Method of recovery
Section 324 of the Cantonments Act, 2006 deals with method of recovery. Notwithstanding anything elsewhere contained in this Act arrears of any tax, and any other money recoverable, including rent on land and buildings due or damages and fine due under leases or licences executed by or in favour of a Board or the Defence Estates Officer under this Act or the rules made The Act came into force on 18 Dec 2006.
(1) Notwithstanding anything elsewhere contained in this Act arrears of any tax, and any other money recoverable, including rent on land and buildings due or damages and fine due under leases or licences executed by or in favour of a Board or the Defence Estates Officer under this Act or the rules made thereunder may be recovered together with the cost of recovery either by suit or on application to a Judicial Magistrate having jurisdiction in the cantonment or in any place where the person from whom such tax, rent or money is recoverable may for the time being be residing, either by the distress and sale of movable property of such person, or by the attachment and sale of immovable property of that person, which is within the limits of the jurisdiction of such Judicial Magistrate, or by both these methods, and shall, if payable by the owner of any property as such, be a charge on the property until paid :
Provided that the tools of artisans, growing crops up to the value of five thousand rupees and implements and cattle used for the purposes of agriculture shall be exempt from such distress or sale.
(2) An application to a Judicial Magistrate under sub-section (1) shall be in writing and shall be signed by the President or Vice-President of the Board or by the Chief Executive Officer or the Defence Estates Officer or the Officer Commanding the Station or any other officer authorised by any of these officers, but shall not require to be personally presented.
(3) Upon receiving the application, the Judicial Magistrate referred to in sub-section (1) may take action for the recovery of the amount of tax, rent or money from the person specified in the application as if such amount were a fine recoverable under a sentence passed by him and the provisions of sections 421 and 422 of the Code of Criminal Procedure, 1973 (2 of 1974), shall, so far as may be, apply to the recovery of such amount:
Provided that the recovery of no such amount shall be made by the arrest or detention in prison of the said person.
Section 324, The Cantonments Act, 2006 (Act 41 of 2006).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Cantonment Board, Ranikhet v. Balwant & Ors.
Court's Decision & Legal Precedent
Proper path for pig/animal-control breaches is criminal complaint under s.284 (and cognate nuisance provisions), not Board self-help fines recovered via s.324. DATE VERIFIED Final Order 09.09.2013 (order-2.pdf).
On this section: s.324 recovery applications cannot be used to collect Board-imposed nuisance fines outside tax/rent/lease moneys.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… out that with an object to control pig nuisance and health hazard in Cantonment area Ranikhet, notices under Section 157, 284 and 289 of the Cantonments Act 2006, were issued to the petitioner to remove the Piggeries, but he did not comply with the notices. Learned counsel for the petitioner submitted that under Section 324 of the Cantonments Act 2006, the Judicial Magistrate is empowered to issue the recovery of the amount of penalty imposed by the Cantonment Board under the Act. The Board is empowered to impose the penalty under Section 333 of the Act, if the notices issued under the Act are not complied with by the person concerned. …
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… out that with an object to control pig nuisance and health hazard in Cantonment area Ranikhet, notices under Section 157, 284 and 289 of the Cantonments Act 2006, were issued to the petitioner to remove the Piggeries, but he did not comply with the notices. Learned counsel for the petitioner submitted that under Section 324 of the Cantonments Act 2006, the Judicial Magistrate is empowered to issue the recovery of the amount of penalty imposed by the Cantonment Board under the Act. The Board is empowered to impose the penalty under Section 333 of the Act, if the notices issued under the Act are not complied with by the person concerned. …
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… out that with an object to control pig nuisance and health hazard in Cantonment area Ranikhet, notices under Section 157, 284 and 289 of the Cantonments Act 2006, were issued to the petitioner to remove the Piggeries, but he did not comply with the notices. Learned counsel for the petitioner submitted that under Section 324 of the Cantonments Act 2006, the Judicial Magistrate is empowered to issue the recovery of the amount of penalty imposed by the Cantonment Board under the Act. The Board is empowered to impose the penalty under Section 333 of the Act, if the notices issued under the Act are not complied with by the person concerned. …
Questions about Section 324
What have the courts held on Section 324 of the Cantonments Act?
Cantonment Board, Ranikhet v. Balwant & Ors. (09 Sep 2013) is the leading judgment on this section among those set out below: s.324 recovery applications cannot be used to collect Board-imposed nuisance fines outside tax/rent/lease moneys.
How do I find court cases under Section 324 of the Cantonments Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Cantonments Act 2006 324, section 324 Cantonments Act 2006, section 324 of the Cantonments Act. People searching for it also type cantonment act 324 and what is the punishment for ipc 324. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Cantonment Board, Ranikhet v. Balwant & Ors. (09 Sep 2013).
What should I read with Section 324 of the Cantonments Act, and has it changed?
5 other provisions in this corpus refer back to it.
When did Section 324 of the Cantonments Act come into force?
Section 324 of the Cantonments Act, cited as Cantonments Act 2006 324, came into force on 18 Dec 2006, having been enacted on 13 Sep 2006. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions2106 words
- 348. Power to make bye-laws1392 words
- 30. Interpretation1175 words
- 289. Penalty for causing nuisances993 words
- 283. Powers of entry and seizure755 words
- 64. Discretionary functions of Board736 words
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. Text as in force on 18 Oct 2026. This page is not a substitute for legal advice.