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The Cantonments (House-Accommodation) Act, 1923

7. Procedure for taking house on lease.-

(1) If, on the report of such person as aforesaid, the 1[Officer Commanding the station] is satisfied that the house is suitable for occupation by a military officer or a military mess, lie may 2*** by notice -

(a) require the owner to execute a lease of the house to 3[the Central Government] for a specified period which shall not be less than five years;

(b) require the existing occupier, if any, to vacate the house; and

(c) require the owner to execute within such time as may be specified in the notice such repairs as may, in the opinion of the 1[Officer Commanding the station], be necessary for the purpose of putting the house into a state of reasonable repair.

(2) Every notice issued under sub-section (1) shall state the amount of the annual rent proposed as reasonable for the house, calculated on the assumption that the owner will carry out the required repairs, if any. It shall also contain an estimate of the cost of such repairs.

(3) The following shall be deemed to be conditions of every lease executed under sub-Section (1), namely:-

(a) that the house shall, on the expiration of the lease, be redelivered to the owner in a state of reasonable repair, and

(b) that the grounds and the garden, if any, appertaining to the house shall be maintained in the condition in which they are at the time at which the lease is executed: 4

[Provided that nothing in this sub-section shall be deemed to affect the right of 3[the Central Government] to avoid the lease in any such event as is specified in clause (e) of section 108 of the Transfer of Property Act, 1882 (4 of 1882).]

1. Subs. by Act 10 of 1925, s. 6, for "Commanding Officer of the Cantonment"

2. The words "with the previous sanction of the Officer Commanding the District" were rep. by Act 9 of 1930, s. 4.

3. Subs. by the A.O. 1937, for "the Government.".

4. Ins. by Act 9 of 1930, s. 4.

5. Rep. by s. 39 and the Schedule of this Act.

Cantonments (House Accommodation) Act, 1923 Back

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