs. by Act No. XXIV of 1936, s. 69. \r\n2Subs. by A.O., 1961, Art. 2 (with effect from the 23rd March, 1956). \r\n3Subs. by Act No. XLVII of 2023, s. 62. \r\n4Subs. by the Repealing and Amending Act, 1930 (Act No. VIII of 1930), s. 2 and 1st Sch. \r\n \r\nPage 100 of 137 \r\n \r\n (4) Nothing in this section shall be deemed to authorise the establishment of a public market \r\nor public slaughter‑house within the limits of any area administered by any local auth ority other than \r\nthe 1[Board] without the permission of such local authority or otherwise than on such conditions as \r\nsuch local authority may approve. \r\n199. Use of public market. (1) No person shall, without the general or special permission in \r\nwriting of the 1[Board], sell or expose for sale any animal or article in any public market. \r\n(2) Any person contravening the provisions of this section, and any animal or article exposed \r\nfor sale by such person, may be summarily removed from the market by or under the orders of the \r\nExecutive Officer or any officer or servant of the 1[Board] authorised by it in this behalf. \r\n200. Levy of stallages, rents and fees. A 1[Board] may__ \r\n(a) charge for the occupation or use of any stall, shop, standing, shed or pen in a \r\npublic market, or public slaughter‑house, or for the right to expose goods for \r\nsale in a public market, or for weighing or measuring goods sold therein, or for \r\nthe right to slaughter animals in any public slaughter‑house, such stallages, rents \r\nand fees as it thinks fit ; or \r\n(b) with the sanction of the 2[Competent Authority], farm the stallages, rents and \r\nfees leviable as aforesaid or any portion thereof for any period not exceeding \r\none year at a time ; or \r\n(c) put up to public auction, or with the sanction of the 2[Competent Authority], \r\ndispose of by private sale, the privilege of occupying or using any stall, shop, \r\nstanding, shed or pen in a public market or public slaughter‑house for such term \r\nand on such conditions as it thinks fit. \r\n201. Stallages, rents, etc., to be published. A copy of the table of stallages, rents and fees, if \r\nany, leviable in any public market or public slaughter‑house, and of the bye‑laws made under this Act \r\nfor the purpose of regulating the use of such market or slaughter‑house, printed in the English language \r\nand in such other language or languages as the 1[Board] may direct, shall be affixed in some \r\nconspicuous place in the market or slaughter‑house. \r\n202. Private markets and slaughter­houses. (1) No place in a cantonment other than a public \r\nmarket shall be used as a market, and no place in a cantonment other than a  public slaughter‑house \r\nshall be used as a slaughter­house, unless such place has been licensed as a market or slaughter­house, \r\nas the case may be, by the 1[Board]: \r\nProvided that nothing in this sub‑section shall apply in the case of a slaughter‑house established \r\nand maintained by the Government. \r\n \r\n(2) Nothing in sub‑section (1) shall be deemed__ \r\n \r\n \r\n1Subs. by Act No. XXIV of 1936, s. 69. \r\n2Subs. by Ordinance No. XLIV of 1979, s. 2.  \r\n  \r\n \r\nPage 101 of 137 \r\n \r\n(a) to restrict the slaughter of any animal in any place on the occasion of any festival \r\nor ceremony, subject to such conditions as to prior or subsequent notice as the \r\nExecutive Officer with the previous sanction of the District Magistrate may, by \r\npublic or special notice, impose in this behalf, or \r\n(b) to prevent the Executive Officer, with the sanction of the 1[Board], from setting \r\napart places for the slaughter of animals in accordance with religious custom, \r\nwhen such animals are slaughtered for consumption by the troops or for the \r\npurpose of the sale of the flesh thereof to the troops. \r\n(3) Whoever omits to comply with any condition imposed by the Executive Officer under \r\nclause (a) of sub‑section (2) shall be punishable with fine which may extend to 2[five thousand] rupees \r\nand, in the case of a continuing offence, with an additional fine which may extend to 2[one hundred] \r\nrupees for every day after the first during which the offence is continued. \r\n203. Conditions of grant of license for private market or slaughter ­house. (1) A 1[Board] \r\nmay charge such fees as it thinks fit to impose for the grant of a licence to any person to open a private \r\nmarket or private slaughter‑house in the cantonment, and may grant such licence subject to such \r\nconditions, consistent with this Act and any bye‑laws made thereunder, as it thinks fit to impose. \r\n(2) The 1[Board] may refuse to grant any such licence without giving reasons for such refusal. \r\n204. Penalty for keeping market or slaughter­house open without licence, etc . (1) Any \r\nperson who keeps open for public use any market or slaughter‑house in respect of which a licence is  \r\nrequired by or under this Act, without obtaining licence therefor, or while  the licence therefor is \r\nsuspended, or after the same has been cancelled, shall be punishable with fine which may extend to \r\n2[five thousand] rupees and, in the case of a continuing offence, with an additional fine which may \r\nextend to 2[fifty] rupees for every day after the first during which the offence is continued. \r\n(2) When a licence to open a private market or private slaughter‑house is granted or refused or \r\nis suspended or cancelled, the 1[Board] shall cause a notice of the grant, refusal, suspension or  \r\ncancellation to be posted in English, and in such other language or languages as it thinks necessary, in \r\nsome conspicuous place by or near the entrance to the place to which the notice relates. \r\n205. Penalty for using unlicensed market or slaughter­house.  Whoever, knowing that any \r\nmarket or slaughter­house has been opened to the public without a licence having been obtained \r\ntherefor when such licence is required by or under this Act, or that the licence granted therefor is for \r\nthe time being suspended or th at it has been cancelled, sells or exposes for sale any article in such \r\nmarket, or slaughters any animal in such slaughter­house, shall be punishable with fine which may \r\nextend to 2[ten thousand] rupees and, in the case of a continuing offence, with an additional fine which \r\nmay extend to 2[five thousand]  rupees for every day after the first during which the offence is \r\ncontinued. \r\n206. Prohibition and restriction of use of slaughter­house. (1) Where, in the opinion of the \r\n1[Board], it is necessary on sanitary grounds so to do, it may, by public notice, prohibit for such period, \r\nnot exceeding one month, as may be specified in the notice, or for such further period, not exceeding \r\none month, as it may specify by a like notice, the use of any private slaug hter­house specified in the \r\nnotice, or the slaughter therein of any animal of any description so specified. \r\n \r\n1Subs. by Act No. XXIV of 1936, s. 69. \r\n2Subs. by Act No. XLVII of 2023, ss. 63, 64 and 65. \r\n \r\nPage 102 of 137 \r\n \r\n(2) A copy of every notice issued under sub­section (1) shall be conspicuously posted in the \r\nslaughter­house to which it relates. \r\n207. Power to inspect slaughter­houses.  (1) Any servant of a 1[Board], authorised by order \r\nin writing in this behalf by the President of the Board 1[* *] or the Health Officer, may, if he has reason \r\nto believe that any animal has been, is being, or is about to be slaughtered in any place in contravention \r\nof the provisions of this Chapter, enter into and inspect any such place at any time, whether by day or \r\nby night. \r\n(2) Every such order shall specify the place to be entered and the locality in which the same is \r\nsituated and the period, which shall not exceed seven days, for which the order is to remain in force. \r\n \r\n208. Power to make bye­laws.  A 1[Board] may, with the approval of the 2[Federal \r\nGovernment], make bye‑laws consistent with this Act to provide for all or any of the following matters, \r\nnamely :__ \r\n(a) the days on, and the hours du ring, which any private market or private \r\nslaughter‑house may be kept open for use ; \r\n(b) the regulation of the design, ventilation and drainage of such markets and \r\nslaughter‑houses, and the material to be used in the construction thereof ; \r\n(c) the keeping of such markets and slaughter‑houses and lands and buildings \r\nappertaining thereto in a clean and sanitary condition, the removal of filth and \r\nrefuse therefrom, and the supply therein of pure water and of a sufficient number \r\nof latrines and urinals for the use of persons using or frequenting the same ; \r\n(d) the manner in which animals shall be stalled at a slaughter‑house ; \r\n(e) the manner in which animals may be slaughtered ; \r\n(f) the disposal or destruction of animals offered for slaughter which are, from \r\ndisease or any other cause, unfit for human consumption ; and \r\n(g) the destruction of carcases which from disease or any other cause are found after \r\nslaughter to be unfit for human consumption. \r\nTrades and Occupations. \r\n209. Provisions of washing places. (1) A 1[Board] may provide suitable places for the exercise \r\nby washermen of their calling, and may require payment of such fees for the use thereof as it thinks \r\nfit. \r\n(2) Where the 1[Board] has provided such places as aforesaid it may, by public notice, prohibit \r\nthe washing of clothes by washermen at any other place in the cantonment: \r\nProvided that such prohibition shall not be deemed to apply to the washing by a washerman of \r\nhis own clothes or of the clothes of any other person who is an occupier of the place at which they are \r\nwashed. \r\n1Subs. and omitted by Act No. XXIV of 1936, ss. 69 and 54. \r\n2Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.  \r\n \r\nPage 103 of 137 \r\n \r\n(3) Whoever contravenes any prohibition contained in a notice issued under sub‑section (2) shall be \r\npunishable with fine which may extend to 1[two thousand] rupees. \r\n210. Licences required for carrying on of certain occupations. (1) No person of any of the \r\nfollowing classes, namely :__ \r\n(a) butchers and vendors of poultry, game or fish ; \r\n(b) persons keeping pigs for profit, and dealers in the flesh of pigs which have been \r\nslaughtered in 2[Pakistan] ; \r\n(c) persons keeping milch cattle or milch goats for profit ; \r\n(d) persons keeping for profit any animals other than pigs, milch cattle or milch \r\ngoats ; \r\n(e) dairymen, buttermen and makers and vendors of ghee; \r\n(f) makers of bread, biscuits or cake, and vendors of bread, biscuits or cake made \r\nin 2[Pakistan]; \r\n(g) vendors of fruit or vegetables ; \r\n(h) manufacturers of aerated or other potable waters or of ice or ice‑cream, and \r\nvendors of the same ; \r\n3[(i)]  vendors of any medicines, drugs or articles of food or drink, for human \r\nconsumption (other than the flesh of pigs, milk, butter, bread, biscuits, cake, \r\nfruit, vegetables, aerated or other potable waters or ice or ice‑cream) which are \r\nof a perishable nature ; \r\n3[(j)] vendors of water to be used for drinking purposes ; \r\n3[(k)]  washermen ; \r\n3[(1)]  dealers in hay, straw, wood, charcoal or other inflammable material ;` \r\n3[(m)]  dealers in fire‑works, kerosene oil, petroleum or any other inflammable oil or \r\nspirit ; \r\n3[(n)]  tanners and dyers ; \r\n3[(o)]  persons carrying on any trade or occupation from which offensive or \r\nunwholesome smells arise ; \r\n3[(p)]  vendors of wheat, rice and other grain or of flour ;4* \r\n3[(q)]  makers and vendors of sugar or sweetmeats ; 4[and \r\n \r\n1Subs. by Act No. XLVII of 2023, s. 66. \r\n2Subs. by Adaptation of Central Acts and Ordinances Order, 1949 (Order No. 4 of 1949) s. 3. \r\n3Re­lettered by the Repealing and Amending Act, 1934 (Act No. XXIV of 1934), s. 2 and 1st Sch. \r\n4Omitted and ins. by Act No. XXIV of 1936, s. 55. \r\n  \r\n \r\nPage 104 of 137 \r\n \r\n(r) barbers and keepers of shaving saloons ;] \r\n1[(s) or any other occupation as the Board may notify from time to time,] \r\nshall carry on his trade, calling or occupation in any part of a cantonment unless he has applied for and \r\nobtained a licence in this behalf from the 2[Board]. \r\n(2) A licence granted under sub‑section (1) shall be valid 2[until the end of the year in which it \r\nis issued] and the grant of such licence shall not be withheld by the 2[Board] unless it has reason to \r\nbelieve that the business which it is intended to establish or maintain would be offensive or dangerous \r\nto the public. \r\n(3) Notwithstanding anything contained in sub‑section (1),__ \r\n(a) no person who was, at the commencement of this Act, carrying on his trade, \r\ncalling or occupation in any part of a cantonment shall be bound to apply for a \r\nlicence for carrying on such trade or occupation in that part until he has received \r\nfrom the 2[Board] not less than three months’ notice in writing of his obligation \r\nto do so, and if the 2[Board] refuses to grant him a licence, it shall pay \r\ncompensation for any loss, incurred by reason of such refusal ; \r\n(b) no person shall  be required to take out a licence for the sale or storage of \r\npetroleum or for the sale or possession for sale of poisons or white arsenic in \r\nany case in which he is required to take out a licence for such sale, storage or \r\npossession for sale by or under t he 3[Petroleum Act, 1934 (XXX of 1934)], or \r\nthe Poisons Act, 1919 (XII of 1919). \r\n(4) The 2[Board] may charge for the grant of licences under this section such fees 1[* * * * * * \r\n*] as it may fix with the previous sanction of the 4[Federal Government]. \r\n211. Conditions which may be attached to licences.  A licence granted to any person under \r\nsection 210 shall specify the part of the cantonment which the licensee may carry on his trade, calling \r\nor occupation, and may regulate the hours and manner of transport within the cantonment of any \r\nspecified articles intended for human consumption, and may contain  any other conditions which the \r\n2[Board] thinks fit to impose in accordance with bye‑laws made under this Act. \r\n \r\nGeneral Provisions. \r\n212. Power to vary licence. If a 2[Board] is satisfied that any place used under a licence granted \r\nunder this Chapter is a nuisance or is likely to be dangerous to life, health or property, the 2[Board] \r\nmay, by notice in writing, require the owner, lessee or occupier thereof to discontinue the use of such \r\nplace or to effect such alterations, ad ditions, or improvements as will, in the opinion of the 2[Board], \r\nrender it no longer a nuisance or dangerous. \r\n \r\n \r\n1Ins. and omitted by Act No. XLVII of 2023, s. 67. \r\n2Subs. by Act No. XXIV of 1936, ss. 69 and 55. \r\n3Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (Ordinance No. XXVI of 1981), s. 3 and Sch. II. \r\n4Subs. by the Federal Adaptation of Laws Orders, 1975  (P.O No. 4 of 1975), Art. 2 and Table.  \r\n  \r\n \r\nPage 105 of 137 \r\n \r\n213. Carrying on trade, etc., without licence or in contravention of section 212. Whoever \r\ncarries on any trade, calling or occupation for which a licence is required without obtaining a licence \r\ntherefor or while the licence therefor is suspended or after the same has been cancelled, and whoever, \r\nafter receiving a notice under section 212, uses or allows to be used any building or place in \r\ncontravention thereof, shall be punishable with fine which may extend to 1[five thousand] rupees and, \r\nin the case of a continuing offence, with an additional fine which may extend to 1[two thousand] rupees \r\nfor every day after the first during which the offence is continued. \r\n214. Feeding animals on dirt, etc. Whoever feeds or allows to be fed on filthy or deleterious \r\nsubstances any animal, which is kept for the purpose of supplying milk to, or which is intended to be \r\nused as food for, the inhabitants of a cantonment or allows it to graze in any place in which grazing \r\nhas, for sanitary reasons, been prohibited by public notice by the 2[Board] shall be punishable with \r\nfine which may extend to 1[two thousand] rupees. \r\nEntry, Inspection and Seizure. \r\n215. Powers of entry and seizure . (1) The President or the Vice‑President 2[* * * ] the \r\nExecutive Officer, the Health Officer, the Assistant Health Officer, or any other officer or servant of a \r\n2[Board] authorised by it in writing in this behalf,__ \r\n(a) may at any time enter into any market, building, shop, stall or other place in the \r\ncantonment for the purpose of inspecting, and may inspect, any animals, article \r\nor thing intended for human food or drink or for medicine, whether exposed or \r\nhawked about for sale or deposited in or brought to any place for the purpose of \r\nsale, or of preparat ion for sale, or any utensil or vessel for preparing, \r\nmanufacturing or containing any such article,  or thing, and may enter into and \r\ninspect any place used as a slaughter‑house and may  examine any animal or \r\narticle therein ; \r\n(b) may seize any such animal, article or thing which appears to him to be diseased, \r\nor unwholesome or unfit for human food or drink or medicine, as the case may \r\nbe, or to be adulterated or to be not what it is represented to be, or any such \r\nutensil or vessel which is of such a kind or in such a state as to render any article \r\nprepared, manufactured or contained therein unwholesome or unfit for human \r\nfood or for medicine, as the case may be. \r\n(2) Any article seized under sub‑section (1) which is of a perishable nature may, under the \r\norders of the Health Officer or the Assistant Health Officer, forthwith be destroyed if, in his opinion, \r\nit is diseased, unwholesome or unfit for human food, drink or medicine, as the case may be. \r\n(3) Every animal, article, utensil, vessel or other thing s eized under sub‑section (1) shall, if it \r\nis not destroyed under sub‑section (2), be taken before a Magistrate 3[who shall give orders as to its \r\ndisposal]. \r\n \r\n \r\n1Subs. by Act No. XLVII of 2023, ss. 68 and 69. \r\n2Subs. and omitted by Act No. XXIV of 1936, ss. 69 and 56. \r\n3Added by Act No. VIII of 1944, s. 7. \r\n  \r\n \r\nPage 106 of 137 \r\n \r\n(4) The owner or person in possession, at the time of seizure under sub‑section (1), of any \r\nanimal or carcase which is diseased or of any article or thing which is unwholesome or unfit for human \r\nfood, drink or medicine as the case may be, or is adulterated or is not what it is represented to be, or \r\nof any utensil or vessel which is of such kind or in such state as is described in clause (b) of sub­section \r\n(1), shall be punishable with fine which may extend to 1[ten thousand] rupees, and the animal, article, \r\nutensil, vessel or other thing shall be liable to be forfeited to the 2[Board] or to be destroyed or to be  \r\nso disposed of as to prevent its being exposed for sale or used for the preparation of food, drink or \r\nmedicine, as the case may be. \r\nExplanation I.__If any such article, having been exposed or stored in, or brought to, any place \r\nmentioned in sub‑section (1) for sale as ghee, contains any substance not exclusively derived from  \r\nmilk, it shall be deem ed, for the purposes of this section, to be an article which is not what it is \r\nrepresented to be. \r\nExplanation II .__Meat subjected to the process of blowing shall be deemed to be unfit for \r\nhuman food. \r\nExplanation III.__The article of food or drink shall not  be deemed to be other than what it is \r\nrepresented to be merely by reason of the fact that there has been added to it some substance not \r\ninjurious to health: \r\nProvided that__ \r\n(a) such substance has been added to the article because the same is required for \r\nthe preparation or production thereof as an article of commerce in a state fit for \r\ncarriage or consumption and not fraudulently to increase the bulk, weight or \r\nmeasure of the food or drink or conceal the inferior quality thereof, or \r\n(b) in the process of production, preparation or conveyance of such article of food \r\nor drink, the extraneous substance has unavoidably become intermixed \r\ntherewith, or \r\n(c) the owner or person in possession of the article has given sufficient notice by \r\nmeans of a label distinctly and legibly written or printed thereon or therewith, \r\nor by other means of a public description, that such substance has been added, \r\nor \r\n(d) such owner or person has purchased the article with a written warranty that it \r\nwas of a certain nature, substance and quality and had no reason to believe that \r\nit was not of such nature, substance and quality, and has exposed it or hawked \r\nit about or brought it for sale in the same state and by the same description as \r\nthat in and by which he purchased it. \r\nImport of Cattle and Flesh. \r\n216. Import of cattle and flesh. (1) No person shall, without the permission in writing of the \r\n2[Board], bring into a cantonment any animal intended for human consumption, or the flesh of any \r\nanimal slaughtered outside the cantonm ent otherwise than in a slaughter‑house maintained by the \r\nGovernment or the 2[Board]. \r\n \r\n1Subs. by Act No. XLVII of 2023, s.70. \r\n2Subs. by Act No. XXIV of 1936, s. 69. \r\n \r\nPage 107 of 137 \r\n \r\n(2) Any animal or flesh brought into a cantonment in contravention of sub‑section (1) may be \r\nseized by the Executive Officer or by any servant of the 1[Board] and sold or otherwise disposed of as \r\nthe 2[President of the Board] may direct, and, if it is sold, th e sale‑proceeds may be credited to the \r\ncantonment fund. \r\n(3) Whoever contravenes the provisions of sub‑section (1) shall be punishable with fine which \r\nmay extend to 3[five thousand] rupees. \r\n(4) Nothing in this section shall be deemed to apply to cured or pr eserved meat or to animals \r\ndriven or meat carried through a cantonment for consumption outside thereof, or to meat brought into \r\na cantonment by any person for his immediate domestic consumption: \r\nProvided that the 1[Board] may, by public notice, direct that the provisions of this section shall \r\napply to cured or preserved meat of any specified description or brought from any specified place. \r\n_______ \r\nCHAPTER XIII.  \r\nWATER‑SUPPLY, DRAINAGE AND LIGHTING. \r\nWater supply. \r\n217. Maintenance of water-supply. (1) In every cantonment where a sufficient supply of pure \r\nwater for domestic use does not already exist, the 1[Board] shall provide or arrange for the provision \r\nof such a supply. \r\n(2) The 1[Board] shall, as far as possible, make adequate provision that such supply  shall be \r\ncontinuous throughout the year, and that the water shall be at all times pure and fit for human \r\nconsumption. \r\n218. Control over sources of public water-supply. (1) The 1[Board] may, with the previous \r\nsanction of the 4[Federal Government], by public notice, declare any lake, stream, spring, well, tank, \r\nreservoir or other source, whether within or without the limits of the cantonment (other than a source \r\nof water‑supply und er the control of the 5[Military Engineer]  Services or the Public Works \r\nDepartment) from which water is or may be made available for the use of the public in the cantonment \r\nto be a source of public water‑supply. \r\n(2) Every such source shall be under the control of the 1[Board]. \r\n219. Power to require maintenance or closing of private source of public drinking water \r\nsupply. The 1[Board] may, by notice in writing, require the owner or any person having the control of \r\nany source of public water‑supply which is used for drinking purposes__ \r\n(a) to keep the same in good order and to clear it from time to time of silt, refuse \r\nand  decaying vegetation, or \r\n(b) to protect the same from contamination in such manner as the 1[Board] may direct, or \r\n \r\n1Subs. by Act No. XXIV of 1936, s. 69. \r\n2Subs. by Act No. VIII of 1944, s. 8. \r\n3Subs. by Act No. XLVII of 2023, s.71. \r\n4Subs. by the Federal Adaptation of Laws Orders, 1975  (P.O No. 4 of 1975), Art. 2 and Table.  \r\n5Subs. by Act No. VII of 1925, s. 9. \r\n \r\nPage 108 of 137 \r\n \r\n(c) if the water ther ein is proved to the satisfaction of the 1[Board] to be unfit for \r\ndrinking purposes, to take such measures as may be specified in the notice to \r\nprevent the public from having access to or using such water: \r\nProvided that, in the case of a well, such person as aforesaid may, instead of complying with \r\nthe notice, signify in writing his desire to be relieved of all responsibility for the proper maintenance \r\nof the well and his readiness to place it under the control and supervision of the 1[Board] for the use of \r\nthe public, and, if he does so, he shall not be bound to carry out the requisition, and the 1[Board] shall \r\nundertake the control and supervision of the well. \r\n220. Supply of water . (1) The 1[Board] may permit the owner, lessee or occupier of any \r\nbuilding or land to connect the building or land with a source of public water‑supply by means of  \r\ncommunication pipes of such size and description as it may prescribe for the purpose of obtaining \r\nwater for domestic use. \r\n(2) The occupier of every building so connected with the water‑supply shall be entitled to have \r\nfor domestic use, in return for the water tax, if any, such quantity of water as the 1[Board] may \r\ndetermine. \r\n(3) All water supplied in excess of the quantity to which such supply is limited under \r\nsub‑section (2) and, in a cantonment in which a water tax is not imposed, all water supplied under this \r\nsection, shall be paid for at such rate as the 1[Board] may fix. \r\n(4) The supply of water for domestic use shall not be deemed to include any supply__ \r\n(a) for animals or for washing vehicles where such animals or vehicles are kept for \r\nsale or hire ; \r\n(b) for any trade, manufacture or business ; \r\n(c) for fountains, swimming baths or any ornamental or mechanical purpose ; \r\n(d) for gardens or for purposes of irrigation ; \r\n(e) for making or watering roads or paths ; or \r\n(f) for building purposes. \r\n221. Power to require water supply to be taken. If it appears to the 1[Board] that any building \r\nor land in the cantonment is without a proper supply of pure water, the 1[Board] may, by notice in  \r\nwriting, require the owner, lessee or occupier of the building or land to obtain from a source of public \r\nwater‑supply such quantity of water as is  adequate to the requirements of the persons usually \r\noccupying or employ ed upon the building or land, and to provide communication pipes of the  \r\nprescribed size and description, and to take all necessary steps for the above purposes. \r\n \r\n \r\n \r\n1Subs. by Act No. XXIV of 1936, s. 69. \r\n \r\n \r\nPage 109 of 137 \r\n \r\n222. supply of water under agreement.  (1) The 1[Board] may, by agreement, supply, from \r\nany source of public water‑supply, the owner, lessee or occupier of any building or land in the \r\ncantonment with any water for any purpose, other than a domestic purpose, on such terms and \r\nconditions, consistent with this Act and the rules and bye‑laws made thereunder, as may be agreed \r\nupon between the 1[Board] and such owner, lessee or occupier. \r\n(2) The 1[Board] may withdraw such supply or curtail the quantity thereof at any time if it \r\nshould appear necessary to do so for the purpose of maintaining sufficient supply of water for domestic \r\nuse by inhabitants of the cantonment. \r\n223. Board n ot liable for failure of supply.  Notwithstanding any obligation imposed on \r\n1[Boards] under this Act, a 1[Board] shall not be liable to any forfeiture, penalty or damages for failure \r\nto supply water or for curtailing the quantity thereof if the failure or curtailment, as the case may be, \r\narises from accident or from drought or other unavoidable cause unless, in the case of an agr eement \r\nfor the supply of water under section 222, the 1[Board] has made express provision for forfeiture, \r\npenalty or damages in the event of such failure or curtailment. \r\n224. Conditions of universal application. Notwithstanding anything hereinbefore contained \r\nor contained in any agreement under section 222, the supply of water by a 1[Board] to any building or \r\nland shall be, and shall be deemed to have been, granted subject to the following conditions, namely:__ \r\n(a) the owner, lessee or occupier of any building or land in or on which water \r\nsupplied by the 1[Board] is wasted by reason of the pipes, drains or other works \r\nbeing out of repair shall, if he has knowledge thereof, give notice of the same to \r\nsuch officer as the 1[Board] may appoint in this behalf ; \r\n(b) the Executive Officer or any other officer or servant of the 1[Board] authorised \r\nby it in writing in this behalf may enter into or on any premises supplied with \r\nwater by the 1[Board], for the purpose of exami ning all pipes, taps, works and \r\nfittings connected with the supply of water and of ascertaining whether there is \r\nany waste or misuse of such water ; \r\n(c) the 1[Board] may, after giving notice in writing, cut off the connection between  \r\nany source of public water‑supply and any building or land to which water is \r\nsupplied for any purpose therefrom, or turn off such supply if__ \r\n(i) the owner or occupier of the building or land neglects to pay the water \r\ntax or other charges connected with the water‑supply within one month \r\nfrom the date on which such tax or charge falls due for payment ; \r\n(ii) the occupier refuses to admit the Executive Officer or other authorised \r\nofficer or servant of the 1[Board] into the building or land for the purpose \r\nof making any examination or inquiry authorised by clause (b) or \r\nprevents the making of such examination or inquiry ; \r\n(iii) the occupier wilfully or negligently misuses or causes waste of water ; \r\n(iv) the occupier wilfully or negligently injures or damages his meter or any \r\npipe or tap conveying water from the water‑works ; \r\n \r\n1Subs. by Act No. XXIV of 1936, s. 69. \r\n \r\nPage 110 of 137 \r\n \r\n (v) any pipes, taps, works or fittings connected with the supply of water to \r\nthe building or land are found, on examination by the Executive Officer, \r\nto be out of repair to such an extent as to cause a waste of water ; \r\n(d) the expense of cutting off the connection or of turning off the water in any case \r\nreferred to in clause (c) shall be paid by the owner or occupier of the building \r\nor land ; \r\n(e) no action taken under or in pursuance of clause (c) shall relieve any person from \r\nany penalty or liability which he may otherwise have incurred. \r\n225. Supply to persons outside cantonment.  A 1[Board] may allow any person not residing \r\nwithin the limits of the cantonment to take or be supplied with water for any purpose from any source \r\nof public water‑supply on such terms as it may prescribe, and may at any time withdraw or curtail such \r\nsupply. \r\n226. Penalty. Whoever__ \r\n(a) uses for other than domestic purposes any water supplied by a 1[Board] for \r\ndomestic use, or \r\n(b) where water is supplied by agreement with a 1[Board] for a specified purpose, \r\nuses that water for any other purpose, \r\nshall be punishable with fin e which may extend to 2[one thousand] rupees, and the 1[Board] shall be \r\nentitled to recover from him the price of the water misused. \r\nWater, Drainage and other Connections. \r\n227. Power of Board to lay wires, connections, etc.  A 1[Board] may carry any cable, wire, \r\npipe, drain, sewer or channel of any kind,__ \r\n(a) for the purpose of carrying out, establishing or maintaining any system of \r\nwater‑supply, lighting, drainage, or sewerage, through, across, under or over \r\nany road or street, or any place laid out or intended as a road or street, or, after \r\ngiving reasonable notice in writing to the owner or occupier, into, through, \r\nacross, under or over any land or building, or up the side of any building, \r\nsituated within the cantonment, or \r\n(b) for the purpose of supplying water or of the introduction or distribution of \r\noutfall of water or for the removal or outfall of sewage, after giving reasonable \r\nnotice in writing to the owner or occupier, into, through, across, under or over \r\nany land or bu ilding, or up the side of any building, situated outside the \r\ncantonment ; \r\nand may at all times do all acts and things which may be necessary or expedient for repairing or \r\nmaintaining any such cable, wire, pipe, drain, sewer or channel in an effective state for the purpose for \r\nwhich the same may be used or is intended to be used: \r\n \r\n1Subs. by Act No. XXIV of 1936, s. 69. \r\n2Subs. by Act No. XLVII of 2023, s.72. \r\n \r\nPage 111 of 137 \r\n \r\nProvided that no nuisance shall be caused in excess of what is reasonably necessary for the \r\nproper execution of the work: \r\nProvided, further, that compensation shall be payable to the owner or occupier for any damage \r\nsustained by him which is directly occasioned by the carrying out of any such operation. \r\n228. Wires, etc., laid above surface of gro und. In the event of any cable, wire, pipe, drain, \r\nsewer or channel being laid or carried above the surface of any land or through, over or up the side of \r\nany building, such cable, wire, pipe, drain, sewer or channel shall be so laid or carried as to inter fere \r\nas little as possible with the rights of the owner or occupier to the due enjoyment of such land or \r\nbuilding, and compensation shall be payable by the 1[Board] in respect of any substantial interference \r\nwith the right to any such enjoyment. \r\n229. Connection with main not to be made without permission.  No person shall, for any \r\npurpose whatsoever, without the permission of the 1[Board], at any time make or cause to be made any \r\nconnection or communication with any cable, wire, pipe, drain, sewer or channel  constructed or \r\nmaintained by, or vested in, a 1[Board]. \r\n230. Power to prescribe ferrules and to establish meters, etc. A 1[Board] may prescribe the \r\nsize of the ferrules to be used for the supply of gas, if any, and may establish meters or other appliances \r\nfor the purpose of testing the quantity of any water, or the quantity or quality of any gas supplied to \r\nany premises by the 1[Board]. \r\n231. Power of inspection.  The ferrules, communication pipes, connections, meters, \r\nstand‑pipes and all fittings thereon or  connected therewith leading from water mains or from pipes, \r\ndrains, sewers or channels into any house or land, to which water or gas is supplied by a 1[Board], and \r\nthe pipes, fittings, and works inside any such house or within the limits of any such land,  shall in all \r\ncases be 2[installed or] executed subject to the inspection and to the satisfaction of the 1[Board]. \r\n232. Power to fix rates and charges.  A 1[Board] may fix the charges  to be made for the \r\nestablishment by them or through their agency of communications from, and connections with, mains, \r\nor pipes for the supply of water, or gas, or for meters or other appliances for testing the quantity or \r\nquality thereof supplied, and may levy such charges accordingly. \r\nApplication of this Chapter to Government Water‑supplies. \r\n233. Government water-supply. (1) Where in any cantonment there is a water‑supply under \r\nthe control of the 3[Military Engineer] Services or the Public Works Department, the Officer of the \r\n3[Military Engineer] Services or of the Public Works Department, as the case may be, in charge of \r\nsuch water‑supply (hereinafter in 1[this Chapter] referred to as the Officer) may publish in the \r\ncantonment in such manner as he thinks fit a notice declaring that any lake, stream, spring, well, tank, \r\nreservoir or other source, whether within or without the limits of the cantonment (other than a source \r\nof public water‑supply) under the control of the 1[Board] is a source of public water‑supply and may, \r\nfor the purpose of keeping any such source in good order or of protecting it from contamination or \r\nfrom use, require the 1[Board] to exercise any power conferred upon 4[it] by section 219. \r\n \r\n1Subs. by Act No. XXIV of 1936, ss. 69 and 57. \r\n2Ins. by the Repealing and Amending Act, 1930 (Act No. VIII of 1930), s. 2 and 1st Sch. \r\n3Subs. by Act NO. VII of 1925), s. 9. \r\n4Subs. by the Repealing and Amending Act, 1939 (Act No. XXXIV of 1939), s. 2 and 1st Sch. \r\n \r\n \r\n \r\nPage 112 of 137 \r\n \r\n(2) In the case of any water‑supply such as is referred to in sub‑section (1), the following \r\nprovisions of this Chapter, namely, the provisions of sections 220, 222, 223, 224, 226, 227, 228, 229, \r\n230, 231, and 232 shall, as far as  may be, be applicable in respect of the supply of water to the \r\ncantonment, and for the purpose of such application references to the 1[Board] shall be construed as \r\nreferences to the Officer, and references to the Executive Officer or other officer or serv ant of the \r\n1[Board] shall be construed as references to such person as may be authorised in this behalf by the  \r\nOfficer. \r\n \r\n2[(3) The provisions of section 222 shall be applicable in respect of the supply of water by \r\nagreement to the Board by the Officer for use for any purpose other than a domestic purpose in like \r\nmanner as they are applicable to such supply to the owner, lessee or occupier of any building or land \r\nin the cantonment.] \r\n234. Recovery of charges. In any case in which the provisions of section 233  apply 1[and in \r\nwhich the Board is not receiving a bulk supply of water under section 234A,] the water­tax, if any, \r\nimposed in the cantonment and all other charges arising out of the supply of water which may  be \r\nimposed under the provisions of this Chapter  as applied by section 233 shall be recovered by the \r\n1[Board], and all monies so recovered, or such proportion thereof as the 3[Federal Government] may \r\nin each case determine, shall be paid by the 1[Board] to the Officer. \r\n1[234A. Supply of water from Government water­supply to the Board. __(1) Where in any \r\ncantonment there is a water­supply such as is referred to in sub‑section (1)  of section 233, the Board \r\nmay 2[and so long as the Board is unable to provide a water‑supply of its own, it shall] receive from  \r\nthe Military Engineer Services or the Public Works Department, as the case may be, at such point or \r\npoints as may be agreed upo n between the Board and the Officer, a supply of water adequate to the \r\nrequirements for domestic use of all persons in the cantonment other than entitled consumers. \r\n(2) Any supply of water received under sub‑section (1) shall be a bulk supply, and the Boar d \r\nshall make such payments to the Officer for all water so received as may be agreed upon between the \r\nBoard and the Officer, or, in default of such agreement, as may be determined by the 3[Federal \r\nGovernment] to be reasonable having regard to the actual cost of supplying the water in the cantonment \r\nand the rate charged for water in any adjacent municipality: \r\nProvided that, notwithstanding anything contained in this Act, the Board shall not charge for \r\nthe supply to persons in the cantonment of water received  by the Board under this section a rate \r\ncalculated to produce more than the sum of the payments made to the Officer for water received and \r\nthe actual cost of the supply thereof by the Board to consumers. \r\n(3) If any dispute arises between the Board and the Officer regarding the amount of water \r\nadequate to the requirements of persons in the cantonment other than entitled consumers, the dispute \r\nshall be referred to the 3[Federal Government] whose decision shall be final. \r\n234B. Functions of the Board in relation to distribution of bulk supply.  Where under the \r\nprovisions of sub­section (1) of section 234A a bulk supply of water is received by the Board, the \r\nBoard shall be solely responsible for the supply of water to all persons in the can tonment other than \r\nentitled consumers; and the provisions of this Act shall apply as if such bulk supply were a source of \r\npublic  \r\n \r\n1Subs. and ins. by Act No. XXIV of 1936, ss. 69, 58 and 59. \r\n2Ins. by Act No. XV of 1942, ss. 10 and 11. \r\n3Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.  \r\n \r\nPage 113 of 137 \r\n \r\nwater­supply under the control of the Board and as if the communications from and connections with \r\nsuch bulk supply of the purpose of supplying water to such persons were a system of water­supply \r\nestablished and maintained by the Board.] \r\n______ \r\nCHAPTER XIV. \r\nREMOVAL AND EXCLUSION FROM CANTONMENTS AND SUPPRESSION OF \r\nSEXUAL IMMORALITY. \r\n235. Power to remove brothels and prostitutes. The 1[Officer Commanding the station] may, \r\non receiving information that any building in the cantonment is used as a brothel or for purposes of \r\nprostitution, by order in writing setting forth the substance of the information received, summon the \r\nowner, lessee, tenant or  occupier of the building to appear before him either in person or by an \r\nauthorised agent, and, if the 1[Officer Commanding the station] is then satisfied as to the truth of the \r\ninformation, he may, by order in writing, direct the owner, lessee, tenant or occupier, as the case may \r\nbe, to discontinue such use of the building within such period as may be specified in the order. \r\n236. Penalty for loitering and importuning for purposes of prostitution.  (1) Whoever in a \r\ncantonment loiters for the purpose of prostitution or importunes any person to the commission of \r\nsexual immorality, shall be punishable with imprisonment which may extend to one month, or with \r\nfine which may extend  to 2[twenty thousand] rupees. \r\n(2) No prosecution for an offence under this section shall be instituted except on the complaint \r\nof the person importuned, or of a military officer in whose presence the offence was committed, or of \r\na member of the Military or Air Force Police, being employed in the cantonment and authorised in this \r\nbehalf by the 1[Officer Commanding the  station], in whose  presence the  offence  was  committed, or \r\nof a police officer not  below the  rank of a sub‑inspector 3[or a sergeant] who is employed in the \r\ncantonment and authorised in this behalf by the  1[Officer Commanding the station] 3[with the \r\nconcurrence of the District Magistrate]. \r\n237. Removal of lewd person from cantonment. If the 1[Officer Commanding the station] is, \r\nafter such inquiry as he thinks nec essary, satisfied that any person residing in or frequenting the \r\ncantonment is a prostitute or has been convicted of an offence under section 236, or of the abetment \r\nof such an offence, he may cause to be served on such person an order in writing requiring such person \r\nto remove from the cantonment within such time as may be specified in the order, and prohibiting such \r\nperson from re‑entering it without the permission in writing of the 1[Officer Commanding the station]. \r\n238. Removal and exclusion from canton ment of disorderly persons.  (1) A Magistrate of \r\nthe first class, having jurisdiction in a cantonment, on receiving information that any person residing \r\nin or frequenting the cantonment__ \r\n(a) is a disorderly person who has been convicted more than once of gaming or who \r\nkeeps or frequents a common gaming house, a disorderly drinking shop or a \r\ndisorderly house of any other description, or \r\n(b) has been convicted more than once, either within the cantonment or elsewhere, \r\nof an offence punishable under Chapter XVII of the Pakistan Penal Code (XLV \r\nof 1860), or \r\n \r\n1Subs. by Act No. VII of 1925, ss. 10 and 14. \r\n2Subs. by Act No. XLVII of 2023, s.74. \r\n3Ins. by Act No. VII of 1931, s. 7. \r\n \r\nPage 114 of 137 \r\n \r\n(c) 1[*  *  *  *  *  *  *] \r\n(d)  has been ordered under Chapter VIII of the Code of Criminal Procedure, 1898 (V \r\nof 1898), either within the cantonment or elsewhere, to execute a bond for his good \r\nbehaviour, \r\nmay record in writing the substance of the information received, and may issue a summons to such person \r\nrequiring such person to appear and show cause why he should not be required to remove from the \r\ncantonment and be prohibited from re‑entering it. \r\n(2) Every summons issued under sub‑section (1) shall be accompanied by a copy of the record \r\naforesaid, and the copy shall be served alongwith the summons on the person against whom the summons \r\nis issued. \r\n(3) The Magistrate shall, when the person so summoned ap pears before him, proceed to inquire \r\ninto the truth of the information received and take such further evidence as he thinks fit, and if, upon such \r\ninquiry,  it  appears to him that  such person is  a  person of any kind described in  sub‑section (1) and that \r\nit is necessary for the maintenance of good order in the cantonment that such person should be  required to \r\nremove  therefrom and be  prohibited from re‑entering the  cantonment, the Magistrate  shall report the \r\nmatter to the 2[Officer Commanding the station], and, if the 2[Officer Commanding the station] so directs, \r\nshall cause to be served on such person an order in writing requiring him to remove from the cantonment \r\nwithin such time as may be specified in the order and prohibiting him  from re‑entering it without the \r\npermission in writing of the 2[Officer Commanding the station]. \r\n239. Removal and exclusion from cantonment of seditious persons . (1) If any person in a \r\ncantonment causes or attempts to cause or does any act which he knows is likely to cause disloyalty, \r\ndisaffection or breaches of discipline amongst any portion of 3[the armed forces of Pakistan] or is a person \r\nwho, the 2[Officer Commanding the station] has reason to believe, is likely to do any such act, the 2[Officer \r\nCommanding the station] m ay make an order in writing setting forth the reasons for the making of the  \r\nsame  and requiring such person to remove  from the  cantonment  within  such time as  may be specified \r\nin the order and prohibiting him from re‑entering it without the permission in writing  of the 2[Officer \r\nCommanding the station]: \r\nProvided that no order shall be made under this section against any person unless he has had a \r\nreasonable opportunity of being informed of the grounds on which it is proposed to make the order and of \r\nshowing cause why the order should not be made. \r\n(2) Every order made under sub‑section (1) shall be sent to the Superintendent of Police of the \r\ndistrict, who shall cause a copy thereof to be served on the person concerned. \r\n(3) Upon the making of any order und er sub‑section (1), the 2[Officer Commanding the station] \r\nshall forthwith send a copy of the same to the 4[Federal Government]. \r\n(4) The 4[Federal Government] may, of its own motion, and shall, on application, made to it in this \r\nbehalf within one month of the date of the order by the person against whom the order has been made, call \r\nupon the District Magistrate to make, after such inquiry as the 4[Federal Government] may prescribe, a \r\nreport regarding the justice of the order and the necessity therefor. At every such inquiry the person against \r\nwhom the order has been made shall be given an opportunity of being heard in his own defence. \r\n \r\n1Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (Ordinance No. XXVIII of 1981), s. 3 and Sch. II. \r\n2Subs. by Act No. VII of 1925), s. 14. \r\n3Subs. by Central Laws (Adaptation) Order, 1961 (P.O. No. 1 of 1961) (with effect from the 23rd March, 1956). \r\n4Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.  \r\n \r\nPage 115 of 137 \r\n \r\n(5) The 1[Federal Government] may, at any time after the receipt of a copy of an order sent \r\nunder sub‑section (3), or where a report has been called for under sub‑section (4), on receipt of that \r\nreport, if it is of opinion that the order should be varied or rescinded, 2[make such order thereon as it \r\nthinks fit]. \r\n(6) Any person who has been excluded from a cantonment by an order made under this section \r\nmay, at any time after the expiry of one month from the date thereof, apply to the 3[Competent \r\nAuthority] for the rescission of the same and, on such application being made, the said Officer may, \r\nafter making such inquiry, if any, as he thinks necessary, either reject the application or rescind the \r\norder. \r\n240. Penalty. Whoever__ \r\n(a) fails to comply with an order issued under this Chapter within the period \r\nspecified therein, or, whilst an order prohibiting him from re‑entering a \r\ncantonment without permission is in force, re‑enters the cantonment without \r\nsuch permission, or \r\n(b) knowing that any person has, under this Chapter, been required to remove from \r\nthe cantonment and has not obtained the requisite permission to reenter it, \r\nharbours or conceals such person in the cantonment, \r\nshall be punishable with fine which may extend to 4[twenty thousand] rupees, and, in the  case of a \r\ncontinuing offence, with an additional fine which may extend to 4[five hundred] rupees for every day \r\nafter the first during which he has persisted in the offence. \r\n_______ \r\nCHAPTER XV. \r\nPOWERS, PROCEDURE, PENALTIES AND APPEALS. \r\nEntry and Inspection. \r\n241. Powers of entry. It shall be lawful for the President or the Vice­President of a Board, or  \r\nthe Executive Officer, or the Health Officer or Assistant Health Officer, or any person specially \r\nauthorised by the Health Officer or the Assistant Health Officer, or for any other person authorised by \r\ngeneral or special order of a 5[Board] in this behalf, to enter into or upon any building or land with or \r\nwithout assistants or workmen in order to make any inquiry, inspection, measurement, valuation or \r\nsurvey, or to execute any work, which is authorised by or under this Act or which it is necessary to \r\nmake or execute for any of the purposes or in pursuance of any of the provisions of this Act or of any \r\nrule, bye‑law or order made thereunder: \r\nProvided that nothi ng in this section shall be deemed to confer upon any person any power \r\nsuch as is referred to in section 207 or section 215 or to authorise the conferment upon any person of \r\nany such power. \r\n \r\n1Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.  \r\n2Subs. by A. O., 1937. \r\n3Subs. by Ordinance No. XLIV of 1979, s. 2. \r\n4Subs. by Act No. XLVII of 2023, s. 75. \r\n5Subs. by Act No. XXIV of 1936, s. 69. \r\n \r\n \r\nPage 116 of 137 \r\n \r\n242. Powers of inspection by member of a Board.  With the previous sanction of the \r\nPresident, any member of a Board may inspect any work or institution constructed or maintained, in \r\nwhole or part, at the expense of the Board, and any register, book, accounts or other document \r\nbelonging to, or in the possession of, the Board. \r\n243. Powers of inspection, etc. (1) A 1[Board] may, by general or special order, authorise any \r\nperson__ \r\n(a) to inspect any drain, privy, latrine, urinal, cesspool, pipe, sewer or channel in or \r\non any building or land in the cantonment, and, in his discretion, to cause the \r\nground to be opened for the purpose of preventing or removing any nuisance \r\narising from the drain, privy, latrine, urinal, cesspool, pipe, sewer or channel, as \r\nthe case may be ; \r\n(b) to examine works under co nstruction in the cantonment, to take levels or to \r\nremove, test, examine, replace or read any meter. \r\n(2) If, on such inspection, the opening of the ground is found to be necessary for the prevention  \r\nor removal of a nuisance, the expenses thereby incurred shall be paid by the owner or occupier of the \r\nland or building, but if it is found that no nuisance exists or but for such opening would have arisen , \r\nthe ground or portion of any building, drain or other work opened, injured or removed for the purpose \r\nof such inspection shall be filled in, reinstated, or made good, as the case may be, by the 1[Board]. \r\n244. Power to enter land adjoining land where work is in progress.  (1) The Executive \r\nOfficer of a cantonment may, with or without assistants or workmen, enter  on any land within fifty \r\nyards of any work authorised by or under this Act for the purpose of depositing thereon any soil, gravel, \r\nstone or other materials, or of obtaining access to such work, or for any other purpose connected with \r\nthe carrying on of the same. \r\n(2) The Executive Officer shall, before entering on any land under sub‑section (1), give the \r\noccupier, or, if there is no occupier, the owner not less than three days' previous notice in writing of \r\nhis intention to make such entry, and shall state the purpose thereof, and shall, if so required by the \r\noccupier or owner, fence off so much of the land as may be required for such purpose. \r\n(3) The Executive Officer shall, in exercising any power conferred by this section, do as little \r\ndamage as may be, a nd compensation shall be payable by the 1[Board] to the owner or occupier of \r\nsuch land, or to both, for any such damage whether permanent or temporary. \r\n245. Breaking into premises. It shall be lawful for any person, authorised by or under this Act \r\nto make any entry into any place, to open or cause to be opened any door, gate or other barrier__ \r\n(a) if he considers the opening thereof necessary for the purpose of such entry ; and \r\n(b) if the owner or occupier is absent, or being present refuses to open such door, \r\ngate or barrier. \r\n246. Entry to be made in the day time. Save as otherwise expressly provided in this Act, no \r\nentry authorised by or under this Act shall be made except between the hours of sunrise and sunset. \r\n \r\n \r\n1Subs. by Act No. XXIV of 1936, s. 69. \r\n \r\nPage 117 of 137 \r\n \r\n247. Owner’s consent ordinarily to be obtained.  Save as otherwise expressly provided in \r\nthis Act, no building or land shall be ente red without the consent of the occupier, or if there is no \r\noccupier, of the owner thereof, and no such entry shall be made without giving the said occupier or \r\nowner, as the case may be, not less than four hours' written notice of the intention to make such entry: \r\nProvided that no such notice shall be necessary if the place to be inspected is a stable for horses \r\nor a shed for cattle, or a latrine, privy or urinal, or a work under construction. \r\n248. Regard to be had to social and religious usages.  When any place used as a human \r\ndwelling is entered under this Act, due regard shall be paid to the social and religious customs and \r\nusages of the occupants of the place entered, and no apartment in the actual occupancy of a female \r\nshall be entered or broken open until she has been informed that she is at liberty to withdraw and every \r\nreasonable facility has been afforded to her for withdrawing. \r\n249. Penalty for obstruction.  Whoever obstructs or molests any person employed by a \r\n1[Board], who is not a public  servant within the meaning of section 21 of the Pakistan Penal Code \r\n(XLV of 1860), or any person with whom the 1[Board] has lawfully contracted, in the execution of his \r\nduty or of anything which he is empowered or required to do by virtue or in consequence of any of the \r\nprovisions of this Act or of any rule, bye‑law or order made thereunder, or in fulfilment of his contract, \r\nas the case may be, shall be punishable with fine which may extend to 2[five thousand] rupees. \r\nPowers and Duties of Police Officers. \r\n250. Arrest without warrant.  Any member of the police force employed in a cantonment \r\nmay, without a warrant, arrest any person committing in his view a breach of any of the provisions of \r\nthis Act which are specified in Schedule IV: \r\nProvided that__ \r\n(a) in the case of the breach of any such provision as is specified in Part B of \r\nSchedule IV, no person shall be so arrested who consents to give his name and \r\naddress, unless there is reasonable ground for doubting the accuracy of the name \r\nor address so given, th e burden of proof of which shall lie on the arresting \r\nofficer, and no person so arrested shall be detained after his name and address \r\nhave been ascertained ; and \r\n(b) no person shall be so arrested for an offence under section 236 except__ \r\n(i) at the request of the person importuned or of a military officer in whose \r\npresence the offence was committed ; or \r\n(ii) by or at the request of a member of the Military or Air Force Police, who \r\nis employed in the cantonment and authorised in this behalf by the  \r\n3[Officer Commanding the station], and in whose presence the offence \r\nwas committed or by or at the request of any p olice officer not below \r\nthe rank of a sub‑inspector who  is employed in the cantonment and \r\nauthorised in this behalf by the 3[Officer Commanding the station]. \r\n \r\n \r\n \r\n \r\n1Subs. by Act No. XXIV of 1936, s. 69. \r\n2Subs. by Act No. XLVII of 2023, s.76. \r\n3Subs. by Act No. VII of 1925, s. 14. \r\n \r\nPage 118 of 137 \r\n \r\n251. Duties of police officers.  It shall be the duty of all police officers to give immediate  \r\ninformation to the 1[Board] of the commission of any offence against the provisions of this Act or of any \r\nrule or bye‑law made thereunder, and to assist all cantonment officers and servants in the exercise of their \r\nlawful authority. \r\nNotices. \r\n252. Notices to fix reasonable time.  Where any notice, order or requisition made under this Act \r\nor any rule or bye‑law made thereunder requires anything to be done for the doing of which no time is fixed \r\nin this Act or in the rule or bye‑law, the notice, order or requisition shall specify a reasonable time for doing \r\nthe same. \r\n \r\n253. Authentication and validity of notices issued by Board. Every notice, order or requisition \r\nissued by a 1[Board] under this Act or any rule or bye‑law made thereunder shall be signed__ \r\n(a) 1[***] either by the President of the Board or by the Executive Officer, or, 1[***] \r\n(b) by the members of any committee especially authorised by the 1[Board] in this \r\nbehalf. \r\n254. Service of notice, etc. (1) Every notice, order or requisition issued under this Act or any rule \r\nor bye‑law made thereunder shall, save as otherwise expressly provided, be served or presented__ \r\n(a) by giving or tendering the notice, order or requisition, or sending it by post, to the \r\nperson for whom it is intended ; or \r\n(b) if such person cannot be found, by affixing the notice, order or requisition on some \r\nconspicuous part of his last known place of abode or business, if within the \r\ncantonment, or by giving or tendering the notice, order or requisition to some adult \r\nmale member or servant of his family, or by causing it to be affixed on so me \r\nconspicuous part of the building or land, if any, to which it relates. \r\n(2) When any such notice, order or requisition is required or permitted to be served upon an owner, \r\nlessee or occupier of any building or land, it shall not be necessary to name the owner, lessee or occupier \r\ntherein, and the service thereof shall, save as otherwise expressly provided, be effected either__ \r\n(a) by giving or tendering the notice, order or requisition, or sending it by post, to the \r\nowner, lessee or occupier, or, if there are more owners, lessees or occupiers than \r\none 2[to any one of them] ; or \r\n(b) if no such owner, lessee or occupier can be found, by giving or tendering the notice, \r\norder or requisition to the authorised agent, if any, of any such owner, lessee or \r\noccupier, or to an adult male member or servant of the family of any such owner, \r\nlessee or occupier, or by causing it to be affixed on some conspicuous part of the \r\nbuilding or land to which it relates. \r\n(3) When the person on whom a notice, order or requisition is to be served is a minor, service upon \r\nhis guardian or upon an adult male member or servant of his family shall be deemed to be service upon the \r\nminor. \r\n \r\n1Subs. and omitted by Act No. XXIV of 1936, ss. 69 and 60. \r\n2Subs. by the Repealing and Amending Act, 1940 (Act No. XXXII of 1940), s. 3 and 2nd Sch. \r\n \r\nPage 119 of 137 \r\n \r\n255. Method of giving notice.  Every notice which, by or under this Act, is to be given or \r\nserved as a public notice or as a notice which is not required to be given to any individual therein \r\nspecified shall, save as otherwise expressly provided, be deemed to have been sufficiently given or \r\nserved if a copy thereof is affixed in such conspicuous part of the office of the 1[Board] or in such \r\nother public place, during such period, or is published in such local  newspaper 2[or published on \r\nBoard’s official website] or in such other manner, as the 1[Board] may direct. \r\n256. Powers of Board in case of non­compliance with notice, etc.  In the event of \r\nnon‑compliance with the terms of any notice, order or requisition issued to any person under this Act, \r\nor any rule or bye‑law made thereunder, requiring such person to execute any work or to do any act, it \r\nshall be lawful for the 1[Board], whether or not the person in default is liable to punishment for such \r\ndefault or has been prosecuted or  sentenced to any punishment therefor, after giving notice in writing \r\nto such person, to take such action or such steps as may be necessary for the completion of the act or \r\nwork required to be done or executed by him, and  all the expenses incurred on such account shall be \r\nrecoverable by the 1[Board]. \r\nRecovery of Money. \r\n257. Liability of occupier to pay in default of owner. (1) If any such notice as is referred to \r\nin section 256 has been given to any person in respect of property of which he is the owner, the 1[Board] \r\nmay require any occupier of such property or of any part thereof to pay to it, instead of to the owner, \r\nany rent payable by him in respect of such property, as it falls due, up to the amount recoverable from \r\nthe owner under section 256: \r\nProvided that, if the occupier, on application made to him by the 1[Board], refuses truly to \r\ndisclose the amount of his rent or the name or address of the person to whom it is payable, the 1[Board], \r\nmay recover from the occupier the whole amount recoverable under section 256. \r\n(2) Any amount recovered from an occupier instead of from an owner under sub‑section (1) \r\nshall, in the absence of any contract between the owner and the occupier to the contrary, be deemed to \r\nhave been paid to the owner. \r\n258. Relief to agents and trustees. (1) Where any person, by reason of his receiving the rent \r\nof immoveable property as an agent or trustee, or of his being as an agent or trustee the person who \r\nwould receive the rent if the property were let to a tenant, would under this Act be bound to discharge \r\nany obligation imposed on the owner of the property for the discharge of which money is required, he  \r\nshall not be bound to discharge the obligation unless he has, or but for his own improper act or default \r\nmight have had, funds in his hands belonging to the owner sufficient for the purpose. \r\n(2) The burden of proving any fact entitling an agent or trustee to relief under sub‑section (1) \r\nshall lie upon him. \r\n(3) Where any agent or trustee has claimed and established his right to relief under this section, \r\nthe 1[Board] may, by notice in writing, require him to apply to the discharge of such obligation as \r\naforesaid the first monies which may come to his hands on behalf, or for the use, of the owner, and, on \r\nfailure to comply with the notice, he shall be deemed to be personally liable to discharge the obligation. \r\n \r\n1Subs. by Act No. XXIV of 1936, s. 69. \r\n2Ins. by Act No. XLVII of 2023, s.77.  \r\n \r\nPage 120 of 137 \r\n \r\n1[259. Method of recovery. __(1) Notwithstanding anything elsewhere contained in this Act, \r\narrears of any tax and any other money recoverable by a Board under this Act may be recovered \r\ntogether with the cost of recovery either by suit or, on application to a Magistrate having jurisdi ction \r\nin the cantonment or in any place where the person from whom such tax or money is recoverable may \r\nfor the time being be residing . by the distress and sale of any moveable property 2[, or by sealing, \r\nattachment and sale of immovable property of] , such person which is within the limits of such \r\nMagistrate’s jurisdiction, and shall, if payable by the owner of any property as such, be a charge on \r\nthe property until paid: \r\nProvided that the tools of artisans shall be exempt from such distress or sale. \r\n(2) An application to a Magistrate under sub‑section (1) shall be in writing and shall be signed \r\nby the President or Vice­President of the Board or by the Executive Officer, but shall not require to be \r\npersonally presented.] \r\nCommittees of Arbitration. \r\n260. Application for a Committee of Arbitration. In the event of any disagreement as to the \r\nliability of a 1[Board] to pay any compensation under this Act, or as to the amount of any compensation \r\nso payable, the person claiming such compensation may apply to the 1[Board] for the reference of the \r\nmatter to a Committee of Arbitration, and the 1[Board] shall forthwith proceed to convene a Committee \r\nof Arbitration to determine the matter in dispute. \r\n261. Procedure for convening Committee of Arbitration. When a Committee of Arbitration \r\nis to be convened, the 1[Board] shall cause a public notice to be published stating the matter to be  \r\ndetermined, and shall forthwith send copies of the order to the District Magistrate, and to the other \r\nparty concerned, and shall,  as soon as may be, nominate such members of the Committee, as it is \r\nentitled to nominate under section 262, and, by notice in writing, call upon the other persons who are \r\nentitled to nominate a member or members of the Committee to nominate such member or members \r\nin accordance with the provisions of that section. \r\n262. Constitution of Committee of Arbitration . (1) Every Committee of Arbitration shall \r\nconsist of five members, namely:__ \r\n(a) a Chairman who shall be a person not in the service of the 3[State] or the \r\n1[Board], and who shall be nominated by the 4[Officer Commanding the station] \r\n; \r\n(b) two persons nominated by the 1[Board] ; and \r\n(c) two persons nominated by the other party concerned, 1[* * *]. \r\n(2) If the 1[Board] or the other party concerned or the 4[Officer Commanding the station] fails \r\nwithin seven days of the date of issue of the notice referred to in section 261 to make any nomina tion \r\nwhich it or he is entitled to make or, if any member who has been so nominated neglects or refuses to  \r\n \r\n \r\n1Subs. and omitted by Act No. XXIV of 1936, ss. 61, 69 and 62. \r\n2Subs. by Act No. XLVII of 2023, s.78. \r\n3Subs. by Central Laws (Adaptation) Order, 1961 (P.O No. 1 of 1961), Art. 2 and Sch. (with effect from the 23rd March, 1956). \r\n4Subs. by Act No. VII of 1925, s. 14. \r\n \r\nPage 121 of 137 \r\n \r\nact and the 1[Board] or other person by whom such member was nominated fails to nominate another \r\nmember in his place within seven days from the date on which it or he may be called upon to do so by \r\nthe District Magistrate, the District Magistrate shall forthwith appoint a member or members, as the \r\ncase may be, to fill the vacancy or vacancies. \r\n263. No person to be nominated who has direct interest or whose services are not \r\nimmediately available. (1) No person who has a direct interest in the matter under reference, or whose \r\nservices are not immediately available for the purposes of the Committee, shall be nominated a member \r\nof a Committee of Arbitration. \r\n(2) If, in the opinion of the District Magistrate, any person who has been nominated has a direct \r\ninterest in the matter under reference, or is otherwise disqualified for nomination, or if the services of \r\nany such pe rson are not immediately available as aforesaid, and if the 1[Board] or other person by \r\nwhom any such person was nominated fails to nominate another member within seven days from the \r\ndate on which it or he may be called upon to do so by the District Magist rate, such failure shall be \r\ndeemed to constitute a failure to make a nomination within the meaning of section 262. \r\n264. Meetings and Powers of Committees of Arbitration. (1) When a Committee of \r\nArbitration has been duly constituted, the 1[Board] shall, by notice in writing, inform each of the \r\nmembers of the fact, and the Committee shall meet as soon as may be thereafter. \r\n(2) The Chairman of the Committee shall fix the time and place of meetings, and shall have \r\npower to adjourn any meeting from time to time as may be necessary. \r\n(3) The Committee shall receive and record evidence, and shall have power to administer oaths \r\nto witnesses, and, on requisition in writing signed by the Chairman of the Committee, the District \r\nMagistrate shall issue the necessary proce sses for the attendance of witnesses and the production of \r\ndocuments required by the Committee, and may enforce the said processes as if they were processes \r\nfor attendance or production before himself. \r\n265. Decision of Committees of Arbitration . (1) The decision of every Committee of \r\nArbitration shall be in accordance with the majority of votes taken at a meeting at which the Chairman \r\nand  at least three of the other members are present. \r\n(2) If there is not a majority of votes in favour of any pro posed decision, the opinion of the \r\nChairman shall prevail. \r\n(3) The decision of a Committee of Arbitration shall be final and shall not be questioned in any \r\nCourt. \r\nProsecutions. \r\n266. Prosecution. 1[(1)] Save as otherwise expressly provided in this Act, no Court shall \r\nproceed to the trial of any offence made punishable by or under this Act, other than an offence specified \r\nin Schedule IV, except on the complaint of, or upon information received from, the 1[Board] concerned \r\nor a person authorised by the 1[Board] by a general or special order in this behalf. \r\n \r\n \r\n1Subs. and renumbered by Act No. XXIV of 1936, ss. 69 and 63. \r\n  \r\n \r\nPage 122 of 137 \r\n \r\n1[(2) No offence made punishable under this Act shall be tried by any Magistrate or by any \r\nBench, if such Magistrate or any of the Magistrates composing the Bench is a member of the Board.] \r\n267. Compensation of offence. (1) A 1[Board] or any person authorised by it, by general or \r\nspecial order in this behalf, may, either bef ore or after the institution of the proceedings, compound \r\nany offence made punishable by or under this Act other than an offence under Chapter XIV: \r\nProvided that no offence shall be compoundable which is committed by failure to comply with \r\na notice, order or requisition issued by or on behalf of the 1[Board], unless and until the same has been \r\ncomplied with in so far as compliance is possible. \r\n(2) Where an offence has been compounded, the offender, if in custody, shall be discharged \r\nand no further proceedings, shall be taken against him in respect of the offence so compounded. \r\nGeneral Penalty Provisions. \r\n268. General penalty. Whoever, in any case in which a penalty is not expressly provided by \r\nthis Act, fails to comply with any notice, order or requisition i ssued under any provision thereof, or \r\notherwise contravenes any of the provisions of this Act, shall be punishable with fine which may \r\nextend to two hundred rupees, and, in the case of a continuing failure or contravention, with an \r\nadditional fine which ma y extend to twenty rupees for every day after the first during which he has \r\npersisted in the failure or contravention. \r\n2[268A. Orderly use of building.__(l) No building shall be put to unauthorized use. \r\n(2) Where a building is put to a use in violation of sub-section (l), the executive officer shall \r\nserve a notice allowing seven days for discontinuation of the un-authorized use. \r\n(3) Where a person to whom a notice has been issued under sub-section (2), fails to discontinue \r\nthe unauthorized use, the executive officer may impose upon such person a daily fine of ten thousand \r\nrupees and where the violation continues for thirty days from the date of imposition of fine, the \r\nexecutive officer may seal the building or property which sha ll continue till the recovery of fine and \r\nrestoration of authorized use.] \r\n269. Cancellation and suspension of licences. Where any person to whom a licence has been \r\ngranted under this Act or any agent or servant of such person commits a breach of any of the conditions \r\nthereof, or of any bye‑law made under this Act for the purpose of  regulating the manner or \r\ncircumstances in, or the conditions subject to, which anything permitted by such  licence is to be or \r\nmay be done, the 1[Board] may, without prejudice to any other penalty which may have been incurred \r\nunder this Act, by order in writing, cancel the licence or suspend it for such period as it thinks fit: \r\nProvided that no such order shall be made until an opportunity has been given to the holder of \r\nthe licence to show cause why it should not be made. \r\n270. Recovery of amount payable in respect of damage to cantonment property.  Where \r\nany person has incurred a penalty by reason of having caused any damage to the property of a 1[Board], \r\nhe shall be liable to make good such damage, and the amount payable in respect of the damage shall, \r\nin case of dispute, be determined by the Magis trate by whom the person incurring such penalty is \r\nconvicted, and, on non‑payment of such amount on demand, the same shall be recovered by distress \r\n  \r\n1Added and subs. by Act No. XXIV of 1936, ss. 63 and 69. \r\n2Ins. by Act No. XLVII of 2023, s.79.  \r\n \r\nPage 123 of 137 \r\n \r\nand sale o f the moveable property of such persons, and the Magistrate shall issue a warrant for its \r\nrecovery accordingly. \r\nLimitation. \r\n271. Limitation for prosecution.  No Court shall try any person for an offence made \r\npunishable by or under this Act, after the expiry of six months from the date of the commission of the \r\noffence, unless complaint in respect of the offence has been made to a Magistrate within the six months \r\naforesaid. \r\nSuits. \r\n272. Protection of 1[Board], Executive Officer, etc.  No suit or prosecution shall be \r\nentertained in any Court against any 1[Board] 1[*  *  *] or against any 2[Officer Commanding a station], \r\nor against any member of  a Board, or against any officer or servant of a 1[Board], for anything in good \r\nfaith done, or intended to be done, under this Act or any rule or bye­law made thereunder. \r\n273. Notice to be given of suits. (1) No suit shall be instituted against any 1[Board] or against \r\nany member of a Board, or against any officer or servant of a 1[Board], in respect of any act done, or \r\npurporting to have been done, in pursuance of this Act or of any rule or bye­law made thereunder, until \r\nthe expiration of two months after notice in writing has been left at the office of the 1[Board], and, in \r\nthe case of such member officer or servant, unless notice in writing has also been delivered to him or \r\nleft at his office or place of a bode, and unless such notice states explicitly the cause of action, the \r\nnature of the relief sought, the amount of compensation claimed, and the name and place of abode of \r\nthe intending plaintiff, and unless the plaint contains a statement that such notice has been so delivered \r\nor left. \r\n(2) If the 1[Board], member, officer or servant has, before the suit is instituted, tendered \r\nsufficient amends to the plaintiff, the plaintiff shall not recover any sum in excess of the amount so \r\ntendered, and shall also pay all costs incurred by the defendant after such tender. \r\n(3) No suit, such as is described in sub‑section (1), shall, unless it is an action for the recovery \r\nof immoveable property or for a declaration of title thereto, be instituted after the expiry of six months \r\nfrom the date on which the cause of action arises. \r\n(4) Nothing in sub‑section (1) shall be deemed to apply to a suit in which the only relief claimed \r\nis an injunction of which the object would be defeated by the giving of the notice or the postponement \r\nof the institution of the suit or proceeding. \r\n \r\nAppeals and Revision. \r\n \r\n274. Appeals from executive orders. (1) Any person aggrieved by any order described in the \r\nsecond column of Schedule V may appeal to the authority specified in that behalf in the third column \r\nthereof. \r\n(2) No such appeal shall be admitted if it is made after the expiry of the period specified in that \r\nbehalf in the fourth column of the said Schedule. \r\n(3) The period specified as aforesaid shall be computed in accordance with the provi sions of \r\nthe Limitation Act, 1908 (IX of 1908), with respect to the computation of periods of limitation there­ \r\nunder. \r\n1Subs. and repealed by Act No. XXIV of 1936, ss. 69 and 64. \r\n2Subs. by Act No. VII of 1925, s. 11. \r\n \r\n \r\nPage 124 of 137 \r\n \r\n275. Petition of appeal . (1) Every appe al under section 274 shall be made by petition in writing \r\naccompanied by a copy of the order appealed against. \r\n(2) Any such petition may be presented to the authority which made the order against which the \r\nappeal is made, and that authority shall be bound to forward it to the appellate authority, and may attach \r\nthereto any report which it may desire to make by way of explanation. \r\n276. Suspension of action pending appeal.  On the admission of an appeal from an order, other \r\nthan an order contained in a notice issued under clause (a) of section 137, section 140, section 176, or \r\nsection 238, all proceedings to enforce the order and all prosecutions for any contravention thereof shall be \r\nheld in abeyance pending the decision of the appeal, and, if the order is set  aside on appeal, disobedience \r\nthereto, shall not be deemed to be an offence. \r\n277. Revision. 1[* * * * * * *] \r\n1[(1)] Where an appeal from an order made by the 2[Board] has been disposed of by the 3[Regional \r\nDirector] 2[either party to the proceedings] may, within thirty days from the date thereof, apply, through \r\nthe 4[Competent Authority] to the 3[Director General], or to such authority as the 3[secretary administrative \r\ndivision] may appoint in this behalf, for a revision of the decision. \r\n1[(2)] The provisions of this Chapter with respect to appeals shall apply, as far as may be, to \r\napplications for revision made under this section. \r\n278. Finality of appellate orders.  Save as otherwise provided in section 277 every order of an \r\nappellate authority shall be final. \r\n279. Right of appellant to be heard.  No appeal shall be decided under this Chapter unless the \r\nappellant has been heard, or has had a reasonable opportunity of being heard in person or through a legal \r\npractitioner. \r\n_______ \r\nCHAPTER XVI.  \r\nRULES AND BYE‑LAWS. \r\n280. Power to make rules. (1) The 5[Federal Government] may, after previous publication, make  \r\nrules to carry out the purposes and objects of this Act. \r\n(2) In particular, and without prejudice to the generality of the foregoing power, such rules may \r\nprovide for all or any of the following matters, namely :__ \r\n(a) the manner in which, and the authority to which, application for permission to \r\noccupy land belonging to 6[the Government] in a cantonment is to be made ; \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n1Omitted and re­numbered by Act No. XXXV of 1926, s. 9. \r\n2Subs. by Act No. XXIV of 1936, ss. 69 and 65. \r\n3Subs. by Act No. XLVII of 2023, s. 80. \r\n4Subs. by Ordinance No. XLIV of 1979, s. 2. \r\n5Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.  \r\n6Subs. by A.O., 1961, Art. 2 (with effect from the 23rd March, 1956). \r\n \r\nPage 125 of 137 \r\n \r\n(b) the authority by which such permission may be granted and the conditions to \r\nbe annexed to the grant of any such permission ; \r\n1[(ba)  the classification, reclassification, sub -classification, usage, disposal, transfer, \r\nmanagement or administration of land vested in the Federal Government \r\nincluding military lands;] \r\n2[(bb) the allotment to a 3[Board] of a share of the rents and profits accruing from \r\nproperty entrusted to its management under the provisions of section 116A ;] \r\n(c) the appointment, control, supervision, 4[conditions of service, transfer,] \r\nsuspension, removal, dismissal and punishment of servants of 3[Boards] ; \r\n(cc) 5[* * * * * * *] \r\n \r\n(d) the circumstances in which security shall be demanded from servants of \r\n3[Boards] and the amount and nature of such security ; \r\n(e) the grant of leave, absentee or acting allowance to servants of 3[Boards]; \r\n(f) the creation and management of Provident Funds, and the circumstances in \r\nwhich, and the conditions subject to which, contributions thereto shall be made \r\nfrom cantonment funds and by servants of 3[Boards] ; \r\n(g) the keeping of accounts by 3[Boards] and the manner in which such accounts \r\nshall be audited and published ; \r\n(h) the definition of the persons by whom, and the manner in which, money may be \r\npaid out of a cantonment fund ; \r\n(hh) 3[* * * * * * *] \r\n(i) the preparation of estimates of income and expenditure by 3[Boards] and the \r\ndefinition of the persons by whom, and the conditions subject to which, such \r\nestimates may be sanctioned ; \r\n(j) the regulation of the procedure of Committees of Arbitration ; and \r\n(k) the prescribing of registers, statements and forms to be used and maintained by \r\nany authority for the purposes of this Act. \r\n281. Supplemental provisions respecting rules.  (1) A rule under section 280 may be made \r\neither generally for all cantonments or for the whole or any part of any one or more cantonments. \r\n \r\n \r\n \r\n \r\n1Ins. by Act No. XLVII of 2023, s. 81. \r\n2Ins. by Act No. VII of 1925, s. 12. \r\n3Subs. and omitted by Act No. XXIV of 1936, ss. 69 and 66. \r\n4Ins. by Act No. XXIII of 1953, s. 2. \r\n5Omitted by Act No. XXV of 1952, s. 3. \r\n  \r\n \r\nPage 126 of 137 \r\n \r\n(2) All rules so made shall be published in the 1[official Gazette] and in such other manner, if \r\nany, as the 2[Federal Government] may direct and, on such publication, shall have effect as if enacted \r\nin this Act. \r\n3[281A. Power to make regulations relating to military lands.__Subject to the provisions of \r\nthis Act and the rules made thereunder, the Federal Government by way of regulations may apportion \r\nthe military lands, determine the usages of the military lands and all other matters connected with and \r\nincidental thereto.] \r\n282. Power to make bye­laws.  Subject to the provisions of this Act and of the rules made \r\nthereunder, a 4[Board] may, in addition to any bye‑laws which it is empowered to make by any other \r\nprovision of this Act, make bye‑laws to provide for all or any of the following matters in the \r\ncantonment, namely :__ \r\n(1) the registration of births, deaths and marriages, and the taking of a census ; \r\n(2) the enforcement of compulsory vaccination ; \r\n3[(3) the regulation of the collection and recovery of taxes, development charges, tolls and fees \r\nunder this Act and the refund thereof;] \r\n(4) the regulation or prohibition of any description of traffic in the streets ; \r\n(5) the manner in which vehicles  3[parking,] standing, driven, led or propelled in the streets \r\nbetween sunset and sunrise shall be lighted ; \r\n(6) the seizure and confiscation of ownerless animals straying within the limits of the \r\ncantonment ; \r\n(7) the prevention and extinction of fire ; \r\n(8) the construction of scaffolding for building operations to secure the safety of the general \r\npublic and of persons working thereon ; \r\n(9) the regulation in any manner not specifically provided for in this Act of the construction, \r\nalteration, maintenance, preservation , cleaning, and repairs of drains, ventilation‑shafts, pipes, \r\nwater‑closets, privies, latrines, urinals, cesspools and other drainage works ; \r\n(10) the regulation of prohibition of the discharge into, or deposit in, drains or sewage, polluted \r\nwater and other offensive or obstructive matter ; \r\n(11) the regulation or prohibition of the stabling or herding of animals, or of any class of \r\nanimals, so as to prevent danger to public health ; \r\n(12) the proper disposal of corpses, the regulation and management of burial and burning places \r\nand other places for the disposal of corpses, and the fees chargeable for the use of such places where \r\nthe same are provided or maintained by Government or at the expense of the cantonment fund ; \r\n \r\n1Subs. by A.O., 1937. \r\n2Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.  \r\n3Ins. and subs. by Act No. XLVII of 2023, ss. 82 and 83. \r\n4Subs. by Act No. XXIV of 1936, s. 69. \r\n \r\n \r\nPage 127 of 137 \r\n \r\n(13) the permission, regulation or prohibition of the use or occupation of any street or place by \r\nitinerant vendors or by any person for the sale of articles or the exercise of any calling or the setting \r\nup of any booth or stall, and the fees chargeable for such use or occupation ; \r\n(14) the regulation and control of encamping grounds , pounds, washing‑places, serais, hotels, \r\ndak‑bungalows, lodging‑houses, boarding‑houses, buildings let in tenements, residential clubs, \r\nrestaurants, eating­houses, cafes, refreshment‑rooms and places of public recreation, entertainment or \r\nresort ; \r\n(15) the regulation of the ventilation, lighting, cleansing, drainage and water‑supply of the \r\nbuildings used for the manufacture or sale of aerated or other potable waters and of butter, milk, \r\nsweetmeats and other articles of food or drink for human consumption ; \r\n(16) the matters regarding which conditions may be imposed by licences granted under section \r\n210 ; \r\n(17) the control and supervision of places where dangerous or offensive trades are carried on \r\nso as to secure cleanliness therein or to minimise any injurious, offensive or dangerous effects arising \r\nor likely to arise therefrom ; \r\n(18) the regulation of the erection of any enclosure, fence, tent, awning or other temporary \r\nstructure of whatsoever material or nature 1[BTS tower] on any land situated within the cantonment  \r\n1[except on military lands] ; \r\n  (19) the laying out of streets, and t he regulation and prohibition of the erection of buildings \r\nwithout adequate provision being made for the laying out and location of streets ; \r\n(20) the regulation of the use of public parks and gardens and other public places, and the \r\nprotection of avenues, trees, grass and other appurtenances of streets and other public places ; \r\n(21) the regulation of the grazing of animals ; \r\n(22) the fixing and regulation of the use of public bathing and washing places ; \r\n(23) the regulation of the posting of bills and adve rtisements, and of the position, size, shape \r\nor style of name‑boards, sign‑boards and sign‑posts ; \r\n(24) the fixation of a method for the sale of articles whether by measure, weight, piece or any \r\nother method ; \r\n(25) the rendering necessary of licences within the cantonment__ \r\n(a) for persons working as job porters for the conveyance of goods ; \r\n(b) for animals or vehicles let out on hire ; \r\n(c) for the proprietors or drivers of vehicles, boats or other conveyances, or of \r\nanimals kept or plying for hire ; 2[*] \r\n \r\n1Ins. by Act No. XLVII of 2023, s. 83. \r\n2Omitted by Act No. XV of 1942, s. 12. \r\n \r\n \r\nPage 128 of 137 \r\n \r\n(d) for persons impelling or carrying such vehicles or other conveyances ; 1[or \r\n(e) for persons practising as nurses, midwives or dias ;] \r\n(26) the prescribing of the fee payable for any licence required under clause (25), and of the \r\nconditions subjects to which such licences may be granted, revised, suspended or withdrawn ; \r\n(27) the regulation of the charges to be made for the services of such job porters and of the hire \r\nof such animals, vehicles or other conveyances, and for the remuneration of persons impelling or \r\ncarrying such vehicles or conveyances as are referred to in clause (25) ; \r\n(28) the regulation or prohibition, for purposes of sanitation or the prevention of disease or the \r\npromotion of public safety or convenience, of any act which occasions or is likely to occasion a \r\nnuisance, and for the regulation or prohibition of which no provision is made elsewhere by or under \r\nthis Act ; \r\n(29) the circumstances and the manner in which owners of buildings or land in the cantonment, \r\nwho are temporarily absent from, or are not resident in, the cantonment, may be required to appoint as \r\ntheir agents, for all or any of the purposes of this Act or of any rule or bye‑law made thereunder,  \r\npersons residing within or near the cantonment ; \r\n(30) the prevention of the spread of infectious or contagious diseases within the cantonment ; \r\n(31) the seggregation in or the removal and exclusion from, the cantonment, or the destruction, \r\nof animals suffering or reasonably suspected to be suffering from any infectious or contagious disease \r\n; \r\n(32) the supervision, regulation, conservation and protection  from injury, contamination or \r\ntrespass of sources and means of public wa ter‑supply and of appliances for the distribution of water \r\nwhether within or without the limits of the cantonment ; \r\n(33) the manner in which connections with water‑work may be constructed or maintained, and \r\nthe agency which shall or may be employed for such construction and maintenance ; \r\n(34) the regulation of all matters and things relating to the supply and use of water including \r\nthe collection and recovery of charges therefor and the prevention of evasion of the same ; \r\n(35) the maintenance of schools, and the furtherance of education generally ; \r\n(36) the regulation or prohibition of the cutting or destruction of trees or shrubs, or of the \r\nmaking of excavations, or of the removal of soil or quarrying, where such regulation or prohibition \r\nappears to the 2[Board] to be necessary for the maintenance of a water‑supply, the preservation of the \r\nsoil, the prevention of landslips or of the formation of ravines or torrents, or the protection of land \r\nagainst erosion or against the deposit thereon of sand, gravel or stones ; \r\n(37) the rendering necessary of licences for the use of premises within the cantonment as stables \r\nor cowhouses or as accommodation for sheep, goats or fowls ; \r\n(38) the control of the use in the cantonment of mechanical whistles, syrens or trumpets ; 3[*] \r\n1Added by Act No. XV of 1942, s. 12. \r\n2Subs. by Act No. XXIV of 1936, s. 69. \r\n3Omitted by Act No. XLVII of 2023, s. 83. \r\n  \r\n \r\nPage 129 of 137 \r\n \r\n(39) generally for the regulation of the administration of the cantonment under this Act 1[;] \r\n1[(40) subject to the provisions of this Act and the rules made thereunder, a Board may, in \r\naddition to any bye-laws which it is empowered to make by any other provision of this Act, make bye-\r\nlaws to provide for all or any of the following matters in the cantonment, namely, residential, \r\ncommercial, industrial and any other scheme, etc.; and \r\n(41) attachment and sale of immovable property.] \r\n283. Penalty for breach of bye­laws. Any bye‑law made by a 2[Board] under this Act may \r\nprovide that a contravention thereof shall be punishable__ \r\n(a) with fine which may extend to 1[fifty thousand] rupees ; or \r\n(b) with fine which may extend to 1[five thousand] rupees and, in the case of a \r\ncontinuing contravention, with an additional fine which may extend to 1[two \r\nhundred] rupees for every day during which such contravention continues after \r\nconviction for the first such contravention ; or \r\n(c) with fine which may extend to 1[one thousand] rupees for every day during \r\nwhich the contravention continues after the receipt of a notice from the 2[Board] \r\nby the person contravening the bye‑law requiring such person to discontinue \r\nsuch contravention. \r\n284. Supplemental provisions regarding bye­laws. 1[(1) Any power to make bye‑laws in \r\nrespect of a cantonment conferred by this Act shall be subject to the condition of previous publication \r\nand confirmation by the administrative division and publication in the official Gazette.] \r\n(2) 1[*  * * * * * *] \r\n(3) The 1[secretary of the administrative division ] may, after previous publication of its \r\nintention, cancel any bye‑law which it has confirmed, and thereupon the bye‑law shall cease to have \r\neffect. \r\n285. Rules and bye­laws to be available for inspection and purchase. (1) A copy of all rules \r\nand bye‑laws made under this Act shall be kept at the office of the 2[Board] and shall, during office \r\nhours, be open free of charge to inspection by any inhabitant of the cantonment. \r\n(2) Copies of all such rules and bye‑laws shall be kept at the office of the 2[Board], 2[and shall \r\nbe sold to the public at cost price singly, or in collections at the option of the purchaser]. \r\n_______ \r\nCHAPTER XVII.  \r\nSUPPLEMENTAL PROVISIONS. \r\n286. Extension of certain provisions of the Act and rules to places beyond cantonments.  \r\nThe 3[Federal Government] may, by notification in the 4[official Gazette], and subject to any conditions \r\nas  to  compensation  or  otherwise  which  it thinks  fit  to  impose,  extend  to  any  area  beyond  a \r\n1Subs., added and omitted by Act No. XLVII of 2023, ss. 83, 84 and 85. \r\n2Subs. by Act No. XXIV of 1936, ss. 69 and 67. \r\n3Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.  \r\n4Subs. by A.O. 1937. \r\n \r\n \r\nPage 130 of 137 \r\n \r\ncantonment and in the vicinity thereof, with or without restriction or modification, any of the \r\nprovisions of Chapters IX, X, XI, XII, XIII, X IV and XV or of any rule  1[, regulations] or bye‑law \r\nmade under this Act for the cantonment which relates to the subject‑matter of any of those Chapters  \r\n1[or any regulations made under this Act as may be deemed appropriate by the Federal Government \r\nfor the purposes of armed forces,], and every enactment, rule or bye‑law so extended shall thereupon \r\napply to that area as if the area were included in the cantonment. \r\n2[286A. Power to delegate functions of Executive Officer.  The 3[Board] may empower any \r\nof its members or officers to exercise or perform in the absence of the Executive Officer from the \r\ncantonment all or any of such powers or duties of an Executive Officer under this Act as the 4[Federal \r\nGovernment] may, by notification in the 5[official Gazette], specify in this behalf.] \r\n6[286B. Delegation of powers. __(1) The Federal Government may, by notification in the \r\nofficial Gazette, delegate any of its powers under this Act or the rules made thereunder to any officer \r\nsubordinate to it subject to such conditions or limitations as may be specified in the notification. \r\n(2) The Board may, with the prior approval of the 1[the administrative division], by resolution, \r\ndelegate all or any of its powers under t his Act or the rules made t hereunder to any of its officers \r\nsubject to such conditions or limitations as may be specified, in the resolution.] \r\n287. Registration. (1) Paragraphs 2 and 3 of section 54, and sections 69, 107 and 123 of the \r\nTransfer of Property Act, 1882 (IV of 1882), with respect to the transfer of property by registered \r\ninstrument, shall, on and from the commencement of this Act, extend to every cantonment. \r\n7[(2) The Registrar or Sub‑Registrar of the district or sub­district formed for the purposes of \r\nthe Registration Act, 1908 (XVI of 1908), in which any cantonment is situated, shall, 8[when any \r\ndocument relating to immoveable property within the cantonment is registered, send information of \r\nthe registration] forthwith to the 3[Board] or such other authority as  the 4[Federal Government] may \r\nprescribe in this behalf.] \r\n288. Validity of notices and other documents.  No notice, order, requisition, licence, \r\npermission in writing or other such document issued under this Act shall be invalid merely by reason \r\nof any defect of form. \r\n289. Admissibility of document or entry as evidence.  A copy of any receipt, application, \r\nplan, notice, order or other document or of any entry in a register, in the possession of a 3[Board] shall, \r\nif duly certified by the legal keeper thereof o r other person authorised by the 3[Board] in this behalf, \r\nbe admissible in evidence of the existence of the document or entry, and shall be admitted as evidence \r\nof the matters and transactions therein recorded in every case where, and to the same extent to which, \r\nthe original document or entry would, if produced, have been admissible to prove such matters. \r\n \r\n \r\n1Ins. and Subs. by Act No. XLVII of 2023, ss. 86 and 87. \r\n2Ins. by Act No. VII of 1931, s. 8. \r\n3Subs. by Act No. XXIV of 1936, s. 69. \r\n4Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.  \r\n5Subs. by A.O., 1937. \r\n6Ins. by Ordinance No. XLIV of 1979, s. 11. \r\n7Subs. by Act No. XXXV of 1926, s. 11. \r\n8Subs. by the Repealing and Amending Act, 1927 (Act No. X of 1927), s. 2 and 1st Sch.  \r\n  \r\n \r\nPage 131 of 137 \r\n \r\n290. Evidence by officer or servant of the Board. No officer or servant of a 1[Board] shall, \r\nin any legal proceeding to which the 1[Board] is not a party, be required to produce any register or \r\ndocument the contents of which can be proved under section 289 by a certified copy, or to appear as a \r\nwitness to prove any matter or transaction recorded therein save by order of the Court made for special \r\ncause. \r\n291. Application of Act IV of 1899. For the purposes of the Government Buildings Act, 1899 \r\n(IV of 1899), cantonments and 1[Boards] shall be deemed to be municipalities and municipal \r\nauthorities respectively. \r\n292. 2[Repealed]  \r\n3[292A. Repeal and saving.__(1) The following laws are hereby repealed, namely:— \r\n(a) the Cantonments Ordinance, 2002 (CXXXVII of 2002); and \r\n(b) the Cantonments Local Government (Elections) Ordinance, 2002 (LXXIX of \r\n2002). \r\n(2) The repeal of of laws under sub-section (1) shall not— \r\n(a) revive anything n ot in force or existing at the time at which the repeal takes \r\neffect; or \r\n(b) affect the previous operation of any enactment so repealed or anything duly \r\ndone or suffered thereunder; or \r\n(c) affect any right, privilege, obligation or liability acquired, accrued or incurred \r\nunder any enactment so repealed; or \r\n(d) affect any penalty, forfeiture or punishment incurred in respect of any offence \r\ncommitted against any enactment so repealed; or \r\n(e) affect any investigation, legal proceeding or remedy in respect of any such right, \r\nprivilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; \r\nand any such investigation, legal proceeding or remedy may be instituted, continued or \r\nenforced, and any such penalty, forfeiture or punishment may be imposed as if t he \r\nCantonments (Amendment) Act, 2023 ( of 2023) had not been passed. \r\n(3) On repeal of the laws under sub-section (1), unless it is otherwise expressly provided, any \r\nappointment, notification, order, scheme, rule, form or bye-law made or issued under the said repealed \r\nlaws shall, so far as it is not inconsistent with the provisions of this Act, continue in force, and be \r\ndeemed to have been made or issued under the provisions of this Act, unless and until it is superseded \r\nby any appointment, notification, ord er, scheme, rule, form or bye -law made or issued under the \r\nprovisions of this Act.] \r\n \r\n1Subs. by Act No. XXIV of 1936, s. 69. \r\n2Repealed by the Repealing and Amending Act, 1927 (Act No. X of 1927), s. 2 and 1st Sch.  \r\n3Ins. by Act No. XLVII of 2023, s.88. \r\n \r\n  \r\n \r\nPage 132 of 137 \r\n \r\nSCHEDULE­I \r\nNOTICE OF DEMAND. \r\n(See section 91.) \r\nTo  \r\nresiding at \r\nTake notice that the 1[Board] demands from   the sum of \r\ndue from   on account of   (here describe the property, occupation, \r\ncircumstance or thing in respect of which the sum is payable) leviable under         for the \r\nperiod of  commencing on the  day of  19     , and ending on the  \r\nday of   19    , and that if, within thirty days from the service of this notice, the said sum is not \r\npaid to the 1[Board] at   , or sufficient cause for non­payment is not shown to the \r\nsatisfaction of the Executive Officer, a 2[warrant of distress , seal, attachment] will be issued for the \r\nrecovery of the same with costs. \r\nDated this   day of    19 \r\n(Signed) \r\n \r\nExecutive Officer,  \r\nCantonment. \r\n \r\n___________ \r\n2[SCHEDULE­II  \r\nFORM OF WARRANT \r\n(See section 92) \r\n(Here insert the name of the officer charged with the execution of the warrant) \r\nWhereas A. B. of _________________has not paid, and has not shown satisfactory cause for \r\nthe non‑payment of the sum due on account of _______________ (Here describe the liability) for the \r\nperiod of__________________ commencing on the _______________ day of __________ 20 ____ , \r\nand ending with the ______________ day of 20____ , which sum is leviable under \r\n____________;_____________ \r\n And whereas thirty days have elapsed since the service on him of notice of demand for the \r\nsame ; \r\nThis is to command you to__ \r\n(a) Distrain, subject to the provision of the Cantonments Act, 1924, the moveable \r\nproperty of the said A. B.  to the amount of the said sum of Rs._________ ; and \r\nforthwith to certify to me, together with this warrant, all particulars of the \r\nproperty seized by you thereunder. \r\n \r\n1Subs. by Act No. XXIV of 1936, s. 69. \r\n2Subs. by Act No. XLVII of 2023, ss. 89 and 90. \r\n  \r\n \r\nPage 133 of 137 \r\n \r\n(b) Attach  /  seize the account held in the name of the said Mr. ____________             \r\n(CNIC# _______________________ and to transfer the default ed amount of \r\nRs._______________ to the account No. ____________ of CB____________                   \r\nforthwith under intimation to me. \r\nDated   this ______________ day   of ______________ 20______ \r\n \r\n(Signed) \r\nExecutive Officer Cantonment.] \r\n___________ \r\n \r\nSCHEDULE III. \r\nFORM OF INVENTORY OF PROPERTY DISTRAINED AND NOTICE OF SALE. \r\n(See section 93.) \r\n \r\nTo \r\nresiding at \r\n \r\nTake notice that I have this day seized the property specified in the inventory annexed hereto, for the \r\nvalue of  due for the liability * mentioned in the margin for the period commencing with \r\nthe   day of  19     ,    and ending with the day  of 19   , together  \r\nwith Rs.     due for service of notice of demand, and that, unless within seven days from \r\nthe date of the service of this  notice you pay to the 1[Board] the said amount, together with the costs \r\nof recovery, the said property will be sold by public auction. \r\n \r\nDated this   day of   19     . \r\n (Signature of officer executing the warrant) \r\nINVENTORY \r\n(Here state particulars of property seized) \r\n_______ \r\n \r\n \r\nSCHEDULE IV. \r\nCASES IN WHICH POLICE MAY ARREST WITHOUT WARRANT. \r\n(See section 250.) \r\n \r\n1 \r\nSection \r\n2 \r\nSubject \r\n \r\n118 (1) (a) (i)             .. \r\n167   ..         .. \r\nPART A. \r\nDrunkenness. etc. \r\nMaking or selling of food, etc., or washing of clothes, by infected person.  \r\n \r\n \r\n \r\n1Subs. by Act No. XXIV of 1936, s. 69. \r\n*Here describe the liability. \r\n \r\nPage 134 of 137 \r\n \r\n1 \r\nSection. \r\n2 \r\nSubject. \r\n PART B. \r\n118 (1) (a) (ii)   .. using threatening or abusive words, etc.  \r\n118 (1) (a) (iii)   .. Indecent exposure of person, etc.  \r\n118 (1) (a) (iv)   .. Begging. \r\n118 (1) (a) (v)   .. Exposing deformity, etc.  \r\n118 (1) (a) (vii)   .. Gaming. \r\n118 (1) (a) (xii)   .. Destroying notice, etc.  \r\n118 (1) (a) (xiii)  .. Breaking direction‑post, etc.  \r\n118 (1) (f)   .. Keeping common gaming‑house, etc.  \r\n118 (1) (g)   .. Beating drum, etc.  \r\n118 (1) (h)   .. Singing, etc., so as to disturb public peace or order.  \r\n119 (6)   .. Letting loose, or setting on, ferocious dog.  \r\n125 ..    .. Discharging fire‑arms, etc., so as to cause danger.  \r\n176 (1) ..   .. Remaining in, or re‑entering, cantonment after notice of expulsion for failure  to attend  hospital \r\nor dispensary. \r\n193 (2) ..   .. Destroying, etc., name of street or number affixed to building. \r\n214 ..    .. Feeding animal on filth, etc.  \r\n236 ..    .. Loitering or importuning for sexual immorality.  \r\n240 (a) ..   .. Remaining in, or returning to, a cantonment after notice of expulsion.  \r\nSCHEDULE V.  \r\n(See section 274.) \r\nAPPEALS FROM ORDERS. \r\n \r\n1 \r\nSection \r\n2 \r\nExecutive Order  \r\n3 \r\nAppellate Authority  \r\n4 \r\nTime allowed for appeal. \r\n126 1[Board’s] notice to 2[remove,] \r\nrepair, protect or enclose a \r\nbuilding, wall or anything affixed \r\nthereto, or well, tank, reservoir, \r\npool, depression or excavation. \r\n3[Compete Authority] 1[, or \r\nother authority authorized in this \r\nbehalf by the 4[Federal \r\nGovernment]].  \r\nThirty days from \r\nservice of notice.  \r\n \r\n1Subs. and ins. by Act No. XXIV of 1936, ss.69 and 68. \r\n2Ins.by the Repealing and Amending Act, 1939 (Act No. XXXIV of 1939), s. 2 and 1st Sch. \r\n3Subs. by Ordinance No. XLIV of 1979, s. 2. \r\n4Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.  \r\n \r\nPage 135 of 137 \r\n \r\nSCHEDULE V.­ contd. \r\n \r\n1 \r\n \r\nSection. \r\n2 \r\n \r\nExecutive Order. \r\n3 \r\n \r\nAppellate Authority. \r\n4 \r\n \r\nTime allowed for appeal.  \r\n134 1[Board’s ] notice to fill \r\nup well, tank, etc., or to \r\ndrain off or remove \r\nwater. \r\n2[Competent Authority] \r\n1[, or other authority \r\nauthorized in this behalf \r\nby the 3[Federal \r\nGovernment]]. \r\nThirty days from service \r\nof notice. \r\n5[* * * * * * * * * *] \r\n140 1[Board’s] notice \r\nrequiring a building to be \r\nrepaired or altered so as \r\nto remove sanitary \r\ndefects. \r\n2[Competent Authority] \r\n1[, or other authority \r\nauthorized in this behalf \r\nby the 3[Federal \r\nGovernment, ]].  \r\nThirty days from service \r\nof notice. \r\n176 Order of 5[Officer \r\nCommanding the station] \r\non report of Medical \r\nOfficer, directing a \r\nperson to remove from \r\nthe cantonment and \r\nprohibiting him from re­ \r\nentering it without \r\npermission. \r\n2[Competent Authority] \r\n1[, or other authority \r\nauthorized in this behalf \r\nby the 3[Federal \r\nGovernment, ]].  \r\nThirty days from service \r\nof notice. \r\n181 1[Board’s] refusal to \r\nsanction the erection or \r\nre­erection of a building.  \r\n2[Officer Commanding­ \r\nin­Chief, the Command] \r\n1[, or other authority \r\nauthorized in this behalf \r\nby the 3[Federal \r\nGovernment, ]].  \r\n1[Thirty days from the \r\ndate on which the refusal \r\nshall have been \r\ncommunicated to the \r\nperson applying for \r\nsanctions]. \r\n \r\n \r\n \r\n \r\n1Subs. and ins. by Act No. XXIV of 1936, ss. 69 and 68. \r\n2Subs. by Ordinance No. XLIV of 1979, s. 2. \r\n3Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.  \r\n4Omitted by Act No. XXXI of 1940, s. 8. \r\n5Subs. by Act No. VII of 1925, s. 13. \r\n \r\n \r\n  \r\n \r\nPage 136 of 137 \r\n \r\nSCHEDULE V.­contd. \r\n \r\n1 \r\n \r\nSection. \r\n2 \r\n \r\nExecutive Order. \r\n3 \r\n \r\nAppellate Authority. \r\n4 \r\n \r\nTime allowed for appeal . \r\n185 1[Board’s] notice to alter \r\nor demolish a building.  \r\n2[Competent Authority] \r\n1[, or other authority \r\nauthorized in this behalf \r\nby the 3[Federal \r\nGovernment]]. \r\nThirty days from service \r\nof notice. \r\n188 1[Board’s] notice to pull \r\ndown or otherwise deal \r\nwith a building newly \r\nerected or rebuilt without \r\npermission over a sewer, \r\ndrain, culvert, water­ \r\ncourse or waterpipe.  \r\n2[Competent Authority] \r\n1[, or other authority \r\nauthorized in this behalf \r\nby the 3[Federal \r\nGovernment, ]].  \r\nThirty days from service \r\nof notice. \r\n206 1[Board’s] notice \r\nprohibiting or restricting \r\nthe use of a slaughter­ \r\nhouse. \r\n2[Competent Authority] \r\n1[,or other authority \r\nauthorized in this behalf \r\nby the 3[Federal \r\nGovernment, ]].  \r\nTwenty­one days from \r\nservice of notice.  \r\n238 Magistrate’s notice \r\ndirecting disorderly \r\nperson to remove from \r\ncantonment and \r\nprohibiting him from re­ \r\nentering it without \r\npermission. \r\nDistrict Magistrate  Thirty days from service \r\nof notice. \r\nSCHEDULE VI. 4[Repealed]. \r\n5[SCHEDULE VII \r\n[see section 60] \r\n(a) Tax on annual rental value of immovable property; \r\n(b) tax on transfer of immovable property; \r\n(c) professional tax; \r\n \r\n1Subs. and ins. by Act No. XXIV of 1936, ss. 69 and 68. \r\n2Subs. by Ordinance No. XLIV of 1979, s. 2. \r\n3Subs. by the Federal Adaptation of Laws Orders, 1975 (P.O No. 4 of 1975), Art. 2 and Table.  \r\n4Repealed by the Repealing Act No. XII of 1927, s. 2 and schedule.  \r\n5Added by Act No. XLVII of 2023, s.91.  \r\n  \r\n \r\nPage 137 of 137 \r\n \r\n(d) trade tax; \r\n(e) entertainment fee on dramatic and theatrical shows; \r\n(f) water use charges, fee, tax; \r\n(g) drainage charges; \r\n(h) conservancy charges for any building including residential buildings; \r\n(i) fee for approval of building plans, erection and re-erection of buildings; \r\n(j) fee for approval of housing scheme and town planning; \r\n(k) development charges; \r\n(l) conversion charges; \r\n(m) fee for compounding of offence and violations; \r\n(n) fee for change of land use of a land or building as may be prescribed; \r\n(o) fee for licences, sanctions and permits; \r\n(p) fee on the slaughter of animals; \r\n(q)     fee for establishment of private markets; \r\n(r) fee for regulation of advertisement through sign boards, hoardings, cutouts, \r\nneon-signs, pole signs, sky signs and boards, bill boards, directional boards, \r\nbanners, streamers, moppy signs, temporary advertisement structures and stalls, \r\nposters, one  way visions, hot air balloons and blimps, moving vehicles, \r\nelectronic display screens including light emitting diode (led) and surface \r\nmounted device (smd), etc; \r\n(s) toll fee on roads, bridges and ferries maintained by th e respective local \r\ngovernment; \r\n(t) parking fee; \r\n(u) fees on sale of cattle; \r\n(v) fee for services rendered by a Board or any of its officers, agency or company; \r\n(w) fee on installation of base transceiver station (BTS) or tower; \r\n \r\n(x) right of way fee; and \r\n \r\n(y) any other tax or fee or levy which may be imposed in any municipality in the \r\nprovince wherein such cantonment is situated.] \r\n_________ \r\n                                                                                                                            RGN Date: 04-09-2024",
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