Cantonments Act,1924
Act No : 2
Section : DEFINITIONS
SECTION 02: DEFINITIONS
In this Act, unless there is anything repugnant in the subject or context,-
(i) "Assessment Health Officer" means the medical officer appointed by thea[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;
a[(iia) "boundary wall" means a wall which abuts on a street and which does not exceedb[two and a half metres in height ;]
a[(iii) X X X]
a[(iv) "building" means a house, outhouse, stable, latrine, shed, hut or other roofed structure, whether of masonry, brick, wood, mud, metal or other material, and any part thereof, and includes a well and a wallb[(other than a boundary wall)] but does not include a tent or other portable and temporary shelter;]
[(v) Repealed by Act 24 of 1936, S. 2.]
(vi) "casual election" means anelection 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 Boarda[and includes a vacancy in such office, arising, under sub-section (1A) ofsection 17];
a[(viia) "civil area" means an area declared to be a civil area by the Central Government under `section 43A:
(viib) "civil area committee" means a committee appointed under section 43A;]
(viii) "Command " means one of the Commands into which India is for military purposes for the time being divided, and includes any area which thea[Central Government] may, by notification in thea[Official Gazette], declare to be a Command for all or any of the purposes of this Act;
[(ix) (Repealed by Act 12 of 1935, S. 2).]
(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;
a[(xia) "Defence Estates Officer" means the officer appointed by the Central Government to perform the duties of the Defence Estates Officer for the purposes of this Act and the rules made thereunder;
(xib) "Director" means the officer appointed by the Central Government to perform the duties of the Director, Defence Lands and Cantonments, the Command, for the purposes of this Act and rules made thereunder and includes the Joint Director;]
a[c[(xic) "entitled consumer" means a person in a cantonment who is paid from the Defence Services Estimates and is authorised by general or special order of theb[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" meansa[the officer of the Military Engineer Services of that grade], having charge of the military works in a cantonmentb[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,
a[(xiiia) "factory "means afactory as defined inclause (m) ofsection 2 of the Factories Act, 1948;
(xiiib) "Forces" means the Army, Navy and Air Force or any part of any one or more of them;]
(xiv) "Health Officer" means the senior executive medical officer in military employ on duty in a cantonment;
a[(xv) "hospital" includes family welfare centre, child welfare centre, maternity centre and health centre;]
(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, veneral disease, and any other epidemic, endemic or infectious disease which theb[Central Government] may, by notification in theb[Official Gazette], declareato 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 immoveable 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 theb[Central Government]a [* * * *] may, by notification in theb[Official Gazette], declare to be an intoxicating drug for the purposes of this ct;
a[(xixa) lower grade employee' means daftry, peon bhisti, mali, lamp-lighter, chowkidar, mazdoor or safaiwala or any other employee declared by the Central Government to be a lower grade employee for the purposes of this Act;]
a[(xx) "market" includes any place where persons assemble for the sale or for the purpose of exposing for sale, meat, fish, fruits, vegetables, animals intended for human food or any other articles of human food whatsoever, with or without the consent of the owner of such place notwithstanding that there may be no common regulation for the concurse of buyers and sellers and whether or not any control is exercised over the business of, or the persons frequenting, the market by the owner of the place or by any other person, but shall not include a single shop or group of shops not being more than six in number and shops within unit lines;]
a[(xxa) x x x]
a[(xxi) "military officer" means a person who, being an officer within the meaning ofthe Army Act, 1950,the Navy Act, 1957orthe Air Force Act, 1950, is commissioned, gazetted or in pay as an officer doing army, naval or air force duty with the army, navy or air force, or is an officer doing such duty in any army, branch or part of any of those forces;
(xxii) "nuisance" includes any act, omission, place, animal or thing which causes or is liekly to cause injury, danger, annoyance or offence to the sense or sight, smell or hearing or disturbance to rest or sleep, or which is or may b3 dangerous to life or injurious to health on property;]
(xxiii) "occupier" includes an owenr in occupation of, or otherwise using his own land or building; a(xxiv) "Officer Commanding the Area" means the Officer Commanding any one of the areas into which India is for military purposes for the time being divided, or any sub-area which does not form part of any such area, or any area which the Central Government may, by notification in the Official Gazette, declare to be an area for all or any of the purposes of this Act;
a[(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 theb[Area] 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 theb[Area] and Officer Commanding-in- Chief, the Com- mand;]
(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 maintained by aa[Board] and which is licensed by aa[Board] under the provisions of this Act;
(xxix) "private slaughter-house" means a slaughter-house which is not maintained by aa[Board] and which is licensed by aa[Board] under the provisions of this Act;
(xxx) "public market" means a market maintained by aa[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 noi;
(xxxii) "public slaughter-house" means a slaughter-house maintained by aa[Board];
a[(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 for occupation by himself or his family even though he. may himself reside elsewhere, provided that be has not abandoned all intention of again occupying such house either by himself or his family;]
(xxxiii) "Shed" means slighter 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 onsumption;
a[(xxxv) "soldier" means any person who is a soldier or a sailor' or an airman subject to theArmy Act, 1950,the Navy Act, 1957orthe Air Force Act, 1950as the case may be, and who is not a military officer;]
(xxxvi) "spirituous liquor" means any fermented liquor, any wine, or any alcoholic liquid obtained by distillation of the sap of any kind of palm tree, and includes any other liquid containing alcohol which thea[Central Government],b[* * *] may, by notification ina[Official Gazette], declare to be a spirituous liquor for the purposes of this Act;.
(xxxvii) "street" includes any way, road, lane, square, court, alley,a[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 over any bridge or cause way;
a(xxxviia) "sub area" means one of the sub areas 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 territory which the Central Government may, by notification in the Official Gazette, declare to be a sub area for such purposes;
(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, bicyle, tricycle and rickshaw;a[* *].
(xxxix) "water works" includes all lakes, tanks, streams, cisterns, springs, pumps, wells, reservoirs, aqueducts, water trucks, sluices, main 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;a[and (xl) "year" means the year commencing on the first day of April.]
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