Cantonments Act, I924

2.Definitions .-

In this Act, unless there is anything repugnant in the subject or context,-

(i) " Assistant Health Officer " means the medical officer appointed by the { Subs.by Act 35 of 1926, s.2, for " Officer Commanding the District ".} [Officer Commanding-in-Chief, the Command,] to be the Assistant Health Officer for a cantonment;

(ii) " Board " means a Cantonment Board constituted under this Act;

{Ins.by Act 2 of 1954, s.2.} [(iia) "boundary wall" means a wall which abuts on a street and which does not exceed eight feet in height ;]

(iii) " brigade area" means one of the brigade areas, whether occupied by a brigade or not, into which India is for military purposes for the time being divided, and includes for all or any of the purposes of this Act any area which the Central Government may, by notification in the Official Gazette, declare to be a brigade area for such purpose or purposes;

{Subs.by Act 24 of 1936, s.2, for the original clause.} [(iv) " building " means a house, outhouse, stable, latrine, shed, hut or other roofed structure whether of masonry, bricks, wood, mud, metal or other material, and any part thereof, and includes a well and a wall {Subs.by Act 2 of 1954, s.2, for " (other than a boundary wall not exceeding eight feet in height and not abutting on a street)".} [(other than a boundary wall)] but does not include a tent or other portable and temporary shelter ;]

{Cl.(v) was rep.by Act 24 of 1936, s.2.}

(vi) " casual election " means an election held to fill a casual vacancy;

(vii) " casual vacancy " means a vacancy occurring otherwise than by efflux of time in the office of an elected member of a Board;

(viii) " 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 the Official Gazette, declare to be a Command for all or any of the purposes of this Act;

{Cl.(ix) was rep.By Act 12 of 1935, s.2 and Sch.I.}

(x) "dairy " includes any farm, cattle-shed, milk-store, milk shop or other place from which milk is supplied or in which milk is kept for purposes of sale or is manufactured for sale into butter, ghee, cheese or curds, and, in relation to a dairyman who does not occupy any premises for the sale of milk, includes any place in which he keeps the vessels used by him for the storage or sale of milk;

(xi) " dairyman " includes the keeper of a cow, buffalo, goat, ass or other animal, the milk of which is offered or is intended to be offered for sale for human consumption, and any purveyor of milk and any occupier of a dairy;

{(Ins.by Act 24 of 1936, s.2.} [(xia) ' entitled consumer " means a person in a cantonment who is paid from the Defense Services Estimates and is authorized by general or special order of the Central Government to receive a supply of water for domestic purposes from the Military Engineer Services or the Public Works Department on such terms and conditions as may be specified in the order ]

(xii) " Executive Engineer " means the Public Works officer of that grade, or the {Subs.by Act 7 of 1925, s.2, for " Military Works Officer ".} [Officer of the Military Engineer Services] of the corresponding grade, having charge of the military works in a cantonment {Ins.by Act 24 of 1936, s.2.} [or where more than one such officer has charge of the military works in a cantonment such one of those officers as the Officer Commanding the station may designate in this behalf], and includes the officer of whatever grade in immediate executive engineering charge of a cantonment;

(xiii) " Executive Officer " means the person appointed under this Act to be the Executive Officer of a cantonment;

(xiv) " Health Officer " means the senior executive medical officer in military employ on duty in a cantonment;

{Cl.(xv) was rep.by Act 24 of 1936, s.2}

(xvi) " hut " means any building, no material portion of which above the plinth level is constructed of masonry or of squared timber framing or of iron framing;

(xvii) " infectious or contagious disease " means cholera, leprosy, enteric fever, small-pox, tuberculosis, diphtheria, plague, influenza, venereal disease, and any other epidemic, endemic or infectious disease which the {Subs.by the A.O.1937, for " L.G."} [Central Government] may, by notification in the Official Gazette, declare to be, an infectious or contagious disease for the purposes of this Act;

(xviii) " inhabitant ", in relation to a cantonment, or local area, means any person ordinarily residing or carrying on business or owning or occupying immovable property therein, and in case of a dispute means any person declared by the District Magistrate to be an inhabitant;

(xix) " intoxicating drug " means opium; ganja, bhang, charas and any preparation or admixture thereof, and includes any other intoxicating substance, or liquid which the {Subs.by the A.O.1937, for " L.G."} [Central Government] {The words " with the previous sanction of the G.G.in C." were rep.by Act 7 of 1925, s.2} may by notification in the Official Gazette, declare to be an intoxicating drug for the purposes of this Act;

(xx) " market " includes any place where persons assemble for the purpose of selling meat, fish, fruit, vegetable, livestock or any other article of food
{Ins.by Act 24 of 1936, s.2.}[(xxa) "Military Estates Officer" means the officer appointed by the Central Government to perform the duties of the Military Estates Officer under rules made under clauses (a) and (b) of sub-section (2) of section 280 ;]

(xxi) " Military officer " means-

(a) a person who, being an officer within the meaning of {The words " the Army Act or " were omitted by the A.O.1950.} the {See now the Army Act, 1950 (46 of 1950}.Indian Army Act, 1911, {The words " or the Air Force Act, " were omitted by the A.O.1950.} {Ins.by Act 24 of 1936, s.2.} [or 8 the Indian Air Force Act, 1932, {See now the Air Force Act, 1950 (45 of 1950).}] is commissioned and in pay as an officer doing military or air force duty with {The words " His Majesty's " were omitted by the A.O.1950.} military or air forces, or is an officer doing such duty in any arm, branch or part of those forces; or

(b) a person doing military or air force duty as a warrant officer with either or those forces or with any arm, branch, or part thereof, whether he is or is not an officer within the meaning of {The words " the Army Act or " were omitted by the A.O.1950.} the {See now the Army Act, 1950 (46 of 1950} Indian Army Act, l911, {The words " or the Air Force Act, " were omitted by the A.O.1950.} {Ins.by Act 24 of 1936, s.2.} [or the Indian Air Force Act, 1932 {See now the Air Force Act, 1950 (45 of 1950).} ;]

(xxii) " nuisance " includes any act, omission, place or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell or hearing, or which is or may be dangerous to life or injurious to health or property;

(xxiii) " occupier " includes an owner in occupation of, or otherwise using his own land or building;

(xxiv) " Officer Commanding the District " means the Officer Commanding any one of the districts into which India is for military purposes for the time being divided, or any brigade area which does not form part of any such district, or any area which the Central Government may, by notification in the Official Gazette, declare to be such a district for all or any of the purposes of this Act;

{Ins.by Act 12 of 1935, s.2 and Sch.I.}(xxiva) " Officer Commanding the station " means the military officer for the time being in command of the forces in a cantonment, or, if that officer is the Officer Commanding the District or Officer Commanding-in-Chief, the Command, the military officer who would be in command of those forces in the absence of the Officer Commanding the District and Officer Commanding-in-Chief, the Command ;]

(xxv) " ordinary election " means an election held to fill a vacancy in the office of: an elected member of a Board arising by efflux of time;

(xxvi) " owner" includes any person who is receiving or is entitled to receive the rent of any building or land whether on his own account or on behalf of himself and others or an agent or trustee, or who would so receive the rent or be entitled to receive it if the building or land were let to a tenant;

(xxvii) " party wall " means a wall forming part of a building and used or constructed to be used for the support or separation of adjoining buildings belonging to different owners, or constructed or adapted to be occupied by different persons;

(xxviii) "private market " means a market which is not maintained by a {Subs.by Act 24 of 1936, s.69, for " Cantonment Authority ".} [Board] and which is licensed by a {Subs.by Act 24 of 1936, s.69, for " Cantonment Authority ".} [Board] under the provisions of this Act;

(xxix) " private slaughter-house " means a slaughter-house which is not maintained by a {Subs.by Act 24 of 1936, s.69, for " Cantonment Authority".} [Board] and which is licensed by a {Subs.by Act 24 of 1936, s.69, for " Cantonment Authority ".} [Board] under the provisions of this Act;

(xxx) " public market" means a market maintained by a {Subs.by Act 24 of 1936, s.69, for " Cantonment Authority ".} [Board];

(xxxi) " public place " means any place which is open to the use and enjoyment of the public, whether it is actually used or enjoyed by the public or not;

(xxxii) " public slaughter-house "means a slaughter-house maintained by a {Subs.by Act 24 of 1936, s.69, for " Cantonment Authority ".} [Board];

{Ins.by s.2, ibid} [(xxxiia) a person is deemed to reside in a cantonment if he maintains therein a house or a portion of a house which is at all times available for occupation by himself or his family even though he may himself reside elsewhere, provided that he has not abandoned all intention of again occupying such house either by himself or his family;]

(xxxiii) " shed " means a slight or temporary structure for shade or shelter;

(xxxiv) "slaughter-house" means any place ordinarily used for the slaughter of animals for the purpose of selling the flesh thereof for human consumption;

(xxxv) " soldier " means a person who is a soldier or airman within the meaning of the Army Act or the Air Force Act, or is subject to the Indian Army Act, l911{See now the Army Act, 1950 (46 of 1950).} , and who is not a military officer;

(xxxvi) "spirituous liquor" means any fermented liquor, any wine, or any alcoholic liquid obtained by distillation or the sap of any kind of palm tree, and includes any other liquid containing alcohol which the {Subs.by the A.O.1937, for " L.G." } [Central Government] {The words " with the previous sanction of the G.G.in C." were rep.by Act 7 of 1925, s.2.} may by notification in the Official Gazette, declare to be a spirituous liquor for the purposes of this Act;

(xxxvii) " street " includes any way, road, lane, square, court, alley {Subs.by Act 24 of 1936, s.2, for " passage or open space ".} [or passage] in a cantonment, whether a thoroughfare or not and whether built upon or not, over which the public have a right-of-way and also the road-way or footway over any bridge or causeway;

(xxxviii) " vehicle " means a wheeled conveyance of any description which is capable of being used on a street, and includes a motor-car, motor lorry, motor omnibus, cart, locomotive, tram-car, hand-cart, truck, motor-cycle, bicycle, tricycle and rickshaw; {The word " and " was rep.by s.2, ibid.}

(xxxix) " water-works " includes all lakes, tanks, streams, cisterns, springs, pumps, wells, reservoirs, aqueducts, water-trucks, sluices, mains, pipes, culverts, hydrants, stand-pipes, and conduits, and all machinery, lands, buildings, bridges and things, used for, or intended for the purpose of, supplying water to a cantonment,{Ins.by s.2, ibid.} [and(xi) "year " means the year commencing on the first day of April.]

2A.[Rule of construction.] Rep.by the Cantonments (Amendment) Act, 1954 (2 of 1954).s.3.

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