Chapter VI
CANTONMENT FUND AND PROPERTY
Cantonment fund and cantonment development fund
119. Cantonment fund and cantonment development fund.
119. Cantonment fund and cantonment development fund.—(1) There shall be formed for every cantonment a cantonment fund and there shall be placed to the credit thereof the following sums, namely:—
(a) the balance if any, of the cantonment fund formed for the cantonment under the Cantonments Act, 1924 (2 of 1924);
(b) all sums received by or on behalf of the Board.
(2) There shall also be formed for every cantonment, a cantonment development fund and there shall be placed to the credit, thereof the following sums, namely:—
(i) any sum received from the Central Government or the Government of any State by way of contributions, grants, subsidies or by any other way for the implementation of any specific scheme or for the execution of any specific project;
(ii) any sum received from any individual or association of individuals by way of gift or deposit; and
(iii) any sum raised or borrowed under Section 121 for the execution of specific development projects.
120. Custody of cantonment fund and cantonment development fund.
120. Custody of cantonment fund and cantonment development fund.—(1) The cantonment fund and the cantonment development fund shall be kept in separate accounts which shall be maintained in State Bank of India or any of its subsidiary banks or any nationalized bank or any scheduled commercial bank having its branch either in the cantonment or in the municipal area adjoining the cantonment.
Explanation.—In this section,—
(i) “nationalised bank” means corresponding new bank specified in the First Schedule to the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970) or the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (40 of 1980);
(ii) “State Bank of India” means the State Bank of India constituted under the State Bank of India Act, 1955 (23 of 1955);
(iii) “subsidiary bank” means a subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959);
(2) The Chief Executive Officer may with the previous sanction of the President Cantonment Board may invest any portion of cantonment fund or cantonment development fund in securities of Central Government or in such securities, including fixed deposits in banks in the best interest of the Board and may dispose of such investments or vary them for others of a like nature.
(3) The income resulting from any fixed deposit or from any such securities as is referred to in sub-section (2) or from the proceeds of the sale of any such security shall be credited to the cantonment fund or, as the case may be, the cantonment development fund.
(4) Every action taken under sub-sections (2) and (3) may be subsequently brought to the next meeting of the Board.
121. Power of Board to borrow money.
121. Power of Board to borrow money.—A Board may from time to time by a resolution passed in this behalf borrow money from another Board, on mutually agreeable terms any sum of money which may be required for the schemes or projects covered under this Act.
Property
122. Property.
122. Property.—Subject to any special reservation made by the Central Government all property of the nature hereinafter in this section specified which has been acquired or provided or is maintained by a Board shall vest in and belong to that Board, and shall be under its direction, management and control, that is to say,—
(a) all markets, slaughter-houses, manure and night-soil depots, and buildings of every description;
(b) all water-works for the supply, storage or distribution of water for public purposes and all bridges, buildings, engines, materials, and things connected therewith or appertaining thereto;
(c) all sewers, drains, culverts and water-courses, and all works, materials and things appertaining thereto;
(d) all dust, dirt, dung, ashes, refuse, animal matter, filth and rubbish of every kind, and dead bodies of animals collected by the Board from the streets, houses, privies, sewers, cesspools or elsewhere, or deposited in places appointed by the Board for such purposes;
(e) all lamps and lamp-posts and apparatus connected therewith or appertaining thereto;
(f) all lands or other property transferred to the Board by the Central or a State Government, or by gift, purchase or otherwise for local public purposes; and
(g) all streets and the pavements, stones and other materials thereof, and also all trees, erections, materials, implements, and things existing on or appertaining to streets.
123. Application of cantonment fund, cantonment development fund and property.
123. Application of cantonment fund, cantonment development fund and property.—The cantonment fund, cantonment development fund and all property vested in a Board shall be applied for the purposes, whether express or implied, for which, by or under this Act or any other law for the time being in force, powers are conferred or duties or obligations are imposed upon the Board:
Provided that the Board shall not incur any expenditure for acquiring or renting land beyond the limits of the cantonment or for constructing any work beyond such limits except—
(a) with the sanction of the Central Government, and
(b) on such terms and conditions as the Central Government may impose:
Provided further that priority shall be given in the order hereinafter set forth to the following liabilities and obligations of a Board, that is to say,—
(a) to the liabilities and obligations arising from a trust legally imposed upon or accepted by the Board;
(b) to the repayment of, and the payment of interest on, any loan incurred under the provisions of the Local Authorities Loan Act, 1914 (9 of 1914) or under the provisions of this Act.
(c) to the payment of establishment charges;
(d) to the payment of any sum the payment of which is expressly required by the provisions of this Act or any rule or bye-law made thereunder.
124. Acquisition of immovable property.
124. Acquisition of immovable property.—When there is any hindrance to the permanent or temporary acquisition upon payment of any land required by a Board for the purposes of this Act, the Central Government may, on the recommendation of the Board, procure the acquisition thereof under the provisions of the Land Acquisition Act, 1894 (1 of 1894), and, on payment by the Board of the compensation awarded under that Act and of the charges incurred by the Government in connection with the proceedings, the land shall vest in the Board.
125. Power to make rules regarding cantonment fund, cantonment development fund and property.
125. Power to make rules regarding cantonment fund, cantonment development fund and property.—The Central Government may make rules consistent with this Act to provide for all or any of the following matters, namely:—
(a) the conditions on which property may be acquired by Boards or on which property vested in a Board may be transferred by sale, mortgage, lease, exchange or otherwise; and
(b) any other matter relating to the cantonment fund or cantonment development fund or cantonment property, in respect of which no provision or insufficient provision is made by or under this Act and provision is, in the opinion of the Central Government necessary.
Chapter VII
CONTRACTS
126. Contracts by whom to be executed.
126. Contracts by whom to be executed.—Subject to the provisions of this chapter, every Board shall be competent to enter into and perform any contract necessary for the purposes of this Act.
127. Sanction.
127. Sanction.—(1) Every contract—
(a) for which budget provision does not exist, or
(b) which involves a value or amount exceeding Rupees Fifty thousand shall require the sanction of the Board.
(2) Every contract other than a contract such as is referred to in sub-section (1) shall be sanctioned by the Chief Executive Officer on behalf of the Board.
128. Execution of contract.
128. Execution of contract.—(1) Every contract made by or on behalf of a Board, the value or amount of which exceeds fifty thousand rupees, shall be in writing, and every such contract shall, be signed by two members, of whom the President or the Vice-President shall be one, and be countersigned by the Chief Executive Officer and be sealed with the common seal of the Board.
(2) Where the Chief Executive Officer executes a contract on behalf of the Board sanctioned under sub-section (2) of Section 127, he shall submit a report, on the execution of the contract, to the Board at its next meeting.
129. Contracts improperly executed not to be binding on a Board.
129. Contracts improperly executed not to be binding on a Board.—If any contract is executed by or on behalf of a Board, otherwise than in conformity with the provisions of this chapter, it shall not be binding on the Board.
Chapter VIII
SANITATION AND THE PREVENTION AND TREATMENT OF DISEASE
Sanitary authorities
130. Responsibility for sanitation.
130. Responsibility for sanitation.—The following officers shall, for the purposes of sanitation, have control over, and be responsible for maintaining in a sanitary condition, those parts of a cantonment, respectively, which are specified in the case of each, that is to say:—
(a) 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 purposes;
(d) the Officer Commanding the station in the cantonment—all buildings and lands, occupied or used for any defence purpose, other than those referred to in clauses (a), (b) and (c);
(e) 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;
(f) the head of any establishment or installation of the Defence Research and Development Organisation in the cantonment—buildings and lands which are occupied or used for the purposes of the Defence Research and Development Organisation in the cantonment;
(g) the head of a Public Sector Undertaking—the buildings and lands belonging to such undertaking in the cantonment;
(h) the Chief Executive Officer—the buildings and lands in the civil area of the cantonment and all other buildings and lands not covered in clauses (a) to (g) above.
131. General duties of Health Officer.
131. General duties of Health Officer.—(1) The Health Officer shall be the Advisor to the Board in all matters relating to sanitation and exercise a general sanitary supervision over the cantonment and shall periodically submit a report along with his recommendation at least once in every month to the Board.
(2) The Assistant Health Officer shall perform such duties in connection with the sanitation of the cantonment as are, subject to the control of the Board, allotted to him by the Health Officer.
Conservancy and sanitation
132. All Public latrines, urinals and conservancy establishments.
132. All Public latrines, urinals and conservancy establishments.—All public latrines and urinals provided or maintained by a Board shall be so constructed as to provide separate compartments for each sex and the compartments so constructed shall be made asscessible to and barrier free for the persons with disabilities and shall be provided with all necessary conservancy establishments, and shall regularly be cleansed and kept in proper order.
133. Duty of occupier to collect and deposit rubbish, etc.
133. Duty of occupier to collect and deposit rubbish, etc.—(1) It shall be the duty of an occupier of a building or land—
(a) to make adequate arrangements for the house scavenging of the building or land;
(b) to provide receptacles of the type and in the manner prescribed by the Chief 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 conditions 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 135.
(2) For the purpose of this section and Section 134, “house scavenging” means the removal of filth, rubbish or other offensive matter from a privy, latrine, urinal, drain, cesspool or other common receptacle for such matter.
134. Power of Board to undertake private conservancy arrangement.
134. Power of Board to undertake private conservancy arrangement.—(1) On the application or with the consent of the occupier of any building or land or, where the occupier of any building or land fails to make arrangements to the satisfaction of the Chief Executive Officer for the matters referred to in this section, without such consent, and after giving notice in writing to the occupier, the Chief Executive Officer may undertake the house scavenging of any building or land in the cantonment for such period as he thinks fit on such terms as he may specify in this behalf.
(2) Where the Chief Executive Officer has undertaken the duties referred to in this section, all matter removed in the performance of such duties shall be the property of the Board.
135. Deposits and disposal of rubbish, etc.
135. Deposits and disposal of rubbish, etc.—(1) Every Board shall provide or appoint, in proper and convenient situations, public receptacles, depots or places for the temporary deposit or disposal of household rubbish, offensive matter, carcases of dead animals and sewage.
(2) The Chief Executive Officer may, by public notice, issue directions as to the time at which, the manner in which, and the conditions subject to which, any matter referred to in sub-section (1) may be removed along a street or may be deposited or otherwise disposed of.
(3) All matter deposited in receptacles, depots or places provided or appointed under this section shall be the property of the Board.
136. Cesspools, receptacles, for filth, etc.
136. Cesspools, receptacles, for filth, etc.—The Chief Executive Officer of any cantonment may, by notice in writing—
(a) require any person having the control whether as owner, lessee or occupier of any land or building in the cantonment—
(i) to close any cesspool appertaining to the land or building which, in the opinion of the Chief Executive Officer, is a nuisance, or
(ii) to keep in a clean condition, in such manner as may be prescribed by notice, any receptacle for filth or sewage accumulating on the land or in a building, or
(iii) to prevent the water of any private latrine, urinal, sink or bathroom or any other offensive matter, from soaking, draining or flowing, or being put, from the land or building upon any street or other public place, or into any water-course or into any drain not intended for the purpose, or
(iv) to collect and deposit for removal by the conservancy establishment of the Board, within such time and in such receptacle or place, as may be specified in the notice, any offensive matter or rubbish which such person has allowed to accumulate or remain under, in or on such building or land; or
(b) require any person to desist from making or altering any drain leading into a public drain; or
(c) require any person having the control of a drain in the cantonment to cleanse, purify, repair or alter the same, or otherwise put it in good order, within such time as may be specified in the notice.
137. Filling up of tank, etc.
137. Filling up of tank, etc.—(1) Where any well, tank, cistern, reservoir container, desert cooler or any other, receptacle or place in the cantonment where water is stored or accumulated, whether within any private enclosure or not, is in such a condition as to create a nuisance or, in the opinion of the Health Officer, is or is likely to be a breeding place for mosquitoes, the Board may, by notice in writing, require the owner, lessee or occupier thereof within such period as may be specified in the notice, to fill up or cover the well, cistern, reservoir or receptacle, or to fill up the tank, or to drain off or remove the water, as the case may be.
(2) The Board may from time to time take such measures as are necessary in its opinion for prevention of breeding of mosquitoes, insects or any bacterial or viral carriers of disease in public places under the control or management of the Board.
(3) The Board may, if it thinks fit, meet the whole or any portion of the expenses incurred in execution of work mentioned in sub-sections (1) and (2) of this section.
138. Provision of latrines, etc.
138. Provision of latrines, etc.—The Chief Executive Officer may, by notice in writing, requiring the owner or lessee of any building or land in the cantonment to provide, in such manner as may be specified in the notice, any latrine, urinal, cesspool, dust-bin or other receptacle for filth, sewage, or rubbish, or any additional latrine, urinal, cesspool or other receptacle as aforesaid, which should, in his opinion, be provided for the building or land.
139. Sanitation in factories, etc.
139. Sanitation in factories, etc.—Every person employing, whether on behalf of the Government or otherwise, more than ten workmen or labourers, and every person managing or having control of a market, school, theatre or other place of public resort, in a cantonment shall give notice of the fact to the Chief Executive Officer, and shall provide such latrines and urinals, and shall employ such number of sweepers, as the Chief Executive Officer thinks fit, and shall cause the latrines and urinals to be kept clean and in proper order:
Provided that nothing in this section shall apply in the case of a factory to which the Factories Act, 1948 (63 of 1948) applies.
140. Private latrines.
140. Private latrines.—Subject to the provisions of the Employment of Manual Scavenger and Construction of Dry Latrine (Prohibition) Act, 1993 (46 of 1993), the Chief Executive Officer or any official of the Board authorised by him may, by notice in writing,—
(a) require the owner or other person having the control of any private latrine, or, urinal in the cantonment not to put the same to public use; or
(b) where any plan for the construction of private latrines or urinals has been approved, and copies thereof may be obtained free of charge on application—
(i) require any person repairing or constructing any private latrine or urinal not to allow the same to be used until it has been inspected by an official of the Board authorised by the Chief Executive Officer, or under the direction of the Health Officer and approved by him as conforming with such plan; or
(ii) require any person having control of any private latrine or urinal to re-build or alter the same in accordance with such plan; or
(c) require the owner or other person having the control of any such private latrine or urinal which, in the opinion of the Chief Executive Officer, constitutes a nuisance, to remove the latrines or urinal; or
(d) require any person having the control whether as owner, lessee or occupier of any land or building in the cantonment—
(i) to have any latrines provided for the same shut out by a sufficient roof and wall or fence from the view of persons passing by or dwelling in the neighbourhood, or
(ii) to cleanse in such manner as the Chief Executive Officer may specify in the notice any latrine or urinal belonging to the land or building;
(e) require any person being the owner and having the control of any drain in the cantonment to provide, within ten days from the service of the notice, such covering as may be specified in the notice.
141. Special provisions for collection of rubbish and solid waste management.
141. Special provisions for collection of rubbish and solid waste management.—(1) All solid waste material generated in a cantonment shall be removed by the Board and be brought to the compost sites or sanitary land sites or trenching sites earmarked by it for the purpose.
(2) The Board shall also devise schemes for collecting rubbish and garbage from each house in the cantonment and may, if considers necessary, associate residents' welfare associations or such other non-governmental organisation for this purpose.
(3) As far as possible the Board shall devise appropriate system to ensure that all compostable or bio-degradable waste in the cantonment is recycled and used for generating manure, bio-gas or any other form of energy.
142. Removal of congested buildings.
142. Removal of congested buildings.—(1) Where it appears to a Board that any block of buildings in the cantonment is in an unhealthy condition by reason of the manner in which the buildings are crowded together, or of the narrowness or closeness of the street, or of the want of proper drainage or ventilation, or of the impracticability of cleansing the buildings or other similar cause, it may cause the block to be inspected by a committee consisting of—
(a) the Health Officer,
(b) the Civil Surgeon of the district or, if his services are not available, some other medical officer in the service of the Government,
(c) the Executive Engineer or a person deputed by the Executive Engineer in this behalf, and
(d) two non-official members of the Board.
(2) The committee shall make a report in writing to the Board regarding the sanitary condition of the block, and, if it considers that the condition thereof is likely to cause risk of disease to the inhabitants of the building or of the neighbourhood or otherwise to endanger the public health, it shall clearly indicate on a plan verified by the Executive Engineer or the person deputed by him to serve on the committee, the buildings which would in its opinion wholly or in part removed in order to abate the unhealthy condition of the block.
(3) If, upon receipt of such report, the Board is of opinion that all or any buildings indicated should be removed, it may, by notice in writing, require the owners thereof to remove them:
Provided that the Board shall make compensation as it thinks fit to the owners for any buildings so removed which have been erected under proper authority:
Provided further that the Board may if it considers it equitable in the circumstances so to do pay to the owners such sum as it thinks fit as compensation for any buildings so removed which have not been erected under proper authority.
(4) For the purposes of this section “buildings” includes enclosure, walls and fences appertaining to buildings.
143. Overcrowding of dwelling houses.
143. Overcrowding of dwelling houses.—(1) Where it appears to a Board that any building or part of a building in the cantonment which is used as a dwelling house is so overcrowded as to endanger the health of the inmates thereof, it may, after such inquiry as it thinks fit, by notice in writing require the owner or occupier of the building or part thereof, as the case may be, within such time not being less than one month as may be specified in the notice, to abate the overcrowding of the same by reducing the number of lodgers, tenants, or other inmates to such number as may be specified in the notice.
(2) Any person who fails, without reasonable cause, to comply with a requisition made upon him under sub-section (1) shall be punishable with fine which may extend to two thousand five hundred rupees, and, in the case of a continuing offence, to an additional fine which may extend to two hundred fifty rupees for every day after the first during which the failure has continued.
144. Power to require repair or alteration of building.
144. Power to require repair or alteration of building.—(1) Where any building in a cantonment is so ill-constructed or dilapidated as to be, in the opinion of the Board, in an insanitary state, the Board may, by notice in writing, require the owner, within such time as may be specified in the notice, to execute such repairs or to make such alterations as it think necessary for the purpose of removing such defects.
(2) A copy of every notice issued under sub-section (1) shall be conspicuously pasted on the building to which it relates.
(3) A notice issued under sub-section (1) shall be deemed to have been complied with, if the owner of the building to which it relates has, instead of executing the repairs or making the alterations directed by the notice, removed the building.
145. Power to require land or building to be cleansed.
145. Power to require land or building to be cleansed.—(1) If any building or land, whether tenantable or otherwise, is—
(i) in an insanitary, filthy or unwholesome state; or
(ii) in the opinion of the Chief Executive Officer, a nuisance to persons residing in the neighbourhood; or
(iii) overgrown with prickly-pear or rank and noisome vegetation the Chief 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 or 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 (1) shall be punishable with fine which may extend to five thousand rupees, and, in the case of a continuing offence, with an additional fine which may extend to two hundred fifty rupees for each day after the first during which the offence continues.
146. Prohibition in respect of air pollutant.
146. Prohibition in respect of air pollutant.—No owner, occupier, lessee or any other occupant of the premises shall allow or cause to be allowed any air pollutant above the standards, laid down under clause (g) of sub-section (1) of Section 17 of the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981).
147. Power to order disuse of house.
147. Power to order disuse of house.—If a Board is satisfied that any building or part of a building in the cantonment which is intended for or used as a dwelling place is unfit for human habitation, it may cause a notice to be pasted on some conspicuous part of the building prohibiting the owner or occupier thereof from using the building or room for human habitation, or allowing it to be so used, until it has been rendered fit for such use to the satisfaction of the Board.
148. Removal of noxious vegetation.
148. Removal of noxious vegetation.—The Chief Executive Officer may, by notice in writing, require the owner, lessee, or occupier of any land in the cantonment to clear away and remove any thick or noxious vegetation or undergrowth which appears to him to be injurious to health or offensive to persons residing in the neighbourhood.
149. Agriculture and irrigation.
149. Agriculture and irrigation.—Where, in the opinion of a Board, the cultivation in the cantonment of any description of crop or the use therein of any kind of manure or the irrigation of any land therein in any specified manner is likely to be injurious to the health of persons dwelling in the neighbourhood, the Board may, by public notice, prohibit such cultivation, use or irrigation (sic irrigate) after such date as may be specified in the notice, or may, by a like notice, direct that it shall be carried out subject to such conditions as the Board thinks fit:
Provided that if, when a notice is issued under this section, any land to which it relates has been lawfully prepared for cultivation or any crop is sown therein or is standing thereon, the Board shall, if it directs that the notice is to take effect on a date earlier than that by which the crop would ordinarily be sown or reaped, as the case may be, make compensation to all persons interested in the land or crop for the loss, if any, incurred by them respectively by reason of compliance with the notice.
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