The Pakistan Cantonment Property Rules, 1957

Updated: Saturday July 18, 2020/AsSabt Thoul Ki'dah 28, 1441/Sanivara Asadha 27, 1942, at 04:51:59 PM

The Pakistan Cantonment Property Rules, 1957

[1st January, 1957]

No 1/57, dated 1st January, 1957.---In exercise of the powers conferred by clauses (a) and (b) of section 111 of the Cantonments Act 1924 (II of 1924), and in supersession of the late Government of India Army Department Notification No 936 dated the 26th June, 1925, as subsequently amended from time to time-, the Central Government is pleased to make the following rules:--

1. Short title, extent and commencement.---(a) These rules may be called the Pakistan Cantonment Property Rules, 1957.

(b) These shall apply to all Cantonments and shall come into force at once.

2. Definitions.---(1) In these rules, unless there is anything repugnant in the subject or context :--

(a) 'the Act' means the Cantonments Act, 1924;

(b) 'the Board' means the Cantonment Board;

(d) 'Class C land' means land which is vested, in the Board under section 108 of the Act;

(e) 'Executive Officer' means the Executive Officer of the Cantonment;

(f) 'Fund' means the Cantonment Fund as defined in section 106 of the Act; 'Government' means the Central Government;

(g) 'immovable property' includes land, benefits arising out of lands and things attached to the earth or permanently fastened to things attached to the earth, but does not include standing timber, growing crops or grass;

(h) 'movable property' includes standing timber, growing crops and grass, fruit upon and juice in trees, bark, lac, and property of every other description except immovable property.

(2) Other expressions used in these rules which are defined in the Act or rules framed thereunder, are used in the same sense in these rules.

3. Registers of Cantonment property.---(1) Registers of immovable and movable property, which vest in and belong to the Board shall be maintained in the Forms No Cantt. 24-B, No. Cantt. 25-B, and No Cantt. 38-B prescribed in the Pakistan Cantonment Account Cod; 1955.

Site plans of the immovable property will be recorded in the relevant register.

(2) All class C lands in respect of which rent is payable to Government shall be entered in the register Schedule XIX prescribed under the Cantonment Land Administration Rules, 1937.

4. Purchase or lease of land other than land vested in the Government.---Subject to the provisions of sections 109 and 110 of the Act, the Board may purchase or taken on lease any immovable property (other than property which is vested in the Government for the purposes of the Central Government) that may be required for an immediate and definite purpose connected with the administration of the Government

Provided that the Board shall not acquire any property except with the sanction of Government or the appointed authority.

5. Application for Acquisition of land under the Land Acquisition Act, 1894.---(1) While making an application to Government under section 110 of the Act, for acquisition of any immovable property, the Board shall state clearly, the necessity for acquisition thereof, and shall also submit an approximate estimate of compensation to be paid and of land revenue, if any to be remitted.

(2) The amount of compensation awarded and all other charges incurred in the acquisition of any such property shall be paid by the Executive Officer after obtaining the orders of the Board in the normal way and thereupon the said property shall vest in the Board.

(3) Where any land is required for a new street or for the improvement of an existing street, the Board may proceed to acquire (in the manner laid down under section 110 of the Act) in addition to the land to be occupied by the street, the land necessary for the sites of the buildings to be erected on both sides of the street and such land shall be deemed to be required for the purposes of the Act,

6. Transfer to Cantonment Board of land vested in the Government,---(1) When any land in the cantonment which is vested in Government is required by the Board for a purpose connected with the administration of the cantonment, the Board may apply to the Government for the grant of land stating the reasons and purposes.

The Government may transfer the land to the Board on such conditions, as it may deem fit.

(2) If the land applied for is already occupied for any purpose, its I transfer to the Board shall be governed by the provisions of rule 7 of the Cantonment Land Administration Rules, 1937.

(3) If the land is required for an object from which the Board may derive income, it may be transferred to the Board on such conditions and on payment of such annual rent as Government may consider equitable:

Provided that no rent shall be charged for Class C land in Bazar Area:

Provided further that in special circumstances, land may be transferred free of rent.

7. Resumption by Government.---(1) If at any time.--

(i) the land transferred by the Government to the Board is not used for the 'object for which it was granted;

(ii) there has been in the opinion of the Government, any breach of the conditions on which it was transferred;

(iii) the land is required for a public purpose;

the Government may resume the land without payment of any compensation other than the amount paid by the Board for such transfer and the market value at time of resumption of any buildings, works or improvement, subsequently erected, executed or made thereon by the Board, as the case may be.

(2) The amount of compensation shall be decided by the Government in such case.

(3) No compensation may be payable for buildings or works constructed or erected in contravention of the terms of the transfer.

8. Transfer of immovable property by Cantonment Boards.--Immovable property which vests in and belongs to the Board shall not be transferred to any person by the Board by way of sale, mortgage, exchange, or otherwise except with the previous sanction of the Government and in such manner and on such terms and conditions as the Government may approve either generally for any class of cases or specially in any particular case.

9. Provisions governing the leasing of Cantonment property.--(1) No class 'C' land should be leased or otherwise alienated by the Board save in accordance with such orders as the Government may issue in this behalf

(2) Subject to the provisions of sub-rule (1) regarding class 'C' land and section 200 of the Act, regarding public markets and slaughter-houses, Cantonment Fund buildings may be leased by the Board on the following conditions:—

(i) that a reasonable rent is reserved and made payable during the whole term of the lease;

(ii) that the lease is not granted without the previous sanction of the Board for any term exceeding five years and not exceeding ten years without the previous sanction of .the Director, Military Lands and Cantonments or for any term exceeding ten years without the previous sanction of the Government 'or the appointed authority:

Provided that the Executive Officer may grant a lease of any Cantonment Fund building for a term not exceeding five years, the annual rent 'of which does not exceed three hundred rupees; and the Cantonment Board may delegate its functions under this rule to the Executive Officer either generally for any class of cases or specifically in any particular case; and

(iii) that every lease agreement shall--

(a) specify in clear terms the purpose or purposes for which the leased property may be used by the lease;

(b) contain such other conditions as may be considered necessary and as may be prescribed by Government from time to time; and

(c) contain a clause empowering the authority sanctioning the lease to abrogate the lease and enter upon and resume possession in the event of the property being used for any other purpose without the consent of such authority;

(iv) the lease agreement shall be executed in such form as may be prescribed by the Government;

(v) the Executive Officer may summarily remove from the any lessee who has contravened any provisions of the lease agreement;

(vi) the Executive Officer shall allot buildings owned or hired by a Board for use as a residence of a Cantonment servant on such terms and conditions as may be prescribed in this behalf by general or special orders of the Government; and

Text Box: represented, defended, withdrawn or compromised by the Board or any other person so authorised by the Board in this behalf
The Executive Officer shall report particulars of all suits for information to the,Board and the Director, Military Lands and Cantonments.
15. ' Interpretation.---The power to interpret these rides vests with
the.Government whose decisions shall be final. (vii) residential accommodation specially built or procured for the residence of the Executive Officer or a Cantonment servant shall not ordinarily be allowed to be occupied by others.

10. Power to transfer immovable property to the Central Government.---Notwithstanding anything contained in these rules, the Board may, at the instance' of the Government, transfer to the Government any immovable property which vests in and belongs to it under section 108 of the Act on payment of such compensation and on such conditions as may be agreed upon in each case:

Provided that no trusts or public rights subject to which any property, endowment and funds may be held by the Board, shall be affected by such transfer.

11. Powers to acquire and transfer movable property.---Subject to .the provisions of section 109 of the Act, the Board may acquire any movable , property that may be required for the purposes of the Act, and may dispose of by sale or otherwise any movable property belonging to it in accordance with the principle laid down in Pakistan Cantonment Account Code, 1955:

Provided that the Executive Officer may dispose of by sale or otherwise any such property, not exceeding two hundred rupees in value and provided further that the Cantonment Board may delegate its functions to the Executive Officer either generally for any class of cases or specifically in any particular cases.

12. Saving of provisions of Local Authorities Loans Act, 1914.--- Nothing in these rules shall affect the provisions of the Local Authorities Loans' Act, 1914 (IX of 1914), under which except as provided thereby and by the rules made thereunder, no Board may for any purpose borrow money upon, or ..., otherwise charge its property or fund.'

13. Transfer of immovable property belonging to the Provincial' Government and Local Bodies to the Board.---When any land or other immovable property, which vests in the Provincial Government or belongs to a Local Body under the administrative control of the Government, is required by the Board for a purpose connected with the administration of the Cantonment, the Board shall apply to Central Government for procuring the said land or property.

The expenses and other charges incurred in connection with the procurement of such land or property shall be payable by the Executive Offer under the orders of the Board out of the Cantonment Fund.

Nothing in this rule shall debar the Board from purchasing land or property from a local authority by agreement.

14. Suits.---All suits in respect of Cantonment property and fund and covered by the provisions of the aforesaid rules, shall be instituted, represented, defended, withdrawn or compromised by the Board or any other person so authorized by the Board in this behalf.

The Executive Officer shall report particulars of all suits for information to the Board and the Director, Military Lands and Cantonments.

15. Interpretation.--- The power to interpret these rules vests with the Government whose decisions shall be final.

CANTONMENT LAND ADMINISTRATION

RULES, 1937

(Amendments)

[Gazette of Pakistan Extraordinary, Part II,

3rd May, 2018]

S.R.O. 565(I)/2018, dated 3.5.2018.---The Federal Cabinet has approved the proposed amendments duly vetted by Law and Justice Division regarding Cantonment Land Administration Rules, 1937, the Pakistan Cantonments Account Code, 1955, the Pakistan Cantonment Property Rules, 1957 and the Cantonment Boards Budget Rules, 1966 as under:--

In the aforesaid Rules,-

(1) For the words “Central Government”, wherever occurring, the words “Federal Government” shall be substituted;

(2) For the words “Crown”, wherever occurring, the words “Federal Government” shall be substituted.

(3) For the words “His Majesty”, wherever occurring, the words “Federal Government” shall be substituted;

(4) For the words “Government of India”, wherever occurring, the words “Federal Government” shall be substituted;

(5) For the word “India”, wherever occurring, the word “Pakistan” shall be substituted;

(6) For the words “Royal Indian Navy”; wherever occurring, the words “Pakistan Navy” shall be substituted;

(7) In rule 2, in clause (b), for the words “Federal Government”, substituted as aforesaid, the words “Secretary of the administrative Division” shall be substituted;

(8) In rule 3, for sub-rule (2), the following shall be substituted, namely:-

”(2) Without prejudice to rules 10 and 45, no addition or alteration shall be made in the General Land Register except with previous sanction of Secretary of the administrative Division or a person authorized by him in this behalf.”;

(9) In rule 4, in clause (a), for the expression “Federal Government, or such other authority as the Federal Government may empower”, the words Secretary of the administrative Division or a person authorized by him” shall be substituted; and

(10) In rule 6, for the expression “Central Government, or such other authority as they may empower”, the words “Secretary of the administrative Division or a person authorized by him” shall be substituted;

(11) In rule 7,-

(a) For the words “Federal Government”, substituted as aforesaid the words “Secretary of the administrative Division” shall be substituted;

(b) In clause (iii), for the words “Chief Justice in India”, the word “Court” shall be substituted;

(12) In rule 9, in sub-rule (5), in the proviso, for the words “Federal Government”, substituted as aforesaid, the words “Secretary of the administrative Division or a person authorized by him in this behalf shall be substituted;

(13) In rule 10, in sub-rule (1), in clause (vi), for the words “Federal Government”, substituted as aforesaid, the words “Secretary of the administrative Division”, shall be substituted;

(14) In rule 13,-

(a) in sub-rule (2), for the words “Federal Government”, substituted as aforesaid, the words “Secretary of the administrative Division” shall be substituted; and

(b) In sub-rule (3), for the words “Federal Government”, substituted as aforesaid, the words “Secretary of the administrative Division” shall be substituted;

(15) In rule 14,-

(a) In sub-rule (4), for the words “Federal Government”, substituted as aforesaid, the words “Secretary of the administrative Division” shall be substituted; and

(b) In sub-rule (5), for the words “Federal Government”, substituted as aforesaid, the words “Secretary of the administrative Division” shall be substituted;

(16) In rule 19, -

(a) In sub-rule (1), for the words “Federal Government”, substituted as aforesaid and wherever occurring, the words “Secretary of the administrative Division” shall be substituted; and

(b) In sub-rule (3), for the words “Federal Government”, substituted as aforesaid, the words “Secretary of the administrative Division” shall be substituted;

(17) In rule 24, for the words “Federal Government”, substituted as aforesaid, the words “Secretary of the administrative Division” shall be substituted;

(18) In rule 25, in the sub-rule (4) for the words “Federal Government”, substituted as aforesaid, the words “Secretary of the administrative Division” shall be substituted;

(19) In rule 26, -

(a) For the expression “Federal Government, or such other authority as the Federal Government may appoint”, the expression “Secretary of the administrative Division” shall be substituted; and

(b) For the words “Federal Government, or the appointed authority”, occurring for the first and second times, the expression “Secretary of the administrative Division” shall be substituted;

(20) In rule 37, in the sub-rule (1) in the proviso, for the expression “Federal Government, or of such other authority as the Federal Government may appoint”, the words “Secretary of the administrative Division or person authorized by him” shall be substituted;

(21) In rule 41, for the words “Federal Government”, substituted as aforesaid, the words Secretary of the administrative Division” shall be substituted; and

(22) In rule 43, -

(a) In clause (i), for the words “Federal Government”, substituted as aforesaid, the words “Secretary of the administrative Division” shall be substituted;

(b) In clause (ii), for the words “Federal Government”, occurring twice and substituted as aforesaid, the words “Secretary of the administrative Division or a person authorized by him” shall be substituted; and

CANTONMENTS ACCOUNT CODE, 1955

(Amendments)

[Gazette of Pakistan Extraordinary, Part II,

3rd May, 2018]

In the aforesaid Rules,-

(1) In rule 2,--

(a) For clause (vi), the following shall be substituted, namely:-

”(iv) “Competent authority” means the authority to whom relevant powers have been entrusted under these rules;”;

(b) For clause (viii), the following shall be substituted, namely:-

”(viii) “Director General” or “DG ML&C” means the Director General, Military Land and Cantonments and includes such other officers empowered to exercise all or any of the powers of the DG ML&C under these rules;”;

(d) In clause (xvi), for the word “Government”, occurring for the second time, the expression “administrative Division in consultation with the Finance Division” shall be substituted;

(2) In rule 4,-

(a) For the word “Government”, occurring for the first and second time, the words “DG ML&C” shall be substituted; and

(b) For the words “Government and of the Accountant-General”, the words “administrative Division and the Auditor-General of Pakistan” shall be substituted;

(3) In rule 14,-

(a) In sub-rule (1),

(i) In clause (iii), for the word “Director”, the word “DG ML&C” shall be substituted; and

(ii) In clause (iv), for the word “Government”, the words “administrative Division in consultation with the Finance Division” shall be substituted;

(b) In sub-rule (2),-

(i) In clause (iii), for the word “Director”, the words “DG ML&C” shall be substituted; and

(ii) In clause (iv), for the word “Government”, the words “administrative Division in consultation with the Finance Division” shall be substituted;

(4) In rule 15, for the word “Government”, the words “DG ML&C” shall be substituted;

(5) In rule 53, for the word “Government”, wherever occurring, the words “administrative Division in consultation with the Finance Division” shall be substituted;

(6) In rule 62B, in sub-rule (2), for the word “Government”, wherever occurring, the words “DG ML&C” shall be substituted;

(7) In rule 62C, in sub-rule (4), in the clause (b), for the word “Government”, the words “administrative Division” shall be substituted;

(8) In rule 63, in sub-rule (1), for the word “Government”, the words “DG ML&C” shall be substituted;

(9) In rule 65, for the word “Government”, the words “DG ML&C” shall be substituted;

(10) In rule 74, for the word “Government”, the words “administrative Division in consultation with the Auditor-General of Pakistan” shall be substituted;

(11) In rule 75, for the word “Government”, the words “administrative Division in consultation with the Auditor-General of Pakistan” shall be substituted;

(12) In rule 84, for the word “Government”, the words “DG ML&C” shall be substituted.

(13) In rule 86, for the word “Government”, the words “administrative Division in consultation with the Finance Division” shall be substituted;

(14) In rule 87, for the word “Government”, the words “DG ML&C” shall be substituted;

(15) In rule 88, for the word “Government”, the words “administrative Division in consultation with the Finance Division” shall be substituted;

(16) In rule 93, for the words “Government”, the words “administrative Division in consultation with the Finance Division” shall be substituted;

(17) In rule 102, for the expression “anna, fractions below half an anna being omitted, and half an anna or over being reckoned as one anna”, the expression “Rupee, fraction below fifty paisa being omitted” shall be substituted;

(18) In rule 102A, for the word “Government”, the words “DG ML&C with concurrence of the administrative Division” shall be substituted; and

(19) In rule 102B, for the word “Government”, the words “administrative Division” shall be substituted; and

(20) In rule 103, for the word “Government”, the words “administrative Division in consultation with Law and Justice Division” shall be substituted.

CANTONMENT PROPERTY RULES, 1957

(Amendments)

[Gazette of Pakistan Extraordinary, Part II,

3rd May, 2018]

In the aforesaid Rules,--

(1) In rule 2, after clause (4), the following new clause shall be inserted, namely:-

”(4A) “DG ML&C” means the Director General, Military Lands and Cantonments;”;

(2) In rule 58, for the word “Government”, the words “DG ML&C” shall be substituted;

(3) In rule 60, for the word “Government”, occurring twice, the words “DG ML&C” shall be substituted;

(4) In rule 61, for the word “Government”, the words “DG ML&C” shall be substituted; and

(5) In rule 73, for the word “Government”, the words “DG ML&C” shall be substituted.

CANTONMENT BOARDS BUDGET RULES, 1966

(Amendments)

[Gazette of Pakistan Extraordinary, Part II,

3rd May, 2018]

In the aforesaid Rules,-

(1) In rule 2, after clause (d), the following new clause shall be inserted, namely:-

”(da) “DG ML&C” means the Director General, Military Lands and Cantonments;”;

(2) In rule 6, for - the word “Government”, the words “Secretary of the administrative Division” shall be substituted:

(3) In rule 8, for the word “Government”, the words “Secretary of the administrative Division” shall be substituted; and

(4) In rule 9, for the word “Government”, the words “Secretary of the administrative Division” shall be substituted.