Cantonments (House-Accommodation) Act, 1923

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THE CANTONMENTS (HOUSE-ACCOMMODATION) ACT, 1923 
 
 
 
CONTENTS 
CHAPTER I 
 
PRELIMINARY 
1.  Short title, extent and commencement 
2.  Definitions 
CHAPTER II 
 
APPLICATION OF ACT 
3.  Cantonments or parts of cantonments in which Act to be operative 
4.  Saving of written instruments 
CHAPTER III 
 
APPROPRIATION OF HOUSES 
5.  Liability of houses to appropriation 
6.  Conditions on which houses may be appropriated 
7.  Procedure for taking house on lease 
8.  [Repealed] 
9.  Sanction to be obtained before a house is occupied as a hospital, etc.  
10.  Houses not to be appropriated in certain cases 
11.  Time to be allowed for giving possession of house 
12.  Surrender of house when to be enforced 
13.  [Omitted] 
14.  Provision where house is held on long lease by a tenant 
 
 

 
 
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15.  Power for owner to refer to Civil Court on question of rent 
16.  Power for owner to refer to Civil Court on question of repairs 
17.  Power to have repairs executed and recover cost 
18.  Notice to be given of devolution of interest in house in cantonment 
            ___________ 
 
CHAPTER IV 
PROCEDURE IN REFERENCES 
19.  Jurisdiction in references 
20.  Procedure and powers of the Court 
21.  Restriction of scope of inquiry 
CHAPTER V 
 
APPEALS 
29. Appeal to High Court 
30. Appeal to Officer Commanding the District 
31.  Petition of appeal 
32.  Order in appeal final 
33.  Suspension of action pending appeal 
___________ 
 
CHAPTER VI 
 
SUPPLEMENTAL PROVISIONS 
34.  Service of notice and requisitions 
34A.  Computation of periods of limitation 
35.  Power for Federal Government to make rules 
36.  Further provisions respecting rules 
37.  Inapplicability of section 556 of the Code of Criminal Procedure, 1898, to trials of offences 
38.  Protection to persons acting under Act 
39.  [Repealed] 
THE SHEDULE. ___ [REPEALED] 
 
 
 
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THE CANTONMENTS (HOUSE-ACCOMMODATION) ACT, 1923 
ACT NO. VI OF 1923 
[5th March, 1923]  
An Act further to amend and to consolidate the law relating to the provision of house-
accommodation for military officers in cantonments. 
WHEREAS it is expedient further to amend and to consolidate the law relating to the provision 
of house-accommodation for military officers in cantonments; It is hereby enacted as follows:___  
CHAPTER I 
 
PRELIMINARY 
1. Short title, extent and commencement. ___(1) This Act may be called the Cantonments 
(House Accommodation) Act, 1923.  
1[(2) It extends to the whole of Pakistan.]  
(3) It shall come into force on the first day of April, 1923, but it shall not become operative in 
any cantonment or part of a cantonment until the issue, or otherwise than in pursuance, of a notification 
as hereinafter provided by section 3:  
Provided tha t any notificati on made under section 3 of the Cantonments (House -
Accommodation) Act, 1902 (II of 1902), which is in force at the commencement of this Act, shall be 
deemed to be a notification made under section 3 of this Act.  
2. Definitions.___(1) In this Act, unless there is anything repugnant in the subject or context, ___ 
(a)  “Brigade area” means one of the Brigade areas, whether occupied by a brigade 
or not, into which 2[Pakistan] is for military purposes for the time being divided, 
and includes any area which the 3[Federal Government] may, by notification in 
the 3[official Gazette], declare to be a Brigade area for all or any of the purposes 
of this Act;  
(b) 4[* * * * * * *] 
 5[4[(b)] “Cantonment Board” means a Cantonment Board constituted under the 
Cantonments Act, 1924; (II of 1924)] 
 
1Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), s. 3. 
2Subs. by the Adaptation of Central Acts & Ordinances Order, 1949 (Order No. 1 of 1949), s. 3 and Sch. 
3Subs. by Federal Adaption of Laws Order, 1975 (P. O. No. 4 of 1975), Art. 2 and Table.  
4Omitted and re-lettered by Act No. IX of 1930, s. 2. 
5Ins. by Act No. X of 1925, s. 2. 
 
  
 
 
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(c)  “Command” means one of the Commands into which 1[Pakistan] is for military 
purposes for the time being divided, and includes any area which the 2[Federal 
Government] may , by notification in the 2[official Gazette], declare to be a 
Command for all or any of the purposes of this Act;  
(d)  “3[Officer Commanding the station]” means  the Officer for the time being in 
command of the forces in a cantonment 4[or, if that officer is the Officer 
Commanding the District, the military officer who would be in command of  
those forces in the absence of the Officer Commanding the District];  
(e)  “District” means one of the Districts into which 5[Pakistan] is for military 
purposes for the time being divided; it includes a Brigade area which does not 
form part of any such District and any area which the  2[Federal Government] 
may, by notification in the 2[official Gazette], declare to be a District for all or 
any of the purposes of this Act;  
(f)  “house” means a house suitable for occupation by a military officer or a military 
mess, and includes the land and buildings appurtenant to a house;  
(g)  “military officer” means a commissioned or warrant officer of  6[the military or 
air forces of Pakistan ] on military or air -force duty in a cantonment, and 
includes a Chaplain on duty with troops in a cantonment, 3[an officer of the 
Cantonments Department] and any person in Army departmental employment 
whom the Officer Commanding the District may at any tim e, by an order in 
writing, place on the same footing as a military officer for the purposes of this 
Act; 
(h)  “owner” includes the person who is receiving, or is entitled to receive, the rent 
of a house, whether on his own account or on behalf of himself and others or as 
an agent or trustee, or who would so receive the rent, or be entitled to receive it, 
if the house were let to a tenant; and  
(i)  a house is said to be in a state of reasonable repair when___ 
(i)  all floors, walls, pillars and arches are sound and all roofs sound and 
watertight,  
(ii)  all doors and windows are intact, properly painted or oiled, and provided 
with proper locks or bolts or other secure fastenings, and  
(iii)  all rooms, out -houses and other appurtenan t buildings are properly 
colour-washed or white-washed. 
 
1Subs. by Federal Laws (Revision and Declaration) Act, 1951 (XXVI of 1951), s. 4 and Sch. III. 
2Subs. by Adaptation Order, 1937.  
3Subs. by Act No. X of 1925, ss. 2 and 6. 
4Ins. by Act No. IX of 1930, s. 2. 
5Subs. by the Adaptation of Central Acts & Ordinances Order, 1949 (Order No. 4 of 1949), Art. 3 and Sch.  
6Subs. by the Central Laws (Adaptation) Order, 1961 (P.O. No. 1 of 1961), Art. 2 and Sch.  
  
 
 
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(2) If any question arises whether any land or building is appurtenant to a house, it shall be 
decided by the 1[Officer Commanding the station] whose decision thereon shall, subject to revision by 
the 2[Collector], be final.   
      __________ 
 
CHAPTER II 
 
APPLICATION OF ACT 
3. Cantonments or parts of cantonments in which Act to be operative.___(1) The 3[Federal 
Government], 3[* * *] may, by notification in the 4[official Gazette], declare this Act to be operative 
in any cantonment or part of a cantonment 3[* * *], 4[* * *].  
(2) Before issuing a notification under sub-section (1) in respect of any cantonment or part of 
a cantonment, the 3[Federal Government] shal l cause local inquiry to be made with a view to 
determining whether it is expedient to issue such notification, and what portion (if any) of the area 
proposed to be included therein should be excluded therefrom.  
 
4[4. Saving of written instruments. Nothing in this Act shall affect the provisions of any 
written 6[Government] contract unless all the parties to that contract consent in writing to be bound by 
the terms of this Act.]        
                         ________ 
CHAPTER III 
 
APPROPRIATION OF HOUSES 
 
 5. Liability of houses to appropriation. Every house situate in a cantonment or part of a 
cantonment in respect of which a notification under sub -section (1) of section 3 is for the time being 
in force shall be liable to appropriation by 4[the 3[Federal Government]] on a lease in the manner and 
subject to the conditions hereinafter provided.  
2[6. Conditions on which houses may be appropriated.___(1) Where___ 
 
(a) a military officer who is stationed in or has been posted to the cantonment, or a 
President of a military mess in the cantonment, applies in writing to the Officer 
Commanding the Station stating that he is unable to secure suitable 
accommodation in the cantonment for himself or the mess on reasonable terms 
by private agreement, and that no suitable house or quarter 4[belonging to the  
Government] is available for his occupation or for the occupation of the mess, 
and the Officer Commanding the Station is sati sfied on inquiry of the truth of 
the facts so stated ; or  
 
 
 
 
1Subs. by Act No. X of 1925, s. 6. 
2Subs. by Act No. IX of 1930, ss. 2-3. 
3Subs. and omitted by Federal Adaptation of Laws Order, 1975 (P.O. No. 4 of 1975), Art. 2 and Table. 
4Subs. by Adaptation Order, 1937.  
5Omitted by the Adaptation of Central Acts & Ordinances Order, 1949 (Order No. 4 of 1949), Art. 3 and Sch.  
6Subs. by Central Laws (Adaptation) Order, 1961 (P.O. No. 1 of 1961), Art. 2 and Table.   
 
 
 
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 (b)  the Officer Commanding the Station is satisfied on inquiry that there is not in 
the cantonment a sufficient and assured supply of houses available at reasonable 
rates of rent by private agreement to meet the requirements of the military 
officers and military messes whose accommodation in the cantonment is in his 
opinion necessary or expedient,  
 the Officer Commanding the Station may, with a view to enforcing the liability under section 5, serve 
a notice on the owner of any house which appears to him to be suitable for occupation by a military 
officer or a military mess, as the case may be, within the cantonment, or, if this Act is in force in part 
only of the cantonment, within that part, requiring the owner to permit the house to be inspected, 
measured and surveyed by such person and on such date, not being less than three clear days form the 
service of the notice, and at such time between sunrise and sunset, as may be specified in the notice.  
(2) On the date and at the time so specified the owner shall be bound to afford all reasonable 
facilities to the person specified in the notice for the purpose of the inspection, measurement and survey 
of the house and if he refuses or neglects to do so, s uch person may, subject to any rules made under 
this Act, enter on the premises and do all such things as may be reasonably necessary for the said 
purpose.]  
7. Procedure for taking house on lease.___(1) If, on the report of such person as aforesaid, the 
1[Officer Commanding the station] is satisfied that the house is suitable for occupation by a military 
officer or a military mess, he may, 2[* * *] by notice___ 
(a)  require the owner to execute a lease of the house to 3[the 4[Federal 
Government]] for a specified period which shall not be less than five years;  
(b)  require the existing occupier, if any, to vacate the house; and  
(c)  require the owner to execute within such time as may be specified in the notice 
such repairs as may, in the opinion of the 1[Officer Commanding the station], 
be necessary for the purpose of putting the house into a state of reasonable 
repair.  
(2) Every notice issued under sub-section (1) shall state the amount of the annual rent proposed 
as reasonable for the house, calculated on the assumption that the owner will carry out the required 
repairs, if any. It shall also contain an estimate of the cost of such repairs.  
(3) The following shall be deemed to be conditions of every lease executed under sub-section 
(1), namely:___ 
(a)  that the house shall, on the expiration of the lease, be re-delivered to the owner 
in a state of reasonable repair, and  
(b)  that the grounds and the garden, if any, apper taining to the house shall be 
maintained in the condition in which they are at the time at which the lease is 
executed: 
1Subs. by Act No. X of 1925, s. 6. 
2Omitted by Act No. IX of 1930, s. 4.  
3Subs. by A.O., 1937. 
4Subs. by the Federal Adaptation of Laws Order, 1975 (P.O. No. 4 of 1975), Art. 2 and Table.   
 
 
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1[Provided that nothing in this sub-section shall be deemed to affect the right of 2[the 3[Federal 
Government]] to avoid the lease in any such event as is specified in clause (e) of section 108 of the  
Transfer of Property Act, 1882 (IV of 1882).]  
8. 1[*      *     *    *    *   * *] 
9. Sanction to be obtained before a house is occupied as a hospital, etc. No house in any 
cantonment or part of a cantonment in which this Act is oper ative shall, unless it was so occupied at 
the date of the issue of the notification declaring this Act or the Cantonments (House-Accommodation) 
Act, 1902 (II of 1902), as the case may be, to be operative, be occupied for the purposes of a hospital, 
school, school hostel, bank, hotel, or shop, or by a railway administration, a company or firm engaged 
in trade or business or a club, without the previous sanction of the Officer Commanding the District 
given with the concurrence of the Commissioner or, in a Province where there are no Commissioners, 
of the Collector.  
10. Houses not to be appropriated in certain cases. No notice shall be issued under section 
7 if the house___ 
(a)  was, at the date of the issue of the notification declaring this Act or the 
Cantonments (House-Accommodation) Act 1902 (II of 1902) , as the case may 
be, to be operative in the cantonment or part of the cantonment, or is, with such 
sanction as is required by section 9, occupied as a hospital, school, school hostel, 
bank, hotel or shop, and has been so occupied continuously during the three 
years immediately preceding the time when the occasion for issuing the notice 
arises, or  
(b)  was, at the date of such a notification as is referred to in clause (a), or is, with 
such sanction as aforesaid, occupied by a railway administration or by a 
company or firm engaged in trade or business or by a club, or  
(c)  is occupied by the owner, or  
(d)  has been appropriated by the 2[Provincial Government] with the concurrence of 
the Officer Commanding the District, or by the 3[Federal Government], for use 
as a public office or for any other purpose. 
11. Time to be allowed for giving possession of house.___(1) If a house is unoccupied, a notice 
issued under section 7 may require the owner to give possession of the same to the 4[Officer 
Commanding the station] within twenty-one days from the service of the notice. 
(2) If a house is occupied, a notice issued under  section 7 shall not require its vacation in less 
than thirty days from the service of the notice.  
 
1Ins. and omitted by Act No. IX of 1930, ss. 4-5. 
2Subs. by Adaptation Order, 1937. 
3Subs. by Federal Adaptation of Laws Order, 1975 (P. O. No. 4 of 1975), Art. 2 and Table. 
4Subs. by Act No. X of 1925, s. 6.   
  
 
 
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 (3) where a notice has been issued under section 7 and the house has been vacated in pursuance 
thereof, the lease shall be deemed to have commenced on the date on which the house was so vacated.  
12. Surrender of house when to be enforced. If the owner fails to give possession of a house 
to the 1[Officer Commanding the station] in pursuance of a notice issued under section 7, or if the 
existing occupier fails to vacate a house in pursuance of such a notice, the District Magistrate, by 
himself or by another person generally or specially authorised by him in this behalf, shall enter on the 
premises and enforce the surrender of the house.  
13. 2[*      *     *    *    *   * *]  
14. Provision where house is held on long lease by a tenant .___(1) If a house, in respect of 
which a notice is issued under section 7, is occupied by a tenant holding in good faith and for valuable 
consideration under a registered lease for any term exceeding one year, 3[the 4[Federal Government]] 
shall, for the term of one year from the date on which the house is vacated in pursuance of the notice, 
or for the unexpired term of the lease whichever is the shorter, be liable to the owner for the rent fixed 
by the registered lease instead of for the rent payable under this Ac t if the rent so fixed exceeds the 
rent so payable.  
(2) If a house, in respect of which a notice is issued under section 7, is occupied by a tenant 
holding in good faith and for valuable consideration under a registered lease from year to year, 3[the 
4[Federal Government]] shall be liable as aforesaid for the term of six months from the date on which 
the house is vacated in pursuance of the notice.  
(3) Nothing in this section shall be deemed___ 
(a)  to render 3[the 4[Federal Government]] so liable unless an application in writing 
in this behalf is made by the owner to the 1[Officer Commanding the station] 
within fifteen days from the service of the notice; or  
(b)  to limit or otherwise affect any agreement between 5[the Government] and the 
owner.  
15. Power for owner to refer to Civil Court on question of rent.___(1) lf the owner considers 
that the rent stated in a notice issued under section 7 is not reasonable, he may,  within a period of 
6[thirty] days from the service of such notice, 1[refer the matter to a C ivil Court, in accordance with 
the provisions of Chapter IV]:  
 
 
1Subs. by Act No. X of 1925, s. 6. 
2Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), s. 3 and Sch. II. 
3Subs. by Adaptation Order, 1937. 
4Subs.by the Federal Adaptation of Laws Order, 1975 (P. O. No. 4 of 1975), Art. 2 and Table. 
5Amended by the Central Laws (Adaptation) Order, 1961 (P. O. No. 1 of 1961), Art. 2 (w. e. f. 23rd March, 1956). 
6Subs. by Act No. IX of 1930, s. 7.  
 
  
 
 
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1[Provided that where an appeal has been made to the Officer Commanding the District under 
section 30, the period of thirty days shall be reckoned from the date on which the owner received notice 
of the result of the appeal under sub-section (2) of section 32.]  
(2) If the owner does not make such a 2[reference] within the said period, he shall be deemed 
to have accepted the rent so offered.  
16. Power for owner to refer to Civil Court on question of repairs.___(1) If the owner fails 
to execute any repairs t o a house as required by a notice issued to him under section 7, the 3[Officer 
Commanding the station] may by notice require the o wner to execute the repairs within such period, 
not being less than 2[thirty] days, as may be specified in the notice. 
(2) If the owner objects to any requisition contained in a notice issued under sub -section (1), 
he may, within 2[thirty] days from the service of the notice, 2[refer the matter to a C ivil Court in 
accordance with the provisions of Chapter IV]:  
1[Provided that where an appeal has been made to the Officer Commanding the District under 
section 30, the period of thirty days shall be reckoned from the date on which the owner received notice 
of the result of the appeal under sub-section (2) of section 32.]  
2[(3) Every reference under sub-section (2) shall be accompanied by an estimate of the repairs, 
if any, which the owner considers necessary in order to put the house into a state of reasonable repair.]  
2[17. Power to have repairs executed and recover cost.  If the owner fails to comply with a 
notice issued under sub-section (1) of section 16, the Military Engineer Services or the Public Works 
Department may, with the previous sanction of the Officer Commanding the station and 
notwithstanding any right of refere nce conferred by that section, cause the repairs specified in the 
notice to be executed at the expense of 4[the 5[Federal Government]], and the cost thereof, or, where a 
reference has been made, the amount finally determined by the Civil Court, may be deducted from the 
rent payable to the owner.]  
18. Notice to be given of devolution of interest in house in cantonment. Every person on 
whom devolves, by transfer, by succession or by operation of law, the interest of an owner in any 
house, or in any part of any house, situate in a cantonment or part of a cantonment in respect of which 
a notification under sub-section (1) of section 3 is for the time being in force, shall be bound to give 
notice of the fact to the 3[Officer Commanding the station] within one month from the date of such 
devolution, and, if he, without reasonable cause, fails to do so, he shall be punishable with fine which 
may extend to fifty rupees.  
 
 
1Added by Act No. XXII of 1933, ss. 2-3. 
2Subs. and added by Act No. IX of 1930, ss. 7-9. 
3Subs. by Act No. X of 1925, s. 6.  
4Subs. by Adaptation Order, 1937. 
5Subs. by Federal Adaptation of Laws Order, 1975 (P. O. No. 4 of 1975), Art. 2 and Table. 
 
 
 
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1[CHAPTER IV 
 
  PROCEDURE IN REFERENCES 
19. Jurisdiction in references. All references under this Act shall be made by application , to 
and tried by, the Court of the District Judge.  
20. Procedure and powers of the Court. References under this Act shall be deemed to be 
proceedings within the meaning of section 141 of the Code of Civil Procedure, 1908 (V of 1908), and 
in the trial thereof the Court may exercise any of its powers under that Code.  
21. Restriction of scope of inquiry. The scope of the inquiry in a reference under this Act 
shall b e restricted to a consideration of the matters referred to the Court in accordance with the 
provisions of this Act.]  
CHAPTER V 
 
APPEALS 
1[29. Appeal to High Court. ___(1) An appeal shall lie to the High Court against the decision 
of the Court of the District Judge upon a reference tried by it.  
(2) No appeal under this section shall be admitted unless it is made within thirty days from the 
date of the decision against which it is preferred.  
(3) An appeal preferred under this section shall be deemed to be an appeal from an order within 
the meaning of section 108 of the Code of Civil Procedure, 1908 (V of 1908).]  
1[30. Appeal to Officer Commanding the District. The owner or any tenant of a house in 
respect of which a notice has been issued under section 7 may, within a period of 2[ten days] from the 
date of the service thereof, appeal to the Officer Commanding the District against the decision of the 
Officer Commanding the Station to appropriate the house.]  
31. Petition of appeal.___(1) Every petition of appeal under section 30 sh all be in writing and 
accompanied by a copy of the notice appealed against. 
(2) Any such petition may be presented to the 3[Officer Commanding the station] and that 
officer shall be bound to forward it to the authority empowered by section 30 to hear the a ppeal, and 
may attach thereto any report which he may desire to make in explanation of the notice appealed 
against.  
(3) If any such petition is presented direct to the Officer Commanding the District and an 
immediate order on the petition is not necessary , the Officer Commanding the District may refer the 
petition to the 3[Officer Commanding the station] for report.  
 
 
1Subs. by Act No. IX of 1930, ss. 10-12. 
2Subs. by Act No. X of 1925, s. 6.  
3Subs. by Act No. XXII of 1933, s. 4. 
 
  
 
 
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32. Order in appeal final. ___ 1[(1)] The decision on any such appeal of the Officer 
Commanding the District 2[* * *] shall be final, and shall not be questioned in any Court otherwise 
than on the ground that the house is situate in a cantonment, or part of a cantonment, in which this Act 
is not operative:  
Provided that no appeal shall be decided until the appellant has  been heard or has had a 
reasonable opportunity of being heard in person or through a legal practitioner  2[and in giving a 
decision the Officer Commanding the District shall record briefly the grounds therefore].  
1[(2) Notice of the result of the appeal shall be given to the appellant as soon as may be, and, 
where the appellant is a tenant of the house, to the owner of the house also.]  
 
33. Suspension of action pending appeal. Where an appeal has been presented under section 
30 within the period prescribed 2[therein], all action on the notice shall, on the application of the 
appellant, be held in abeyance pending the decision of the appeal.  
__________ 
 
CHAPTER VI 
 
SUPPLEMENTAL PROVISIONS 
 34. Service of notice and requisitions. Every notice or requisition prescribed by this Act shall 
be in writing, signed by the person by whom it is given or made or by his duly appointed agent, and 
may be served by post on the person to whom it is addressed, or, in the case of an owner who does not 
reside in or near the cantonment, on his agent  appointed 3[in accordance with a bye -law made under 
clause (29) of section 282 of the Cantonment Act, 1924]. 
2[34A. Computation of periods of limitation. The period prescribed for making any reference 
or preferring any appeal under this Act shall be computed in accordance with the provisio ns of the 
Limitation Act, 1908.]  
35. Power for Feder al Government to make ru les.___(1) The 4[Federal Government] may 
make rules to carry out the purposes and objects of this Act.  
(2) In particular and without prejudice to the generality of the foregoing power, such rules 
may___ 
 (a) 2[*  *  *  *  *  *  *] 
(b)  define the powers of entry, inspection, measurement or survey which may be 
exercised in carrying out the purposes and objects of this Act or of any rule 
made hereunder.  
 
1Re-numbered and added by Act No. XXII of 1933, s. 5.  
2Omitted, added, subs. and ins. by Act, 1930 (IX of 1930), ss. 13-16.  
3Subs. by Act No. X of 1925, s. 4. 
4Subs. by the Federal Adaptation of Laws Order, 1975 (P. O. No. 4 of 1975), Art. 2 and Table. 
 
 
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 36. Further provisions respecting rules. ___(1) The power to make rules under section 35 
shall be subject to the condition of the rules being made after previous publication and of their not 
taking effect until they have been published in the 1[official Gazette] and in such other manner (if any) 
as the 2[Federal Government] may direct.  
(2) Any rule under section 35 may be general for all cantonments or parts of cantonments in 
3[Pakistan] in which this Act is for the time being operative, or may be special for any of such 
cantonments or parts as the 2[Federal Government] may direct.  
(3) A copy of the rules under section 35 for the time being in force in a cantonment shall be 
kept open to inspection free of charge at all reasonable times in the office of the Cantonment 4[Board]. 
(4) In making any rule und er clause ( b) of sub -section (2) of section 35, the 2[Federal 
Government] may direct that whoever obstructs any person, not being a public servant within the 
meaning of sectio n 21 of the Pakistan Penal Code  (XLV of 1860) , in making any entry, inspection, 
measurement or survey, shall be punishable with fine which may extend to fifty rupees, and, in the 
case of a continuing offence, with fine which, in addition to such fine as aforesaid, may extend to five 
rupees for every day after the first during which such offence continues.  
37. Inapplicability of section 556 of the Code of Criminal Procedure, 1898, to trials of 
offences. No Judge or Magistrate shall be deemed, within the meaning of section 556 of the Code of 
Criminal Procedure 1898 (V of 1898), to be a party to, or personally interested in, any prosecution for 
an offence constituted by or under this Act merely because he is a member of the Cantonment 5[Board] 
or has ordered or approved the prosecution.  
38. Protection to persons acting under Act. No suit or other legal proceeding shall lie against 
any person for anything in good faith done, or intended to be done, under this Act or in pursuance of 
any lawful notice or order issued under this Act.  
39. 6[*  * * * * * *] 
 
THE SCHEDULE. ___ 6[* * * * * * *] 
___________ 
 
 
 
 
124892           Date: 29-01-2025 
1Subs. by Adaptation Order, 1937. 
2Subs. by the Federal Adaptation of Laws Order, 1975 (P. O. No. 4 of 1975), Art. 2 and Table. 
3Subs. by the Central Laws (Statue Reform) Ordinance, 1960 (XXI of 1960), s. 3 and 2nd Sch. (w. e. f the 14th October, 1955). 
4Subs. by the Repealing and Amending Act, 1940 (XXXII of 1940), s. 3 and Sch. II.  
5Subs. by Act No. X of 1925, s. 5.   
6Rep. by the Repealing Act, 1927 (XII of 1927), s. 2 and Schedule.