Section 28. A suit or prosecution shall not be entertained

CHAPTER V. `SUPPLEMENTAL` PROVISIONS. `23.` The Governor General in Council may, by enactments Extentrion of notification in the Gazette of India, extend to all to oanton. to oanton. oanton. cantonments or to any cantonment or-to -any part of menb. `aa,` enactments Extentrion all to oanton. to oanton. oanton. menb. any I I I I (Chapter V.-Supplemental Provisions.) - any cantonment any enactment for the time being in force in any municipality in British India, and declare its exknsion to be subject to such restric, tions and modifications, if any, as he 'iinks fit. Mattere 24. The Governor Genera1 in Council may make r e s P e O t h ~ u l e ~ which rules consistent with this Act to provide for all or may be any of the following matters, namely :- made. - ( 1 ) the manner in which, and the authority to which, application for permission to occupy land belonging to the Government in a cantonment is to be made; - (2) the conditions to be annexed to every such permission given in pursuance of such an application ; - `(8)` the preparation and maintenance of registers of immoveable property in cantonments ; - (4) the conatitution of cantonment committees, the functions to be discharged by them, the conduct of, and the aontrol to be exercised over, their proceedings, and the division of duties among the members of such committees ; /- - (5) the functions to be discharged by the commanding officer of a cantonment where a cantonment committee has not been oonstituted, or has in pursuance of an order of the Local Government ceased to exist, or for any reason cannot be convened; - `(6)` the executive duties of 'the Cantonment Magistrate and his position in relation to the commanding officer of the cantonment ; - (7) the purposes to which the cantonment funs may be applied; - (8) the authority on which money may be paid from the cantonment fund; - Q (9) the I `I39` ISl0.J Cantonmenk. (Chapter V.-Suppiemental `Provisions.),` `(9)` tlie investment of any balance of that fund; `(10)` the execution of contracts by, or on behalf of, the cantonment authority ; `(11)` the accounts to be kept by the cantonment authority, and the manner in which those accounts are to be audited and published ; `(12)` the definition and abatement of nuisances for which sufficient provision has not, in the opinion of the Governor General in Council, been made under section 23; `(1q)` ,)he requisitions which may be made on ersons having the control of sewers, $ rains, latrines or other things creating, or likely to create, nuisances, and the mode of enforci~g such requisitions; `(14)` the preventJon of , the overcrowding of buildings and places in a cantonment; `(16)` the cons~uction-and maintenance, to the - satisfaction of the cantonment authority, of .buildings and of boundary-walls, hedges and other fences ; `(16)` the regulation of the practice of agriculture and irrigation in a cantonment, the keeping of lands therein in proper order, and the felling, lo ping and trimming of trees on such lan s; $ `(I` 7') the regulation of encamping-grounds, sarais, markets and slaughter-houses, of traffic on roads and across unenclosed spaces under the control of the cantonment authority, and of processions and public assemblies ; `(18)` &e use and management of burial and burning grounds ; `(19)` the supervision and the regulation of ths use of public wells, tanks, rivers, streams, springs or other sources from which ,water is or may be made available for public Q `[ACT` xv |140|140<br>Can'fonmenEs.<br>[ACTxv|xv| |---|---|---| ||(Chapter ,r.-Supplemental<br>ProvTs.ions.),|| ||public use, and of the lands in the vicinity|public use, and of the lands in the vicinity| ||thereof;|| ||(20)the parts of a cantonment in which persons|the parts of a cantonment in which persons| ||practising any profession or carrying on|| ||any trade, calling or occupation may be|| ||required to reside for the purposs of|| ||praceising the profession or carrying on|| ||the trade, calling or occupation, and the|the trade, calling or occupation, and the| ||conditions, if any, to be observed by such|conditions, if any, to be observed by such| ||persons;|| ||_(21)_the prevention of the spread of infectious|the prevention of the spread of infectious| ||or contagious disorders withsinacanton-|| ||ment, and the appointment and regula-|| ||tion of hospitals or other places within|tion of hospitals or other places within| ||or without a cantonment for the recep-|| ||tion and treatment of persons suffering|tion and treatment of persons suffering| ||from any disease;|| ||(22)the segregation in, or the removal and ex-|the segregation in, or the removal and ex-| ||clusion from, a cantonment, or the de-|clusion from, a cantonment, or the de-| ||struction of animals suffering or supposed|struction of animals suffering or supposed| ||to be suffering from any +nfectious or|| ||contagious disease;|| ||_(23)_the suppression of mendjcancy and of loi-|the suppression of mendjcancy and of loi-| ||tering or importuning for the purpose of|| ||prostibution, and the removal and ex-|| ||clusion fromacantonment of disorderly|cantonment of disorderly| ||persons, of persons who have been con-|persons, of persons who have been con-| ||victed of any offence against Chapkr|victed of any offence against Chapkr| ||XVII of the Indian Penal Code, or sec-mvof1860,<br>tion 156 of the Army Act, or have been04P$46Viot.*|| ||ordered under the Code of Criminal Pro-|ordered under the Code of Criminal Pro-| ||cedure, 1898, to executeabond for their|bond for their<br>ls98.| ||good behaviour, and of persons whom the|good behaviour, and of persons whom the| ||commanding officer deems it expedient to|commanding officer deems it expedient to| ||exclude from the cantonment with or|exclude from the cantonment with or| ||,without assigning any reason for exclud-|,without assigning any reason for exclud-| ||ing them therefrom;|| ||(24)tEe prevention of cruelty to animals and|tEe prevention of cruelty to animals and| ||the care of animals while grazing;|| ||(as)the|the| `lBlO.]` Cantonments. `141` Chapter V.--Suppleme.lljtal Provisions.) (25) the prevention and extinction of fires; (26) the registration of births and deaths; - (27) the appointment by owners of buildings and lands in cantonments, who are absent from cantonments, of persons residing. within or near cantonments, to act as their agents for all or any of the purposes of this Act or any enactment ex4 tended or rule made thereunder; - (28) tho powers of inspection, entry and search which may be exerqised in carrying out any of those purposes, and the cases in which breaches of enactments extended or rules made under this Act are to be cognizable offences ; - (29) the mode in which summonses, notices, requisitions and other documents are to be served on the persons to whom they are - _ , addressed; %. - (SO) the cases, authorities nnd conditions in, to * - and on which executive orders p,assed under this Act or any enactment extended or rule made thereunder may be % appealed from; and - (31) generally, the carrying out of the purposes of this Act. `f25.` (1) The power to make rules under section supplemcnta 24 is subject to the condition of the rules be,ing made provisions respecting after previous publication and of their not taking~ale~. effect until they have been published in Zhe Gazette of India and in such other manner as the Governor General in Council prescribes. - (a) A rule under section 24 may be general for all cantonments in British India or for all cantonments not expressly exceptea from its operation, or `may` be special for the whole or any part of any one or more than one cantonment;, as the Governor Gene, ral in Council directs. '(3) A [ACT xv `142` Cantonments. (Chapter V.-Supplemo~ttal Provisions.) (3) A copy of the rules for the time being 'in , force in a cantonment shall be kept open to inspection free of charge at all reabonable times in the office of the Cantonment Magistrate. (4) In making any rule under clause (12) or any of the following clauses of section 24, the Governor General in Council may direct that a breach of it shall be punishable with fine which may extend to fifty rupees, or with imprisonment for a term which may extend to eight days, and, when the breach is a continuing breach, with fine which, in addition to such fine or imprisonment as aforesaid, may extend to five rupees for every day after the hrst during which the breach continues. Extension of 26. The Local Government may, by notification certain enactments end in the official Gazette, and subject to any conditions rulestoplaces as to compensation or otherwise which it may see fit tonments. beyond can- to impose, extend to any area beyond the cantonment and in the vicinity thereof- - (a) any enactment which, with or--x~it,h~nt restriction or modifioation, has been extended to the cantonment or any part thereof under section 23, or - (b) any rule in force in the cantonment or any. part thereof under clause (12) or any of the following clauses of section 24, as well as any direction there in force under sub-section (4) of section 25; * and the enactment, rule or direction specified in the notification shall, so long as the notification remains uncancelled, apply to that area as if the area were included in the cantonment. `B7.` Where a cantonment is situated within the limits of a Presidency-town, the functions assigned to any authority by this Act or any enactment extended or rule made thereunder shall, sdbject to the rovisions of any enactment for the time being in force, be discharged by such authority as the Local Government may app~int in this behalf. Cantonmentu in Presidency towna !2%. A - 191Q.J Cantonments. (Chapter V .-SupplementaZ V1.-Repeals and Savings.) Provisions. Chapter 28. A suit or prosecution shall not be entertained oantonmenb Proteation of in any Court against any cantonment authority, nu- authority, thority appointed under section 27, cantonment Ma&trek and oom- Magistrate or commanding, medical or other officer manding for anything in good faith done or purporting to be Officer. done in pursuance of powers conferred by or under this Act on such authority, Magistrate or officer, whether the thing done was or was not authorised by the powers so conferred.