Act41
Enacted 2006
The Cantonments Act, 2006
In force
360 sections
Defence
An Act to consolidate and amend the law relating to the administration of cantonments with a view to impart greater democratisation, improvement of their financial base to make provisions for developmental activities and for matters connected therewith or incidental thereto.
Administered by. Ministry of Defence, Department of Defence · Other Acts of 2006
Preamble
THE CANTONMENTS ACT, 2006
ACT NO. 41 OF 2006
[13th September, 2006.] An Act to consolidate and amend the law relating to the administration of cantonments with a view to impart greater democratisation, improvement of their financial base to make provisions for developmental activities and for matters connected therewith or incidental thereto.
BE it enacted by Parliament in the Fifty-seventh Year of the Republic of India as follows:--
What this Act covers
Summary of the Cantonment Act, 2006
Key Provisions
1. Composition of Cantonment Boards
• Category IV Cantonments:
Members: Officer Commanding the station ex officio Chief Executive Officer.
Two elected members.
• Nomination Flexibility: Officer Commanding may nominate any resident (government service or not) in place of a military officer with General Officer Commanding-in-Chief's sanction.
2. Regulatory and Administrative Provisions
• Rules by Central Government (Sections 346-347):
• Scope: Generally for all cantonments or specific ones.
• Retrospective Effect: Allowed from the Act's commencement date, with public notice requirements to prevent prejudice to individuals.
• Parliamentary Oversight: Rules to be laid before each House of Parliament for potential modification or annulment.
• Bye-Laws by Cantonment Boards (Section 348):
• Powers: Registration of life events, Public Health Measures (vaccination, noise control), Traffic and Vehicle Regulations, Fire Prevention, Construction and Drainage Regulations, Animal Control and Public Health Measures, Management of Public Spaces and Services.
3. Legislative and Operational Framework
• Supplemental Provisions:
• Rule Making and Publication.
• Parliamentary Approval Process for Rules.
• Power to Address Operational Difficulties within two years of commencement.
Sections
Type to filter. 360 sections.
- 1Short title, extent and commencement
- 2Definitions
- 3Definition of cantonments
- 4Alteration of limits of cantonments
- 5The effect of including area in cantonment
- 6Disposal of cantonment fund and cantonment development fund when area ceases to be a cantonment
- 7Disposal of cantonment fund and cantonment development fund when area ceases to be included in a cantonment
- 8Application of funds and property transferred under sections 6 and 7
- 9Limitation of operation of Act
- 10Cantonment Board
- 11Incorporation of Cantonment Board
- 12Constitution of Cantonment of Boards
- 13Power to vary constitution of Boards in special circumstances
- 14Term of office of members
- 15Filling of vacancies
- 16Vacancies in special cases
- 17Oath or affirmation
- 18Resignation
- 19President and Vice-President
- 20Term of office of Vice-President
- 21Duties of President
- 22Duties of Vice-President
- 23Allowances to Vice-President and members
- 24Appointment of Chief Executive Officer
- 25Duties of Chief Executive Officer
- 26Special power of Chief Executive Officer
- 27Electoral rolls
- 28Qualification of electors
- 29Qualification for being a member of the Board
- 30Interpretation
- 31Power to make rules regulating elections
- 32Member not to vote on matter in which he is interested
- 33Liability of members
- 34Removal of members
- 35Consequences of removal
- 36Member of the Board to be deemed a public servant
- 37Disqualification of person as an employee of Board
- 38Cantonment employee to be deemed a public servant
- 39Meetings
- 40Business to be transcted
- 41Quorum
- 42Presiding Officer
- 43Minutes
- 44Meetings to be public
- 45Method of deciding questions
- 46Civil area
- 47Committees for civil areas
- 48Power to make regulations
- 49Joint action with other local authority
- 50Report on administration
- 51Power of Central Government to require production of documents
- 52Inspection
- 53Power to call for documents
- 54Power to require execution of work, etc
- 55Power to provide for enforcement of direction under section 54
- 56Power to override decision of Board
- 57Power of Central Government to review
- 58Power of General Officer Commanding-in-Chief, the Command, on reference under section 56 or otherwise
- 59Power of Central Government on a reference made under section 56
- 60Supersession of Board
- 61Validity of proceedings, etc
- 62Duties of Board
- 63Power to manage property
- 64Discretionary functions of Board
- 65Power of expenditure of educational, health and other purposes outside the cantonment
- 66General power of taxation
- 67Charging of fees
- 68Norms of property tax
- 69Framing of preliminary proposals
- 70Objections and disposal thereof
- 71Imposition of tax
- 72Power of Central Government to issue directions to the Board
- 73Definition of “annual rateable value”
- 74Incidence of taxation
- 75Assessment list
- 76Revision of assessment list
- 77Authentication of assessment list
- 78Evidential value of assessment list
- 79Amendment of assessment list
- 80Preparation of new assessment list
- 81Notice of transfers
- 82Notice of erection of buildings
- 83Demolition, etc., of buildings
- 84Remission of tax
- 85Power to require entry in assessment list of details of buildings
- 86Notice to be given of the circumstances in which remission or refund is claimed
- 87What buildings, etc., are to be deemed vacant
- 88Notice to be given of every occupation of vacant building or house
- 89Tax on buildings and land to be a charge thereon
- 90Inspection of imported goods, octroi, terminal tax and toll, etc
- 91Power to seize, etc
- 92Lease of octroi, terminal tax or toll
- 93Appeals against assessment
- 94Costs of appeal
- 95Recovery of costs from Board
- 96Conditions of right to appeal
- 97Finality of appellate orders
- 98Time and manner of payment of taxes
- 99Public notice for taxes due
- 100Notice of demand
- 101Recovery of tax
- 102Interest payable on taxes due
- 103Distress
- 104Disposal of distrained property
- 105Attachment and sale of immovable property
- 106Recovery from a person about to leave cantonment and refund of surplus sale proceeds, if any
- 107Power to institute suit for recovery
- 108Board to be a Municipality for taxation purposes
- 109Payment to be made to a Board as service charges by Central Government or State Government
- 110Power to be make special provision for conservancy in certain cases
- 111Exemption in case of buildings
- 112General power of exemption
- 113Exemption of poor persons
- 114Composition
- 115Irrecoverable debts
- 116Obligation to disclose liability
- 117Immaterial error not to affect liability
- 118Distraint not to be invalid by reason of immaterial defect
- 119Cantonment fund and cantonment development fund
- 120Custody of cantonment fund and cantonment development fund
- 121Power of Board to borrow money
- 122Property
- 123Application of cantonment fund, cantonment development fund and property
- 124Acquisition of immovable property
- 125Power to make rules regarding cantonment fund, cantonment development fund and property
- 126Contracts by whom to be executed
- 127Sanction
- 128Execution of contract
- 129Contracts improperly executed not to be binding on a Board
- 130Responsibility for sanitation
- 131General duties of Health Officer
- 132Public latrines, urinals and conservancy establishments
- 133Duty of occupier to collect and desposit rubbish, etc
- 134Power of Board to undertake private conservancy arrangement
- 135Deposits and disposal of rubbish, etc
- 136Cesspools, receptacles, for filth, etc
- 137Filling up of tank, etc
- 138Provision of latrines, etc
- 139Sanitation in factories, etc
- 140Private latrines
- 141Special provisions for collection of rubbish and solid waste management
- 142Removal of congested buildings
- 143Overcrowding of dwelling houses
- 144Power to require repair or alternation of building
- 145Power to require land or building to be cleansed
- 146Prohibition in respect of air pollutant
- 147Power to order disuse of house
- 148Removal of noxious vegetation
- 149Agriculture and irrigation
- 150Power to call for information regarding burial and burning grounds
- 151Permission for use of new burial or burning ground
- 152Power to require closing of burial or burning ground
- 153Exemption from operation of sections 150 to 152
- 154Removal of corpses
- 155Obligation concerning infectious, contagious o communicable diseases
- 156Blood Bank
- 157Special measures in case of outbreak of infectious or epidemic diseases
- 158Power to require names of a dairyman‟s customers
- 159Power to require names of a washerman‟s customers
- 160Power to require names of patients or customers of a medical practitioner or paramedical workers
- 161Report after inspection of dairy or washerman or medical practitioner‟s place of business
- 162Action on report submitted by Health Officer
- 163Examination of milk, washed clothes or needles, syringes, etc
- 164Contamination of public conveyance
- 165Disinfection of public conveyance
- 166Penalty for failure to report
- 167Driver of conveyance not bound to carry person suffering from infectious or contagious disease
- 168Disinfection of building or articles therein
- 169Destruction of infectious hut or shed
- 170Temporary shelter for inmates of disinfected or destroyed buildings or shed
- 171Disinfection of building before letting the same
- 172Disposal of infected article without disinfection
- 173Means of disinfection
- 174Marking or selling of food, etc., or washing clothes by infected person
- 175Power to restrict or prohibit sale of food or drink
- 176Control over wells, tanks, etc
- 177Disposal of infectious corpse
- 178Maintenance or aiding of hospitals or dispensaries
- 179Medical supplies, appliances, etc
- 180Free patients
- 181Paying patients
- 182Power to order person to attend hospital or dispensary
- 183Power to exclude from cantonment persons refusing to attend hospital or dispensary
- 184Routes for pilgrims and others
- 185Conditions of service of Safai Karamcharis and others
- 186Maintenance of water-supply
- 187Terms of water-supply
- 188Board to carry out survey and formulate proposals
- 189Control over sources of public water-supply
- 190Power to require maintenance or closing of private source of public drinking water-supply
- 191Supply of water
- 192Power to require water-supply to be taken
- 193Supply of water under agreement
- 194Board not liable for failure of supply
- 195Conditions of universal application
- 196Supply to persons outside cantonment
- 197Penalty
- 198Power of Board to lay wires, connections, etc
- 199Wires, etc., laid above surface of ground
- 200Connection with main not be made without permission
- 201Power to prescribe ferrules and establish meters, etc
- 202Power of inspection
- 203Power to fix rates and charges
- 204Government water-supply
- 205Water supply for domestic consumption
- 206Recovery of charges
- 207Supply of water from Government water-supply to the Board
- 208Functions of the Board in relation to distribution of bulk supply
- 209Special provisions concerning drainage and sewage
- 210Construction of and control of drains and sewage collection and disposal works
- 211Certain matters not to be passed into cantonments drains
- 212Application by owners and occupiers to drain into cantonment drains
- 213Drainage of undrained premises
- 214New premises not be erected without drains
- 215Power to drain group or block of premises by combined operations
- 216Power to close or limit the use of private drains in certain cases
- 217Use of drain by a person other than the owner
- 218Sewage and rain water drains to be distinct
- 219Power to require owner to carry out certain works for satisfactory drainage
- 220Appointment of places for the emptying of drains and collection of sewage
- 221Connection with water works and drains not to be made without permission
- 222Buildings, railways and private streets not to be erected or constructed over drains or water works without permission
- 223Rights or user of property for aqueducts, lines, etc
- 224Power of owner of premises to place pipes and drains through land belonging to other persons
- 225Power to require railway level, etc., to be raised or lowered
- 226Power to execute work after giving notice to the person liable
- 227Power to affix shafts, etc., for ventilation of drain or cesspool
- 228Power to examine and test drains, etc., believed to be defective
- 229Bulk delivery of sewage by the Board
- 230Employment of Government agencies for repair, etc
- 231Works to be done by licensed plumber
- 232Prohibition of certain acts
- 233Preparation of land use plan
- 234Sanction for building
- 235Notice of new buildings
- 236Conditions of valid notice
- 237Powers of Board under certain sections exercisable by Chief Executive Officer
- 238Power of Board to sanction or refuse
- 239Order of stoppage of building or works in certain cases and disposal of things removed
- 240Power to sanction general scheme for prevention of overcrowding, etc
- 241Compensation
- 242Completion notice
- 243Lapse of sanction
- 244Restrictions on use of buildings
- 245Period for completion of building
- 246Completion certificate
- 247Illegal erection and re-erection
- 248Power to stop erection or re-erection or to demolish
- 249Power to seal unauthorised constructions
- 250Courts not to entertain proceedings in certain cases
- 251Power to make bye-laws
- 252Prohibition of structures or fixtures which cause obstruction in streets
- 253Unauthorised buildings over drains, etc
- 254Drainage and sewer connections
- 255Power to attach brackets for lamps and other accessories
- 256Maintenance of Roads
- 257Temporary occupation of street, land, etc
- 258Closing and opening of streets
- 259Names of streets and numbers of buildings
- 260Group Housing Schemes
- 261Boundary walls, hedges and fences
- 262Felling, lopping and trimming or trees
- 263Digging of public land
- 264Improper use of land
- 265Public markers and slaughter-houses
- 266Use of public market
- 267Power to transfer by public auction, etc
- 268Stallages, rents, etc., to be published
- 269Private markets and slaughter-houses
- 270Conditions of grant of licence for private market or slaughter-house
- 271Penalty for keeping market or slaughter-house open without licence, etc
- 272Penalty for using unlicensed market or slaughter-house
- 273Prohibition and restriction of use of slaughter-house
- 274Power to inspect slaughter-houses
- 275Power to regulate certain activities
- 276Provision of washing places
- 277Licences required for carrying on of certain occupations
- 278Power to stop use of premises used in contravention of licences
- 279Conditions which may be attached to licences
- 280Power to vary licence
- 281Carrying on trade, etc., without licence or in contravention of section 280
- 282Feeding animals on dirt, etc
- 283Powers of entry and seizure
- 284Import of cattle and flesh
- 285Unauthorised sale of spirituous liquor or intoxicating drug
- 286Unauthorised possession of spirituous liquor
- 287Arrest of persons and seizure and confiscation of things for offences against the two last foregoing sections
- 288Saving of articles sold or supplied for medicinal purposes
- 289Penalty for causing nuisances
- 290Registration and control of dogs
- 291Traffic rule of the road
- 292Use of inflammable materials for buildings purposes
- 293Stacking or collecting inflammable materials
- 294Care of naked lights
- 295Regulation of cinematographic and dramatic performances
- 296Discharging fire-works, fire-arms, etc
- 297Power to require buildings, wells, etc., to be rendered safe
- 298Enclosure of wasteland used for improper purposes
- 299Power to remove brothels and prostitutes
- 300Penalty for loitering and importuning for purposes of prostitution
- 301Removal of persons from cantonment
- 302Removal and exclusion from cantonment of disorderly persons
- 303Removal and exclusion from cantonment of seditious persons
- 304Penalty
- 305Powers of entry
- 306Power of inspection by member of a Board
- 307Power of inspection, etc
- 308Power to enter land, adjoining land where work is in progress
- 309Breaking into premises
- 310Entry to be made in the day time
- 311Owner‟s consent ordinarily to be obtained
- 312Regard to be had to social and religious usages
- 313Penalty for obstruction
- 314Arrest without warrant
- 315Duties of police officers
- 316Notices to fix reasonable time
- 317Authentication and validity of notices issued by Board
- 318Service of notice, etc
- 319Method of giving notice
- 320Powers of Board in case of non-compliance with notice, etc
- 321Occupier not to obstruct owner when complying with notice
- 322Liability of occupier to play in default of owner
- 323Relief to Agents and Trustees
- 324Method of recovery
- 325Application for a Committee of Arbitration
- 326Procedure for convening Committee of Arbitration
- 327Constitution of the Committee of Arbitration
- 328No person to be nominated who has direct interest or whose services are not immediately available
- 329Meetings and powers of Committee or Arbitration
- 330Decisions of Committee of Arbitration
- 331Prosecutions
- 332Composition of offence
- 333General penalty
- 334Offences by companies
- 335Cancellation or suspension of licences, etc
- 336Recovery of amount payable in respect of damage to cantonment property
- 337Limitation for prosecution
- 338Protection of action of Board, etc
- 339Notice to be given of suits
- 340Appeals from executive orders
- 341Petition of Appeal
- 342Suspension of Action Pending Appeal
- 343Revision
- 344Finality of the Appellate Orders
- 345Right of appellant to be heard
- 346Power to make rules
- 347Supplemental provisions respecting rules
- 348Power to make bye-laws
- 349Penalty for breach of bye-laws
- 350Supplemental provisions regarding bye-laws and regulations
- 351Rules and bye-laws to be available for inspection and purchase
- 352Extension of certain provisions of the Act and rules to place beyond cantonments
- 353Power to delegate functions to the President, etc
- 354Registration
- 355Validity of notices and other documents
- 356Admissibility of document or entry as evidence
- 357Evidence by officer or employee of the Board
- 358Application of Act 4 of 1899
- 359Power to remove difficulties
- 360Repeals and savings
Schedules
This Act has 5 schedules. A schedule is published as a document of its own; the text is reproduced on its page where it has been read, and the document is mirrored here either way.
- SCHEDULE I129 words
- SCHEDULE II159 words
- SCHEDULE III130 words
- SCHEDULE IV161 words
- SCHEDULE V748 words
Rules made under this Act
16 sets of Rules. India Code publishes Rules as a record and a document rather than as text, so these are indexed here and not reproduced. All Rules.
- Cantonment Land Administration (Amendment) Rules, 20222022
- The Cantonment Board Employees Service Rules, 20212021
- The Cantonment Land Administration Rules 20212021
- The Cantonment Board Account Rules, 20202020
- The Cantonments Payment of Allowances to Vice - President and Elected Members(Amendments) Rules, 20202020
- The Cantonment Property Rules, 20172017
- The Cantonments (Form of Annual inspection Report) Rules, 20172017
- The Cantonments (Forms and Manner of Service of Notice) Rules, 20172017
- The Cantonments (Regulation of the Procedure of Committee of Arbitration) Rules, 20172017
- The Cantonments (Execution of Warrants for the Attachment and Sale of Immovable Property) Rules, 20162016
- The Transfer of Property in Cantonments (Form of notice and manner of giving such notice) Rules, 20162016
- The Cantonments (Payment of Allowances to Vice-President and Elected Members) Rules, 20112011
- The Election of Vice-President of the Cantonments Board (Procedure) Rules, 20112011
- The Grant of Leave to Members of Cantonment Board Rules, 20112011
- Notifications notified under Cantonment Act, 2006 new2008
- The Cantonment Electoral Rules, 20072007
Related Acts
- The Armed Forces Tribunal Act, 200744 sections
- The Inter-Services Organisations (Command, Control and Discipline) Act, 202315 sections
- The Coast Guard Act, 1978124 sections
- The Naval and Aircraft Prize Act, 197120 sections
- The Navy Act, 1957194 sections
- The Cantonments (Extension of Rent Control Laws) Act, 19574 sections
- The Lok Sahayak Sena Act, 195611 sections
- The Shillong (Rifle Range and Umlong) Cantonments Assimilation of Laws Act, 19544 sections
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Every one of the 360 sections of this Act has its own page. This page is not a substitute for legal advice.