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CANTONMENTS (HOUSE ACCOMMODATION) ACT, 1923
6 of 1923
5th March, 1923
"The committee which was appointed in the winter of 1920-21 to enquire into and make recommendations in regard to the administration of cantonments recommended inter alia that the Cantonments (House Accommodation) Act should be revised, so as to remove certain defects which have been brought to light and to carry out more fully the intention of the Act, namely, the better provision of house-accommodation for military officers in cantonments. These recommendations have now been examined by the Government of India whose conclusions are embodied in the draft Bill. 2. A number of the amendments are designed merely to bring the Act up-to-date by specifying, in place of the authorities by whom the Act is at present administered, other authorities recently constituted, e.g. District Commanders in lieu of Divisional Commanders. 3. The principal changes of substance which the Bill seeks to introduce are, firstly, to substitute for the procedure under which houses are liable to be appropriated for use, on a monthly tenancy, by military officers holding direct from the house owner, a procedure under which Government will take such houses as may be required on a repairing lease for a term of at least five years and will allot the houses so leased to officers requiring accommodation. .Under this procedure, officers will become the tenants of Government who alone will deal with the house-owners. Secondly, it is proposed to repeal those sections of the existing Act which provide for interference in the settlement of disputes between house-owners and individual tenants. If the Bill becomes law, individual officers will, as already explained, cease to be the direct tenants of house owners. Where the military officer prefers to take a house by private agreement with a house-owner, and not from Government, it is considered that there is no justification for interference between the two parties in cases of disputes, which will in future be settled as they would outside a cantonment, either by agreement between the parties or by recourse to the law Courts. Thirdly, the Bill alters the constitution of Committees of Arbitration and provides for an appeal to the Court against the decisions of such committees." -Gazette of India, 1922, Pt, V, p. 233.
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 01: PRELIMINARY
SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT
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(1) This Act may be called The Cantonments (House-Accommodation) Act, 1923.
(2) It extends to2 [the whole of India] 3[* *] 3[* * *] 4[* *].
(3) It shall come into force on the first day of April, 1923, but it shall not become operative in any cantonment or part of a cantonment until the issue, or otherwise than in pursuance, of a notification as hereinafter provided bisection 3-: Provided that any notification made under section 3-of the Cantonments (House Accommodation) Act, 1902, which is in force at the commencement of this Act, shall be deemed to be a notification made under section 3-of this Act.
SECTION 02: 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 ft brigade of not, into which India is for military purposes for the time being divided, and includes any area which the6 [Central Government] may, by notification in the6 [Official Gazette], declare to be a Brigade area for all or any of the purposes of this Act;
7[(b) "Cantonment Board" means a Cantonment Board constituted under the Cantonments Act, 1924;]
(c) 'Command' means one of the Commands into which India is for military purposes for the time being divided, and includes any area which the 'Central Government may, by notification in the8[Official Gazette,] declare to be a Command for all or any of the purposes of this Act;
(d)9["0fficer Commanding the station"] means the officer for the time being in command of the forces in a cantonment10[or, if that officer is the Officer Commanding the District, the military officer who would be in command of those forces in the absence of the Officer Commanding the District].
(e) "District" means one of the Districts into which India is for military purposes for the time being divided; it includes a Brigade area which does not form part of any such District and any area which the 11Central Government may, by notification in the '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 of12 [the Indian] military or air forces on military or air force duty in a cantonment, 13[* * * *], 14[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
CHAPTER 02: APPLICATION OF ACT
SECTION 03: CANTONMENTS OR PARTS OF CANTONMENTS IN WHICH ART LO BE OPERATIVE
- (1) The22 [Central Government] 20[* * *] may, by notification in the22 [Official Gazette], declare this Act to be operative in any cantonment or part of a cantonment21 [* * *], other than a cantonment situate within the limits of a presidency-town.
(2) Before issuing a notification under sub-section (1) in respect of any cantonment or part of a cantonment, the22[Central Government] shall cause local inquiry to be made with a view to determining whether it is expedient to issue such notification, and what portion (if any) of the area proposed to be included therein should be excluded therefrom.
SECTION 04: SAVING OF WRITTEN INSTRUMENTS
- Nothing in this Act shall affect the provisions of any written24 [contract with the Government] unless all the parties to that contract consent in writing to be bound by the terms of this Act.]
CHAPTER 03: APPROPRIATION OF HOUSES
SECTION 05: LIABILITY OF HOUSES TO APPROPRIATION
Every house situate in a cantonment or part of a cantonment in respect of which a notification under subsection (1) of section 3-is for the time being in force shall be liable to appropriation by25 [The Central Government] on a lease in the manner and subject to the conditions hereinafter provided.
SECTION 06: 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 staling that he is unable to secure suitable accommodation in the cantonment for himself or the mess on reasonable terms by private agreement, and that no suitable house or quarter belonging to the27 [Government] is available for his occupation or for the occupation of the mess, and the Officer Commanding the Station is satisfied on inquiry of the truth of the facts so stated; or
(b) the Officer Commanding the Station is satisfied on inquiry that there is not in the cantonment a sufficient and assured supply of houses available at reasonable rates of rent by private agreement to meet the requirements of the military officers and military messes whose accommodation in the cantonment is in his opinion necessary or expedient, the Officer Commanding the Station may, with a view to enforcing the liability under section 5-, serve a notice on the owner of any house which appears to him to be suitable for occupation by a military officer or a military mess, as the case may be, within the cantonment, or, if this Act is in force in part only of the cantonment, within that part, requiring the owner to permit the house to be inspected, measured and surveyed by such person and on such date, not being less than three clear days from the service of the notice, and at such time between sunrise and sunset, as may be specified in the notice.
(2) On the date and at the time so specified the owner shall be bound to afford all reasonable facilities to the person specified in the notice for the purpose of the inspection, measurement and survey of the house and if he refuses or neglects to do so, such person may, subject to any rules made under this Act, enter on the premises and do all such things as may be reasonably necessary for the said purpose.]
SECTION 07: PROCEDURE FOR TAKING HOUSE ON LEASE
(1) If, on the report of such person as aforesaid, the28 [Officer Commanding the station] is satisfied that the house is suitable for occupation by a military officer or a military mess. he may29 [* * *] by notice-
(a) require the owner to execute a lease of the house to 30[the Central Government] for a specified period which shall not be less than five years;
(b) require the existing occupier, if any, to vacate the house; and
(c) require the owner to execute within such time as may be specified in the notice such repairs as may, in the opinion of the 30[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:
31[Provided that nothing in this sub-section shall be deemed to affect the right of31 [the Central Government] to avoid the lease in any such event as is specified in clause (e) of section 108 of the Transfer of Property Act, 1882-.]
SECTION 08: PROCEDURE TO BE OBSERVED BEFORE TAKING A HOUSE ON LEASE
[Repealed by the Cantonments (House-Accommodation Amendment) Act, 1930 (9 of 1930), S. 5.]
SECTION 09: SANCTION TO BE OBTAINED BEFORE A HOUSE IS OCCUPIED AS A HOSPITAL, ETC
No house in any cantonment or part of a cantonment in which this Act is operative shall, unless it was so occupied at the date of the issue of the notification declaring this Act or the Cantonments (House-Accommodation) Act, 1902, as the case may be. to be operative, be occupied for the purposes of a hospital, school, school hostel, bank, hotel or shop or by a railway administration, a company or firm engaged in trade or business or a club, without the previous sanction of the Officer Commanding the District given with the concurrence of the Commissioner or, in a32 [State] where there are no Commissioners, of the Collector.
SECTION 10: HOUSES NOT TO BE APPROPRIATED IN CERTAIN CASES
No notice shall be issued under section 7-if the house-
(a) was, at the date of the issue of the notification declaring this Act or the Cantonments(House-Accommodation) Act, 1902, as the case may be, to be operative in the cantonment or part of the cantonment, or is, with such sanction as is required bisection 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 the33 [State Government] with the concurrence of the Officer Commanding the District, or by the34'[Central Government], for use as a public office or for any other purpose.
SECTION 11: TIME TO BE ALLOWED FOR GIVING POSSESSION OF HOUSE
(1) If a house is unoccupied, a notice issued under section 7-may require the owner to give possession of the same to the [Officer Commanding the station] within twenty-one days from the service of the notice.
(2) If a house is occupied, a notice issued under section 7-shall not require its vacation in less than thirty days from the service of the notice.
(3) Where a notice has been issued under section 7-and the house has been vacated in pursuance thereof, the lease shall be deemed to have commenced on the date on which the house was so vacated.
SECTION 12: SURRENDER OF HOUSE WHEN TO BE ENFORCED
If the owner fails to give possession of a house to the36 [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,
SECTION 13: OPTION IN CERTAIN CASES FOR OWNER ON WHOM NOTICE IS ISSUED UNDER SECTION 7 TO CALL UPON THE GOVERNMENT TO PURCHASE
(1) If a house, in respect of which a notice is issued under section7-, is shown to the satisfaction of the37 [Central Government], or is proved by a decree or order of a Court of competent jurisdiction, to have been erected-
(a) under any conditions, rules, regulations or orders which were in force in Bengal prior to the eighth day of December, 1864, and conferred on the owner the option of offering the house for sale to the military officer applying for its appropriation for his occupation or to the East India Company or the Government, or
(b) under any conditions, rules regulations or orders which were in force in Bombay prior to the first day of June, 1875, and conferred such an option as is described in clause (a), then the owner shall have the option of either complying with the notice of offering the house38[for sale to the Central Government].
(2) If the owner elects to sell the house, and37[Central Government] is willing to purchase it, the question of the amount of the purchase-money to be paid shall, in the event of disagreement, be referred to39[a Civil Court, in accordance with the provisions of Chapter IV].
SECTION 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,42[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.
(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, 42 [Central 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 render42 [Central Government] so liable unless an application in writing in this behalf is made by the owner to the 40[Officer Commanding the station] within fifteen days from the service of the notice; or
(b) to limit or otherwise affect any agreement between41 [the Government] and the owner.
SECTION 15: POWER FOR OWNER TO REFER TO CIVIL COURT ON QUESTION OF RENT
(1) If the owner considers that the rent stated in a notice issued under section 7-is not reasonable, he may within a period of43[thirty] days from the service of such notice,44[refer the matter to a Civil Court, in accordance with the provisions of Chapter IV]:45[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 preference] within the said period, he shall be deemed to have accepted the rent so offered.
SECTION 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-, the47[Officer Commanding the station] may by notice require the owner to execute the repairs within such period, not being less than48[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, within48[thirty] days from the service of the notice49[refer the matter to a Civil Court in accordance with the provisions of Chapter IV]:49[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-.]
49[(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.]
SECTION 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 of52[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.]
SECTION 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 the54[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.
CHAPTER 04: PROCEDURE IN REFERENCES
SECTION 19: JURISDICTION IN REFERENCES
All references under this Act shall be made by application to, and tried by, the Court of the District Judge.
SECTION 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-, and in the trial thereof the Court may exercise any of its powers under that Code.
SECTION 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.
SECTION 22-28: SUBSTITUTED FOR CH. IV CONSISTING OF SS. 19 TO 28 BY ACT 9 OF 1930, S. 10.
[See foot-note [a] given under section 19.
CHAPTER 05: APPEALS
SECTION 29: APPEAL TO HIGH COURT
56[(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-.]
SECTION 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 of58[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.
SECTION 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 the59[Officer Commanding the station], and that officer shall be bound to forward it to the authority empowered bisection 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 the59[Officer Commanding the station] for report.
SECTION 32: ORDER IN APPEAL FINAL
60[(1)] The decision on any such appeal to the Officer Commanding the District61[* * *] 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 practitioner62[and in giving a decision of the Officer Commanding the District shall record briefly the grounds therefore.]
63[(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.]
SECTION 33: SUSPENSION OF ACTION PENDING APPEAL
Where an appeal has been presented under section 30-within the period prescribed64 [therein], all action on the notice shall on the application of the appellant, be held in abeyance pending the decision of the appeal.
CHAPTER 06: SUPPLEMENTAL PROVISIONS
SECTION 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 appointed65 [in accordance with a bye-law made under clause (29) of section 282 of the Cantonments Act, 1924-].
SECTION 34A: COMPUTATION OF PERIODS OF LIMITATIONS
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],
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