Updated: Tuesday May 28, 2013/AthThulatha Rajab 19, 1434/Mangalavara Jyaistha 07, 1935, at 01:08:32 AM
The Cantonments’ Ordinance, 2002
ORDINANCE XXXVII OF 2002
An Ordinance to consolidate and amend the law relating to cantonments and to reconstruct and regulate local-self Government in the cantonment areas
dated 3-12-2002.--The following Ordinance promulgated by the President on
WHEREAS it is expedient to consolidate and amend the law relating to cantonments and to reconstruct and regulate local self-government in the cantonment areas and to provide for matters connected therewith or ancillary thereto;
AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action.
NOW, THEREFORE, in pursuance of the Proclamation of Emergency of the fourteenth day of October, 1999, and the Provisional Constitution Order No. 1 of 1999, read with the Provisional Constitution (Amendment) Order No. 9 of 1999, and in exercise of all powers enabling him in that behalf the President of the Islamic Republic of Pakistan is pleased to make and promulgate the following Ordinance:---
1. Short title, extent and commencement.- (1) This Ordinance may be called the Cantonments’ Ordinance, 2002.
(2) It extends
to the whole of
(3) The Federal Government may, by notification in the official Gazette, direct that this Ordinance, or any provisions thereof which it may specify, shall come into force on such date as it may appoint in this behalf.
2. Definitions.- In this Ordinance, unless there is anything repugnant in the subject or context,---
(i) “armed forces” means forces governed by the Pakistan Army Act, 1952 (XXXIX of 1952), the Pakistan Navy Ordinance, 1961 (XXXV of 1961) or the Pakistan Air Force Act, 1953 (VI of 1953);
(ii) “Assessing Authority” means the Cantonment Administrative Officer or a Cantonment Officer designated by him as such;
(iii) “Assistant Health Officer” means a medical officer appointed by the Board to be the Assistant Health Officer for the cantonment.
(iv) “Board” means Cantonment Board constituted under this Ordinance;
(v) “body corporate” means a body having perpetual succession and a common seal with power to acquire and hold moveable and immoveable property, and transfer any property held by it, and enter into any contract and may sue and be sued in its name;
(vi) “budget” means an official statement of estimated receipts and expenditure for a financial year;
(vii) “building’’ includes any shop, house, hut, outhouse, shed, stable or enclosure built of any material and used for any purpose, and also includes wall, well, veranda, platform, plinth, ramp and steps;
(viii) “building line” means a line beyond which the outer face or any part of external wall of a building does not project in the direction of any street, existing or proposed;
(ix) “bye-laws” means the bye-laws made under this Ordinance;
(x) “cantonment” means a cantonment a declared as such under the Cantonments Act 1924 (II of 1924) or under this Ordinance;
(xi) “Cantonment Administrator” means the Officer Commanding the station as head of the Cantonment Administration;
(xii) “Cantonment Administration” includes the Cantonment Administrator and officials and employees of the Cantonment Administration;
(xiii) “Cantonment Administrative Officer” means an officer appointed by the Government to assist the Cantonment Administrator in matters of Cantonment Administration;
(xiv) “Cantonment Fund” means fund of a Cantonment Administration raised from its own local or other sources;
(xv) “Competent Authority” means the Chief of the Army Staff or any other officer appointed by the Government to be Competent Authority in respect of one or more cantonments including the cantonments where more than one armed forces are stationed.
Commander” means the Commander of Corps area into which
(xvii) “Council” means a Union Council constituted under this Ordinance; “dairy” includes any farm, cattle-shed, milk store, milk-shop or other place where 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 where he keeps the vessels used by him for the storage or sale of milk;
(xviii) “dairy-man” includes the keeper of a cow, buffalo, goat or other animal, the milk of which is offered or intended to be offered for sale for human consumption, or any purveyor of milk and any occupier of dairy;
(xix) “Director” means Director Military Lands and Cantonments and a person appointed by the Federal Government from the officers of Military Lands and Cantonments Group for the purpose of this Ordinance to assist and advise the Services Headquarters, Corps Commanders of Pakistan Army and officers of equivalent rank or appointment for Naval and Air Force Cantonments who will act as a coordinator between three Service Headquarters and between Services Headquarters and Federal Government will act on behalf of Government regarding service matters, disciplinary cases and inquiries of officers of Military Lands and Cantonments Group and for such other matters as it may be decide and exercise such powers as are delegated by the Director General Military Lands and Cantonments;
(xxi) “Director-General” means Director-General Military Lands and Cantonments Department; an attached department in the Ministry of Defence who will be Head of the Local Government in Cantonments and exercise such other p:,w,ers as may be delegate, by the Federal Government.
(xxii) “disaster” includes famine, flood, cyclone, fire, earthquake, drought, and damages mused by force majeure.
(xxiii) “drain” includes a sewer, a house drain or a dram of any other description, used for carrying sullage or rain water;
(xxiv) “elector” means a person whose name appears on the electoral rolls prepared under section 64;
(xxv) “Garrison Commander” means a Corps Commander or a Division Commander, or any other officer appointed as such by the Competent Authority and in case of more than one service cantonment the Garrison Commander appointed by the Federal Government;
(xxvi) “Government” means the Federal Government;
(xxvii) “Health Officer” means the senior executive medical officer in military employment and in on duty in a cantonment;
(xxviii) “infectious or contagious disease” means cholera, leprosy, enteric fever, smallpox, tuberculosis, diarrhoea, plague, influenza, venereal disease and any other epidemic, endemic or infectious disease, which the Government, may, by notification in the official Gazette declare to be an infectious or contagious disease for purposes of this Ordinance;
(xxix) “land” includes vacant land or on which any structure has been raised or is being raised or is covered with water or is under cultivation or is fallow or is barren and, in relation to a town improvement scheme includes land as defined in clause (a) of section 3 of the Land Acquisition Act 1894 (1 of 1894);
(xxx) “local area” means an area specified in section 10;
(xxxi) “local governments” in relation to a, cantonment as bodies corporate, includes -
(a) a Cantonment Board and Cantonment Administration; and
(b) a Union Council and a Union Administration.
(xxxiv) “Maintenance Engineer” means the Public Works Officer of that grade, or the officer of the Military Engineer Services of the corresponding grade, having charge of the military works to a cantonment or, where more than one 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;
(xxxv) “market” includes any place where persons assemble for the purpose of selling meat, fruit, vegetables, livestock or any other article of food or any place notified as market under this Ordinance or any other law for the time being in force;
(xxxvi) “member” means an elected or a nominated member of a Union Council, or the Board, as the case may be;
(xxxvii) “Military Estate Officer” means the officer appointed by the Federal Government to perform the duties of the Military Estate Officer under this Ordinance;
“muaziaat or delis” means revenue estates declared as such under the Local Revenue Act, 1967 (W.P. Act XVII of 1967);
(xxxviii) “municipal offences” means the offences specified in the Third Schedule;
(xxxix) “municipal services” include water supply, sanitation, conservancy; removal and disposal of sullage, refuse, garbage, sewer or storm water, solid or liquid waste; drainage, and public toilets; express ways, bridges, flyovers, public roads, streets, foot paths, traffic signals, pavements and lighting thereof, public parks, gardens, arboriculture, landscaping, bill boards, hoardings, fire fighting, land use control, zoning, master planning, classification, declassification or-reclassification of commercial or residential areas, markets, housing, urban infrastructure, environment and construction, maintenance and development thereof and enforcement of any law, rule or bye-law relating thereto;
(xl) “Naib Nazim” means, Naib Union Nazim;
(xli) “Nazim” means Union Nazim;
(xlii) “nuisance” includes any act, place or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell, hearing or which disturbs rest or sleep or which is or may be dangerous to life, injurious to health or property;
(xliii) “occupier” includes an owner in occupation of, or otherwise using his own land or building;
(xliv) “Officer Commanding the station” means the armed forces officer nominated by the Competent Authority to be the Officer Commanding the station for purposes of this Ordinance;
(xlv) “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 to be entitled to receive it if the building or land were let to a tenant;
(xlvi) “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;
(xlvii) “ peasant” means a person who is landless farm worker or one who during the period of five years preceding the year in which election is held, has been the owner of not more than five acres of land and depends directly on it for subsistence;
(xlviii) “prescribed” means prescribed by rules made under this Ordinance;
(xlix) “President” means President of the Board;
(l) “public place” means any building, premise or place to which the public have access;
(li) “rent’ means whatever is lawfully payable in money or by a tenant or lessee on account of the occupation of any building or land or use of any machinery, equipment or vehicle;
(lii) “resident” means a person deemed to reside in a cantonment if he maintains therein a house or a portion of the 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 intentions of again occupying such house either by himself or his family;
(liii) “Schedule” means a schedule to this Ordinance;
(liv) “slaughter house” means any place ordinarily used for the slaughter of animals for the purpose of selling the flesh thereof for human consumption;
(lv) “street” includes any way, road lane, square, court, alley 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 foot way.
(lvi) “street line” means a line dividing the land and forming part of a street from adjoining land;
(lvii) “tax” for purposes of imposition and recovery includes taxes, toll or other impost leviable under this Ordinance;
Administration” includes the Union Nazim, Union Naib Nazim, Union Secretaries
and employees of the
(lx) “Vice-President” means the Vice-President of the Board;
(lxi) “water reservoir” includes a spring, well, tube well, pond, tank, water course, culvert and any channel used for supplying water other than canal, river, lake or stream;
(lxii) “work” also includes a survey whether incidental to any other work or not ; and
(lxiii) “worker” means a person directly engaged in work or is dependent ‘on personal labour for subsistence and includes a worker as defined in the Industrial Relations Ordinance, 2002 (XCI of 2002);
DECLARATION OF CANTONMENTS AND DELIMITATION OF
3. Definition of cantonments. - (1) The Government may, by notification in the official Gazette, declare any place or places in which any part of the armed forces of Pakistan is quartered or where defence installations or defence production units are located or which, being in the vicinity of any such place or places, is or are required for the service of such forces to be a cantonment for purposes of this Ordinance and of all other enactments for the time being in force, and may, by a like notification, declare that any cantonment shall cease to be a cantonment:
Provided that any Cantonment declared or notified under any law for the time being in force immediately before the commencement of this Ordinance shall continue to retain such status and shall be deemed to have been notified as such under this Ordinance.
(2) The Government may, by a like notification, define the limits of any cantonment for the aforesaid purposes.
(3) When any place is declared a cantonment for the first time, the Government may, until a local government is constituted in accordance with the provisions of this Ordinance, by order make any provision which appears necessary to it either for the administration of the cantonment or for the constitution of the local government.
(4) The Government may, by notification in the official Gazette, direct that in any place declared a cantonment under sub-section (1) the provisions of any enactment relating to local government other than this Ordinance shall have effect only to such extent or subject to such modifications, or that any authority constituted under any such enactment shall exercise authority only to such extent, as may be specified in the notification.