(1) This Act may be called the Cantonments (HouseAccommodation) Act, 1923.
1. The words and letter "except Part B States" were omitted by Act 53 of 1950, s. 2.
(1) In this Act, unless there is anything repugnant in the subject or context,--
1 The original clause (b) was rep: by Act 9 of 1930, s. 2.
(1) The 1[Central Government] 2*** may, by notification in the 1[Official Gazette], declare this Act to be operative in any cantonment or part of a cantonment 3 ***, other than a cantonment situate within the limits of a presidency-town.
1. Subs. by the A.O. 1937 for certain words.
1[4. Saving of written instruments.--Nothing in this Act shall affect the provisions of any written 2[contract with the Government] unless all the parties to that contract consent in writing to be bound by the terms of this Act.]
1. Subs., ibid., for section 4.
Every house situate in a cantonment or part of a cantonment in respect of which a notification under sub-section (1) of section 3 is for the time being in force shall be liable to appropriation by 1[the Central Government] on a lease in the manner and subject to the conditions hereinafter provided.
1. Subs. by the A.O. 1937, for "the Govt."
1[6. Conditions on which houses may be appropriated.--(1) Where--
1. Subs. by Act 9 of 1930, s. 3, for section 6.
(1) If, on the report of such person as aforesaid, the 1[Officer Commanding the station] is satisfied that the house is suitable for occupation by a military officer or a military mess, lie may 2*** by notice --
1. Subs. by Act 10 of 1925, s. 6, for "Commanding Officer of the Cantonment".
[Procedure to be observed before taking a house on lease.] Rep. by the Cantonments (HouseAccommodation Amendment) Act, 1930 (9 of 1930), s. 5.
No house in any cantonment or part of a cantonment in which this Act is operative shall, unless it was so occupied at the date of the issue of the notification declaring this Act or the 5Cantonments (House-Accommodation) Act, 1902 (2 of 1902), as the case may be, to be operative, be occupied for the purposes of a hospital, school, school hostel, bank, hotel, or shop, or by a railway administration, a company or firm engaged in trade or business or a club, without the previous sanction of the Officer Commanding the District given with the concurrence of the Commissioner or, in a State where there are no Commissioners, of the Collector.
No notice shall be issued under section 7 if the house--
1. Rep. by s. 39 and the Schedule of this Act
(1) If a house is unoccupied, a notice issued under section 7 may require the owner to give possession of the same to the 1[Officer Commanding the station] within twenty-one days from the service of the notice.
1. Subs. by Act 10 of 1925, s. 6, for "Commanding Officer of the Cantonment" .
If the owner fails to give possession of a house to the 1[Officer Commanding the station] in pursuance of a notice issued under section 7, or if the existing occupier fails to vacate a house in pursuance of such a notice, the District Magistrate, by himself or by another person generally or specially authorised by him in this behalf, shall enter on the premises and enforce the surrender of the house.
1. Subs. by Act 10 of 1925, s. 6, for "Commanding Officer of the Cantonment" .
(1) If a house, in respect of which a notice is issued under section 7, is shown to the satisfaction of the 1[Central Government], or is proved by a decree or order of a court of competent jurisdiction, to have been erected
1. Subs. by the A.O. 1937, for "L.G."
(1) If a house, in respect of which a notice is issued under section 7, is occupied by a tenant holding in good faith and for valuable consideration under a registered lease for any term exceeding one year, the Central Government shall, for the term of one year from the date on which the house is vacated in pursuance of the notice, or for the unexpired term of the lease whichever is the shorter, be liable to the owner for the rent fixed by the registered lease instead of for the rent payable under this Act if the rent so fixed exceeds the rent so payable.
1. Subs. by Act 10 of 1925, s. 6, for "Commanding Officer of the Cantonment".
(1) If the owner considers that the rent stated in a notice issued under section 7 is not reasonable, he may, within a period of 1[thirty] days from the service of such notice, 2[refer the matter to a civil court, in accordance with the provisions of Chapter IV]:
1. Subs. by Act 9 of 1930, s. 7, for "Fifteen".
(1) If the owner fails to execute any repairs to a house as required by a notice issued to him under section 7, the 1[Officer Commanding the station] may by notice require the owner to execute the repairs within such period, not being less than 2[thirty] days, as maybe specified in the notice.
1. Subs. by Act 10 of 1925, s. 6, for "Commanding Officer of the Cantonment".
1[17. Power to have repairs executed and recover cost.-- If the owner fails to comply. with a notice issued under sub-section (1) of section 16, the Military Engineer Services or the Public Works Department may, with the previous sanction of the Officer Commanding the station and notwithstanding any right of reference conferred by that section, cause the repairs specified in the notice to be executed at the expense of 2[the Central Government], and the cost thereof, or, where a reference has been made, the amount finally determined by the civil court, may be deducted from the rent payable to the owner.]
1. Subs. by s. 9, ibid., for section 17.
Every person on whom devolves, by transfer, by succession or by operation of law, the interest of an owner in any house, or in any part of any house, situate in a cantonment or part of a cantonment in respect of which a notification under sub-section (1) of section 3 is for the time being in force, shall be bound to give notice of the fact to the 1[Officer Commanding the station] within one month from the date of such devolution, and, if he, without reasonable cause, fails to do so, he shall be punishable with fine which may extend to fifty rupees.
1. Subs. by Act 10 of 1925, s. 6, for "Commanding Officer of the Cantonment".
1[19. Jurisdiction in references.-- All references under this Act shall be made by application to, and tried by, the Court of the District Judge.]
1. Subs. by Act 9 of 1930, s. 10, for the Chapter IV consisting of sections 19 to 28.
1]20. Procedure and powers of the Court.-- References under this Act shall be deemed to be proceedings within the meaning of section 141 of the Code of Civil Procedure, 1908 (5 of 1908), and in the trial thereof the Court may exercise any of its powers under that Code.]
1. Subs. by Act 9 of 1930, s. 10, for the Chapter IV consisting of sections 19 to 28.
1[21. Restriction of scope of inquiry.-- The scope of the inquiry in a reference under this Act shall be restricted to a consideration of the matters referred to the Court in accordance with the provisions of this Act.]
1. Subs. by Act 9 of 1930, s. 10, for the Chapter IV consisting of sections 19 to 28.
1[29. Appeal to High Court.--(1) An appeal shall lie to the High Court against the decision of the Court of the District Judge upon a reference tried by it.
1. Subs. by s. 11, ibid., for section 29
1[30. Appeal to Officer Commanding the District.-- The owner of any tenant of a house in respect of which a notice has been issued under section 7 may, within a period of 2[ten days] from the date of the service thereof, appeal to the Officer Commanding the District against the decision of the Officer Commanding the station to appropriate the house.]
1. Subs. by s. 12, ibid., for section 30.
(1) Every petition of appeal under section 30 shall be in writing and accompanied by a copy of the notice appealed against.
1. Subs. by Act 10 of 1925, s. 6, for "Commanding Officer of the Cantonment".
1[(1)] The decision on any such appeal of the Officer Commanding the District 2*** shall be final, and shall not be questioned in any court otherwise than on the ground that the house is situate in a cantonment, or part of a cantonment, in which this Act is not operative:
1. Section 32 renumbered as sub-section (1) of that section by s. 5, ibid.
Where an appeal has been presented under section 30 within the period prescribed 1[therein], all action on the notice shall, on the application of the appellant, be held in abeyance pending the decision of the appeal.
1. Subs. by Act 9 of 1930, s. 14, for "by sub-section (2) of that section".
Every notice or requisition prescribed by this Act shall be in writing, signed by the person by whom it is given or made or by his duly appointed agent, and may be served by post on the person to whom it is addressed, or, in the case of an owner who does not reside in or near the cantonment, on his agent appointed 1[in accordance with a bye-law made under clause @I@(29)@/I@ of section 282 of the Cantonments Act, 1924 (2 of 1924)].
1. Subs. by Act 10 of 1925, s. 4, for "under the Cantonments Act, 1910, or any rule made thereunder".
1[34A. Computation of periods of limitation.--The period prescribed for making any reference or preferring any appeal under this Act shall be computed in accordance with the provisions of the Indian Limitation Act, 1908 (9 of 1908)2.]
1. Ins. by Act 9 of 1930, s. 15.
(1) The Central Government may make rules1 to carry out the purposes and objects of this Act.
1. See Gazette of India, 1923, Pt. I, p. 1242.
(1) The power to make rules under section 35 shall be subject to the condition of the rules being made after previous publication and of their not taking effect until they have been published in the Official Gazette and in such other manner (if any) as the Central Government may direct.
1. The words "in the Provinces" omitted by the A.O. 1950.
No Judge or Magistrate shall be deemed, within the meaning of section 556 of the Code of Criminal Procedure, 1898 (5 of 1898)1 , to be a party to, or personally interested in, any prosecution for an offence constituted by or under this Act merely because he is a member of the Cantonment 2[Board] or has ordered or approved the prosecution.
1. See now the Code of Criminal Procedure, 1973 (2 of 1974).
No suit or other legal proceeding shall lie against any person for anything in good faith done, or intended to be done, under this Act or in pursuance of any lawful notice or order issued under this Act.
[Repeals.] Rep. by the Repealing Act, 1927 (12 of 1927), s. 2 and Schedule.