Print

13/07/2024
The Cantonments (House Accommodation) Act, 1923

The Cantonments (House Accommodation) Act, 1923

( ACT NO. VI OF 1923 )

Chapter VI

SUPPLEMENTAL PROVISIONS

Service of notice and requisition
34. Every notice or requisition prescribed by this Act shall be in writing, signed by the person by whom it is given or made or by his duly appointed agent, and may be served by post on the person to whom it is addressed, or, in the case of an owner who does not reside in or near the cantonment, on his agent appointed in accordance with a bye-law made under clause (29) of section 282 of the Cantonments Act, 1924.
Computation of periods of limitation
1[34A. The period prescribed for making any reference or preferring any appeal under this Act shall be computed in accordance with the provisions of the Limitation Act, 1908.]
Power for Government to make rules
35.(1) The Government may make rules to carry out the purposes and objects of this Act.
 
 
(2) In particular and without prejudice to the generality of the foregoing power, such rules may-
 
 
2[* * *]
 
 
(b) define the powers of entry, inspection, measurement or survey which may be exercised in carrying out the purposes and objects of this Act or of any rule made hereunder.
Further provisions respecting rules
36.(1) The power to make rules under section 35 shall be subject to the condition of the rules being made after previous publication and of their not taking effect until they have been published in the official Gazette and in such other manner (if any) as the Government may direct.
 
 
(2) Any rule under section 35 may be general for all cantonments or parts of cantonments in Bangladesh in which this Act is for the time being operative, or may be special for any of such cantonment or parts as the Government may direct.
 
 
(3) A copy of the rules under section 35 for the time being in force in a cantonment shall be kept open to inspection free of charge at all reasonable times in the office of the Cantonment Board.
 
 
(4) In making any rule under clause (b) of sub-section (2) of section 35, the Government may direct that whoever obstructs any person, not being a public servant within the meaning of section 21 of the 3[Penal Code], in making any entry, inspection, measurement or survey, shall be punishable with fine which may extend to fifty Taka, and, in the case of a continuing offence, with fine which, in addition to such fine as aforesaid, may extend to five Taka for every day after the first during which such offence continues
Inapplicability of section 556 of the Code of Criminal Procedure, 1898, to trials of offences
37. No Judge or Magistrate shall be deemed, within the meaning of section 556 of the Code of Criminal Procedure, 1898, to be a party to, or personally interested in, any prosecution for an offence constituted by or under this Act merely because he is a member of the Cantonment Board or has ordered or approved the prosecution.
Protection to persons acting under Act
38. No suit or other legal proceeding shall lie against any person for anything in good faith done, or intended to be done, under this Act or in pursuance of any lawful notice or order issued under this Act.
[Repealed]
39. [Repealed by section 2 and Schedule of the Repealing Act, 1927 (Act No. XII of 1927).]

  • 1
    Section 34A was inserted by section 15 of the Cantonments (House-Accommodation Amendment) Act, 1930 (Act No. IX of 1930)
  • 2
    Clause (a) was omitted by section 16 of the Cantonments (House-Accommodation) (Amendment) Act, 1930 (Act No. IX of 1930)
  • 3
    The words "Penal Code" were substituted, for the words "Pakistan Penal Code" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
Copyright © 2019, Legislative and Parliamentary Affairs Division
Ministry of Law, Justice and Parliamentary Affairs