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Cantonments (House Accommodation) Act,1923

Act No : 6


Section : PRELIMINARY

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



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