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REGISTERED No. D. (D.N.)72

The Gazette of India

EXTRAORDINARY

PART II—Section 1

PUBLISHED BY AUTHORITY

No. 18] NEW DELHI, MONDAY, AUGUST 22, 1983/SRAVANA 31, 1903

Separate paring is given to this Part in order that it may be filed as a separate compilation

MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS (Legislative Department)

New Delhi, the 22nd August, 1983/Sravana 31, 1905 (Saka)

The following Act of Parliament received the assent of the President on the 20th August, 1963, and is hereby published for general informa- tion:—

THE CANTONMENTS (AMENDMENT) ACT, 1983

(No. 15 OF 1983)

[20th August, 1983.]

An Act further to amend the Cantonments Act, 1924

BE it enacted by Parliament in the Thirty-fourth Year of the Republic of India as follows: —

1. (1) This Act may be called the Cantonments (Amendment) Act, 1983.

(2) It shall come into foroever such date as the Central Government

Short title and com- mence- ment.

may, by notification in the Official Gazette, appoint.

2. In section 2 of the Cantonments Act, 1924 (hereinafter referred to 2 of 1924.

as the principal Act),—

Amend- ment of section 2

(a) in clause (iia), for the words "eight feet in height", the words "two and a half metres in height" shall be substituted:

(b) clause (in) shall be omitted;

(1)

(c) in clause (vii), after the word "Board", the words "', and includes a vacancy in such office, arising under sub-section (1A) of section 17" shall be inserted;

(d) after clause (vhi), the following clauses shall be inserted,

namely; —

'(viia) "civil area" means an area declared to be a civil area

by the Central Government under section 43A;

(viib) "civil area committee" means a committee appoint-

ed under section 43A;';

(e) clause (xia) shall be renumbered as clause (xic) and before clause (xic) as so renumbered, the following clauses shall be insert- ed, namely: —

'(xia) "Defence Estates Officer" means the officer appointed by the Central Government to perform the duties of the Defence Estates Officer for the purposes of this Act and the rules made thereunder;

(xib) "Director" means the officer appointed by the Central Government to perform the duties of the Director, Defence Lands and Cantonments, the Cpmmand, for the purposes of this Act and the rules made thereunder and includes the Joint Director;';

(f) in clause (xii), for the words "the Public Works officer of that grade, or the Officer of the Military Engineer Services of the corresponding grade", the words "the Officer of the Military Engi- neer Services of that grade" shall be substituted;

(g) after clause (xiii), the following clauses shall be inserted,

namely: —

'(xiiia) "factory" means a factory as denned in clause (TO)

of section 2 of the Factories Act, 1948;

' f. ⁶³ °f ¹⁹⁴B-

(xiiib) "Forces'* means the Army, Navy and Air Force or

any part of any one or more of them;';

(h) after clause (xiv), the fo'lowinj? clause shall be inserted,

namely: —

'(xv) "hospital" includes family welfare centre, child wel-

fare centre, maternity centre and health centre;';

(0 after clause (xia?), the following clause shall be inserted,

namely: —

' (xixa) "lower grade employee" means daftry, peon, bhisti, mali, lamp-lighter, chowkidar, mazdoor or s-afaiwala or any other employee declared by the Central Government to be a lower grade employee for the purposes of this Act,";

(i) for clause (xx), the following clause shall be substituted,

namely: —

' (xx) "market" includes any place wfiere persons assemble for the sale of, or for the purpose of exposing for sale, meat, fish, fruits, vegetnbYs, animals intended for human food or any other articles of human food whatsoever, with or without the

consent of the owner of such place notwithstanding that there may be no common regulation ior the concourse of buyers and seiierB and whether or not any control is exercised over the business of, or the persons frequenting, the market by the owner of the place or by any other person, but shall not include a single shop or group of shops not being more than six in num- ber and shops within unit lines;';

(k) clause (xxa) shall be omitted;

(I) for clauses {xxi) and (xxii), the following clauses shall be substituted, namely: —

46 of 1950.

62 of 1957.

45 of 1950.

' (xxi) "military officer¹' means a person who, being an officer within the meaning of the Army Act, 1950, the Navy Act, 1957 or the Air Force Act, 1950, is commissioned, gazetted or in pay as an officer doing army, naval or air force duty with the army, navy or air force, or is an officer doing such duty in any arm, branch or part of any of those forces;

(xxii) "nuisance" includes any act, omission, place, animal or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell or hearing or disturbance to rest or sleep, or which is or may be dangerous to life or injurious to health or property;';

(m) for clause (xxiv), the following clause shall be substituted, namely:—

46 of 1950.

62 of 1957.

45 of 1950.

Amend- ment of section 3.

3. In section 3 of the principal Act, in sub-section (2), for the .voids "the Indian Army or the Indian Air force", the words "the Forces" shall be substituted.

i In section 10 of the principal Act, the words "and an Executive

Officer" shall be omitted.

Amend- ment of section 10.

5. Section 12 of the principal Act shall be omitted.

Omission of sec- tion 12.

Amend- ment of section 13.

6, In section 13 of the principal Act, in clause (b) of sub-section (3) and clause (b) of sub-section (4), for the words "a Magistrate of the first class", the words "an Executive Magistrate" shall be substituted.

7. In section 14 of the principal Act, in sub-section (2), for clause

(c), the following clause shall be substituted, namely:'—

Amend' ment of section 14.

"(c) one member, not being a person in the service of the Government, nominated by the Central Government in consultation with the Officer Commanding-in-Chief, the Command.".

8. In section 15 of the principal Act,—

Amend- ment of section 15.

(a) in sub-section (2),—

(i) for the words "three years", the words "five years" shall

be substituted;

(ii) after the proviso, the following proviso shall be inserted,

namely: —

"Provided further that a member whose term of office has been so extended, shall cease to hold office on the date of the notification of the election of his successor under sub- section (7) oi section 13.";

(fa) in sub-section (3), for the words "date of election", the words "date of the notification of his election" shall be substituted.

Amend- ment of section 16.

9. In section 16 of the principal Act, in sub-section (2), in the pioviso, for the words "three months", the words "six months" shall be substituted.

10. In section 17 of the principal Act,—

Amend- ment of section 1 7,

(a) after sub-section (2), the following sub-section shall be

Inserted, namely: —

" (1A) If a person is elected to more than one seat in a Board, then, unless he resigns all but one of the seats within fourteen days from the date on which he is declared elected, or where the dates on which he is declared elected are different in respect of different seats, from the last of such dates, all the seats shall become vacant.";

(b) in sub-section (3), for the words "where there has been a division of the cantonment into wards or of the inhabitants thereof into classes, be deemed to have been elected by such ward or class, as the case may be,", the words "where there has been a division of the cantonment into wards, be deemed to have been elected by such ward" shall be substituted.

11. For section 18 of the principal Act, the following section shall be substituted, namely: —

Substitu- tion of new sec- tion for section 18.

Oath or affirma- tion.

'18. (1) Every person who ia by virtue of his office, or who is nominated or elected to be, a member of the Board shall, before taking his seat, make and subscribe at a meeting of the Board an oath or affirmation of his allegiance to the Constitution of India in the following form, namely: —

become

"I, A.B., having been elected

r —,-—r~j- a member of this Board, do been nominated

.

. that I will bear true faith and allegi- swear in the name of God ., , T .ni , . , .., , 11m-4 solemnly affirm ance to the Constitution of India as by law established and that I will faithfully discharge the duty upon which I am about to enter.".

(2) If any such person fails to make and subscribe the oath or affirmation at one of the first two meetings held after the date of commencement of his term of office, the Central Government shall, by notification in the Official Gazette, declare his seat to be vacant:

Provided that a meeting where the member is absent with the leave of the Board shall not be taken into account.'.

12. In section 19 of the principal Act,—

Amend- ment of section 19.

(a) for sub-section (I), the following sub-section shall be substi- tuted, namely: —

"(1) (a) Any elected member of a Board who wishes to resign his office may give his resignation in writing to the President of the Board who shall forward it for orders to the Central Government under intimation to the Officer Com- manding-in-Chief, the Command.

(b) Any nominated member of a Board who wishes to resign his office may forward his resignation in writing through, the President of the Board to the Officer Commanding-in-Chlef, the Command for orders.";

(b) in sub-section (2), for the words "Central Government", the words "Central Government or the Officer Commanding-in-Chief, the Command, as the case may be," shall be substituted;

(c) alter sub-section (2), the following sub-section shall be inserted, namely: —

"(3) Notwithstanding anything contained in sub-section (2), the resignation of any person elected to more than one seat in a Board from all but one of the seats in pursuance ot sub-section (1A) of section 17 shall take effect when such resignation is received by the President of the Board.".

Amend- ment of section 20,

13. In section 20 of the principal Act, in sub-section (1), in the proviso, for the words "temporary absence from the station on duty or on station leave, or during the transfer of his headquarters to a hill station", the words "temporary absence from the station for a period not exceeding thirty consecutive days" shall be substituted,

14. In section 21 of the principal Act,—

(a) in sub-section (1), for the words "three years", the words Amend- ment of section 21.

"five years" shall be substituted;

(fa) after sub-section (2), the following sub-section shall be inserted, namely: —

"(3) A Vice-President may be removed from his office, at a special meeting convened for the purpose -on a requisition for the same by not less than one-half of the elected members of the Board holding office, by a resolution passed by,a majority of not less than two-thirds of the total number of elected mem- bers then holding office and attending and no member, other than an elected member, shall have the right to vote on the resolution.".

15. In section 22 of the principal Act, in sub-section (1), in clause (fa), Amend- ment of section 22.

for the words "exercise supervision and control over", the words "control, direct and supervise" shall be substituted.

16. For section 24 of the principal Act, the following sections shall be substituted, namely: —

Substitu- tion of new sec- tions for section 24.

'24. (1) For every cantonment there shall be an Executive Officer appointed by the Central Government or by such person aa the Central Government may authorise in this behalf:

Appoint- ment of Executive Officer.

Provided that the Board may empower any of its members or officers to exercise or perform in the absence of the Executive Officer from the cantonment all or any of such powers or duties of an Executive Officer under this Act as the Central Government may, by notification in the Official Gazette, specify in this behalf.

Explanation.—In this proviso, the word "officers" shall mean any

of the supervisory staff of the Board as may be specified by the Board.

(2) Not less than one-half of the cost of the salary of the Execu- tive Officer shall be paid by the Central Government and the balance from the cantonment fund.

(3) The Executive Officer shall be the Secretary of the Board and of every Committee of the Board and may participate in every meeting of the Board and of every Committee of the Board, but, •hall not be a member of the Board or of any such Committee.

24A. Subject to the provisions of clause (b) and clause (d) of sub-section (1) of section 22, the Executive Officer shall—

Duties of Executive Officer.

(a) exercise all the powers and perform all the duties con- ferred or imposed upon him by or under this Act or any other law for the time being in force;

(b) prescribe the duties of, and exercise supervision and control over the acts and proceedings of, officers and other employees of the Board, other than medical officer in charge of the cantonment general hospital or dispensary;

(c) be responsible for the custody of all records of the Board;

(d) arrange for the performance of such duties relative to the proceedings of the Board or of any Committee of the Board or of any Committee of Arbitration constituted under this Act, as those bodies may respectively impose on him;

(e) comply with every requisition of the Board on any matter pertaining to the administration of ,the cantonment.'.

17. In section 28 of the principal Act,—

Amend- ment of section 28.

(a) in sub-section (1), for the words "in receipt of pay in the military or civil service of Government", the words "holding any office of profit under the Government" shall be substituted;

(b) in sub-section (2),—

(i) in the opening portion, for the words "election or nomi- nation as", the words and brackets "being chosen (whether by election or nomination) as, and for being" shall be substituted;

(ii) clauses (dd), (ddd) and (e) shall be re-lettered as clauses (e), (f) and (i) respectively, and,—

(A) in clause (e) as so re-lettered, after the word "Board", the words "or of any other local authority" shall be inserted;

(B) after cleuse (f) as so re-lettered, the following clauses shall be inserted, namely:—

"(g) has, by the authority referred to in clause (f) of section 31, been found to have been guilty of any of the corrupt practices specified in sub-section (2) of section 29 unless a period of five years has elapsed since the date of the finding or the disqualification has been removed either retrospectively or prospectively by an order of the Central Government; or

(fi) fails to pay any arrears of any kind due by him otherwise than as an agent, receiver, trustee or an executor, to the Board within thirty days after the notice in this behalf has been served upon him; or";

(iri)in the proviso, in clause (ii), in sub-clause (d), for the figures "1,500", the figures "3,000" shall be substituted,

18. For section 29 of the principal Act, the following section shall be

substituted, namely:—

Substitu- tion of new sec- tion for section 28.

'29. (I) For the purposes of sections 26, 27 and 28, "person"

Interpre- tation.

means an individual human being.

(2) The following shall be deemed to be corrupt practices within

the meaning of clause (g) of sub-section (2) of section 28: —

(1) "Bribery", that is to say,—

(A) any gift, offer or promise by a candidate or his agent or by any other person with the consent of a candidate or his agent of any gratification, to any person whomsoever, with the object, directly or indirectly of inducing—

(a) a person to stand or not to stand as, or to with- draw or not to withdraw from being, a candidate at an election, or

(b) an elector to vote or refrain from voting at an

election, or as a reward to—

(i) a person for having so stood or not stood, or for having withdrawn or not having withdrawn his candidature; or

(ii) an elector for having voted or refrained

from voting;

(B) the receipt of, or agreement to receive, any grati-

fication, whether as a motive or a reward—

(a) by a person for standing or not standing as, or for withdrawing or not withdrawing from being, a candidate; or

(b) by any person whomsoever for himself or any other person for voting or refraining from voting, or inducing or attempting to induce any elector to vote or refrain from voting, or any candidate to withdraw or not to withdraw his candidature.

Explanation.—For the purposes of this clause, the term "gratification" is not restricted to pecuniary gratifications or gratifications estimable in money and it includes all forms of entertainment and all forms of employment for reward but It does not include the payment of any expenses bona fide incurred at, or for the purpose of, any election.

(2) Undue influence, that is to say, any direct or indirect interference or attempt to interfere on the part of the candidate or his agent, or of any other person with the consent of the candidate or his agent, with the free exercise of any electoral right:

Provided that—

(a) without prejudice to the generality of the provisions of this clause any such person as is referred to therein who— (i) threatens any candidate or any elector, or any person In whom a candidate or an elector is interested,

with injury of any kind including social ostracism and ex-communication or expulsion from any caste or com- munity; or

(ii) induces or attempts to induce a candidate or an elector to believe that he, or any person in whom he is interested, will become or will be rendered an object of divine displeasure or spiritual censure,

shall be deemed to interfere with the free exercise of the electoral right of such candidate or elector within the mean- ing of this clause;

(,£>) a declaration of public policy, or a promise of public action, or the mere exercise of a legal right without intent to interfere with an electoral right, shall not be deemed to interfere within the meaning of this clause.

(3) The appeal by a candidate or his agent or by any other person with the consent of a candidate or his agent to vote or refrain from voting for any person on the ground of his religion, race, caste, community or language or the use of, or appeal to religious symbols or the use of, or appeal to, national symbols, such as the national flag or the national emblem, for the further- ance of the prospects of the election of that candidate or for pre- judicially affecting the election of any candidate.

(•/) The promotion of, or attempt to promote, feelings or enmity or hatred between different classes of the citizens of India on grounds of religion, race, caste, community or language, by a candidate or his agent or any other person with the consent of a candidate or his agent for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate.

(5) The publication by a candidate or his agent or by any other person, with the consent of a candidate or his agent, of any statement of fact which is false, and which he either believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate, or in relation to the candidature, or withdrawal of any candidate, being a statement reasonably calculated to prejudice the prospects of that candi- date's election.

(6) The hiring or procuring, whether on payment or other- wise, of any vehicle or vessel by a candidate or his agent or by any other person with the consent of a candidate or his agent or the use of such vehicle or vessel for the free conveyance of any elector (other than the candidate himself, the members of his family or his agent) to or from any polling station or place fixed for the poll:

Provided that the hiring of a vehicle or vessel by any elector or by several electors at their joint costs for the purpose of con- veying him or them to and from any such polling station or place fixed for the poll shall not be deemed to be a corrupt practice under this clause if the vehicle or vessel so hired is a vehicle or vessel not propelled by mechanical power:

Provided further that the use of any public transport vehicle or vessel or any tramcar or railway carriage by any elector at his own cost for the purpose of going to or coming from any such polling station or place fixed for the poll shall not be deemed to be a corrupt practice under this clause.

Explanation.—In this clause, the expression "vehicle" means any vehicle used or capable of being used for the purpose of road transport, whether propelled by mechanical power or otherwise and whether used for drawing other vehicles or otherwise.

(7) The obtaining or procuring or abetting or attempting to obtain or procure by a candidate or his agent or, by any other person with the consent of a candidate or his agent, any assistance (other than the giving of vote) for the furtherance of the pros- pects of that candidate's election, from any person in the service of the Government or the Board:

Provided that where any person, in the service of the Gov- ernment or the Board in the discharge or purported discharge of his official duty, makes any arrangements or provides any faci- lities or does any other act or thing, for, to, or in relation to, any candidate or his agent or any other person acting with the con- sent of the candidate or his agent (whether by reason of the office held by the candidate or for any other reason), such arrangements, facilities or act or thing shall not be deemed to be assistance for the furthcrence of the prospects of that candi- date's election. Eocplanation.—In this section, the expression "agent" includes any person who is held to have acted as an agent in connection with the election with the consent of the candidate.'.

19. In section 31 of the principal Act, after clause (f), the following clause shall be inserted, namely: —

Amend- ment of section 31.

"(fa) the fee to be paid for admission and consideration of any application relating to election or election disputes;".

20. Section 32 of the principal Act shall be renumbered as sub-section (1) thereof, and—

Amend- ment of section 32.

(a) in sub-section (1) as so renumbered, after the words "his own conduct or", the words "vote or take part in any discussion" shall be inserted;

(b) after sub-section (i) as so renumbered, the following sub- section shall be inserted, namely:-—

" (2) Where any member of the Board present at the meeting of the Board or any committee of the Board believes that the person presiding over such meeting has pecuniary or other interest In any matter under discussion and moves a motion to that effect, the person so presiding—

(a) shall not be entitled to vote on such motion, and (b) shall, if such motion is carried, absent himself from the meeting during such discussion.".

Amend- ment of section 33.

21. In section 33 of the principal Act, for the words "belonging to the Board", the words "belonging to, vested in, or entrusted to the manage- ment of, the Board" shall be substituted,

22. In section 34 of the principal Act, in sub-section (2A),—

(a) for the words "Central Government", the words "Officer

Amend' merit of section 34.

Commanding-in-Chief, the Command" shall be substituted;

(b) the words "through the Officer Commanding-in-Chief, the

Command," shall be omitted.

23. After section 35 of the principal Act and before the heading

"Servants", the following section shall be inserted, namely:—

Insertion of new section 35A.

45 of 1860.

'35A. Every member of the Board shall be deemed to be a public servant within the meaning of the Indian Penal Code, and in the definition of "legal remuneration" in section 161 of that Code, the word "Government" shall, for the purposes of this section, be deemed to include a Board.'.

Member of the Board to be deem- ed a pub- lic ser- vant.

24. In section 36 of the principal Act, in sub-section (4), for the words "menial servant", the words "lower grade employee" shall be substituted.

Amend- ment of section 39

Amend- ment of section 39, 25. In section 39 of the principal Act, in sub-section (2), after the word "President", the words ", or in the absence of the President, the Vice- President, or in the absence of both the President and the Vice-President, the Secretary" shall be inserted,

26. In section 41 of the principal Act,—

(a) in sub-section (1), for the words "the President", the words

Amend- ment of section 41.

"the person presiding over the meeting" shall be substituted;

(b) in sub-section (2), for the words "the Officer Commanding the District, the Officer Commanding the brigade area, the District Magistrate and the Military Estates Officer", the words "the Officer Commanding the Area, the Officer Commanding the sub-area, the District Magistrate and the Defence Estates Officer and in canton- ments where Navy or Air Force stations are located, copies of the minutes shall be forwarded for information to the Command Head- quarters of the Navy or, as the case may be, the Air Force" shall be substituted.

27. In section 42 and in sub-section (2) of section 43, for the word "President", the words "person presiding over the meeting" shall be substituted,

Amend- ment of sections 42 and 43.

28. In section 43A of the principal Act, after sub-section (2), the

following sub-section shall be inserted, namely: —

Amend- ment of section 43A.

"(3) The powers, duties and functions of the Board under

section 126, section 127, sub-section (1) of section 134, section 137, section 139, section 142, section 144, section 189 and section 195 shall be exercised or discharged in respect of a civil area by the civil area committee:

Provided that if the Health Officer dissents from any decision arrived at by the committee under sub-section (1) of section 134, section 137, section 139, section 142, section 144 on health grounds, the matter may be referred to the Board by the President for decision."*

29. In section 44 of the principal Act, after sub-section (3), the follow-

ing sub-section shall be inserted, namely: —

Amend- ment of •ection 44.

" (4) Every regulation made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be com- prised in? one session or in two or more successive sessions, and If, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the regulation or both Houses agree that the regula- tion should not be made, the regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation.".

SO. In section 45 of the principal Act,—

Amend- m.ni of let-turn 45.

(a) in sub-section (1), in clause (b), for the words "aggregate nrea comprising the areas subject to the control of the Board pnd such other local authority", 1'ie wnrds "area subject to the control of the Board and such other local authority (hereafter In this section referred to as the aggregate area)" shall be substituted;

(b) in sub-section (3) ,—

(i) for clauses (a) and (b), the following clause shall be

substituted, namely: —

" (a) where the agreement relates to octroi or terminal tax or toll, the party to the agreement (the Board or as the case may be such other local authority) which is specified in this behalf in the agreement—

(i) shall have the same powers to establish octroi limits and octroi stations and places for the collection of octroi, terminal tax and toll within the aggregate area as it has within the area ordinarily subject to Its control;

(ii) shall have the same powers of collecting such octroi, tax or toll in the aggregate area and the provisions of any enactment in force relating to the levy of such octroi, tax or toll by it shall apply in the same manner ns if the aggregate area were comprised within the area ordinarily subject to its control,";

(ii) clause (c) shall be re-lettered as clause (b) and for f-lau^e (b) as so re-lettered, the following clause shall be sub- stituted, namely: —

" (b) the total of the collection of euch octroi, tax or toll made in the aggregate area and the costs thereby incurred shall be divided between the cantonment fund and the fund subject to the control of such other local authority, in such proportion, as may have been determined by the agreement.".

31, In section 46 of the principal Act, after the words "Central Gov- ernment", the words (ior Finch officer or authority as may be authorised by the Centra] Government in this behalf" shall be inserted.

Amend- ment of section 4fi,

Amend- ment of section 47.

32. In section 47 of the princpal Act, alter the words "Central Gov- ernment or the Officer Commandin^-in-Chief, the Command", the words "or the Director or such other officer or authority as may be authorised by the Central Government in this behalf" shall be inserted.

33. In section 48 of the principal Act, after the words "Officer Com-

Amend- ment ot neclion 40.

manding-dn-Chief, the Command", the words "or the Director" shall be Inserted.

34. In section 51 of the principal Act, in sub-section (2),—

Amend- ment of section 51.

(i) for the words "the health, welfare or discipline of the troops", the words "the health, welfare, discipline or security of the Forces" shall be substituted;

(ii) for the word "District", in both the places where it occurs,

the word "Area" shall be substituted.

35. After section 51 of the principal Act, the following section shall be

inserted, namely: —

Insertion of new section 51A.

"51 A. The Central Government may, at any time, review any

decision or order of the Board or the Officer Commanding-in-Chief, the Command, and pass such orders thereon as it may deem fit:

Power ol Cen- tral Gov- ernment to review.

Provided that where it is proposed to modify a decision or order of the Board, reasonable opportunity shall be given to the Board to show cause why the decision or order in question should not be modified.".

36. In section 56 of the principal Act,—

Amend- ment uf sei.tioii .•()' (a) for the words "military or air force law", in both the places where they occur, the words "Army, Navy or Air Force law" shall be substituted;

(b) for the words "one hundred rupees", the words "five hundred

rupees" shall be substituted.

37. In section 57 of the principal Act,—

(a) in clause (a), for the words "military or air force law",

Amend- ment of section 57.

the words "Army, Navy or Air Force law" shall be substituted;

(b) for the words "fifty rupees", the words "two hundred and

fifty rupees" shall be substituted;

(c) for the words "one hundred rupees", the words "five hund-

red rupees" shall be substituted.

38. In section 58 of the principal Act,—

(a) in sub-sections (1) and (2), io: the word "Magistrate", the

Amend- ment of section 58.

words "Judicial Magistrate" shall be substituted;

5 of 18f>8.

2 of IPV4.

(b) in sub-section (4), for the words and figures "Chapter XLIII of the Code of Criminal Procedure, 1898", the words and figures "Chapter XXXIV of the Code of Criminal Procedure, 1973" shall be substituted.

Amend- ment of section 60.

35). In section 60 of the principal Act, in sub-section (2), after the words "Official Gazette", the words "or where any later date is specified in this behalf in the notification, from such later date" shall be inserted.

40. In section 62 of the principal Act,—

(a) in sub-section (1), for the words "any objection", the words

Amend- ment of section 62.

"such objection" shall be substituted;

(b) for sub-sections (2) and (3), the following sub-section shall be substituted, namely: —

"(2) Unless the Board decides to abandon its proposals contained in the notice published under section 61, it shall sub- mit to the Central Government through the Officer Cornmanding- in-Chief, the Command, all such proposals along with the objec- tions, if any, received in connection therewith together with its opinion thereon and any modifications proposed in accordance with 3uch opinion and the notice published under the said section,".

41. After section 63 of the principal Act, the following section shall be inserted, namely: —

Insertion of new section 63A.

Power of Central Govern- ment to issue directions to the Board.

"63A. (I) Where the Central Government is of opinion that for securing adequate financial provision for the efficient discharge of the duties and functions of a Board it is necessary so to do, it may issue directions to the Board requiring it to impose within the can- tonment area any tax specified in the direction which it is empowered under this Act to impose and which is not already imposed within the said area or to enhance any existing tax in such manner or to such extent as the Central Government considers fit and the Board shall, in accordance with the direction, forthwith impose or enhance such tax in accordance with the provisions of this Chapter;

Provided that—

(a) no such directions shall be issued without giving the Board and the inhabitants of the cantonment area, an opportu- nity of showing cause why such directions should not be issued;

(b) the Central Government shall take into consideration any objection which the Board or any inhabitant of the canton- ment area may make against the imposition or enhancement of such tax;

(c) it shall not be lawful for the Board to modify or abolish such tax when imposed or enhanced without the sanc- tion of the Central Government.

(2) The Central Government may, at any time, cancel or modify any direction issued by it under sub-section (1) with effect from such date as may be specified in the direction and on and from the date so specified the Imposition or enhancement of such tax, shall cease or be modified accordingly.".

42. In section 65 of the principal Act, after sub-section (2), the follow-

ing sub-Bection shall be inserted, namely:-—

Amende ment of section 65.

"(ZA) The liability of the several owners of any building which is, or purports to be, severally owned in parts or flats or rooms or separate tenements for the payment of such tax or any instal- ment thereof payable during the period of such ownership shall be Joint and several.".

43. In section 66 of the principal Act,—

(a) for the word "Board", the words "Executive Officer" shall

Amend- ment of section GQ,

be substituted;

(b) for the words "in such form", the words "in such form and

in such manner" shall be substituted,

44. In section 67 of the principal Act, for the word "Board", the words

"Executive Officer" shall be substituted.

Amend- ment Off section 67,

45. In section 68 of the principal Act,—

(c) in sub-section (1),—

Amend- ment of flection 68.

(i) for the word "Board", the words "Executive Officer"

shall be substituted;

(ii) for the words "when it will proceed", the words "when

the Board will proceed" shall be substituted;

(iii) for the words ''it shall also give", the words "the Exe-

cutive Officer shall also give" shall be substituted;

(b) in sub-section (2), for the word "Board", in both the places

where it occurs, the words "Executive Officer" shall be substituted.

.46. In section 72 of the principal Act, for the word "Board", the words

"'Executive Officer" shall be substituted.

Amend- ment of section 72.

Amend- ment of section 74, 47. In section 74 of the principal Act, in sub-section (2), for the worda "fifty rupees", the words "two hundred and fifty rupees" shall be substituted.

48. In section 75 of the principal Act, after the words "as it thinka

fit", the following words shall be inserted, namely: —

Amend- ment of section 75.

"but no remission or refund shall take effect in respect of any period commencing more than two months before the delivery of such application".

49. In sections 76 and 77 of the principal Act, for the words "such portion of any tax", wherever they occur, the words "one-half of such portion of any tax" shall be substituted.

Amend- ment of sections 76 and 77.

50. In section 77A of the principal Act, for the word "Board", the

words "Executive Officer" shall be substituted.

Amend- ment of section 77A.

Amend- ment of section 79.

51. In section 79 of the principal Act, in sub-section (2), for the words "fifty rupees", the words "two hundred and fifty rupees" shall be substi- tuted.

52. In section 82 of the principal Act,—

Amend- ment of section 82.

(a) in sub-section (2), for the words "fifty rupees", the worda

"two hundred and fifty rupees" shall be substituted;

(b) in sub-section (3), for the word "Board", the words "Execu-

tive Officer" shall be substituted;

(c) in sub-section (5), for the words "to the Board", the words

"to the Executive Officer" shall be substituted.

53. In section 83 of the principal Act, in the proviso, for the word "Board", the words "Executive Officer" shall be substituted.

Amend- ment of section 83

54. In section 84 of the principal Act,—

Amend- ment of section 84.

(a) for sub-section (i) and (2), the following sub-sections shall be substituted, namely: —

"(1) An appeal against the assessment or levy of, or against the refusal to refund, any tax under this Act shall lie to the District Court.

(2) If the District Court, on the hearing of an appeal under this section, entertains reasonable doubt on any question aa to the liability to, or the principle of assessment of, a tax, the Court may, either on its own motion or on the application of the appel- lant, draw up a statement of the facts of the case and the point on which doubt is entertained, and refer the statement with its opinion on the point for the decision of the High Court.";

(b) after sub-section (3), the following Explanation shall be inserted, namely: —

'Explanation.—For the purposes of this section and section B5, section IK5, section 87, section 88 and section 92A, "District Court", in relation to a cantonment, means the principal Civil Court of original jurisdiction having jurisdiction over the area in which that cantonment is situated, and includes such other Civil Court having jurisdiction over that area, as the Central Government may, by notification in the Official Gazette, specify in this behalf, in consultation with the High Court having juris- diction over that area.'.

55. In section 85 of the principal Act, for the words "discretion of the officer", the words "discretion of the District Court" shall be substituted.

Amend- ment of section 85.

56. Section 86 of the principal Act shall be renumbered as sub-section (1) thereof and—

Amend- ment of section 86.

(i) in sub-section (1) as so renumbered, for the words "the officer", the words "the District Court" shall be substituted;

(ii) after sub-section (1) as so renumbered, the following sub- section shall be inserted, namely: —

" (2) Where the appellant fails to pay any costs awarded to Tr the Board within ten days after the date of the order for payment thereof, the same shall be recoverable by the Board in the same manner as moneys recoberable by the Board under section 259.".

57. In section 87 of the principal Act, in the proviso to clause (a), for the word "court", the words "District Court" shall be substituted.

Amend- ment of section 87.

Amend- ment of section 88.

58. In section 88 of the principal Act, for the words "appellate autho- rity", wherever they occur, the words "District Court" shall be substi- tuted.

59. In section 91 of the principal Act, in sub-section (2), for the words "one rupee", the words "two rupees" ehall be substituted.

Amend- ment of section 91.

60. In section 92 of the principal Act, in sub-section (I),—

Amend- ment of section 92.

(a) after the words "by distress and sale of the movable pro- perty", the words ", or attachment and sale of the immovable property" shall be inserted;

(b) after the- proviso, the following proviso shall be inserted, namely: —

"Provided further that the sale of any immovable property attached under this sub-section shall not be made, save under the orders of the Board.".

61. After section 92 of the principal Act, the following section shall be inserted, namely;—

j

Insertion of new section 92A.

Interest payable on taxes due.

"92A. (1) If a person on whom a notice of demand has been served under section 91, does not, within thirty days from the service of such notice, pay the sum demanded in the notice, he shall be liable to pay by way of interest, in addition to the sum and other charges, due,—

(a) one-half per cent, of the sum due for each complete month for the first six months, from the date of the expiry of the period of thirty days aforesaid; and

(b) one per cent, of the sum due for each complete month thereafter, during the time he continues to make default In the payment of the sum due.

(2) The amount of interest shall be recoverable in the same manner as moneys recoverable by the Board under section 259:

Provided that—

(a) where no appeal has been preferred, the Executive Officer

with the previous sanction of.the Board, and .

(b) in any other case, the District Court hearing the appeal

under section 84,

may remit the whole or any part of the interest payable in respect of any period.".

62. In section 94 of the principal Act,—

(a) in sub-section (3),—

Amend- ment of section 94.

(i) for thfe words "from whose possession the property was taken", the words "whose property has been sold or his legal representative" shall be substituted;

(li) after the words "such person", the words "or represen-

tative" shall be Inserted;

(b) in sub-section (4), for the words "one rupee'", the words

"two rupees" shall be substituted.

63. After section 94 of the principal Act, the following section shall be inserted, namely: —

Insertion of new section 94A.

Attach- ment and sale of immov- able pro- perty.

"94A. (1) When a warrant is issued for the attachment and sale of immovable property, the attachment shall be made by an order prohibiting the defaulter from transferring or charging the property in any way, and all persons from taking any benefit from such transfer or charge, and declaring that such property would be sold unless the amount of tax due with all costs of recovery is paid in the office of the Board within fifteen days from the date of attachment.

(2) An order under sub-section (1) shall be proclaimed at some place on or adjacent to such property by beat of drum or other cus- tomary mode and a copy of the order shall be fixed on a conspicuous part of the property and upon a conspicuous part of the office of the Board and also, when the property is land paying revenue to the Government, in the office of the Collector.

(3) Any transfer of or charge on the property attached or any interest thereon made without the written permission of the Execu- 'tive Officer shall be void as against all claims of the Board enforce- able under the attachment.

(4) Where the sum due to the Board together with thff cost In- curred by the Board in the sale of the property, and a sum equal to five per cent, of the purchase money for payment to the purchaser is paid by the defaulter, before the. confirmation of the sale under sub-section (5), the attachment, if any, of the immovable property shall be deemed to have been removed.

(5) After the sale of the property by auction BS aforesaid, It shall be confirmed in writing by the Executive Officer who shall put the person declared to be the purchaser in possession of the same and shall grant him a certificate to the effect that he has pur- chased the property to which the certificate refers.

(6) The Central Government may make rules for—

(a) regulating the manner of execution of warrants for the attachment and sale of immovable property;

(b) charging of fees for the attachment and sale of Im- movable property, to be included in the cost of recovery of the tax due;

(c) summary determination of any claim made by any per- son other than the person liable for the payment of any tax, In respect of any property attached in execution of warrant under this section.".

64. In section 95 of the principal Act,—

(a) in sub-section (1),—

Amend- ment of section 95.-

(i) for the words "remove from the cantonment¹', the, words "move frqm the cantonment" shall be substituted;

(ii) for the words "a bill", the worda "a notice of demand"

shall be substituted;

(b) for sub-section (2), the following sub-section shall be subs-

tituted, namely: —

" (2) If, on the service of ouch notice, such person does not forthwith pay the sum so due or about to become due, the amount shall be leviable by distress and sale of movable property or attachment and sale of immovable property in the manner here- inbefore provided in this Chapter, arid the warrant of su

Amend- ment of section 96.

65. In section 96 of the principal Act, for the words "distress and sale", the words "distress and sale of movable property or attachment and eale of immovable property" shall be substituted.

flO. In section 90 of the principal Act, in sub-section (2), for clause

{f), the following clause shall be substituted, namely:—

Amend- ment of section 99.

" (j) any buildings or lands, or portion of such buildings or lands,

which are the property of the Government.".

67. In section 102 of the principal Act, in the proviso, for the words "fifty rupees", the words "two hundred and fifty rupees" shall be substi- tuted.

Amend- ment of section 102.

68. In section 103 of the principal Act,—

Amend- ment of section 103.

(a) in sub-section (1), in clause (a), for the words "to pay any tax", the words "to pay, or has correctly paid, any tax" shall be subs- tituted;

(b) in eub-section (2), for the words "one hundred rupees", the

words "five hundred rupees" shall be substituted.

69. In section 105 of the principal Act,—

(a) for the words "distress levied", the words "distress levied

or attachment made" shall be substituted;

Amend- ment of section 105.

(b) for the words "warrant of distress", the worda "warrant of

distress or attachment and sale" shall be substituted.

70. In section 107 of the principal Act,—

(a) for sub-sections (1) and (2), the following sub-section Bhall

be substituted, namely: —

Amend- ment of section 107.

'(I) Where in or near a cantonment there is a Government treasury or sub-treasury or a branch of the State Bank of India or a subsidiary bank or a nationalised bank, the cantonment fund shall be kept in such treasury, sub-treasury or bank as the Board may deem fit.

Explanation.—In this section,—

B of 1B70.

(i) "nationalised bank" means a corresponding new bank specified in the First Schedule to the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 or the Banking Companies (Acquisition and Transfer of Undertak- ings) Act, 1980;

40 Of 1980.

(ii) "State Bank of India" means the State Bank of

23 of 1955.

India constituted under the State Bank of India Act, 1955;

38 of 1939.

(Hi) "subsidiary bank" means a subsidiary bank as de- fined in the State Bank of India (Subsidiary Banks) Act, 1959.';

(b) sub-sections (3) and (4) shall be renumbered respectively as sub-sections (2) and (3), and in sub-section (3) as so renumber- ed, for the word, brackets and figure "sub-section (3)", the word, brackets and figure "sub-section (2)" shall be substituted.

71. In section 109 of the principal Act, in the second proviso, clause

[) shall be omitted.

72. In section 113 of the principal Act, in sub-section (1), in clause >), for the words "two hundred rupees", the words "one thousand ipees" shall be substituted.

Amend- ment of section 109. Amend- ment of section 113.

73. In section 114 of the principal Act, in sub-section (1),—

(a) for the words "one hundred rupees", the words *'five hundred Amend- ment of section 114.

rupees" shall be substituted;

(b) in the proviso, for the words "five hundred rupees", the

words "two thousand and five hundred rupees" shall be substituted.

74. In section 116 of the principal Act,—

(a) in clause (h), after the words "sewerage works", the words

"and regulating their use" shall be inserted;

Amend- ment of section 116.

(b) in clause (I), for the word "vaccination", the words "vacci-

nation and Inoculation" shall be substituted;

(c) In clause (p), the word "and" occurring at the end shall be

omitted;

(d) after clause (p), the following clauses shall be Inserted,

namely: —

(pa) establishing and maintaining civil defence services;

(pb) preparing and implementing town planning schemes;".

75. In section 117 of the principal Act, in sub-section (1),—

Amend- ment of section 117.

(a) in clause (g), for the words "local epidemics", the words "local epidemics, floods, famines or other natural calamities" shall be substituted;

(b) clause (j), the word "or" occurring at the end shall be

omitted;

(c) clause (k) shall be relettered as clause (t) and before clause (£) as so relettered, the following clauses shall be inserted, namely: —

" (k) establishing and maintaining cattle ponds;

(I) arranging for civic reception with prior approval of the Officer Commanding-in-Chief, the Command;

(m) providing housing accommodation for any class of Inhabitants;

(n) establishing and maintaining or supporting public hospi- tals and dispensaries, and providing public medical relief;

(0) celebrating Independence Day and Republic Day and Incurring expenditure thereon;

(p) developing land resources under the management of the Board;

(q) preparing and implementing group housing schemes;

(r) establishing remunerative projects;

(s) developing small-scale and cottage Industries;".

76. In section 118 of the principal Act,—

(a) in sub-section (I),—

Amend- ment of section 118.

(1) in clause (a),—

(a) in sub-clause (viii), for the word "carts", the word "vehicles" shall be substituted;

(b) in sub-clause (xv)t—

(1) for the word "Board", in both the places where it occurfl, the words "Executive Officer" shall be substituted;

(2) for the word "cart", in both the places where it

occurs, the word "vehicle" shall be substituted;

(il) in clauses (b) and (g), for the word "Board", the words "Executive Officer" shall be substituted;

{Hi) in clause (h), after the word "shouting", the words "or by using megaphone or loud-speaker" shall be inserted;

(iv) in clause (k), for the words "Board and in such manner" as it may authorise", the words "Executive Officer and in-such manner as he may authorise" shall be substituted;

(v) in clause (J), the word "or" shall be inserted at the end;

(vi) after clause (I), the following clause shall be inserted, namely: —

" (m) uses or permits to be used without previous permis- sion of the Executive Officer any premises for any trade in- volving (Sffensive smell or smoke;";

(vii) for the words "fifty rupees" occurring at the end, the words "two hundred and fifty rupees" shall be substituted;

(b) in sub-section (3), for the words "twenty rupees", th"

words "one hundred rupees" shall be substituted,

77. In section 119 of the principal Act,—

Amend- ment of Section 119.

(a) in sub-section (2), in clause (a), for the word "unit", at both the places where it occurs, the words "unit or establishment or detachment" shall be substituted;

(b) in sub-section (3),—

">

(i) in the opening portion, for the words "A Board", tb"

words "The Executive Officer" shall be substituted;

(ii) in clause (a), for the word "it", the word "he" shall

be substituted.

78. In section 121 of the principal Act, in sub-section (2), in the pro- so, for the words "that Authority", the word "it" shall be substituted.

Amend- ment of section 121.

79. In section 123 of the principal Act, in the proviso, the word*

subject to the permission in writing of the Board," shall be omitted.

Amend- ment of section 123.

80. In section 124 of the principal Act,—

(a) in sub-section (1),—

Amend- ment of section 124.

2 01*1918, (i) for the words and figures "the Cinematograph Act, 1918", the words "any other law relating to sanctioning of cinemato- graph films for exhibition" shall be substituted;

(ii) for the words "or pantomime,", the words ", panto- mime, circus, carnival, exhibition, dance or other similar sho.w for

public recreation or amusement", shall be substituted;

(b) in sub-section (2),—

i

(1) for the words "or pantomime,", the words ", panto- mime, circus, carnival, exhibition, dance or other similar show for public recreation or amusement," shall be substituted;

(ii) for the Words "two hundred rupees", the words "five

hundred rupees" shall be substituted;

(lii) for the words "fifty rupees", the words "two hundred

rupees" shall be substituted;

(c) in sub-section (3), for the words "or pantomime", in both the places where they occur, the words ", pantomime, circus, carni- val, exhibition, dance or other similar show for public recreation or amusement," shall be substituted.

81. In section 125 of the principal Act,—

Amend- ment of section 125.

fa) for the words "or engages in any game in such manner as to cSuse", the words "or detonates or engages in any game or carries on works such as quarries, blasts, timber cutting or building opera- tion in such manner as to cause" shall be substituted;

(b) for the words "fifty rupees", the words "two hundred and fifty rupees" shall be substituted.

82. In section 128 of the principal Act, for clauses (a), (b) and (c), the following clauses shall be substituted, namely: —

Amend- ment of section 128.

"(°) the Officer Commanding the army in the cantonment—all buildings and lands which are occupied or used for army purposes;

(b) the Officer Commanding the navy in the cantonment—all buildings and lands which are occupied or used for naval purposes;

(c) the Officer Commanding the air force in the cantonment—all buildings and lands which are occupied or used for air force pur- poses;

(d) the Officer Commanding the station in the Command—Till buildings and lands occupied or used for any defence purpose, other than those referred to in clauses (a), (b) and (c);

(c) the head of any civil department or railway administration occupying as such any part of the cantonment—all buildings and lands In his charge as head of that department or administration ".

be inserted, namely:—

83. After section 130 of the principal Act, the following section shall [ *f

Insertion of new- section 130A

'130A. (1) It shall be the duty of an occupier of a building or land—

(a) to make adequate arrangements for the house scaveng- ing of the building or land;

Duty of occupier to collect and deposit rubbish, etc. (b) to provide receptacles of the type and in the manner prescribed by the Executive Officer for the collection therein of all filth, rubbish and other offensive matter from such building or land and to keep such receptacle in good condition and repair;

(c) to cause all filth, rubbish and other offensive matter collected in receptacles and to be removed and deposited in the public receptacles, depots or places provided or appointed under sub-section (1) of section 132

(2) For the purposes of this section and section 131, "house scavenging" means the removal of filth, rubbish or other offensive matter from a privy, latrine, urinal, dram, cesspool or other common receptacle for such matter.'.

M. In section 131 of the principal Act,—

(a) in sub-section (1),—

Amend- ment of section 131, (i) for the words "the Board", the words "the Executive Officer" shall be substituted;

(ii) for the words "a Board", the words "the Executive Officer" shall be substituted;

(in) for the words "for such period as it thinks fit on such terms as it may prescribe", the words "for such period as ht thinks fit on such terms as he may specify" shall be substituted;

(b) In sub-section (2)—

(i) for the words "the Board", the words "the Executive

Officer" shall be substituted;

(ii) for the words "that Board", the words "the Board"

shall be substituted;

(c) sub-section (3) shall be omitted.

85. In section 132 of the principal Act, In sub-section (2), for the

word "Board", the words "Executive Officer" shall be substituted.

Amend- ment of section 132.

86. In section 133 of the principal Act, in clause (a), in sub-clause (iv), the words "situate at not more than one hundred feet from the nearest boundary of the premises," bhall be omitted.

Amend- ment of section 133.

87. In section 134 of the principal Act, in Sub-section (2), after the

words "the Command", the words "or the Director" shall be inserted.

Amend- ment of section 134

. 88. In section 135 of the principal Act,—

(a) for the words "A Board", the words "The Executive

Officer" shall be substituted;

Amend- ment of section 135.

(b) for the words "in its opinion", the words "in his. opinion*¹

shall be substituted.

89. In section 136 of the principal Act,—

(a) for the word "Board", in both the places where it occurs,

Amend- ment of section 130.

the words "Executive Officer" shall be substituted;

12 of 1911.

(b) in the proviso, for the words and figures "Indian Factories Act, 1911", the words nnd figures "Factories Act, 1948" shall be substituted.

63 of 1948.

90. In section 139 of the principal Act, in sub-section (2),

(a) for the words "fifty rupees", the words "two hundred and

fifty rupeeb" shall be substituted;

Amend- ment of section 139.

(b) for the words "five rupees", the words "twenty-five rupees"

shall be substituted.

91. For section 141 of the principal Act, the following section shall be

substituted, namely:—

Substitu- tion of new section for sec- tion 141.

"141. (1) If any building or land, whether tenantable or other-

wise, is—

(i) in an insanitary, filthy or unwholesome state; or

(ii) in the opinion of the Executive 'Officer, a nuisance to

Power to require land or building to be gleansed

persons residing hi the neighbourhood; or

(ifi) overgrown with prickly-pear or rank and noisonn vegetation,

the Executive Officer may, by notice in writing, require the owner lessee or occupier of such building or land to clean, lime-wash internally or externally, clear, or otherwise put such building 01 land in a proper state within such period as may be specified in the notice.

(2) Any person who fails to comply with the notice issued under sub-section (2) shall be punishable with fine which may extend to five hundred rupees, and, in the case of a continuing offence, with an additional fine which may extend to twenty-flv" rupees for each day after the first during which the offence conti- nueB.".

92. In section 143 of the principal Act,—

(a) for the words "A Board", the words "The Executive Officer"

Amend- ment of sectioa 148.

shall be substituted;

'

(b) for the words "to it", the words "to him" shall be substi- tuted.

93. In section 145 of the principal Act, for the words "A Board", the words "The Executive Officer" shall be substituted.

Amend-

ment of

section

145.

94. For section 150 of the principal Act, the following section shall ba substituted, namely: —

Substitu- tion of new section for sec- tion 150.

Obliga- tion con- cerning infectious or con- tagioug diseases "150. (1) Any person being in charge of, or in attendance, whether as a medical practitioner or otherwise, upon any person In a cantonment whom he knows or has reason to believe to be suffering from a contagious or infectious disease, or being the owner, lessee or occupier of any building in a cantonment in which he knows that any person is so suffering, shall, forthwith give information to the Board respecting the existence of such disease.

(2) No person shall—

(a) knowing that he is suffering from a contagious or an infectious disease, expose other persons to the risk of infection by his presence or conduct in any public street or public place;

?

(b) having the care of a person whom he knows to be suffering from a contagious or an infectious disease cause or permit that person to expose other persons to the risk of infection by his presence or conduct in any such street or place as afore- said;

(c) place or cause to be placed in a dustbin or other receptacle for the deposit of rubbish any matter which he knows or has reason to believe to have been exposed to infection from a contagious or an infectious disease and which has not been dis- infected properly;

(d) throw or cause to be thrown into any latrine or urinal any matter which he knows or has reason to believe to have been exposed to Infection from a contagious or an infectious disease and which has not been disinfected properly.

(3) Nothing contained in sub-section (1) or sub-section (2) shall apply in the case of venereal disease where the person suffering therefrom is under specific and adequate medical treatment and is by reason of his habits and conditions of life and residence unlikely to spread the disease.

(4) Whoever—

(a) fails to give information or gives false information to the Board respecting the existence of such disease ag is referred to in sub-section (I), or

(b) contravenes the provisions of sub-section (2),

shall be punishable with fine which may extend to five hundred rupees:

':

Provided that no person shall be punishable for failure to give information if he had reasonable cause to believe that the Information had already been duly given.".

95. In section 159 of the principal Act, for the words "one hundred

rupees", the words "five hundred rupees" shall be substituted.

Amend- ment of section 109.

9B. In section 164 of the principal Act, in sub-section (1), for the

word "Board", the words "Executive Officer" shall be substituted.

Amend- ment of section 164.

97. In section 167 of the principal Act, for the words "one hundred

rupees", the words "five hundred rupees" shall be substituted.

Amend- ment of section 167.

98. In secfion 173 of the principal Act, the proviso shall be omitted.

Amend- ment of section 173.

99. In section 178 of the principal Act,—

(a) in sub-section (1), for the word "sweeper", the word

Amend- nent of section 178.

"safaiwala" shall be substituted;

(b) in sub-section (3), for the words ' "sweeper" Includes any menial servant', the words '"safaiwala" includes any lower grade employee' shall be substituted.

100. For section 178A of the principal Act, the following section shall

be substituted, namely: —

"178A. No person shell erect or re-erect a building on any land

Substitu- tion of new sec- tion for section 178A. Sanction ing.

in a cantonment—

(a) in an area, other than the civil area, except with the

previous sanction of the Board;

(fa) in a civil area, except with the previous sanction oi

the Executive Officer,

nor otherwise than in accordance with the provisions °f this Chap- ter and of the rules and bye-laws made under this Act relating to the erection and re-erection of buildings,¹'. .

101. la section 179 of the principal Act,—

(a) for sub-section (1), the following sub-section shall be substi- tuted, namely: —

Amend- ment of section 179.

"(i) Whoever intends to erect or re-erect any building in a cantonment shall apply for sanction by giving notice in writ- ing of his intention,—

(a) where such erection or re-erection is in an area,

other than the civil area, to the Board;

(b) where such erection of re-erection is in a civil area, to the Executive Officer.";

(b) in sub-section (2), after clause (e), the following clause shall

be inserted, namely: —

" (ee) converts into a dispensary, stall, shop, warehouse, godown, factory or garage any building originally constructed for human habitation, or".

102. In Bection 180 of the principal Act, in sub-section (2), for the word "Board", the words "Board or the Executive Officer, as the case may be," shall be substituted.

Amend- ment of section 180.

103. After section 180 of the principal Act, the following section Insertion of new shall be inserted, namely: —

section

180A.

"180A. Tlie powers, duties and functions of the Board under

section 181, &ub-section (1) of section 182, section 183, section 183A and section 185 [excluding the provisos to sub-section (1) and the proviso to sub-section (2) of the said section 185] shall be exercisedi or discharged in a civil area by the Executive Officer.".

Powers of Board under certain sections •xercls- able by Execu- tiva Officer.

104. In section 181 of the principal Act,—

(a) for sub-section (2), the following sub-section shall be sub-

stituted, namely: —

Amend- ment of section 181.

"(2) The Board may refuse to sanction tha erection or re-erection of any building on any grounds sufficient in the opinion of the Board affecting the particular building;

Provided that the Board shall refuse to accord sanction the erection or re-erection of any building if such erection or re- erection is not in conformity with any general scheme sanctioned under section 181 A.";

(b) in sub-section (3), for the words "Military Estatee Officer", wherever they occur, the words "Defence Estates Officer" shall be substituted;

t(c) in sub-section (4), after clause (a), the following clause

Bhall be inserted, namely: —

" (ftc) when the land on which it is proposed to erect or re- erect the building is entrusted to the management of the Board by the Government if the erection or re-erection constitutes a breach of the terms of the entrustment of management or contravenes any of the instructions issued by the Government regarding the management of the land by the Board, or".

105. After section 181 of the principal Act, the following section shall

be inserted, namely: —

Insertion of new section 181A.

"181A. The Officer Communding-in-Chief, the Command may sanction a general scheme of erection or re-erection of buildings within such limits as may be specified in the sanct on for the pre- vention of over-crowding or for purpose of sanitation, or in the interest of persons residing within those limits or for any other purpose, and may, in pursuance oi such scheme, impose restrictions on the erection or re-erection oJ; buildings within those limits:

Power to sanction general scheme for pre- vention of over- crowding, etc.

Provided that no such scheme shall be sanctioned by the Officer Commanding-in-Chief, the Command, unless an opportun.ty has been given by a public notice to be pabiiahed locaLy by the Executive Officer requiring persons affected or likely to be affected by the pro- posed scheme, to file their objections or suggestions in the manner specified in the notice, within a period of fifteen days of the publi- cation of such notice, and after considering such objections and sug- gestions, if any, received by the Executive Officer within the said period.".

106. After section 183A of the principal Act, the following section

shall be inserted, namely: —

Insertion of new section 183B.

Comple- tion notice.

"183B. Every person to whom sanction for the erection or re- erection of any building in any area in a cantonment has been given or deemed to have been given under section 181 by the Board or the Executive Officer, as the case may be, shall, wHbin thirty days after completion of the erection or re-erection of the building give a notice of completion in writing to the Board or the Executive Officer, as the case may be, and the Board or the Executive Officer shall on receipt of such notice cause the building to be inspected in order to ensure that the building has been completed in accordance with the sanction given by the Board or the Executive Officer, as the case may be.".

107. In section 184 of the principal Act, for the words "five hundred

rupees", the words "five thousand rupees" shall be substituted.

Amend- ment of section 184.

108. In section 186 of the principal Act,—

(a) in clause (a), for the word "Board", the words "Board or

the Executive Officer, as the case may be," shall be substituted;

Amend- ment of section 186.

(b) after clause (a), as so amended, the following dause shall be inserted, namely.—

" (aa) the manner in which and the form in which a notice of completion of erection or re-erection oi; any building in the cantonment snail tie given to tne board or the Executive Officer, as the case may be, and the iniormdiion and plans to be fur- nished with the notice;";

(c) in clause (j),—

(i) in sub-clause (iv), for the word "fire-places", the words "stair-cases, fire-places" shall be substituted;

(ii) in sub-clause (m), for the words "and the stability of the structure", the words ", the staDility of the structure and the protection of building from dampness arising from sub-soil'' shall be substituted;

(liti) in sub-clause (x), for the words "iiity maunds'¹, the words "eighteen quintals" shall be substituted.

109. In section 190 of the principal Act, for the words "A Board", the words "The Executive Officer" shall be substituted.

Amend- ment oi section 190.

110. Section 191 of the principal Act shall be renumbered as sub- section (1) thereof, and—

Amend- ment of section 191.

(a) in sub-section (1), as so renumbered,—

(i) for the words "A Board", the words "The Executive Officer" shall be substituted;

(ii) for the words "as it may prescribe", the words "as the Board may prescribe" shall be substituted;

(b) after sub-section (1), as so renumbered, the following sub-section shall be inserted, namely: —

" (2) Where any article or thing is placed on any street or land under the management of the Board or the Defence Estates Officer so as to form an obstruction thereto or any encroach- ment thereon, the Executive Officer or, as the case may be, the Defence Estates Officer, may cause such article or thing to be removed and recover from the person who placed such article or thing the expenses incurred In that behalf in the same manner as moneys recoverable by the Board under section 259 and may also, if such person fails to offer satisfactory explana- tion, order the confiscation of such article or thing.".

1H. In section 192 of the principal Act,—

(a) in sub-section (1), after the words "Officer Commanding-in- Chief, the Command", the words "or the Director" shall be inserted;

Amend- ment of section 192.

(b) in sub-section (2), for the words "A Board", the words "The Executive Officer" shall be substituted.

112. In section 193 of the principal Act,—

(a) for sub-section (1), the following sub-section shall be sub- stituted, namely: —

Amend- ment of section 193.

"(1) A Board may determine the name or number by which any area, street or public place in the cantonment shall be

known, may cause such name or number to be affixed on any building in the cantonment in such place as it .thinks fit and may also cause a number to be affixed to any such building.";

(fa) in sub-section (2), for the words "twenty rupees", the words "one hundred rupees" shall be substituted;

(c) in sub-section (3),—

(0 for the word "number" at both the places where it occurs,

the words "name or number" shall be substituted;

(ii) for the word "Board", the words "Executive Officer"

shall be substituted.

113. In section 194 of the principal Act,—

(a) in sub-section (1), for the word "Board", the words "Execu-

Amend- ment of section 194.

tive Officer" shall be substituted;

(b) in sub-section (2),—

(i) in the opening portion, for the words "A Board", the

words "The Executive Officer" shall be substituted;

(ii) in the proviso, for the words "orders of the Board'4', the words "orders of the Executive Officer" shall be substituted;

(c) in sub-section (3), for the word "Board", the words

"Executive Officer" shall be substituted.

114. In section 196 of the principal Act,—

(a) for the words "twenty rupees¹', the words "two hundred and

Amend- ment of section 108.

fifty rupees" shall be substituted;

(b) for the words "five rupees", the words "fifty rupees" shall

be substituted

115. In section 200 of the principal Act,—

Amend- ment of section 200.

(a) in the proviso, after the words "General Officer Command- lng-in-Chief of the Command", the words "or the Director" shall be inserted;

(b) after the proviso, as so amended, the following further

proviso shall be inserted, namely: —

"Provided further that the enjoyment of any such afore- said right by any person for any length of time shall never be deemed to create or confer any tenancy right in such stall, shop, standing, shed, pan, public market or public slaughter-house.".

116. In section 202 of the principal Act,—

Amend- ment of section 202.

(a) in sub-section (2), in clause (b), the words ", when such animals are slaughtered for consumption by the troops or for the purpose of the sale of the flesh thereof to the troops" shall be omitted;

(b) in sub-section (3),—

(i) for the words "fifty rupees", the words "two hundred

and fifty rupees" shall be substituted;

(*i) for the words "ten rupees", the words "flfty rupees"

shall be substituted.

117. In section 204 of the principal Act, in sub-section (1),—

(a) for the words "fifty rupees", the words "two hundred and

Amend- ment of section 204.

fifty rupees" shall be substituted;

(b) for the words "five rupees", the words "twenty-five rupees"

shall be substituted.

118. In section 205 of the principal Act,—

(a) for the words "fifty rupees", the words "two hundred and

fifty rupees" shall be substituted;

Amend- ment of section 205.

(6) for the words "five rupees'', the words "twenty-five rupees"

shall be substituted.

119. In section 207 of the principal Act, in sub-section (1), for the words "the President of the Board,", the words "the President of the Board or the Executive Officer" shall be substituted,

Amend- ment of section 207.

120. In section 208 of the principal Act,—

(a) in clause (/), the word "and" occurring at the end shall be

Amend- ment of section 208.

omitted;

(b) after clause (g), the following clause shall be inserted,

namely: —

"(h) any other matter with respect to the regulation of

such markets and slaughter-houses.".

121. In section 209 of the principal Act, in sub-section (3), for the words "twenty rupees", the words "one hundred rupees" shall be substituted.

Amend- ment of section 209.

122. In section 210 of the principal Act,—

(a) in sub-section (1),—

Amend- ment of section 210.

(i) after clause (i), the following clause shall be inserted,

namely: —

"((a) vendors of spirituous liquor;";

(ii) In clause (q), the word "and" occurring at the end

shall be omitted;

(Hi) after clause (r), the following clause shall be inserted,

namely: —

"(s) any other persons carrying on such other trade, calling or occupation as the Central Government may, by notification in the Official Gazette, specify in this behalf;";

(b) jn sub-seet'on (2), for the words "are unsuitable", the

words "are unfit or unsuitable" shall be substituted;

8 of 1899. 30 of 1934.

(c) in sub-section (3), in clause (b), for the words and figures "Indian Petroleum Act, 1899", the words and figures "Petroleum Act, 1934" shall be substituted;

(d) in sub-section (4), for the words "such fees not exceeding the cost of granting the licences", the words "such reasonable feee" shall be substituted.

123. In section 213 of the principal Act,—

(a) for the words "two hundred rupees", the words "five hund- Amend- ment of section 213.

red rupees" shall be substituted;

(b) for the words "forty rupees", the words "fifty rupees" shall

be substituted.

124. In section 214 of the principal Act, for the words "fifty rupees",

the words "two hundred rupees" shall be substituted.

Amend- ment of section 214..

125. In section 215 of the principal Act, in sub-section (4), for the words "one hundred rupees", the words "five hundred rupees" shall be substituted.

Amend- ment of section 218.

126. In section 216 of the principal Act,—

(o) in sub-section (I),—

Amend- ment of section 216.

(i) for the words "of the Board", the words "of the Executive

Officer" shall be substituted;

(ii) the following proviso shall be added, namely: —

"Provided that the Executive Officer shall not grant ¹ ' such permission unless recommended by the Health Officer.";

(b) In sub-section (3), for the words "fifty rupees", the words

"two hundred and fifty rupees" shall be substituted.

127. In section 219 of the principal Act, for the word "Board",

wherever it occurs, other than in the proviso, the words "Executive Officer'' shall be substituted.

Amend- ment of section 219,

128. In section 221 of the principal Act, for the word "Board", in both the places where it occurs, the words "Executive Officer" shall be substituted.

>

Amend- ment of section 221.

129. In section 224 of the principal Act,—

Amend- ment ot section 224.

(a) in clause (a), for the words "as the Board may appoint", the words "as the Executive Officer may appoint" shall be substituted;

(b) in clause (b), for the words "authorised by it", the words

"authorised by him" shall be substituted;

(c) in clause (c),—

(i) for the word "Board", at the first place where it occurs,

the words "Executive Officer" shall be substituted;

(n) in sub-clause (v), for the words "by the Executive Officer", the words "by any other officer or servant of the Board authorised by the Executive Officer in writing in this behalf" shall be substituted.

130. In section 226 of- the principal Vt, for the words "fifty rupees",

the wordy "two hundred and fifty rupees" shall be substituted.

Amend- ment of :'potion 226.

131. In section 230 of the principal Act,—

(a) for the words "A Board", the words ''The Executive Officer"

Amend- ment of section 230.

shall be substituted;

(h) for the words "testing the quantity of any water, or the quanUty or quality of any gas", the words "measuring the quantity of any water or gas or testing the quality thereof" shall be substi- tuted,

132. In section 231 of the principal Act, for the words "to the satis- faction of the Board", the words ''to the satisfaction of the Executive Officer" shall be substituted.

Amend- ment of section 231.

Amend- ment of yection 232.

133. In sec ion 232 of the principal Act, for the words "for testing the quantity or quality thereof, the words "for measuring the quantity, or testing 1hc quality thereof" shall be substituted.

134. In section 236 of the principal Act,—

(a) in sub-section (1), for the words "two hundred rupees",

the words "five hundred rupees" shall be substituted;

Amend- ment of 1-ection 236.

(b) in sub-section (2), before the words "or Air Force", the

word ", Naval" shall be inserted.

135. In section 238 of the principal Act,—

(a) in sub-section (1) ,•—

Amend- ment of section 238.

(i) in the opening portion, for the words "Magistrate of the first class", the words "Judicial Magistrate of the first class" shall be substituted;

(ii) clause (c) shall be omitted;

5 of 1898.

2 of 1974.

(Hi) in clause (d), for the words and figures "Code of Criminal Procedure, 1898", the words and figures "Code of Criminal Procedure, 1973" shall be substituted; (h) in sub-section (3), for the words "so directs", the words

"so agrees" shall be substituted.

136. In sect;on 239 of the principal Acf, in sub-section (1), for the words "Armed Forces of the Union", the word "Forces" shall be substituted.

Amend- ment of Election 230.

137. In section 240 of the principal Act,—

(a) for the words ''two hundred rupees", the words "five hund-

red rupees'' shall be substituted;

Amend- ment of faction 240

lf>! for the words "twenty rupees", the words "fifty rupees"

shall he .'ubstituted,

Amend- ment of •vrtlon 138. In section 241 of the principal Act, for the words "authorised by the Health Officer", the words "authorised by the Executive Officer or the Health Officer¹' shall be substituted.

59 G of I

139. In section 243 of the principal Act, in sub-sections (1) and (2), after the word "Board", the words "or the Executive Officer" shall be inserted.

Amend- ment of .section 243.

140. In section 247 of the principal Act, for the proviso, the following

proviso shall be substituted, namely: —

Amend- ment of section 247.

"Provided that no such notice shall be necessary if the place to be inspected is a factory or workshop or trade premises or a place used for carrying on any trade, calling or occupation specified in section 210 or a stable for horses or a shed for cattle or a latrine, privy or urinal or a work under construction, or for the purpose of ascertaining whether any animal intended for human food is slaughtered in that place in contravention of this Act or any bye- law made thereunder.".

141. In section 24.9 of the principal Act,—

(a) for the words "employed by a Board", the words "acting on Amend- ment of section 249.

behalf of the Board" shall be substituted;

(b) for the words "one hundred rupees", the words "five hund-

red rupees" shall be substituted.

142. In section 250 of the principal Act, in the proviso, in clause (b), in sub-clause (ii), before the words "or Air Force", the word ", Naval" shall be inserted.

Amend- ment of section 260.

143. In section 251 of the principal Act, for the words "commission of any offence", the words "commission of, or attempt to commit, any offence" shall be substituted.

Amend- ment of eection 251.

144. Section 253 of the principal Act shall be renumbered as sub- section (1) thereof and after sub-section (1) as so renumbered, the following sub-sections shall be inserted, namely: —

Amend- ment of section 253.

" (2) Whenever under this Act or any rule or bye-law made thereunder the doing of, or the omission to do, anything or the validity of anything depends upon the approval, sanction, consent, concurrence, declaration, opinion or satisfaction of the Board, a written document signed by any officer or member specified in sub-section (1) purporting to convey or set forth such approval, sanction, consent, concurrence, declaration, opinion or satisfaction, shall be sufficient evidence thereof.

(3) Every licence, written permission, notice, bill, summons or other document which is required by this Act or any rule or bye- law made thereunder to bear the signature of the President, Vice- President or Executive Officer, or of any such member of any com- mittee as has been specially authorised by the Board in this behalf shall be deemed to be properly signed if it bears facsimile of the signature of any such officer or member, as the case may be, stamped thereon.",

145. In section 256 of the principal Act,—

Amend- ment of section 256.

(a) after the words "lawful for the Board", the words "or the civil area committee or the Executive Officer at whose instance the rfotice, order or requisition has been issued" shall be inserted;

(b) for the words "recoverable by the Board", the following

shall be substituted, namely: —

"recoverable by the Executive Officer on demand, and if not paid within ten days after such demand, shall be recover- able in the same manner as moneys recoverable by the Board under section 259:

Provided that where the action or step relates to the demo- lition of any erection or re-erection under section 185 or the removal of any projection or encroachment under section 187, the Board or the civil area committee or the Executive Officer may request any police officer to render such assistance as considered necessary for the lawful exercise of any power in this regard and it shall be the duty of such police officer to render forthwith such assistance on such requisition.".

146. After section 256 of the principal Act and before the heading "Recovery of •money"', the following section shall be inserted, namely: —

Insertion of new section 256A.

Occupier not to OMruct owner when comply ing wjti notice.

"256A. If the owner of any property in respect of which a notice as i% referred to in section 256 has been given is prevented by the occupier from complying with such notice, the Board or the civil area committee or the Executive Officer at whose instance such notice has been given, may, by order, require the said occupier to permit the owner within eight days from the date of service of such notice to take all such action as may be necessary to comply with the said notice and such owner shall, for the period during which he is prevented as aforesaid, be exempt from any fine or penalty to which he might otherwise have become liable by reason of non- compliance with such notice*,".

147. In section 257 of the p acipal Act, in sub-section (1),—

Amend- ment of section 257.

(a) after the words "v e Board", the words "or the civil area committee or the Executn Officer at whose instance such notice has been issued" shall be \ serted;

(b) for the words "pa to it" the words "pay to it 3r him"

shall be substituted;

(c) for the proviso, lu following proviso shall be substituted,

namely: —

"Provided that, it 2 occupier, on application made to him

by the Board or the c 11 area committee or the Executive Officer at whose instan ;e such notice has been issued, refuses truly to disclose the amount of his rent or the name or address of the person to whom it is payable, the Executive Officer may recover from the occupier the whole amount recoverable under section 256 in the same manner as moneys recoverable by tbo Board under section 259.".

148. In section 259 of the principal Act,—

(a) in sub-section (i),—

Amend- ment of section 259.

(i) for the words "rent on land and buildings and any other money recoverable by a Board or a Military Estates Officer¹¹', the words "and any other money recoverable, including rent on land and buildings due under leases or licences executed by or in favour of a Board or the Defence Estatea Officer," shall be substituted;

(ii) for the word ''Magistrate¹', the words "Judicial Magis- trate" shall be substituted;

(iii) for the words "by the distress and sale of any mov- able property of, or standing timber, or growing crops belong- ing to, such person which i$ within the limits of such Magistrate's jurisdiction", the words "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" shall be substituted;

(b) in sub-section (2),—

(i) for the word "Magistrate", the words "Judicial Magis- trate" shall be substituted;

(it) for the words "Military Estates Officer", the words "Defence Estates Officer" shall be substituted;

(c) after sub-section (2), the following sub-section shall be inserted, namely: —

2 of 1974.

"(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, 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.".

1^9. In section 266 of the principal Act, sub-section (2) shall be omitted.

Amend- ment of section 266.

150. In section 288 of the principal Act,—

(a) for the words "two hundred rupees", the words "five hund- red rupees" shall be substituted;

Amend- ment of section 268.

(o) for the words "twenty rupees", the words "fifty rupees" shall be substituted.

Insertion

151. After section 268 of the principal Act, the following section shall be inserted, namely:—

of new section 268A.

'268A. (1) Where an offence under this Act has been committed by a company, every person who, at the time the- offence was Offences by com* panies.

committed, was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be procseeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exer- cised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved thai the offence has been committed with the con- sent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanation.—For the purposes of this section,—

(a) "company" means any body corporate and includes a firm or other association of individuals; and

(b) "director", in relation to a firm, means a partner in the firm.'.

152. For section 269 of the principal Act, the following section shall be substituted, namely: —

Substitu- tion of new section for sec- tion 269.

Concolla- tion or suspen- sion of licences, etc. "269. Where any person to whom a licence or written permission has been granted under this Act or any agent or servant of such person commits a breach of any of the conditions thereof, or of any bye-law made under this Act for the purpose of regulating the manner or circumstances in, or the conditions subject to, which anything permitted by such licence or written permi^aon is to be or may be done, or where the Board or the civil area committee, as the case may be, is satisfied that such licence or written permission has been secured by the holder through misrepresentation or fraud, the Board or the civil area committee, as the case may be, may, without prejudice to any other penalty which may have been incurred under this Act, by order in writing, cancel the licence or written permission or suspend it for such period as it thinks fit:

Provided that no such order shall be made unless an oppor- tunity has been given to the holder of the licence or written permis- sion to show cause why it should not be made.".

153. In section 270 of the principal Act,—

(a) for the words "by the Magistrate", the words "by the Judi- cial Magistrate" shall be substituted;

Amend- ment of section 270.

(b) for the words "by distress and sale of the movable property of such person, and the Magistrate shall issue a warrant for its recovery accordingly", the words "either by the distress and sale of the movable property of such person, or by the attachment and sale of the immovable property of that person, or by both these

2 of 1974.

methods and the Judicial Magistrate shall recover the amount in accordance with the provisions of sections 421 and 422 of the Code of Criminal Procedure, 1973, as if it were a fine recoverable under a sentence passed by him" shall be substituted.

154. In section 271 of the principal Act, for the word "Magistrate",

the words "Judicial Magistrate" shall be substituted.

Amend- ment of section 271.

155. In section 274 of the principal Act,—

Amend- ment of section 274.

(a) in sub-sec+ion (1), for the words "second column" and "third column", the words "third column" and "fourth column" shall respectively be substituted;

(b) in sub-section (2), for the words "fourth column", the

words "fifth column" shall be substituted;

9 of 1908 36 of 1963.

(c) in sub-section (3), for the words and figures "Indian Limi- tation Act, 1908", the words and figures "Limitation Act, 1963" shall be substituted.

15tt. For section 276 of the principal Act, the following section shall

be substituted, namely: —

Substitu- tion of new section for sec- tion 276. Suspen- sion of action pending appeal.

"276. On the admission of an appeal from an order, other than an order contained in a notice issued under section 140, section 176, section 181, section 206 or section 238, where the appellate authority so directs, all proceedings to enforce the order and all prosecutions for any contravention thereof shall be held in abeyance pending the decision of the appeal, and, if the order is set aside on appeal, dis- obedience thereto shall not be deemed to be an offence.".

J 57. In section 2U0 of the principal Act, in sub-section (2),-~

(?) for clause (c), the following clause, shall be substituted,

namely: —

Amend- ment of section 280.

" (c) the tenure of office, salaries and allowances, provident

funds, pensions, gratuities, leave of absence and other conditions

of service of servants of Boards;";

(ii) clauses (cc), (e) and (/) shall be omitted.

158. In section 281 of the principal Act,—

(a) after sub-section (i), the following sub-section shall be

inserted, namely:—

Amend- ment of .section 281.

"(1A) The power to make rules under clause (c) of sub- section (2) of section 280 shall include the power to give retros- pective effect from a date not earlier than the date of commence- ment of the Cantonments (Amendment) Act, 1983, to the rules or any of them but no retrospective effect shall be given to any rule so as to prejudicially affect the interests of any person to whom such rule may be applicable:

Provided that where any rule has to be given retrospective operation, the reasons therefor and the effect of giving such retrospective operation shall be published along with the draft of the rules when such draft is published for eliciting public opinion under sub-section (1) of section 280.";

(b) in sub-section (2), for the words "rules so made", the words "rules madti under this Act" shall be substituted and after sub- section (2) as so amended, the following sub-section shall be insert- ed, namely: —

"(3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modi- fication or annulment shall bo without prejudice to the validity of anything previously done under that rule.".

159. In section 282 of the principal Act,—

(a) for clause (2), the following clause shall be substituted,

Amend- ment of section 282.

namely: —

"(2) the enforcement of compulsory vaccination and inocu- lation and levy of fees where such vaccination or inoculation Is carried out at the houses of residents;";

(b) for clause (4), the following clause shall be substituted, namely: —

" (4) the regulation of any description of traffic in the streets and the enforcement of measures for the reduction of noise caused thereby or the prohibition, of any description of such traffic;";

(c) in clause (6), after the words "the cantonment", the words "and regulation and control of cattle pounds" shall be inserted;

(d) in clause (14), the words "pounds, washing-places," shall be omitted;

(e) in clause (16), for the words and figures "under section 210", the words and figures "under section 124 or section 210" shall be substituted;

(f) in clause (18), after the words "the cantonment", the words "and the fees chargeable in respect thereof" shall be inserted;

(g) after clause (19), the following clause shall be inserted, namely: —

" (19A) the form of and the particulars which shall be con- tained in a development scheme or an improvement scheme and the manner in which such scheme shall be framed or altered;";

(h) in clause (21), after the word "animals", the words "and the fees chargeable in respect thereof shall be inserted;

(,i) in clause (25),—

(a) in sub-clause (b), after the words "on hire", the words ''or used for hawking articles" shall be inserted;

(b) in sub-clause (c), after the words "for hire", the words "or used for hawking articles" shall be inserted;

(j) after clause (27), the following clause shall be inserted,

namely: —

" (27A) the prescribing of fee payable for any licence (ex-

cept as otherwise specifically provided in the Act) or for any written permission granted by the Board;";

(fc) in L-lause (36), after the words "appears to the Board", the words "to be not prejudicial to the maintenance of ecological balance and" shall be inserted;

(I) in clause (37), for the word "stables.", the words "stables,

kennels, sties" shall be substituted;

(m) in clause (38), the word "and" occuring at the end shall be

omitted;

(n) clause (39) shall be renumbered as clause (41) and before clause (41) as so renumbered, the following clauses shall be in- serted, namely: —

" (39) the regulation of supply of copies of official documents

and prescribing the lee payable in respect thereof;

(40) the regulation of permission for granting licence for use of loud-speakers and prescribing the fee payable in respect thereof;"-

160. Section 2R3 of the principal Act shall be renumbered as sub-

section (I) thereof, and—

(a) in sub-section (1) as so renumbered,—

(i) in clause (a), for the words "one hundred rupees", the

words "five hundred rupees" shall be substituted;

(ii) in clause (b), for the; words "one hundred rupees" and "twenty rupees", the words "five hundred rupees" and "fifty rupees" shall respectively be substituted;

(in) in clause (c), fcfr the words "ten rupees", the words

"fifteen rupees" shall be substituted;

(b) after sub-section (1) as so renumbered, the following sub-

section shall be inserted, namely: —

" (2) Any such bye-law may also provide that a person con- travening the same shall be required ^o remedy, so far as lies in his power, 1he damage or mischief, if any, caused by such contravention,".

101. In section 284 of the principal Act, after s'ub-section (3), the

following sub-section shaU be inserted, namely: —

Amend- ment of section 284.

"(4) Every bye-lav, made under +his Act and every order made under sub-section (3> shall be laid as soon as may be after it is made, before each House OL Parliament while it is in session, for a total period of thirty days wh'ch r&*y be comprised in one session or in two or more successive sessions and if, before the expiry of the session immediately following '.he session or the successive sessions afore- said, both Houses agrt:e in making any modification in the bye-law or order or both Houses agree that the bye-law or order should not be made, the bye-law or order shall thereafter have effect only in such modified form or be of no elTec+, as the case may be; so, however, that any such modification or annulment shall be without prejudice

to the validity of anything previously done under that bye-law or order.".

162. F or section 286A of the principal Act, the following section shall

be substituted, namely: —

Substitu- tion of new sec- tion for section 286A.

Power to dele- gate func- tions to the Pre- sident, etc. "286A. (1) The Board may, by a resolution passed in this behalf, delegate to the President, Vice-President, Executive Officer or Health Officer, subject to such conditions, if any, as may be specified in the resolution, all or any of its functions under clause (b) of sub-section (5) of section 119, section 101, section 163, section 168, section 169, section 196 and section 197.

(2) The civil area committee may, by passing a similar reso- lution, delegate, subject to such conditions, if any, as may be specified in such resolution, all or any of its functions under section 189 and section 195 to the Vice-President, Executive Officer or Health Officer.".

163. In section 287 of the principal Act, in sub-section (2),— ,

(a) for the words "Indian Registration Act", the words "Regis-

tration Act" shall be substituted;

(b) for the words "to the Board or", the words "to the Execu- tive Officer and the Defence Estates Officer and" shall be substituted.

164. In section 289 of the principal Act, for the words "by the Board",

the words "by the Executive Officer" shall be substituted.

Amend- ment of section 289.

Amend- ment of section 391.

165. In section 291 of the principal Act, after the words "municipal authorities respectively", the words and figure "and the references to State Government in section 4 of that Act shall be construed as refer- ences to Central Government" shall be inserted.

166. In Schedule I to the principal Act,—

(0) for the word "distress", the words - _ _ ^ r f !! shall be

Amend- ment of Sche- dule I.

attachment"

substituted;

(b) the following shall be inserted at the end, namely:—

"* Strike out whichever is not applicable.".

167. In Schedule II to the principal Act,—

(a) for the word "distrain", the words- - ^ g^ - s h a ll be

substituted;

\mend- nent 0/ 3che- lule II.

(b) for the word "movable", the words "m-°^l2*-_ shall be

immovable"

!;,, , j substituted;

. , . . .. , ,,, ,. , "seized* shall be (c) for the word seized , the words a7t"ciTd™

substituted;

(d) the following shall be inserted at the end, namely: —

"*Strike out whichever is not applicable.".

1C8. For Schedule V to the principal Act, the following Schedule

shall be substituted, namely: —

"SCHEDULE V

Substitu- tion of new Schedule for Sche- dule Y.

APPEALS FBOM ORDERS

(See section 274)

I

3

3

4

5

Executive Older

Section

Appellate Authority

S.No.

Timcallowedfor

appeal

136

t

Thirty days from service of notice.

Officer Gommanding-in- Ghief, the Command, or other authority authotis- ed in this behalf by the Gcniral Government.

Nolice l"o remove, repair, protect or enclose a building, wall or any- thing affljeed thereto, or well.tank, reservoir, pool, depression or excavation.

*

134

Thirty dap from service of notice Notice to fill up well, tank, etc., or to drain off or remove water.

Officer Commanding-in- Chief, the Command, or other authority auihorit- ed in this behalf by the Central Government.

Board

135

3

Fifteen days from service of notice.

Notice requiring the owner to provide latrine, uri- nal, cess pool, dust-bin or other receptacle.

Board

136

4

Fifteen days from service of notice.

Notice requiring provision ofsanitary facilities in market, school, theatre 01 other place of public resort.

Notice for removal of con-

S

geited building.

Thirty days from service of notice.

Officer Qommanding-in- Ghief, the Command, or other authority au- thorised in this behalf by the Central Govern- ment.

140

6

Thirty days from service of notice, Notice requiring a build- ing to be repaired or altered so an to remove sanitary defects.

Officer Commanding-in- Cliicf, the Command, or other authority au- thorised in this behalf by the Central Govern- ment.

>4"

7

Twenty-one days from service of notice.

Notice prohibiting owner or occupier to use a building or part of a building for human ha- bitation-

Officer Oommanding-in- Ohief, the Command, or other authority au- thorised in this behalf by the Central Govern- ment.

Order directing a person

Thirty days from 8

176

service of not ice

to remove from the can- tonment and prohibi- ting him from re-enter- ing it without permis- sion.

Officer Gommanding-in- Chief, the Command, or other authority au- thorised in this behalf by the Central Govern- ment.

I

a

3

4

5

S.No,

Executive Order

Section

Appellate Authority I Time allowed for

appeal

Board

id

9

Thirty days from service of com- munication.

[a) Refusal to sanction the erection or re-erection of a building in a civil area.

Thirty days from service of com- munication.

(i) Refusal to sanction the erection or re-erection of a building in a canton- ment (other than a civil area).

Officer Commanding- in-Chief,the Command, or other authority au- thorised in this behalf by the Central Govern- ment.

10

Board

185

Thirty days from fcrvicc of notice.

(a) Notice to stop erection or re-erection of, or to alter or demolish, a build- ing in a civil area.

Officer Commanding- Thirty days from service of notice.

(b) Not ice to stop erection or re-erection of, or to alter or demolish, a build- ing in a cantonment (other than a civil area).

in-Chief, the Command, or other authority au- thorised in this behalf by the Central Govern- ment.

11

Thirty days from

187

service of notice.

Notice requiring the owner or occupier to alter or remove any projection or encroachment.

Officer Commanding- in-Chief, the Command, or other authority au- thorised in this behalf by the Central Govern- ment.

Thirty days from ia

18O

Officer Commanding-

service of notice.

in-Qhief, the Command, or other authority au- thorised in this behalf by the Central Govern- ment.

Notice to pull down or otherwise deal with a building newly erected or rebuilt without permis- sion over a sewer, drain, culvert, water course or water-pipe.

Offirxr Commanding-

306

13

1

Twenty-one days from service of notice.

Notice prohibiting or res- tricting the use of a slau- ghter-house.

in-Chief, the Command, or other authority au- thorised in this behalf by the Central Govern- ment.

Board

2 10

Fifteen days from service of notice.

Notice requiring mainte- nance or closing of private source of public drinking water supply.

Joard

Fifteen day" from

aai

15

service of notice.

Notice requiring the ow- ner, lessee or occupier of a building or land to obtain water from a | source of public water \ supply.

I

Board

16

9 0$

Fifteen days from service of notice.

Notice for cutting off the connection between any source of public water-supply and any building or land to which water in aupplied.

I

2

4

3

5

Appellate Authority

S. No.

Time allowed for

Section

Executive Order

appeal

District Magistrate

038

17

Thirty d"y" from lervicc of notice.".

Notice directing disorderly person to remove from cantonment and prohi- biting himfrom re-enter- ing it without permis- sion.

R. V. S. PERI SASTRI, Secy, to the Covt. of India.

MINTED BY THB GENERAL MANAOER, GOVERNMENT OF INDIA PRESS, MINTO ROAD.

NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI. 1983