Military Cantonments Act 1864, 22 of 1864, (Rep., Act 3 of 1880) section 111: Wh…

Repealed or not in force · As amended up to 2026-08

111. When any person shall be invested by the local Goveriiinent under criminal jurisdiction of Canton. the provisioi~s of Section XXIII of the Code of uieiit I\Iagistrntc. Crinzind Procedure, with the powers of a Nagistrate within the limits* of- any Military Cantonment, such person shall be styled tlie Cantonment Magistrate, and within the limits of such Cantonment shall, subject to the conhol of the 31agistrate o l the District in wliicli such Cantonmeiit is situate, cxercise the powers of a Xagistrate as defined in the said Code, for the purpose of disposing u l all cases ;\rising witllirl suull Cantonixont which the Magistrate of the Distlbict might dispose of, and for the commitment for trial before the Court of Ftessioiz of the District or placeili which such Cantonment is situate, of any person chapged with ally offence triable before the Court of Session, or for which the person cliargecl shall appear to deserve a more severe sentence than a Na>gistrate is competent under the said Code of Criminal Procedure to award. IV. The Cantonment Magistrate shall be consiciered a Magistrate in charge of a Division of a District within the Cantoument Magistrate to hc dcem- I cd a Magistrate in charge of a J)ivisioii meaning and for the purposes of the Code of of a District. Crimina'l Procedure. V. When any person shall be invested by the local Government under the provisions of Section XXIII of the Code of Assistant Cantonnieiit Magistrates. Criminal Procedure, with the powers of a subordinate Magistrate of the 1st or 2nd Class within the limits of any Military 2 Cantonment, such person shall be styled the Assistant Cantonmenk Magistrate, S and shall be subject to the Rules laid down for subordinate MagiGrates in the said Code. i' -VI. The local Goverilluent may within tlie limits of any !Military Cansmau Causc Courts liiay bc estahlisli-[tonment establish a Court of Sniall Causes for the ] ed in Cautonments. trial of suits of the nature described in Section I11 of Act XLII of 1860 ( f o r the establishtlaent of Cou~ts of Xnzclll Causes Beyond the Zoccll tinzits of the jzhrisdictioqa of the Xqyreme Courts of Judicature established By Royal Chw*ter), and the Cantonment Magistrate, if there be a Cantonment Nagistrate, shall be the Judge of the Court so .established within his jurisdiction. The local Government shall from time ,i =- ACT KO. X S I I oF 1864. to time dcclarc tllc pccuniary limit of the jurisdiction of every Court estahlishccl under this Scction, but such liiiiit sliall in no oasc exceed fi~-c liunclred Rupees. VII. E.iic1.y flonrt of Biiiall Causes establislzed under this Act sllall he deell~ed tc! he a Ccurt estal~lisl~eil under tlze said -ict of 1Sf,(, to al,p!y to h u ~ ~ l CGXIS~S. Act XLII of 1860, and 811 tlie provisioiis of tlic said -4ct shall bo :lSpplicsble to cvwy such Court, and to all suits instituted in 'aily such Court, oxcept as is hereill otherwise prouicled. V I I I . J%,Tlli:l-\e\it:~ u Court of Small Cmses: is estalnlishecl in any Milibary Acts establi.;l~ing Niiit;i;ry (Jourts of Cantonment under the provisions of Section Till, tlie Reqtiests to .ce?.se to havz efii.ct in Call. o l l l e , s I I I - jurisdictioxi exercised in such Calitonmeiit by any trates are appointed to l ~ c Small Cai~se Conrt ,Tutlges. CHkm under Act 111 of 1859 `("ol- confe?*~in,g @:i.ljil Ju.1-isdiction i7~ C C I ' I . C ~ , ~ CC~SCS ~ 2 ~ 0 7 ~ C'CL~~O>L~I` ~ e n i `Joint .2fagist?-clte$,` and `f0.7-` coq2,- `.stitwt.hzy those Oflce?.s Reg.istrcc~-s` of `D c c d d` shall ccase and determine, and so much of any Act as ,authorizes tlic Commanding Officers of Stations or Cantonments to convene Military Courts of Requests for the trial of' actions of debt and other personal actions as aforesaid, shall cease t,o have effect within tlie limits of such Cz~ntoimlent. IX. The local Goveri~ii~ent may invest any Assistant Cantonment &tagis- E :Assistalli ~ a n t o ~ r n ~ ~ ~ t :\l,lgistratc trate with the powers of a Judge of a Court of /' may be invested with powers of a Cause Court ~~d~~ in suith for Small Small Causes to try suits instituted in ally Court nmo~mnt not rrceediig fifty ihpsri. which is estsblishej under Section VI : p~ovicied that no Assistaiit Cantonmeht Magistrate shall have jurisdiction to tr); suits for `xn` amount exceccling fifty Rupees. X. Any Xiiitary Caiitoiirnent may be declared by the local Qoveriiivent Cantonment may be declared a sub- ' fo be a Sub-District for the purposes of Act XVI District under Act XVI of 1864. of 1864 `(to p~aovide f o ~ the Registmtio~z oJ A s s u ~ - ancBs).` The Cantonment Magistrate of an.p Cantollment so declared shall be the Deputy Registrar thereof. XI. The 'Police Force cmployed in a ~ i y Military Cantonment sliall be hct v of 18e1 npl,licahlc to Police deemed to be part of the General Police Force employed in Military Cantonments. under the local Governmelit in whose Territories .such Cantonment is situate, witliiiz tlie meaning of Section 11, Act V of 1861 `(for the Regu,Zntio~z,` of `Police),` a,nd all the provisions of the said Act shall be . applicable , I 4 8 I [ ACT No. XXII O F 1864. applicable to such Force. Thc administ.ration of the Police within the limits ALdlllinh3t:.Rtion of l,olice \\.it,li,l of ally Cmtonment in whicb there sl~all be a CanCautoni~lents. toament ~Xagistrate shall be vested in tlle District Superintendent subject to the general coiitrol and direction of the Commancling Officer of snch Cantonment XII, Tlze local Govel*izment may extend Section XXSlV of tlie said E~tensiou OP Sectiou XXXIV, h c t `r`[Act ][V ][of ][IS61 ][to ally Military Gal~tonrnent situate ] of `1861,` to Militnry ~antoilments. in the Territories under such C4o-\;ernnicnt. `#` XIII.['l'11e. Colnmandiiig Officer of a Cantonment ] [m n j - ][send ][any process ] Scrvtce xlld e\ecntion, t~iroulah Cnn[requiring service or cxecutioil ][by ][any means not ] bnluellt Magistrate, of ~:-oce~siss~~c~illmecliately l his clispos;t.l, to tlLe cl~ief Police by Co~:lnlanding Ofricer uf a Cantonmcllt. Officer in the Calltoilineilt for service or execution through the Cantonme~zt Police, ttlicl it shall bc tlie duty of the said Chief Police Officer to serve or execute such process in tlie same lnallizer as if it had been issued by tlic Cantonment Nngist.rate, ttncl sul)ject to tlie same rules. XIV. It sllall be lawfill for the locarl Governmeilt to extend the provisions of Act XX of 1856 (LO ?~zcbli.e better pl+ozji~iosk Loeai Cro~e~nment luay extend Act `xx` of 1856 to ally ~ i ~ i t a r y ~311tou- `fa-` Ilbe ctppoiqztn.~rnzt nncl rncrilztnzconce of .l)oZice mcllt., : C/~ozc;keydcc~+s in Cities, l'olv~z.s, Xtcrt.io7z.s, Sileb~bs, a7bd Bctsu~s i;lz the Pvesidmcy of PTb7.t TVillicfi??z iyz Bengccl), to any Military Cantonlnent to ~vhicll EL Cailtonmel~t Xagistrate lnsy be appointed, .and the Caiztolzmeiit lfagistratc of any Nilitmy Cantonment to which the saicl Act sh~1,lT be so extended may exercise all the powexs' vestecl in. a Magistrate by tbt Act subject only to the conti.ol of the Nsgistrate of tlie District and the local G~overnmerzt. If there be 110 Cantonme~l-k---N~ligistrikte, -the ..Mn@s, trate of tlie Dist,rict sl-~a-11 carry out the provisions of tlie sa:icl Act when so extended as aforesaid. XV. It shall be lawf~~l for the local Governn~en t o orciela that any MiliAlld may ili\~irion of Cellton.[tary Callto~mellt to which tlie provisions of ][tile ] meut?, kc. saicl Act Y S of 1856 shall be estcndecl be clividetl into ally number of Calitoizmelit divisions, and to determine tlie nature of the tax to be levied i11 each such division according to Section X of the said ,4ct. XVI. Tlle local Govcrnmclit may prescribe rules for regulating the expenditure for the general l)Lu.poses of this Act, BzJ. may prescribc rules for regulating expenditare of funds miscd. of any fuilds raised iulder the said Act XX of 1856. Such funds may he expelzded for the puixpose of ~a~rrpiilg out any qleasures under ' : .$ .$ .: ;;i .~. . . ,.., , ,. ,, ACT No. XXII `OF` 1864. ' under any of the Rules a,nd Regulations made under Section XVII of this Act in addition to or i n lieu of the purposes described in Section XXXVI of the said Act XX of 1856. XVII, The local Government shall have pourer to make Rules and %.'i;'.>."" .- . `"ur*` Stegulations not illcollsistent wit11 the provisions And may make Rules aud Regulation8 to provide for certain matters hereinthis Act, or Of any other law in force, to provide after melltioned : the saillc to be general or special. rvi~hin the limits of any Military Ca,ntonlnent for the matters hereinafter mentioned, and from time to time to repeal, or alter, such Rules and Regulation. Tlie Bules and Regulatioiis made under this Section may be general for all Military Cantonments in the Territories under the local Government making the sa.me, or special for any one or more of such Ca.ntonments, according ams the local Government shall direct. XVIII. Ko &ule or Regulation made or altered under the last preceding Section shall have effect until the same shall have Rules and Regulations to be co~lfirmed by G O V ~ ~ ~ O Y - ~ e n e r a l in Council. been confirmed by the Governor-General of India in Council. A copy of every such Rule. and Regulation when so confirmed, in English and in the Vernacular language chiefly in use, shall be hung up in some conspicuous part of the Office of the Cantonment Magistrate, or in such o t h r place as the local Government or the Commanding Officer may disect. For what lnatters Rules and ItegulaXIX, The Rules and Regulations made t i o ~ ~ s ma7 brovide. under Section XVII inay provide- 1st.-For regulating, ,in cases in which the land within the limits of the Cantonment is the property of Government and the occupation and use of whicli by private persons is only permissive, the conditions under which such occupation or use shall be allowed, and under which tlie Government may resume possession of such land, and under which compensation shall be given to persons occupying or using the laad so resumed. 2qzd.-For maintaining proper registers of immoveable property within tlie limits of the Cantonment, and for providing for the registration of transfers of such property. 3rd.-For regulating the manner in which houses within the limits, of the Cantonment shall be claimable fop purchase or hire, when necessary; for the accommodation of Military Officers. 4th.-For . < > . . - ' i . : . : .$ .$ . . . .;1 :? g 3 `4` '1 :$ :.i '5 .$ .,i `$8` .1 ;$ # .'+> 4 . . j , 1 i `j` 1 ' ACT Xo. XXII `OF` 1864. 4tlz.-For regulating the management and expenditure of any funds made available Iny law or by the Goverizmeizt for the purpose of public improvements within the limits of tlze Cantonment, or for carrying out any Rules and Regulatioiis passed u n d e ~ this Section, and the appointment of the necessary servants and estalnlishments. 5th.-For the definition and prohibition of public nuisances. Bt/z.--k'or the maintaina.nce generally of the Cantonment in a proper sanitary condition; for the prevention and cure of disease; for the management and regulation of the public roads, of conservancy and drainage; for the regulation and inspection of public and private necessaries, urinals, cess-pools, draiiis, and all places in which filth or rubbish is deposited; of slaughter houses, public markets, burial and burning grounds, and of all offensive or dangerous trades and occupations. 7th--For inspecting and controlling lluuses of ill-fame and for preventing the spread of venoresl disease. 8th.-For the supervision and regulation of public wells, tanks, springs or other sources from which water is or may be im.ade available for public use. 9tlz.-Yor the execution and promotion of works of public utility %nd convenience. 10th.-For the registration of deaths, and for making and rebording observations and facts important for the public health and interests. lltl~.--Eor the imposition of penalties on persons convicted of the breach of any Rule or Regulation made under Section XVII, and for declaring what persons shall make the preliminary inquiry into or take cognizance of any breach of such &ules and Regulations, and the manner in which the iiivestigation shall be conducted. l'rovicled that no penalty so imposed shall exceed a fine of fifty Rupees, or imprisonment for eight days with or without labour. XX. Breaclies of any Rule or Regulation made under Section XVII Trial of breaches of Rules and Re-[shall be triable by the' Cantonment Magistrate ] gulations. when there is such an Officer : but the local Government may invest any Assistant Cantonment R/lagistrat.e, or any other person, with powers to try such bresches, and may authorize such person to exercise ' such powers independently of the Cantonment Magistrate. The Magistrate of the I ACT No. XXII `OY` 1864. the District shall have no control over the Cantonment >lagistrate, or over any Assistant Cantonment Nagistrate, or any other person invested with such powers as herein aforesaid. XXI. In every case in which an offender is sentenced to a fine for the Amount of fine i ~ n ~ o s e d horv to be breach of any Rule or Regulation made under levied. Section XVII, the amount may in case of nonpayment be leviecl by distress and sale of any moveable property of the offender which iaay be found within the limits of the Cantonment. XXII. If no such property sufficient for the payment of the fine can be founcl, the offender shall be liable to be impriImprisomnent in case of amouut not being levied. soned without labour for any term not exceeding one month. XXIII. The imprisonment under Section XIX or Section XXII may be, if without labour, in the Civil Jail ; and if with labour, in the Criminal Jail of the District. XXIV. Nothing in this Act nor in any Xule or Regulation made under Proseclltious, under other Section XVII shall prevent any person from being latious> llot barred by prosecuted under any other Regulation or Act for any offence punishable under this Act, or from being liable under any other Regulation or Act to any other or higher penalty or punishment than is provided for such offence by this Act. Providecl that no person shall be punished twice for the same offence. , XXV. mhenever it shall appear inccessa,ry for the protection of the health of the troops in any Military Cantonment, it shall For p~otectioii of the health of the troous. and Rer,,lations lnade be lawful for the Gavel-nor General of India in may be extended beyond liinits of the 7th 'lause lf Section Council to extend to any place outside the limits of Cautouu~ents. such Military Cantonment, and in the vicinity of e . such Cantonment, all or any of the Rules and Regulations made for such Cantonment under Clause 7 oc Section XIX, and to make any additional Rules and ncl.gulations under the said Clause, Cantonment within which , such Rules and Regulations shall be in force. .SXVI. Whe , $ ,, A, '. `f` " ,fl<- . $ ; ACT KO. XXII oa 1864. XXVI. When such Itules and Regulations, with any additions1 Rules or Regulations made as above, shall be extended How pernilties iuay be iluposed and onforcedfor ofRules and Regn-[under the last preceding Section to any place out- ] latio~ls in extelided li~nits. side the limits of such Cantonment, it shall be lawful for the Governor General of India in Council to provide in the manner described in Clause 11 of Sectioii XIX for the imposition of penalties for the breach of such Rules and Regulations, and for prescribing the manner in which, and the persons by whom, breaches of such Rules and Regulations shall be inquired into or be cognizable. XXVIT. All Courts and Magistrates shall take judicial notice of all Courts, kc., to take judicial notice of 'Rules and Regulations made under Section XTTII Rules and Regulations made under this A C ~ . or Section XXV. XXVIII. in any Military Cantonment, Rules and Regula-' tions have been made under Section XVII. so Eft'ect of Rules, &c., made under sictioIl XVII of this ~~t in respect of[much of any Regulation or Act as may be held to ] Regulations, &c., previously in force. empower the Cornmancling Officer to make local Regulations regarding matters other than Military shall cease to have any effect `in` such Cantonment, and all local Regulations for any Military Cantonment which may have been made before the promulgation of the Rules and Regulations for such Cantonment made under said Section XVTI, shall cease Proviso. to have any effect. Provided that nothing in this Section shall be held to interfere with anyMilitary authority vested in the said Commanding Officer under. the Articles of War. .XXIX. If within any Military Cantonment, or within any limits around such Cantonment prescribed by the local GovernPellalty for the unauthorized sale of el1iritltous liquor*, kc., tocertahl penon8 ment, any person not amenable to the Articles of in Cantonments. War, or any Sutler, or Camp-Pollower, shall knowingly barter, sell, or supply, or offer or attempt to barter, sell or supply any spirituous liquor, wine, or intoxicating drug to, or for the use of, any European Soldier, or to or for the use of any European or Eurasian being a Camp Follower or a Soldier's wife, without a writtep license from the Officer Commanding or from some person having sufficient autlzority from the Officer Commanding. to grant such license, the person so bartering, selling, or supplying, or offel: ing or attempting to barter, sell, or supply such spirituous liquor, wine, or intoxicating drug as aforesaid, shall be liable on conviction to a fine not exceeding one hundred Rupees, or in the discretion of the Magistrate tol imprisonment i I , ,4CT No. XXII OF 1864. ilxl~risonment, with or without hard labor, for any period not exceeding three months, or in lieu of such fine 01, iinprisonment to the punisl~xnellt of whipping, as prescribed for offences under Section 11 of Act VI of IS64 (to azc.t?zovke the punis?znze?zi: qf whipping in certailz cases), subject to all the lwovisions of that Act. XXX. If ally person convictecl of an offence uncler the last prececling splr,tuous li(lUor, kr. cOllfis- Section shall 1)e agsin convicted of an offence ~vterl in r~rtaiil cnsci. ulidev that Section, ally spirituous liquor, wine, or iiitoxicnting drug within sucli Cantonment or limits, which at the tinie of tllc commission of such subsequent offence shall belong to or be in tlie - possessioil of such person, shall without furthey proof be tleeiiied to be in the possession of such persoil for the purpose of being supplied to EUTOpeal1 Soldiers contrary to the provisions of this Act, and sliall be liable to I)c seized alicl confiscatecl. XXSI. If any Camp Follower or Military Pensioner, or the -\?life oil the Yenalty 011 certain persolis having[m:idow of any Soldier, Camp Follomrer, or Military ] ill theil. possession within Cant,onments shall, ucll Calltonment or lilliits morc tha11 a certain qnantity of spirituous liquor a perl1lit, remove, coiivey, or have, in his or her possession any quantity of spirituous liquor or wine exceeding one seer or quart, without a permit to be signed by tlie Oacer ill Command, or such otlier Officer as may be appointed by him to grant permits under this Act, every such person shall be liable upon conviction to a fine not exceeding fifty Rupees, and for my subsequent offence to a fine not exceeding one hundred Rupees, or to imp~isoniiient with, or mitllout hwcl labor, for any tern1 not exceedhg three calenday months : provided that nothing in this Section colztained shall apply to any liquor brought into a Cantoiime~lt for thc private usc of any Conzmissioned Officer. @ XXXII. If any person subject to tlie provisiolls of this Act sl~all be fo~ulcl Arrest of pwijons co~l~rnitting~ffellce C~mlllittillg ally offellce Cont~al'y to Section XXX zure of spiritnons liquor unde~ Section XXX or XXXI kc. in theiy and seiOr Section XXXI of this Act, ally Police Office possession. may irnnicdiately witliout warrant arrest S U C ~ person, and also seize any spirituous licyuor, wine, or intoxicating drug, together wit11 any vessel containing the same, and any thing used for the lsurpose of removing, conveying, or conc,ealing the sanie, nrhicli may be found in liis possession, and shall thereupon without delay take such person together vith the things so seized, before the Csntonment Xagistrate or othcT Officer having tj~risdiction to punisli the offel~der. SSSITT. `I11` ACT KO. XXII OF 1864, XXXIlI. l n case of a con~iictioil for any offence under BectioG XXX Coi~fiscatioll of intoxicating liquo~; or Section XXXL of this Act, the Cantonment a kc., co~~viution, in rcsl)ect of \yhicll there may be or \vhid: lnay be ill pas&Ja.gistrat.e, or other Oflcer, may acljudge ally sc..ssion of the party convicted. licpor, -miize, or intoxicating drug in respect of .which the party shall -be conr~ictecl, and any other spi.rituous liqu.or, wine, or iiiioxicstlilg drug which shall be i'ound in his possession at -the time of conirnittiiig the offence, and any vessel containing the &me, together wit11 ally thiilg usecl for the 1:w-rpose of conveyiizg, removing, or concealing the same or any part thereof, to be confiscated; and such Nagistrate inay order the whole or ally part or pa,rts of ally fine iniposed under this Act to be paid, as soon as the same shall be realizecl, to the perscn upon \%-hose information such coaviction shall take place, or to the Officer who shall have apprehended the Offender, or seizecl any of the goods;adjudged to be confiscated. I ,, XXXIV. Anything seized under Section SXXlI in respect of which a,11y l~ei'soi1 shall be charged mit,h an offence, may Property seized under this ~ c t may i~t! detained nntil party charged \vit>l[be ] ordered to he detained until the person in nrLose oti'cnce is conr~icted or acquitted. possession .the sanie shall have been seized shall be convicted or acquitted of the oifence charged. I f the persoil shall be acquitted, any tliil-lg so seized shall be restored ; if he shall How to ?)c clisl~ocd of. be conrictec!, such of the tliiligs ouly, if any, as shall not be ad,judged by the Cantonmelit %lagistrate or o t h e ~ 0ilice.r to be coiifiscttted: shall be restored : the rellzainder shall be dealt with as coqfiscated. XXXT'.--The foregoing Sections shall not apply to the sale or supply of of articles or sul,plicd any article for medicinal purposes, by recognized ikir'meilicil~al l~nrposes. Nedical Practitioiiers, Chemists, or Druggists. e XSXVI. Kotl~ing in this Act shall interfere ivith the jurisdiction of or of Co~iirnanding Officers of CanAct not to interfere \\,it11 jurisdictib~l[Courts ~ a r t i a l , ] of COLW~S Martid, kc. to11n1cnt.s OP of Regi~ieats, Corps, or Detachments-: uncler Act XXIX of 1661. (to co~zsolidc~te as~cl anzend the Articles of War foga-the &;o"velvtnzert.t of the ~Vc~tiue 04J;cevs and Soldde~~s `in` V e r Xujesty's fizdiumj Arnzy), or under Act T; of 1863 (to avzcnd Act LYJYILY of 1861), or with theprovisions of m y Statute for pui~ish&g mutiny aiid desertion of OEcers and Soldiers in the service of Ber Najesty ill the Ea'st Indies, and the Cantoizment Magistrate s'ha,ll exercise 110 jurisdiction in respect of such offences, Pro; vided that when a Cantonment lXagistra,te or othel Provi:o. Officer not being the Commanding Officer shall kavt beer i `P` ACT So. SXPI OF 186.4. l~ceiz vested by the local Goverinment with power within the limits of any Military Caiztoiiment to dispose of cases under any R.ule or Regulation made under Section XVII, it shall not be coinpetclit to the ,Coinmamding OEcer to exercise the powers described in Article 84 of the mid Act XXIX of 1861 in respect of any case arising under such ltule or T~~gulation, when such Rules a~lcl 13eg:rlntiol1s have beell passed for such Ca.iztol~~xent uiider Bektio11XVII, a ~ i d penalties shall have been laid down for their infi-ingemelit. The said Rules a:iid. Regulations shall be held to be the R.ulus aiid ILegula.tioiis sficil., tioned in the said Article `S` of the said Act XX.146 of 1.8161, and so iiziclt of tlie said Article as declares the pena.lties which inay he ii~flicted for 11re:ich of cz.iitolzment lX~egulations, shall ceil,se from that time to lmve ally egect in sucli Cniitoi~mellti, SXXVII. All Acts clone previcus!y Go the pa.ssi~ig of this Act by Cantonment Joint Magistrates, or by persons zcting Certaii; Acts done 1,y Cantonment Jragistrates l~efore ille l~assing of tlris under their authority or otherwise in any Military Art confirmed, ,[Caiitoiirnent in pursuance of an order of Govcm- ] ment, or which shall havc been or shall be ratified by the Executive Government, are hereby confirmed and made valid ; aiid all sucli Officers and persons as asforesaid are hereby indeimified and discliarged froin liability in respect of such Acts. XXXVIII. This Act slia.11, save as hereinafter is provided, extend only Place of operntion of this A C ~ . to the Presidency of Port TVilliam in Bengal. XXXIX. The provisioi~:~ of this Act may be extended by order of the Governor-Gelicral of India iq Couiicil to any place Operation of this Act mag be extended by order of' tile Go\,el*llor-Ge- ~ulcler the illlmediate administratio11 of the Governnerd ,in Council to certain other plnces. melit of India, and to any place in India lsut not jii :-i2rifisll Illilia in which Britisl?. Troops a7re cantoned. X.L. The 111-ovlsions of this Act mag be cxtended by order of t,he GovernT~ \vllat tile operation of tlli5 or of Nadras in Council, or by order of the GOTAct may 11s eateuded l ~ y i l ~ c GovernInellts of lIadrns, 130111bay or tile ernor of Roi~bay in Council, and by order of the Pniljxb. Lieutena~zt-Governoy, of the Yunjab to any part of the territories sul~jec t o their respective Go~~ernments. + XLI. The provisioiis of this Act may be extended by order of the TO l)laces the ol)eratio,, of this Lie~tenalit-Goveriior of Bengal, or by orde~ of the Act may he extended ll,e(lt Of Bellgal, or of by the the Qo\rerll.Licutc~laiit-Cove~i~or of the Nusth-Westerii ProvW ~ s t e ~ n Provinces. i~zces, to any part of the. territories under their respective Governments not withiii the Presidency of Fort William in Bengal. XLII. Every respective Governments not withiii the Presidency of Fort William in Bengal. ! I `j` i , . ' . . . .,.. , , , . , , ACT No. S X I I OF 1.864. XTih:L Every order issued uiider Secti0n.s XXSIX, XL `or` XLI sllaIl Pu!,lication of Orders extending tl:e pLll~]iSheCilthe Officia.l Gazette. l o~eration of this Act. . .o `3` 4 .., 4 4 , $ P 3 XLIII. I f in the 'l'crritories not subject to the general Regulations, or Authority to \vl~icll commit~ncnts in any part of India l10t subject b the British shall hc made and appeals preferrecl ii. clntm1nent be ,t sihate in any Government, a,ny person. be invested with the powclisti*ict ill which there powers powers is of of ;my Co,nL per- perers of a C:antonn~.eiit Magistrate within the limits of a C:antonn~.eiit Magistrate within the limits of Session. Authority to \vl~icll commit~ncnts in any part of India l10t subject b the British $ shall hc made and appeals preferrecl P ii. clntm1nent be ,t sihate in any Government, a,ny person. be invested with the pow- .i clisti*ict ill which there powers powers is of of ;my Co,nL per- perers of a C:antonn~.eiit Magistrate within the limits of a C:antonn~.eiit Magistrate within the limits 3 ,< of Session. of any Cantonment situated in any d.istrict orplace - `~j` i i11 which there is no persoll exercising tlze powers of a Court of ~essi'on., tile Govenlor-General of India in Council may direct to what authority the cornlnitments shall be made a,n.d by what authority the appeals from the senten.ces alzd orclers passed by such C:ant.oi~ii~ent Magistrate shall be heard and determined, and such commitments and appeals shall be heard and deteyrnined by such authority in the samc liianller as if the commitments had been made, or the sentelices or orders appealed from had been passed, by a &Isgistrate within tlse jurisdiction of a Court of Session. The Governor-Generd of llldia in Clouncil inay also direct by what authority appeals from the qenteilces ancl orders passed in cases committeci. by such Cantonment RXa,gistrate shall be heard and determined ; and such appeals shall he heard and deternlined by such last mentioned authority in like manner as if the sentences and orders ap. pealed from had bee11 passecl by a Court of Sessions. XLIV. If a Court of Small Causes shall be established uncleiq section VI in ally Military Calztoninellt in the Territories not I n certain cases powers veskd in the Sudder Court under Act XI111 of subject to the general Kegulations, or in any part 1860 to be exercised by such authority as the ~o\.rrnor-~eneral in Coullcil of T1iclia not subject to the British Government, shall deckre. the Governor-General of India in Council shall declare what authority shall exercise the powers vestecl in the Budder Court by tllc provisions of the said Act XLII of 1860. XLV. If any Military &Ca,ntonment in a,ny pwt of India iiot subject to 111 pertain cases for purposes of the Bri.tis11. Goveniment shall be declared by the Ji.egistratioi1 under Act XVI of 1864, the G ~ , . ~ of ~ ~~ ~ ij1 ~d -Governor-General of India in Council to be a Sub- i G~ ~ ~ ~ ~ ~ ~ Couiicil to declare \vliat authorities Lo be dccl,le,d t,o I,e the Registrar District foil the purposes of Registration under and the. I?egistrar Ciencral. Act XVI of 1.864, the Governor-General of India in Council shall declare what aut.horities shall be deemed to be the District Registrar alici tlie Registrar General respectively wit11 reference to such 31 ilitary Calitonlilent 2nd t,he :Deputy Xegistrar thereof.. XTAVT. Yrom XLVI. Fro111 the date on which any Cc~iitonmeiit Nagistrate shall begin ~egulatio,ls and Acts ill~ollsistent to exercise jurisdiction under tliis Act in any Canwith this Act effect in ~ a n t o m n e n t s ill whell t o cease to have Madras, tonment in the Territories subject to the GovernBontbny, mtd the Pu~ijitb. rnellt of Madras, or to the Governmeiit of Boinbay, or to the Lieutenant-Governor of the Punjab, so iilucli of the Regulations and Acts for tlie time. being in force in such part of the said Territories as is - iu any niay il~coiisistent with or repugnant to any of thc provisions of tliis Act sliall cease to have effect in sucli Cantonment. |||||Title.|||Extent of Repeal.| |---|---|---|---|---|---|---|---| ||Bellgal Code.. For the support of the Police|Bellgal Code.. For the support of the Police|Bellgal Code.. For the support of the Police||||| |||||in the Cantoilmeilts and|||| |||||Military Bazars; for de-|||| |||||filling the powers of the|||| |||1 I|1|Civil and Military Officers in the performance of that cluty;and for fixing the|||| |||||local limits of the said|||| |||||Cantoilments and Bazars..|||| |.. RegulationXS.181.0.||||For subjecting persons at- tached to the Military 3:s-|j||j| |||||tablisllments to Martial Lawin certain cases, and for the better government of the retainers aid depend- ants of the Army receiv- ing pltblic pay on fixed Establishments, and of persons seekingaliveli- hood by supplying the Troops in Garrison,Can- tonment, and Statioil Mili- tary Barns, or attached to Bazars of Corps... ...|hood by supplying the tonment, and Statioil Mili- tary Barns, or attached to ...j|} / jJ|So much of SectionXI1 as declares that the persons therein men- tioiled shall be liable tobe tried by a Native Court Martial for the offence stated. Also Sections XIII, XIV, XV, XVI, XVII, XVJII,andXXI. } J| ||||||I||| |Kuml~cr and date of Act.|Kuml~cr and date of Act.||I I|I I Title.|I /|I|Extent ofXepeal.| |||||For ~egulatingthcsnlc|||The wholc Act so fara.:| |||||spiritno~ls liquors,k c . ,|||it rclates totlieBcn-| |||||Cai~torni~rnis. .|||g:tl Presidency.|

Source: India Code