The Cantonments (House Accommodation) Act, 1923

(1) This Act may be called the Cantonments (HouseAccommodation) Act, 1923. It extends' to the whole of India 1*** 2*** 3***. (3) It shall come into force on the first day of April, 1923, but it shall not become operative in anycantonment or part of a cantonment until the issue, or otherwise than in pursuance, of a notification ashereinafter provided by section 3: Provided that any notification made under section 3 of the 5Cantonments (House-Accommodation)Act, 1902 (2 of 1902), which is in force at the commencement of this Act, shall be deemed to be anotification made under section 3 of this Act.

(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, intowhich India is for military purposes for the time being divided, and includes any area which theCentral Government may, by notification in the Official Gazette, declare to be a Brigade area for allor any of the purposes of this Act; 1* * * * * 2[(b) "Cantonment Board" means a Cantonment Board constituted under the Cantonments Act,1924 (2 of 1924);] "Command" means one of the Commands into which India is for military purposes for the timebeing divided, and includes any area which the Central Government may, by notification in theOfficial 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 theforces in a cantonment 4[or, if that Officer is the Officer Commanding the District, the military officerwho 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 timebeing divided; it includes a Brigade area which does not form part of any such District and any areawhich the 5[Central Government] may, by notification in the 5[Official Gazette], declare to be a Districtfor 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, andincludes the land and buildings appurtenant to a house; (g) "military officer" means a commissioned or warrant officer of 6[the Indian] military or airforces on military or air force duty in a cantonment, 7***, 8[an officer of the Cantonments Department]and any person in Army departmental employment whom the Officer Commanding the District may atany time, by an order in writing, place on the same footing as a military officer for the purposes of thisAct; (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 wouldso 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) alldoors and windows are intact, properly painted or oiled and provided with proper locks or bolts orother secure fastenings, and (iii) all rooms, out-houses and other appurtenant buildings are properly colour-washed orwhitewashed. (2) If any question arises whether any land or building is appurtenant to a house, it shall be decidedby the 9[Officer Commanding the station] whose decision thereon shall, subject to revision by the10[Collector], be final. 11[(3) In the application of this Act to 12[the territories which immediately before the 1stNovember 1956, were comprised in any Part B State], any reference to an enactment not in forcein 13[those territories] shall be construed as a reference to the corresponding law in force in 13[thoseterritories].]

(1) The 1[CentralGovernment] 2*** may, by notification in the 1[Official Gazette], declare this Act to be operative in anycantonment or part of a cantonment 3 ***, other than a cantonment situate within the limits of apresidency-town. (2) Before issuing a notification under sub-section (1) in respect of any cantonment or part of a,cantonment, the 4[Central Government] shall cause local inquiry to be made with a view to determiningwhether it is expedient to issue such notification, and what portion (if any) of the area proposed to beincluded therein should be excluded there from.

1[4. Saving of written instruments.--Nothing in this Act shall affect the provisions of any written2[contract with the Government] unless all the parties to that contract consent in writing to be bound bythe terms of this Act.]

Every house situate in a cantonment or part of acantonment in respect of which a notification under sub-section (1) of section 3 is for the time being inforce shall be liable to appropriation by 1[the Central Government] on a lease in the manner and subject tothe conditions hereinafter provided.