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CANTONMENTS (HOUSE ACCOMMODATION) ACT

Ministry of Law and Justice

Act nº 6 of 1923


  • Chapter I
  • Chapter II
  • Chapter III
  • Chapter IV. Procedure in References
  • Chapter V
  • Chapter VI
  • Schedules
  • Act nº 6 of 1923

Preamble

THE CANTONMENTS (HOUSE-ACCOMMODATION) ACT,1923

[Act, No. 6 of 1923]

[5th March, 1923]

PREAMBLE

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

Section 1. Short title, extent and commencement

(1) This Act may be called The Cantonments (House-Accommodation) Act, 1923.

(2) It extends to 1 [the whole of India] 2 [**] 3 [* * *] 4 [* *].

(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 that any notification made under section 3 of the Cantonments (House Accommodation) Act, 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.

1. Substituted for words "all the Provinces of India", by A. L. O. 1950.

2. Words "except Part BStates" were omitted by the Cantonment Laws (Extension and Amdt.) Act, 1950 (53 of 1950), Section 2 (18-8-1950).

3. Brackets and words "(inclusive of British Baluchistan)", were omitted by A. C. A. O., 1948.

4. Words "except Aden" repealed by A. L. O. 1937.


Section 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 India is for military purposes for the time being divided, and includes any area which the 1 [Central Government] may, by notification in the 1 [Official Gazette], declare to be a Brigade area for all or any of the purposes of this Act;

2 [(b) "Cantonment Board" means a Cantonment Board constituted under the Cantonments Act, 1924;]

(c) 'Command' means one of the Commands into which India is for military purposes for the time being divided, and includes any area which the 1 [Central Government] may, by notification in the 1 [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 India 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 1 [Central Government] may, by notification in the 1 [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 5 [the Indian] military or air forces on military or air force duty in a cantonment, 6 [* * * *], 7 [an officer of the Cantonments Department] and any person in Army departmental employment whom the Officer Commanding the District may at any time, 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

(1) 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 appurtenant buildings are properly colour-washed or whitewashed.

(2) If any question arises whether any land or building is appurtenant to a house, it shall be decided by the 3 [Officer Commanding the station] whose decision thereon shall, subject to revision by the 8 [Collector], be final.

9 [(3) In the application of this Act to 10 [the territories which immediately before the 1st November 1956, were comprised in any Part BState], any reference to an enactment not in force in 11 [those territories] shall be construed as a reference to the corresponding law in force in 11 [those territories].]

1. Substituted for certain words by A. L. O. 1937.

2. This clause originally lettered as (bb) inserted by Act 10 of 1925, Section 2, was relettered (b) by Act 9 of 1930, Section 2. Original clause (b) was repealed by Act 9 of 1930, Section 2.

3. Substituted for the words "Commanding Officer of the Cantonment", by Act 10 of 1925, Section. 6.

4. Inserted by Act 9 of 1930, Section 2.

5. Substituted for the words "His Majesty's by A. L. O., 1950.

6. Words "and includes a chaplain on duty with troops in a Cantonment" omitted by A. L. O., 1950.

7. Substituted for the words "a Cantonment Magistrate", by Act 10 of 1925, Section 2.

8. Substituted for the words "District Magistrate", by Act 9 of 1930, Section 2.

9. Added by Act 53 of 1950, Section 3 (18-8-1950).

10. Substituted for the words "any Part BState" by 3 A. L. O., 1956.

11. Substituted for the words "that State", by 3 A. L. O., 1956.


Chapter II

Section 3. Cantonments or parts of cantonments in which Act to be operative

( 1 ) The1[Central Government]2[* * *] may, by notification in the1[Official Gazette], declare this Act to be operative in any cantonment or part of a cantonment3[* * *], other than a cantonment situate within the limits of a presidency-town.

( 2) Before issuing a notification under sub-section ( 1) in respect of any cantonment or part of a cantonment, the1[Central Government] shall 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.

1.Sub stituted for the words "Local Government" and "local official Gazette", by A.L.O., 1937 .

2.Words "with the previous sanction of the Governor-General in Council" repealed by A.L.O., 1937 .

3. Words "situate in the Province" were repealed by A.L.O., 1937 .


Section 4. Saving of written instruments

1 [4. Saving of written instruments

Nothing in this Act shall affect the provisions of any written 2 [contract with the Government] unless all the parties to that contract consent in writing to be bound by the terms of this Act.] 2 [contract with the Government] unless all the parties to that contract consent in writing to be bound by the terms of this Act.]

1. Substituted by A.L.O., 1937, for the original section.

2. Substituted for the words "crown contract" by A.L.O., 1950.


Chapter III

Section 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 1 [The Central Government] on a lease in the manner and subject to the conditions hereinafter provided.

1. Substituted for the words "the Government" by A.L.O., 1937.


Section 6. Conditions on which houses may be appropriated

1 [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 belonging to the 2 [Government] is available for his occupation or for the occupation of the mess, and the Officer Commanding the Station is satisfied on inquiry of the truth of the facts so stated; or

(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 from 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, such 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.]

1. Substituted by Act 9 of 1930, Section 3.

2. Substituted for the words "the crown" by A. L. O., 1950.


Section 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 Central 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 sub­section (1), namely:-

(a) that the house shall, on the expiration of the lease, here-delivered to the owner in a state of reasonable repair, and

(b) that the grounds and the garden, if any, appertaining to the house shall be maintained in the condition in which they are at the time at which the lease is executed :

4 [Provided that nothing in this sub-section shall be deemed to affect the right of 3 [the Central 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.]

1. Substituted for certain words, by Act 10 of 1925, Section 6.

2. Certain words repealed by Act 9 of 1930, Section 4.

3. Substituted for the words "the Government" by A.L.O., 1937.

4. Inserted by Act 9 of 1930, Section 4.


Section 8. Procedure to be observed before taking a house on lease

[Repealed by the Cantonments (House-Accommodation Amendment) Act, 1930 (9 of 1930), Section 5.]

Section 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 operative 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, 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 1 [State] where there are no Commissioners, of the Collector.

1. Substituted for the word "Province", by A.L.O., 1950.


Section 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, 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 aprophated by the 1 [State Government] with the concurrence of the Officer Commanding the District, or by the 2 [Central Government], for use as a public office or for any other purpose.

1. Substituted for the word "Province", by A. I. O., 1950.

2. Substituted for the words "the Government" by A.L.O., 1937.


Section 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 1 [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.

(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.

1. Substituted for certain words, by Act 10 of 1925, Section 6.