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The Cantonments (House-Accommodation) Act, 1923

Act VI of 1923 · 12 pages

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 THE CANTONMENTS (HOUSE-ACCOMMODATION) ACT, 1923




                                          CONTENTS
                                             CHAPTER I
                                        PRELIMINARY

1.    Short title, extent and commencement

2.    Definitions
                                             CHAPTER II
                                      APPLICATION OF ACT

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

4.    Saving of written instruments
                                          CHAPTER III
                                APPROPRIATION OF HOUSES

5.    Liability of houses to appropriation

6.    Conditions on which houses may be appropriated

7.    Procedure for taking house on lease

8.    [Repealed]

9.    Sanction to be obtained before a house is occupied as a hospital, etc.

10.   Houses not to be appropriated in certain cases

11.   Time to be allowed for giving possession of house

12.   Surrender of house when to be enforced

13.   [Omitted]

14.   Provision where house is held on long lease by a tenant

                                              Page 1 of 12
15.    Power for owner to refer to Civil Court on question of rent

16.    Power for owner to refer to Civil Court on question of repairs

17.    Power to have repairs executed and recover cost
18.    Notice to be given of devolution of interest in house in cantonment
                                                ___________
                                            CHAPTER IV
                                    PROCEDURE IN REFERENCES

19.    Jurisdiction in references

20.    Procedure and powers of the Court

21.    Restriction of scope of inquiry
                                             CHAPTER V
                                              APPEALS

29.    Appeal to High Court

30.    Appeal to Officer Commanding the District

31.    Petition of appeal

32.    Order in appeal final
33.    Suspension of action pending appeal
                                          ___________
                                             CHAPTER VI
                                    SUPPLEMENTAL PROVISIONS

34.    Service of notice and requisitions

34A.   Computation of periods of limitation

35.    Power for Federal Government to make rules

36.    Further provisions respecting rules

37.    Inapplicability of section 556 of the Code of Criminal Procedure, 1898, to trials of offences

38.    Protection to persons acting under Act

39.    [Repealed]

THE SHEDULE. ___ [REPEALED]




                                              Page 2 of 12
           THE CANTONMENTS (HOUSE-ACCOMMODATION) ACT, 1923
                                                           ACT NO. VI OF 1923

                                                                                                          [5th March, 1923]

           An Act further to amend and to consolidate the law relating to the provision of house-
                            accommodation for military officers in cantonments.

       WHEREAS it is expedient further to amend and to consolidate the law relating to the provision
of house-accommodation for military officers in cantonments; It is hereby enacted as follows:___

                                                                 CHAPTER I
                                                             PRELIMINARY

      1. Short title, extent and commencement.___(1) This Act may be called the Cantonments
(House Accommodation) Act, 1923.
           1
               [(2) It extends to the whole of Pakistan.]

        (3) It shall come into force on the first day of April, 1923, but it shall not become operative in
any cantonment or part of a cantonment until the issue, or otherwise than in pursuance, of a notification
as hereinafter provided by section 3:

      Provided that any notification made under section 3 of the Cantonments (House-
Accommodation) Act, 1902 (II of 1902), which is in force at the commencement of this Act, shall be
deemed to be a notification made under section 3 of this Act.

           2. Definitions.___(1) In this Act, unless there is anything repugnant in the subject or context, ___

                      (a)        “Brigade area” means one of the Brigade areas, whether occupied by a brigade
                                 or not, into which 2[Pakistan] is for military purposes for the time being divided,
                                 and includes any area which the 3[Federal Government] may, by notification in
                                 the 3[official Gazette], declare to be a Brigade area for all or any of the purposes
                                 of this Act;
                                 4
                      (b)            [*     *          *          *          *          *          *]

                        [ [(b)] “Cantonment Board” means a Cantonment Board constituted under the
                       5 4

                               Cantonments Act, 1924; (II of 1924)]


1
  Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), s. 3.
2
  Subs. by the Adaptation of Central Acts & Ordinances Order, 1949 (Order No. 1 of 1949), s. 3 and Sch.
3
  Subs. by Federal Adaption of Laws Order, 1975 (P. O. No. 4 of 1975), Art. 2 and Table.
4
  Omitted and re-lettered by Act No. IX of 1930, s. 2.
5
  Ins. by Act No. X of 1925, s. 2.




                                                                  Page 3 of 12
                      (c)        “Command” means one of the Commands into which 1[Pakistan] is for military
                                 purposes for the time being divided, and includes any area which the 2[Federal
                                 Government] may, by notification in the 2[official Gazette], declare to be a
                                 Command for all or any of the purposes of this Act;

                      (d)        “3[Officer Commanding the station]” means the Officer for the time being in
                                 command of the forces in a cantonment 4[or, if that officer is the Officer
                                 Commanding the District, the military officer who would be in command of
                                 those forces in the absence of the Officer Commanding the District];

                      (e)        “District” means one of the Districts into which 5[Pakistan] is for military
                                 purposes for the time being divided; it includes a Brigade area which does not
                                 form part of any such District and any area which the 2[Federal Government]
                                 may, by notification in the 2[official Gazette], declare to be a District for all or
                                 any of the purposes of this Act;

                      (f)        “house” means a house suitable for occupation by a military officer or a military
                                 mess, and includes the land and buildings appurtenant to a house;

                      (g)        “military officer” means a commissioned or warrant officer of 6[the military or
                                 air forces of Pakistan] on military or air-force duty in a cantonment, and
                                 includes a Chaplain on duty with troops in a cantonment, 3[an officer of the
                                 Cantonments Department] and any person in Army departmental employment
                                 whom the Officer Commanding the District may at any time, by an order in
                                 writing, place on the same footing as a military officer for the purposes of this
                                 Act;

                      (h)        “owner” includes the person who is receiving, or is entitled to receive, the rent
                                 of a house, whether on his own account or on behalf of himself and others or as
                                 an agent or trustee, or who would so receive the rent, or be entitled to receive it,
                                 if the house were let to a tenant; and

                      (i)        a house is said to be in a state of reasonable repair when___

                                 (i)        all floors, walls, pillars and arches are sound and all roofs sound and
                                            watertight,

                                 (ii)       all doors and windows are intact, properly painted or oiled, and provided
                                            with proper locks or bolts or other secure fastenings, and

                                 (iii)      all rooms, out-houses and other appurtenant buildings are properly
                                            colour-washed or white-washed.

1
  Subs. by Federal Laws (Revision and Declaration) Act, 1951 (XXVI of 1951), s. 4 and Sch. III.
2
  Subs. by Adaptation Order, 1937.
3
  Subs. by Act No. X of 1925, ss. 2 and 6.
4
  Ins. by Act No. IX of 1930, s. 2.
5
  Subs. by the Adaptation of Central Acts & Ordinances Order, 1949 (Order No. 4 of 1949), Art. 3 and Sch.
6
  Subs. by the Central Laws (Adaptation) Order, 1961 (P.O. No. 1 of 1961), Art. 2 and Sch.




                                                                  Page 4 of 12
       (2) If any question arises whether any land or building is appurtenant to a house, it shall be
decided by the 1[Officer Commanding the station] whose decision thereon shall, subject to revision by
the 2[Collector], be final.
                                            __________
                                           CHAPTER II
                                                       APPLICATION OF ACT

        3. Cantonments or parts of cantonments in which Act to be operative.___(1) The 3[Federal
Government], 3[* * *] may, by notification in the 4[official Gazette], declare this Act to be operative
in any cantonment or part of a cantonment 3[* * *], 4[* * *].

       (2) Before issuing a notification under sub-section (1) in respect of any cantonment or part of
a cantonment, the 3[Federal Government] shall cause local inquiry to be made with a view to
determining whether it is expedient to issue such notification, and what portion (if any) of the area
proposed to be included therein should be excluded therefrom.
          4
        [4. Saving of written instruments. Nothing in this Act shall affect the provisions of any
           6
written [Government] contract unless all the parties to that contract consent in writing to be bound by
the terms of this Act.]
                                             ________
                                          CHAPTER III
                                                 APPROPRIATION OF HOUSES
        5. Liability of houses to appropriation. Every house situate in a cantonment or part of a
cantonment in respect of which a notification under sub-section (1) of section 3 is for the time being
in force shall be liable to appropriation by 4[the 3[Federal Government]] on a lease in the manner and
subject to the conditions hereinafter provided.
          2
              [6. Conditions on which houses may be appropriated.___(1) Where___

                     (a)        a military officer who is stationed in or has been posted to the cantonment, or a
                                President of a military mess in the cantonment, applies in writing to the Officer
                                Commanding the Station stating that he is unable to secure suitable
                                accommodation in the cantonment for himself or the mess on reasonable terms
                                by private agreement, and that no suitable house or quarter 4[belonging to the
                                Government] is available for his occupation or for the occupation of the mess,
                                and the Officer Commanding the Station is satisfied on inquiry of the truth of
                                the facts so stated ; or




1
  Subs. by Act No. X of 1925, s. 6.
2
  Subs. by Act No. IX of 1930, ss. 2-3.
3
  Subs. and omitted by Federal Adaptation of Laws Order, 1975 (P.O. No. 4 of 1975), Art. 2 and Table.
4
  Subs. by Adaptation Order, 1937.
5
  Omitted by the Adaptation of Central Acts & Ordinances Order, 1949 (Order No. 4 of 1949), Art. 3 and Sch.
6
  Subs. by Central Laws (Adaptation) Order, 1961 (P.O. No. 1 of 1961), Art. 2 and Table.




                                                                 Page 5 of 12
                       (b)       the Officer Commanding the Station is satisfied on inquiry that there is not in
                                 the cantonment a sufficient and assured supply of houses available at reasonable
                                 rates of rent by private agreement to meet the requirements of the military
                                 officers and military messes whose accommodation in the cantonment is in his
                                 opinion necessary or expedient,

the Officer Commanding the Station may, with a view to enforcing the liability under section 5, serve
a notice on the owner of any house which appears to him to be suitable for occupation by a military
officer or a military mess, as the case may be, within the cantonment, or, if this Act is in force in part
only of the cantonment, within that part, requiring the owner to permit the house to be inspected,
measured and surveyed by such person and on such date, not being less than three clear days form the
service of the notice, and at such time between sunrise and sunset, as may be specified in the notice.

         (2) On the date and at the time so specified the owner shall be bound to afford all reasonable
facilities to the person specified in the notice for the purpose of the inspection, measurement and survey
of the house and if he refuses or neglects to do so, such person may, subject to any rules made under
this Act, enter on the premises and do all such things as may be reasonably necessary for the said
purpose.]

        7. Procedure for taking house on lease.___(1) If, on the report of such person as aforesaid, the
1
 [Officer Commanding the station] is satisfied that the house is suitable for occupation by a military
officer or a military mess, he may, 2[* * *] by notice___

                      (a)        require the owner to execute a lease of the house to 3[the 4[Federal
                                 Government]] for a specified period which shall not be less than five years;

                      (b)        require the existing occupier, if any, to vacate the house; and

                      (c)        require the owner to execute within such time as may be specified in the notice
                                 such repairs as may, in the opinion of the 1[Officer Commanding the station],
                                 be necessary for the purpose of putting the house into a state of reasonable
                                 repair.

        (2) Every notice issued under sub-section (1) shall state the amount of the annual rent proposed
as reasonable for the house, calculated on the assumption that the owner will carry out the required
repairs, if any. It shall also contain an estimate of the cost of such repairs.

        (3) The following shall be deemed to be conditions of every lease executed under sub-section
(1), namely:___

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

                      (b)        that the grounds and the garden, if any, appertaining to the house shall be
                                 maintained in the condition in which they are at the time at which the lease is
                                 executed:
1
  Subs. by Act No. X of 1925, s. 6.
2
  Omitted by Act No. IX of 1930, s. 4.
3
  Subs. by A.O., 1937.
4
  Subs. by the Federal Adaptation of Laws Order, 1975 (P.O. No. 4 of 1975), Art. 2 and Table.




                                                                  Page 6 of 12
           1
        [Provided that nothing in this sub-section shall be deemed to affect the right of 2[the 3[Federal
Government]] to avoid the lease in any such event as is specified in clause (e) of section 108 of the
Transfer of Property Act, 1882 (IV of 1882).]

           8. 1[*           *        *         *          *         *         *]

        9. Sanction to be obtained before a house is occupied as a hospital, etc. No house in any
cantonment or part of a cantonment in which this Act is operative shall, unless it was so occupied at
the date of the issue of the notification declaring this Act or the Cantonments (House-Accommodation)
Act, 1902 (II 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 Province where there are no Commissioners,
of the Collector.

         10. Houses not to be appropriated in certain cases. No notice shall be issued under section
7 if the house___

                      (a)        was, at the date of the issue of the notification declaring this Act or the
                                 Cantonments (House-Accommodation) Act 1902 (II of 1902), as the case may
                                 be, to be operative in the cantonment or part of the cantonment, or is, with such
                                 sanction as is required by section 9, occupied as a hospital, school, school hostel,
                                 bank, hotel or shop, and has been so occupied continuously during the three
                                 years immediately preceding the time when the occasion for issuing the notice
                                 arises, or

                      (b)        was, at the date of such a notification as is referred to in clause (a), or is, with
                                 such sanction as aforesaid, occupied by a railway administration or by a
                                 company or firm engaged in trade or business or by a club, or

                      (c)        is occupied by the owner, or

                      (d)        has been appropriated by the 2[Provincial Government] with the concurrence of
                                 the Officer Commanding the District, or by the 3[Federal Government], for use
                                 as a public office or for any other purpose.

       11. Time to be allowed for giving possession of house.___(1) If a house is unoccupied, a notice
issued under section 7 may require the owner to give possession of the same to the 4[Officer
Commanding the station] within twenty-one days from the service of the notice.

        (2) If a house is occupied, a notice issued under section 7 shall not require its vacation in less
than thirty days from the service of the notice.

1
  Ins. and omitted by Act No. IX of 1930, ss. 4-5.
2
  Subs. by Adaptation Order, 1937.
3
  Subs. by Federal Adaptation of Laws Order, 1975 (P. O. No. 4 of 1975), Art. 2 and Table.
4
  Subs. by Act No. X of 1925, s. 6.




                                                                  Page 7 of 12
         (3) where a notice has been issued under section 7 and the house has been vacated in pursuance
thereof, the lease shall be deemed to have commenced on the date on which the house was so vacated.

        12. Surrender of house when to be enforced. If the owner fails to give possession of a house
         1
to the [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.

           13. 2[*          *       *          *          *         *        *]

         14. Provision where house is held on long lease by a tenant.___(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, 3[the 4[Federal 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.

        (2) 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 from year to year, 3[the
4
  [Federal Government]] shall be liable as aforesaid for the term of six months from the date on which
the house is vacated in pursuance of the notice.

           (3) Nothing in this section shall be deemed___

                      (a)        to render 3[the 4[Federal Government]] so liable unless an application in writing
                                 in this behalf is made by the owner to the 1[Officer Commanding the station]
                                 within fifteen days from the service of the notice; or

                      (b)        to limit or otherwise affect any agreement between 5[the Government] and the
                                 owner.

         15. Power for owner to refer to Civil Court on question of rent.___(1) lf the owner considers
that the rent stated in a notice issued under section 7 is not reasonable, he may, within a period of
6
  [thirty] days from the service of such notice, 1[refer the matter to a Civil Court, in accordance with
the provisions of Chapter IV]:




1
  Subs. by Act No. X of 1925, s. 6.
2
  Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), s. 3 and Sch. II.
3
  Subs. by Adaptation Order, 1937.
4
  Subs.by the Federal Adaptation of Laws Order, 1975 (P. O. No. 4 of 1975), Art. 2 and Table.
5
  Amended by the Central Laws (Adaptation) Order, 1961 (P. O. No. 1 of 1961), Art. 2 (w. e. f. 23rd March, 1956).
6
  Subs. by Act No. IX of 1930, s. 7.




                                                                  Page 8 of 12
           1
         [Provided that where an appeal has been made to the Officer Commanding the District under
section 30, the period of thirty days shall be reckoned from the date on which the owner received notice
of the result of the appeal under sub-section (2) of section 32.]

       (2) If the owner does not make such a 2[reference] within the said period, he shall be deemed
to have accepted the rent so offered.

       16. Power for owner to refer to Civil Court on question of repairs.___(1) If the owner fails
to execute any repairs to a house as required by a notice issued to him under section 7, the 3[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 may be specified in the notice.

       (2) If the owner objects to any requisition contained in a notice issued under sub-section (1),
he may, within 2[thirty] days from the service of the notice, 2[refer the matter to a Civil Court in
accordance with the provisions of Chapter IV]:
           1
         [Provided that where an appeal has been made to the Officer Commanding the District under
section 30, the period of thirty days shall be reckoned from the date on which the owner received notice
of the result of the appeal under sub-section (2) of section 32.]
           2
         [(3) Every reference under sub-section (2) shall be accompanied by an estimate of the repairs,
if any, which the owner considers necessary in order to put the house into a state of reasonable repair.]
           2
         [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 4[the 5[Federal 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.]

        18. Notice to be given of devolution of interest in house in cantonment. 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 3[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
  Added by Act No. XXII of 1933, ss. 2-3.
2
  Subs. and added by Act No. IX of 1930, ss. 7-9.
3
  Subs. by Act No. X of 1925, s. 6.
4
  Subs. by Adaptation Order, 1937.
5
  Subs. by Federal Adaptation of Laws Order, 1975 (P. O. No. 4 of 1975), Art. 2 and Table.




                                                                  Page 9 of 12
                                                    1
                                                        [CHAPTER IV
                                            PROCEDURE IN REFERENCES

        19. Jurisdiction in references. All references under this Act shall be made by application, to
and tried by, the Court of the District Judge.

         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 (V of 1908), and
in the trial thereof the Court may exercise any of its powers under that Code.

       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.]
                                           CHAPTER V
                                                   APPEALS
           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.

        (2) No appeal under this section shall be admitted unless it is made within thirty days from the
date of the decision against which it is preferred.

       (3) An appeal preferred under this section shall be deemed to be an appeal from an order within
the meaning of section 108 of the Code of Civil Procedure, 1908 (V of 1908).]
           1
         [30. Appeal to Officer Commanding the District. The owner or 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.]

      31. Petition of appeal.___(1) Every petition of appeal under section 30 shall be in writing and
accompanied by a copy of the notice appealed against.

        (2) Any such petition may be presented to the 3[Officer Commanding the station] and that
officer shall be bound to forward it to the authority empowered by section 30 to hear the appeal, and
may attach thereto any report which he may desire to make in explanation of the notice appealed
against.

        (3) If any such petition is presented direct to the Officer Commanding the District and an
immediate order on the petition is not necessary, the Officer Commanding the District may refer the
petition to the 3[Officer Commanding the station] for report.




1
  Subs. by Act No. IX of 1930, ss. 10-12.
2
  Subs. by Act No. X of 1925, s. 6.
3
  Subs. by Act No. XXII of 1933, s. 4.




                                                   Page 10 of 12
        32. Order in appeal final.___ 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:

       Provided that no appeal shall be decided until the appellant has been heard or has had a
reasonable opportunity of being heard in person or through a legal practitioner 2[and in giving a
decision the Officer Commanding the District shall record briefly the grounds therefore].
           1
        [(2) Notice of the result of the appeal shall be given to the appellant as soon as may be, and,
where the appellant is a tenant of the house, to the owner of the house also.]

       33. Suspension of action pending appeal. Where an appeal has been presented under section
30 within the period prescribed 2[therein], all action on the notice shall, on the application of the
appellant, be held in abeyance pending the decision of the appeal.
                                            __________
                                                                CHAPTER VI
                                                 SUPPLEMENTAL PROVISIONS

        34. Service of notice and requisitions. 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 3[in accordance with a bye-law made under
clause (29) of section 282 of the Cantonment Act, 1924].
           2
        [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
Limitation Act, 1908.]

       35. Power for Federal Government to make rules.___(1) The 4[Federal Government] may
make rules to carry out the purposes and objects of this Act.

           (2) In particular and without prejudice to the generality of the foregoing power, such rules
may___
                                 2
                      (a)            [*     *          *           *          *          *       *]

                      (b)        define the powers of entry, inspection, measurement or survey which may be
                                 exercised in carrying out the purposes and objects of this Act or of any rule
                                 made hereunder.

1
  Re-numbered and added by Act No. XXII of 1933, s. 5.
2
  Omitted, added, subs. and ins. by Act, 1930 (IX of 1930), ss. 13-16.
3
  Subs. by Act No. X of 1925, s. 4.
4
  Subs. by the Federal Adaptation of Laws Order, 1975 (P. O. No. 4 of 1975), Art. 2 and Table.




                                                                  Page 11 of 12
         36. Further provisions respecting rules.___(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 1[official Gazette] and in such other manner (if any)
as the 2[Federal Government] may direct.

        (2) Any rule under section 35 may be general for all cantonments or parts of cantonments in
3
 [Pakistan] in which this Act is for the time being operative, or may be special for any of such
cantonments or parts as the 2[Federal Government] may direct.

       (3) A copy of the rules under section 35 for the time being in force in a cantonment shall be
kept open to inspection free of charge at all reasonable times in the office of the Cantonment 4[Board].
        (4) In making any rule under clause (b) of sub-section (2) of section 35, the 2[Federal
Government] may direct that whoever obstructs any person, not being a public servant within the
meaning of section 21 of the Pakistan Penal Code (XLV of 1860), in making any entry, inspection,
measurement or survey, shall be punishable with fine which may extend to fifty rupees, and, in the
case of a continuing offence, with fine which, in addition to such fine as aforesaid, may extend to five
rupees for every day after the first during which such offence continues.

        37. Inapplicability of section 556 of the Code of Criminal Procedure, 1898, to trials of
offences. No Judge or Magistrate shall be deemed, within the meaning of section 556 of the Code of
Criminal Procedure 1898 (V of 1898), 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 5[Board]
or has ordered or approved the prosecution.

       38. Protection to persons acting under Act. 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.

           39. 6[*               *          *          *          *           *          *]


           THE SCHEDULE. ___ 6[*                       *          *           *          *          *          *]

                                                                      ___________




124892                                                                                                                    Date: 29-01-2025
1
  Subs. by Adaptation Order, 1937.
2
  Subs. by the Federal Adaptation of Laws Order, 1975 (P. O. No. 4 of 1975), Art. 2 and Table.
3
  Subs. by the Central Laws (Statue Reform) Ordinance, 1960 (XXI of 1960), s. 3 and 2nd Sch. (w. e. f the 14th October, 1955).
4
  Subs. by the Repealing and Amending Act, 1940 (XXXII of 1940), s. 3 and Sch. II.
5
  Subs. by Act No. X of 1925, s. 5.
6
  Rep. by the Repealing Act, 1927 (XII of 1927), s. 2 and Schedule.




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Source: Pakistan Code, Ministry of Law and Justice (pakistancode.gov.pk). Text on this page is reproduced verbatim from the official PDF and is provided for reference only. For the authoritative version, always consult the source document or a current reported edition.

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