Cantonment Laws

June 1, 2016 | Author: Adnan Jabbar | Category: N/A
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By Muhammad Abdul Basit Assisted By Muhammad Younas Mehboob Chaudhry Advocate High Court, Ex. Legal Advisor Cantonment Board Sialkot (1995-April 2009)

FEDERAL LAW HOUSE RAWALPINDI: Mian Plaza, Opposite Rawal Road, Murree Road, Near Chandni Chowk, Rawalpindi, Pakistan. Tel: 4843011 - 4571229 Mobile: 0333-5477380 LAHORE:

7, Turner Road, Near High Court, Lahore, Pakistan. Tel: 37363665 Mobile: 0322-4843011

E-mail: [email protected]

Website: www.federallawhouse.com

All rights are reserved with the Publisher. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form whatsoever or by any means, electronic, magnetic tape, mechanical, photocopying or otherwise, without prior permission in writing from the Publisher. Any person who infringes the above in relation to this publication may be liable to criminal prosecution and civil claims for damages. Publishers

:

Federal Law House

Composed by:

:

Muhammad Mazhar Iqbal Phone: 0333-5413162

Publishing Date

:

January, 2010.

ISBN

:

978-969-557-057-9

Price

:

Rs.1600/-

Printers

:

HAJI HANIF & SONS Printers, Lahore.

DISCLAIMER Efforts have been made to avoid errors and omissions in this book with due care and diligence. However, errors or omissions may creep in while editing or processing for computerization and printing. Any such mistake, error, discrepancy or omission may be brought to the notice of Author, Editor and Compiler or the Publisher which shall be rectified in the next edition. Author, Editor and Compiler, Publisher, Printer or sellers are not responsible, directly or indirectly, for any consequences, damage or loss of action, consequential or incidental, to anyone, of any kind, in any manner, resulting therefrom the use of legal texts or case law as those are edited and compiled in good faith keeping utmost care and caution to make them error-free. However, in case of any confusion or difference, original legal texts may be consulted and used. It is further pointed out that a few legal texts have been reproduced from such sources which are not accessible easily and even after making the best efforts it was not possible to have access to latest amended texts of such documents and editors and compilers or the publisher is not responsible about the present status of those documents and are not accepting any legal responsibility about such documents as these are included in this book for the information of users in good faith and the users may resort to relevant authorities for their latest status and original texts.

iii

Contents

C O N T E N T S S. No.

Description

Page No.

PART-I 1

CANTONMENTS LAWS IN PAKISTAN 1.

The Cantonments Act, 1924.

2.

The Cantonments (Requisitioning of Immoveable Property) Ordinance, 1948.

235

The Rules for the Determination Requisitioned Property.

240

3.

3

of

Compensation

for

4.

The Cantonments (House-Accommodation) Act, 1923.

241

5.

The Pakistan Cantonment Property Rules, 1957.

259

iv 6.

The Cantonments Law The Cantonments (Urban Immovable Entertainments Duty) Order, 1979.

Property

Tax

and 271

7.

The Cantonments Pure Food Act, 1966.

275

8.

The Cantonments Pure Food Rules, 1967.

298

9.

The Pakistan Cantonments Cinematograph Rules, 1985.

375

10.

The Cantonment Assessment (Prescription of Form) Rules, 1961.

396

11.

The Cantonments Rent Restriction Act, 1963.

398

12.

The Cantonments Electoral (Preparation, Revision and Publication of Electoral Rolls) (Elections and Election Petitions) Rules, 1952.

447

13.

The Cantonments (Elections and Election Petitions) Rules, 1995.

503

14.

The Cantonment Local Government (Elections) Ordinance, 2002.

563

15.

The Cantonment Local Government Elections Rules, 2002.

586

16.

The Pakistan Cantonment Servants Rules, 1954.

660

17.

The Pakistan Cantonment Servants (Contributory Provident Fund) Rules, 1954.

702

The Pakistan Military Lands and Cantonments Service (Class-I) Composition and Cadre Rules 1955.

717

The Pakistan Military Lands and Cantonments Service (Class-I) Probation, Training and Seniority Rules, 1956.

719

20.

The Pakistan Cantonments Account Code, 1955.

739

21.

The Cantonment Boards Budget Rules, 1966.

889

22.

The Cantonments Ordinance, 2002.

905

18. 19.

APPENDIXES I.

Exemptions in payment of house or property tax— S. R. O. 156(I)/2004. 1075

II.

Exemption from property tax (5 marlas). S.R.O.1187(I)/2007.

III.

Amendments in the Cantonment Land Administration Rules, 1937. S.R.O. 758(I)/2009. 1078

1077

v

Contents

PART-II MISCELLANEOUS LETTERS, CIRCULARS, INSTRUCTIONS, POLICIES, ETC. RELATING TO CANTONMENTS MATTERS.

1079

C O N T E N T S *

Date

(SUBJECT-WISE)

No.

Subject

Page No.

APPLICATION FOR ERECTION & RE-ERECTION OF BUILDING 1.

16 May, 1951

2.

30th Apr, 1963

3.

29th Jun, 1994

4.

5. 6.

*

11th Nov, 1957

17th Sep, 1987 8th Mar, 1988

7.

22nd Nov, 1993

8.

7th Feb, 1994

Application for erection or reerection of building in cantonment Ruling. Buildings applications – disposal 34/12/L/D5(C)/63 of references under Section 181(3) of the Cantonment Act, 1924 Applications for transfer of sub58 division, extension, and/ or erection/ re-erection of buildings, etc. ASSESSMENT OF COMPENSATION Assessment of compensation for F.16(113)/57.P.II the property acquired in cantonments by the Ministry of Defence CANTT CODE LEASES 75/264/Lands/ML&C/87 Cantt Code Leases 75/244/Lands/ML&C/87 Transfer of properties held on old grant and cantt code leases COMMERCIAL BUILDINGS 40/33/Budget/ML&C/93 Planning and construction of commercial buildings/ shopping centres 75/853/Lands/ML&C/92 Declaration of commercial zones/ areas, determination of leases on serious violations of lease agreements and exercising of strict control over building activities by the Boards in terms of Cantonment Act, 1924 55332/119/L.C.I

See also contents (Date-wise) at the end.

1112

1127

1198

1120 1153 1158

1192

1193

vi

The Cantonments Law CONSTRUCTION OF ADDITIONAL BUILDING

9.

10. 11. 12. 13.

5th July 1988

7th Sep, 1988 29th Jan, 1991 18th Oct, 1993 2nd Jul, 1996

18/100/Lands/ML&C/70

72/81/Lands/ML&C/88 72/81/Lands/ML&C/88 72/81/Lands/ ML&C/85 72/81/Lands/ML&C/85

Construction of additional buildings in the vacant compound of bungalows

1161

Construction of buildings – duplexes

additional 1161

Construction of buildings; duplexes

additional

Construction of buildings – duplexes

additional

1177

Construction of additional building – Duplexes subdivisions thereof and payment of development charge on the subdivision portion

1190

1209

CONSTRUCTION OF HOTELS/ RESTAURANTS 14.

5th Apr, 1994

30/36/Lands/ML&C/94

Construction of hotels/ restaurants in cantonments

1194

CONSTRUCTION PLANS 15. 16.

28th Nov, 1988 22nd Aug, 1990

40/6/AD(B&G)/ML&C/ 87

Construction plans of building in cantonments

1164

74/241/Lands/ML&C/90

Approval of building plans in respect of plots held in Schedule IX-A of the CLA Rules 1937

1173

CONVERSION OF OLD GRANT & CANTT CODE LEASES INTO REGULAR LEASES 17.

18.

19.

20.

18th Jul, 1996

18th Dec, 1996

28th Feb, 1998

28th Apr, 1998

18/121/Lands/ML&C/96

50/59/Lands/ML&C/96

50/59/Lands/ML&C/96

50/59/Lands/ML&C/96

Policy for conversion of properties held on old grant/ Cantt code leases into regular leases

1216

Conversion of old grants/ code leases into regular leases in Schedule IX-C

1218

Conversion of old grant & cantt code leases in regular leases in Schedule IX-C

1227

Policy for conversion of properties held on old grant/ cantt. Code leases into regular leases

1227

Contents 21.

22.

23.

7th June 2003

18/1221/Lands/ML&C/2 003

30th Jan, 2004

75/258/Lands/ML&C/87

31st Dec, 2007

3/6/D-12(ML&C)/972007

vii

Policy for conversion of properties held on old grant/ cantonment code leases into regular leases-compulsory parking area to be left for old grant/ cantonment code leases after conversion into regular lease in case of sub-division of the plot, levy of development charges etc

1243

Policy for conversion of properties held on old grant/ cantt code leases into regular leases under CLA Rules, 1937-request for extension in time limit for completion of lease formalities

1248

Revised policy of conversion of properties held on old grant/ cantonment code leases into regular leases under the CLA Rules 1937 and conversion/ change of purpose of regular leases into fresh leases

1253

DEFENCE OFFICERS HOUSING SCHEME 24.

25.

26.

27.

28.

02nd Jan, 1978

22nd Aug, 1979

15th Oct, 1979

15th Dec, 1982

03rd Apr, 1984

18/201/L/AD(C)/ML&C /72

18/116/TP/L/ML&C/66

18/116/L/TP/ML&C/66

18/14/L/AD(A)/ML&C/ 82

118/12/TP/ML&C/84

Physical sub-division of plots situated in Defence Officers Housing Scheme by the allottee officers/ lessees

1134

Grant of extension to plots allotted in Defence Officers Housing Schemes in cantonments

1138

Grant of extension to plots allotted in Defence Officers Housing Schemes in cantonments

1139

Chalking out of commercial blocks in Defence Officers Housing Schemes

1145

Bazar areas/ shoping centres in Defence Officers Housing Schemes in Pakistan

1146

viii 29.

30.

31.

32.

33.

34.

35.

36.

37.

38.

39.

The Cantonments Law 12th Jun, 1986

26th Oct, 1986

14th May, 1987

03rd Nov, 1987

20th Oct, 1988

3rd June 1989

3rd Feb, 1991

22nd May, 1991

24th May, 1993

6th Jun, 1993

4th Nov, 1993

75/38/Lands/ML&C/86

75/38/LANDS/ML&C/86

75/38/LANDS/ML&C/86

75/38/Lands/ML&C/86

44/49/Lands/ML&C/88

72/102/Lands/ML&C/89 -G 27/113/Lands/ML&C/90 -G

41/33/Lands/ML&C/89

5(36)/D-12(ML&C)/92

72/95/Lands/ML&C/89

72/102/Lands/ML&C/89 -G

Transfer of leasehold rights in Sch IX-A of CLA Rules 1937 under the Defence Officers’ Housing Schemes and transfer of property by registered gift under the Mohammadan Law

1148

Transfer of leasehold rights in Schedule IX-A of the CLA Rules 1937 under the Defence Officers Housing Schemes and transfer of property by registered gift under the Mohammadan Law

1150

Transfer of leasehold rights in schedule IX-A of the CLA Rules 1937 under the Defence Officers Housing Schemes and transfer of property by registered gift under the Mohammadan Law

1152

Execution of leases in Schedule IX-A under the Defence Officers’ Housing Schemes

1154

Sub-division/ transfer of plots in Defence Officers Housing Schemes in cantonments

1162

Sub-division/ transfer of plots in Defence Officers Housing Schemes in Cantonments

1169

Grant of extension to plots/ sites held in Defence Officers Housing Scheme and outside housing schemes including bazar areas

1178

Re-classification of land amendment in G.L.R. In Defence Officers Housing Schemes

1180

Construction of residential houses in the Defence Officers Housing Schemes in cantonment areas

1187

Construction of residential houses in the Defence Officers Housing Schemes in cantonment areas.

1188

Sub-division/ transfer & extension of plots etc in Defence Officers Housing Schemes in cantts

1191

ix

Contents 40.

41.

13th Nov, 1996

30th Jul, 2002

27/113/Lands/ML&C/90 -G

118/53/TP/ML&C/77

Grant of extension to plots/ sites held in Defence Officers Housing Scheme and outside housing schemes including bazar areas

1218

Development charges: Defence Officers Housing Schemes in Cantonments

1240

DISPOSAL OF PLOTS THROUGH AUCTION 42. 43. 44.

18th Oct, 1994 8th Jul, 1996 14th May, 1998

72/101/Lands/ML&C/89 -G

Disposal of plots through open public auction

1199

55/11/Lands/ML&C/96G

Disposal of plots through auction by the Cantonments Board

1210

55/11/Lands/ML&C/96G

Disposal of plots through auction by the Cantonment Board

1228

EVACUEE PROPERTIES IN CANTTS 45.

46.

47. 48.

49.

50.

51.

52.

11th Feb, 1953

09th Mar, 1955

29th Aug, 1959 16th Jan, 1960

25th Apr, 1960

31st May, 1962

17th Jul, 1993

17th Aug, 1998

F.16/(62)/52-P

6(20)/54-RI

40/12/L/D-5/58 40/18/G/D.5(c)/59

40/18/L/D.5(C)/59

1059-Pol-Reh(73)/62

18/121/Lands/ML&C/65

11/165/Lands/ML&C/97

Evacuee cantonments

properties

in 1115

Allotment of evacuee property in cantonment areas

1119

Final disposal of evacuee property in cantonments

1121

Transfer of evacuee properties to displaced persons, etc. Mutation of entries in GLR

1123

Renewal of leases of land under the erstwhile evacuee properties in cantonment areas

1124

Renewal of leases of land held by evacuees in cantonments and other civil areas

1125

Evacuee properties held on old grant/ code leases/ leases under CLA Rules 1925 and 1937 in cantonments

1189

Properties held on old grant/ code leases by Evacuee Trust Property Board, Government of Pakistan

1230

x

The Cantonments Law HOUSE TAX

53.

13th Feb, 1982

40/2/C/ML&C/79

Annual assessment of properties for the purposes of house tax

1142

LEASE OF CANTT FUND BUILDINGS 54.

08th Jul, 1950

18/4/L/D-5/49/3287

Lease of buildings

cantonment

fund 1107

LEVY OF DEVELOPMENT CHARGES 55.

31st Jan, 1989

72/95/Lands/ML&C/89G

Levy of development charges in respect of plots auctioned by the Cantt Boards

1167

MANAGEMENT & RECLASSIFICATION OF MILITARY LANDS 56.

57.

22nd Apr, 1950

29th Mar, 1968

15/20/L/D.5/50/1741

9/10/L/S.O.(A)/67/974

Responsibility for the initiation and submission of proposals regarding management and reclassification of military lands

1105

Re-classification of lands covered by the housing schemes in cantonment

1131

MUTATIONS 58.

59.

60. 61. 62.

18th Dec, 1952

30th May, 1997

11th Sep, 1999 5th Oct, 1999 28th Jun, 2003

Registration of mutations under Rule 10 of the Cantonment Land Administration Rules, 1937

1114

Mutations and transfers of rights/ interests – powers of MEOs under Rule 10 of CLA Rules, 1937

1220

Mutation/ transfer of gifted properties to the legal heirs

1233

33/4/110/Lands/Circular/ Don/60

Mutation/ transfer of gifted properties to the legal heirs

1235

4 /48 /L E&H /ML &C/ 2003 /G en

Mutation of lands acquired/ transferred to Ministry of Defence for defence purposes and completion of proceedings under Rule 10 of the Acquisition Custody Relinquishment Rules, 1944

1244

21/1/L/D-5/52/6238

29/6/Lands/ML&C/75

20/575/Lands/ML&C/99

POSSESSION OF LAND ON EXPIRY OF LEASE 63.

24th Feb, 1951

50497/362/L.C.1

Taking possession of land on expiry of lease

1112

Contents

xi

REPAIR NOTICE 64.

04th Mar, 1980

18/162/L/AD(A)/ML&C /73

Issue of repair notices u/s 126 of Cantts Act 1924 in respect of sites held on old grant

1139

SUB-DIVISION 65.

66.

67.

68.

69.

26th Aug, 1982

14th Oct, 1990

24th Dec, 1992

30th Apr, 1994

29th Jun, 1994

18/100/L/AD/A/ML&C/ 70

72/45/Lands/ML&C/87

72/9/Lands/ML&C/86-G

37/53/Lands/ML&C/80

58

Sub-division of buildings constructed on sites held on lease in Sch. VIII of the CLA Rules 1937

1144

Guidelines for lease/ sub division of land for commercial/ residential purposes held under old grant terms and leases granted under Cantt Code of 1899 and 1912 and CLA Rules 1925/ 1937

1175

Issue of NOC for sale/ transfer sub-division and commercialization of properties held under old grant terms/ cantonment code leases

1183

Sub-division of sites held on old grant/ code leases and leases under C.L.A. Rules 1925/ 1937

1196

Applications for transfer of subdivision, extension, and/ or erection/ re-erection of buildings, etc.

1198

TAX ON TRANSFER OF IMMOVABLE PROPERTY 70.

71.

72.

16th Apr, 1983

11th Jul, 2000

16th Feb, 2004

123/27/C/ML&C/73

37/14/Lands/ML&C/83

64/OSC/ML&C/Walton/ 03

Imposition of tax on transfer of immovable property (lands and buildings)

1146

Imposition of tax on transfer of immovable property (lands and buildings) – transfer to legal heirs

1237

Levy of T.I.P. 1251

TRANSFER OF PLOTS UNDER HOUSING SCHEME 73.

24th Aug, 1965

18/359/L/D5(A)/64

Transfer of plots allotted under housing schemes to natural heirs

1129

xii

The Cantonments Law TRANSFER OF PROPERTIES

74.

13th Feb, 1993

72/80/Lands/ML&C/88

Transfer of properties to natural heirs

1186

TRANSFER OF PROPERTIES BY GIFT 75.

76.

77.

78. 79. 80.

81. 82. 83.

84. 85.

04th Jul, 1987

1st Feb, 1988

17th Feb, 1988

23rd Jun, 1990 14th Jun, 1993 14th Mar, 1995

12th Mar, 1995 22nd Jan, 1998 9th Jan, 1999

11th Sep, 1999 5th Oct, 1999

75/164/Lands/ML&C/87

75/164/Lands/ ML&C/87 75/326/Lands/ML&C/87

72/80/Lands/ML&C/88 72/80/Lands/ML&C/91 72/80/Lands/ML&C/88

72/80/Lands/ML&C/88 72/80/Lands/ML&C/88 72/80/Lands/ML&C/88

20/575/Lands/ML&C/99 33/4/110/Lands/Circular/ Don/60

Transfer of properties by gift under Mohammadan Law by attorneys

1152

Transfer of properties by gift under Mohammadan Law by attorneys

1156

Transfer of properties by gift under Mohammadan Law by attorneys

1157

Transfer of properties by way of gift by the attorneys

1173

Transfer of properties by way of gift by the attornies

1188

Transfer of properties by gift under Mohammadan Law by attorneys

1203

Transfer of property by gift under Mohammadan Laws

1202

Transfer of immovable properties by gift under Islamic Law

1225

Transfer of immovable properties by way of oral gift under Muhammadan Law

1230

Mutation/ transfer of gifted properties to the legal heirs

1233

Mutation/ transfer of gifted properties to the legal heirs

1235

UN-AUTHORISED CONSTRUCTION 86. 87.

29th Jan, 1951 24th Apr, 1967

55332/118/L.C.I 2/12/L/D5/A/63/800

Composition of unauthorised constructions in cantts

1109

Unauthorised construction/ addition & alterations under section 184/ 185 of the Cantonments Act, 1924

1129

xiii

Contents 88.

89.

90.

91. 92.

93.

6th Nov, 1994

1st Feb, 1996

19th May, 1996

16th Jul, 1996 1st Jul, 1996

5th Aug, 1999

75/853/Lands/92/4970/D -12/ML&C/94 75/853/Lands/ML&C/94

72/133/Lands/ML&C/92

75/853/Lands/ML&C/92 3619/28/127/Qtg-1A

75/853/Lands/ML&C/92

Un-authorised constructions; change of purpose etc. In cantonment areas

1200

Unauthorised constructions: change of purpose etc. in cantonment areas

1206

Unauthorised construction on military land by the armed forcesinformation required by audit

1207

Composition construction.

1211

of

un-authorised

Minutes of the meeting held in QMG’s conference room at 1000 hrs on 9 June 1996 on compounding of unauthorised construction in cantts

1208

Unauthorised constructions and illegal change of purpose of residential properties into commercial properties

1232

MISCELLANEOUS 94. 95. 96.

97. 98.

99. 100.

28 Feb, 1952 04th Mar, 1972 30th Jun, 1977

24th Jul, 1978 22nd Aug, 1979

21st Oct, 1981 28th Feb, 1982

26/81/G/D-5/LCH/939-L

Interpretation of Section 126 of Cantonments Act, 1924

1113

16/7/L/AD(C)/ML&C/72500-L

Amendment of GLR in respect of housing scheme

1131

18/100/L/AD(A)/ML&C /70/2362/D-12/ML&C

Construction of additional buildings in the vacant compounds of bungalows

1132

Disposal of Govt/ Cantt Board property

1135

Consultation with local military authorities in disposal of land cases

1136

Defence lands – Jurisdiction of revenue courts

1140

Lease of land undereath/ appurtenant to houses/ flats building for disabled personnel/ widows of shaheeds

1143

34/3/L/AD(A)/ML&C/75 8/2/L/AD(A)/ML&C/70

15/1/L/AD(A)/ML&C/81 20/17/L/AD(A)/ML&C/ 79/786/D-12/ML&C

xiv 101.

102.

The Cantonments Law 26th Aug, 1982

09th Sep, 1984

18/100/L/AD/A/ML&C/ 70

18/153/84-Poll.E(II)

Sub-division of buildings constructed on sites held on lease in Sch. VIII of the CLA Rules 1937

1144

Acquisition of land or landed property in Pakistan by foreigner.

1147

103.

28th Apr, 1987

73/22/Lands/ML&C/87

Grant of leases for Commercial-II

1150

104.

10th Dec, 1987

1/123/LH/ML&C/86/Rwp

Signing/ verifying of plaints/ writers statement in suits by or against the Federal Govt. in the Ministry of Defence and signing/ execution of power of attorney (vakalat namas) by DML&C/MEOs/ Addl. MEOs

1152

Extension in areas inside and outside bazar areas

1159

72/45/Lands/ML&C/87G

Conversion of residential tenures to commercial purposes

1159

72/93/Lands/ML&C/88G

Transfer of leasehold right under CLA Rules 1925/ 1937 and the sites held on old grants/ Cantt Codes of 1899 & 1912 by the general attorneys/ special attorneys

1165

Registration of court decree/ compromise decree followed by an award

1167

72/90/Lands/ML&C/88G

Commercial zones in cantonment area

1168

72/45/Lands/87/3035/D12/ML&C

Guidelines for leases/ sub division of land for commercial purposes held under old grants and leases granted under Cantt Code of 1899 and 1912 and CLA Rules 1925/1937

1170

Condonation of time limit on transfer of lease hold rights under CLA Rules 1925/ 1937

1172

Cantonment Boards: works/ budget estimates

1174

105. 106. 107.

108.

109. 110.

111.

112.

2nd May, 1988 13th Jun, 1988 21st Jan, 1989

8th Feb, 1989

24th May, 1989 1st Aug, 1989

30th Jan, 1990

30th Sep, 1990

No. 72/

/ML&C/

72/96/Lands/ML&C/89G

72/92/Lands/ML&C/88G 11/Genl/OSD/ML&C/83 /VOL-13

original

xv

Contents 113.

28th Nov, 1990

43/81/Lands/ML&C/88

Clearance of buildings plans of sites held on Schedule IX-A of the CLA Rules 1937 for residential purposes

1173

114.

24th Feb, 1991

72/118/Lands/ML&C/91 -G

Control over buildings etc

115.

17th Jun, 1991

72/45/Lands/ML&C/87

Guidelines for lease/ sub-division of land for commercial purposes held under old grant terms/ Cantonment Code Leases of 1899/ 1912 & CLA Rules 1925/ 1937

1182

1180

116.

26th Dec, 1992

75/892/Lands/ML&C/92

Auction and acceptance of counter bids/ offers

1184

117.

12th Jan, 1994

51/787/Lands/ML&C/91

Mortgage of properties held on Schedule VIII of the CLA Rules 1937 – for commercial loans

1193

118.

9th Jun, 1994

72/8/LANDS/ML&C/86 -G

Un-authorised use of A-1 land at Kohat Cantonment

1197

119.

31st Oct, 1995

5548/213/12/Qtg-1A

Restoration of powers of Competent Auth (COAS) Cantt Act, 1924

1203 1207

120.

24th Apr, 1996

51/126/Lands/ML&C/95

Assessment of cantonments

properties

in

121.

18th Jul, 1996

18/121/Lands/ML&C/96

Grant of lease for educational/ hospital/ religious purposes in respect of property no. Survey no. , Cantonment

1216

122.

28th May, 1997

72/9/Lands/ML&C/86-G

Cantt affairs

1219

123.

9th Oct, 1997

18/121/Lands/ML&C/96

Policy for conversion of properties held on old grant/ cantt code leases into regular leases

1224

124.

25th Oct, 1997

13/11/Lands/ML&C/97

Unauthorised use of A-1 land

1224

125.

12th Feb 1998

20/210/Lands/ML&C/96

Approval of composition fee by Regional DML&C in case of site outside bazar area

1226

Space for car parking in multi storeyed buildings/ commercial plazas

1229

Approval of lay-out plans of private housing schemes in Cantonments

1233

126.

127.

13th Jun, 1998

18th Sep, 1999

11/Genl/OSD/ML&C/98

55/45/Lands/ML&C/99G

xvi 128.

129.

130.

The Cantonments Law 16th Oct, 1999

10th Jul, 2000

19th Aug, 2000

50/87/Lands/ML&C/98

51/558/Lands/ML&C/ 2000

Ruling/Land/RD/LR/121

Sub-lease of sites under Cantonments Land Administration Rules, 1937

1235

Sites held on leases in Sch. IX-A of the CLA Rules 1937 for residential purposes clearance of building plans proposing “Basement”

1236

Sites held on leases in Sch. IX-A of the CLA Rules 1937 for “residential” purposes ----Clearance of building plans proposing “Basements”

1238

131.

21st Jul, 2001

31/32/Lands/ML&C/89PT

Execution of leases directly in favour of nominees

1239

132.

21st Feb, 2002

42/430/Lands/ML&C/ 2002

Assessment of properties within notified limits of cantonment areas

1234

20/749/Lands/ML&C/ 2000

Rawalpindi Cantt: Mutation of plot/ bungalow No. 33 Westridge Housing Scheme No. II

1241

75/Lands/ML&C/92-PT

Clearance of building plans of sites held on Schedule IX-A of the CLA Rules 1937 for residential purposes

1242

Mortgaging of lease hold rights alongwith super structure standing thereon against house building/ commercial loans: to the lessees holding lands/ buildings under different tenures in Cantonments

1247

Grant of extension of areas to plots/ sites inside and outside bazar area

1249

133.

134.

135.

136.

30th Dec, 2002

17th Apr, 2003

23rd Dec, 2003

31st Jan, 2004

75/594/Lands/ML&C/89

118/56/TP/ML&C/2002

137.

9th Feb, 2004

51/1063/Lands/ML&C/ 2004

Transfer of lease hold rights by way sale

1249

138.

20th Feb, 2004

75/594/Lands/ML&C/89

Mortgaging of lease hold rights alongwith super structure standing thereon against house building/ commercial loans; to the lessees holding lands/ buildings under different tenures in Cantonments

1252

xvii

Contents

PART-II MISCELLANEOUS LETTERS, CIRCULARS, INSTRUCTIONS, POLICIES, ETC. RELATING TO CANTONMENTS MATTERS.

1079

C O N T E N T S (DATE-WISE)

1.

2. 3. 4. 5. 6. 7.

8.

9.

10.

11.

Date

No.

Subject

22nd Apr, 1950

15/20/L/D.5/50/1741

Responsibility for the initiation and submission of proposals regarding management and reclassification of military lands

1105

Lease of buildings

1107

08th Jul, 1950 29th Jan, 1951 24th Feb, 1951 16 May, 1951 28 Feb, 1952 18th Dec, 1952

11th Feb, 1953

09th Mar, 1955

11th Nov, 1957

29th Aug, 1959

18/4/L/D-5/49/3287 55332/118/L.C.I 50497/362/L.C.1 55332/119/L.C.I 26/81/G/D-5/LCH/939-L 21/1/L/D-5/52/6238

F.16/(62)/52-P

6(20)/54-RI

F.16(113)/57.P.II

40/12/L/D-5/58

Page No.

cantonment

fund

Composition of unauthorised constructions in cantts

1109

Taking possession of land on expiry of lease

1112

Application for erection or reerection of building in cantonment

1112

Interpretation of Section 126 of Cantonments Act, 1924

1113

Registration of mutations under Rule 10 of the Cantonment Land Administration Rules, 1937

1114

Evacuee cantonments

1115

properties

in

Allotment of evacuee property in cantonment areas

1119

Assessment of compensation for the property acquired in cantonments by the Ministry of Defence

1120

Final disposal of evacuee property in cantonments

1121

xviii 12.

13.

14.

15.

16. 17.

18.

19. 20.

21.

22. 23.

The Cantonments Law 16th Jan, 1960

25th Apr, 1960

31st May, 1962

30th Apr, 1963

24th Aug, 1965 24th Apr, 1967

29th Mar, 1968

04th Mar, 1972 30th Jun, 1977

02nd Jan, 1978

24th Jul, 1978 22nd Aug, 1979

40/18/G/D.5(c)/59

Transfer of evacuee properties to displaced persons, etc. Mutation of entries in GLR

1123

Renewal of leases of land under the erstwhile evacuee properties in cantonment areas

1124

Renewal of leases of land held by evacuees in cantonments and other civil areas

1125

Buildings applications – disposal of references under Section 181(3) of the Cantonment Act, 1924

1127

Transfer of plots allotted under housing schemes to natural heirs

1129

Unauthorised construction/ addition & alterations under section 184/ 185 of the Cantonments Act, 1924

1129

Re-classification of lands covered by the housing schemes in cantonment

1131

16/7/L/AD(C)/ML&C/72500-L

Amendment of GLR in respect of housing scheme

1131

18/100/L/AD(A)/ML&C /70/2362/D-12/ML&C

Construction of additional buildings in the vacant compounds of bungalows

1132

Physical sub-division of plots situated in Defence Officers Housing Scheme by the allottee officers/ lessees

1134

Disposal of Govt/ Cantt Board property

1135

Consultation with local military authorities in disposal of land cases

1136

40/18/L/D.5(C)/59

1059-Pol-Reh(73)/62

Ruling. 34/12/L/D5(C)/63 18/359/L/D5(A)/64 2/12/L/D5/A/63/800

9/10/L/S.O.(A)/67/974

18/201/L/AD(C)/ML&C /72

34/3/L/AD(A)/ML&C/75 8/2/L/AD(A)/ML&C/70

Contents 24.

25.

26.

27. 28. 29.

30.

31.

32.

33.

34. 35.

22nd Aug, 1979

15th Oct, 1979

04th Mar, 1980

21st Oct, 1981 13th Feb, 1982 28th Feb, 1982

26th Aug, 1982

15th Dec, 1982

16th Apr, 1983

03rd Apr, 1984

09th Sep, 1984 12th Jun, 1986

18/116/TP/L/ML&C/66

18/116/L/TP/ML&C/66

18/162/L/AD(A)/ML&C /73 15/1/L/AD(A)/ML&C/81 40/2/C/ML&C/79 20/17/L/AD(A)/ML&C/ 79/786/D-12/ML&C

18/100/L/AD/A/ML&C/ 70

18/14/L/AD(A)/ML&C/ 82 123/27/C/ML&C/73

118/12/TP/ML&C/84

18/153/84-Poll.E(II) 75/38/Lands/ML&C/86

xix

Grant of extension to plots allotted in Defence Officers Housing Schemes in cantonments

1138

Grant of extension to plots allotted in Defence Officers Housing Schemes in cantonments

1139

Issue of repair notices u/s 126 of Cantts Act 1924 in respect of sites held on old grant

1139

Defence lands – Jurisdiction of revenue courts

1140

Annual assessment of properties for the purposes of house tax

1142

Lease of land undereath/ appurtenant to houses/ flats building for disabled personnel/ widows of shaheeds

1143

Sub-division of buildings constructed on sites held on lease in Sch. VIII of the CLA Rules 1937

1144

Chalking out of commercial blocks in Defence Officers Housing Schemes

1145

Imposition of tax on transfer of immovable property (lands and buildings)

1146

Bazar areas/ shoping centres in Defence Officers Housing Schemes in Pakistan

1146

Acquisition of land or landed property in Pakistan by foreigner.

1147

Transfer of leasehold rights in Sch IX-A of CLA Rules 1937 under the Defence Officers’ Housing Schemes and transfer of property by registered gift under the Mohammadan Law

1148

xx 36.

The Cantonments Law 26th Oct, 1986

75/38/LANDS/ML&C/86

Transfer of leasehold rights in Schedule IX-A of the CLA Rules 1937 under the Defence Officers Housing Schemes and transfer of property by registered gift under the Mohammadan Law

1150

37.

28th Apr, 1987

73/22/Lands/ML&C/87

Grant of leases for Commercial-II

1150

38.

14th May, 1987

75/38/LANDS/ML&C/86

Transfer of leasehold rights in schedule IX-A of the CLA Rules 1937 under the Defence Officers Housing Schemes and transfer of property by registered gift under the Mohammadan Law

1152

Transfer of properties by gift under Mohammadan Law by attorneys

1152

39.

04th Jul, 1987

75/164/Lands/ML&C/87

40.

17th Sep, 1987

75/264/Lands/ML&C/87

Cantt Code Leases

1153

41.

03rd Nov, 1987

75/38/Lands/ML&C/86

Execution of leases in Schedule IX-A under the Defence Officers’ Housing Schemes

1154

Signing/ verifying of plaints/ writers statement in suits by or against the Federal Govt. in the Ministry of Defence and signing/ execution of power of attorney (vakalat namas) by DML&C/MEOs/ Addl. MEOs

1155

Transfer of properties by gift under Mohammadan Law by attorneys

1156

Transfer of properties by gift under Mohammadan Law by attorneys

1157

Transfer of properties held on old grant and cantt code leases

1158

Extension in areas inside and outside bazar areas

1159

42.

43.

44.

45. 46.

10th Dec, 1987

1st Feb, 1988

17th Feb, 1988

8th Mar, 1988 2nd May, 1988

1/123/LH/ML&C/86/Rwp

75/164/Lands/ ML&C/87 75/326/Lands/ML&C/87

75/244/Lands/ML&C/87 No. 72/

/ML&C/

xxi

Contents 47. 48.

49. 50.

51. 52.

53.

54.

55. 56.

57.

58.

13th Jun, 1988 5th July 1988

7th Sep, 1988 20th Oct, 1988

28th Nov, 1988 21st Jan, 1989

31st Jan, 1989

8th Feb, 1989

24th May, 1989 3rd June 1989

1st Aug, 1989

30th Jan, 1990

72/45/Lands/ML&C/87G

Conversion of residential tenures to commercial purposes

1159

18/100/Lands/ML&C/70

Construction of additional buildings in the vacant compound of bungalows

1161

Construction of buildings – duplexes

1161

72/81/Lands/ML&C/88 44/49/Lands/ML&C/88

additional

Sub-division/ transfer of plots in Defence Officers Housing Schemes in cantonments

1162

40/6/AD(B&G)/ML&C/ 87

Construction plans of building in cantonments

1164

72/93/Lands/ML&C/88G

Transfer of leasehold right under CLA Rules 1925/ 1937 and the sites held on old grants/ Cantt Codes of 1899 & 1912 by the general attorneys/ special attorneys

1165

Levy of development charges in respect of plots auctioned by the Cantt Boards

1167

Registration of court decree/ compromise decree followed by an award

1167

72/90/Lands/ML&C/88G

Commercial zones in cantonment area

1168

72/102/Lands/ML&C/89 -G

Sub-division/ transfer of plots in Defence Officers Housing Schemes in Cantonments

1169

Guidelines for leases/ sub division of land for commercial purposes held under old grants and leases granted under Cantt Code of 1899 and 1912 and CLA Rules 1925/1937

1170

Condonation of time limit on transfer of lease hold rights under CLA Rules 1925/ 1937

1172

72/95/Lands/ML&C/89G 72/96/Lands/ML&C/89G

72/45/Lands/87/3035/D12/ML&C

72/92/Lands/ML&C/88G

xxii 59. 60.

61. 62.

63.

64. 65.

66. 67.

68.

69.

The Cantonments Law 23rd Jun, 1990 22nd Aug, 1990

30th Sep, 1990 14th Oct, 1990

28th Nov, 1990

29th Jan, 1991 3rd Feb, 1991

24th Feb, 1991 22nd May, 1991

17th Jun, 1991

24th Dec, 1992

72/80/Lands/ML&C/88

Transfer of properties by way of gift by the attorneys

1173

Approval of building plans in respect of plots held in Schedule IX-A of the CLA Rules 1937

1173

11/Genl/OSD/ML&C/83 /VOL-13

Cantonment Boards: works/ budget estimates

1174

72/45/Lands/ML&C/87

Guidelines for lease/ sub division of land for commercial/ residential purposes held under old grant terms and leases granted under Cantt Code of 1899 and 1912 and CLA Rules 1925/ 1937

1175

Clearance of buildings plans of sites held on Schedule IX-A of the CLA Rules 1937 for residential purposes

1176

Construction of buildings; duplexes

1177

74/241/Lands/ML&C/90

43/81/Lands/ML&C/88

72/81/Lands/ML&C/88

27/113/Lands/ML&C/90 -G

original

additional

Grant of extension to plots/ sites held in Defence Officers Housing Scheme and outside housing schemes including bazar areas

1178

72/118/Lands/ML&C/91 -G

Control over buildings etc

41/33/Lands/ML&C/89

Re-classification of land amendment in G.L.R. In Defence Officers Housing Schemes

1180

Guidelines for lease/ sub-division of land for commercial purposes held under old grant terms/ Cantonment Code Leases of 1899/ 1912 & CLA Rules 1925/ 1937

1182

Issue of NOC for sale/ transfer sub-division and commercialization of properties held under old grant terms/ cantonment code leases

1183

72/45/Lands/ML&C/87

72/9/Lands/ML&C/86-G

1180

xxiii

Contents 70. 71. 72.

73.

74. 75.

76. 77.

78.

79.

80.

81.

26th Dec, 1992 13th Feb, 1993 24th May, 1993

6th Jun, 1993

14th Jun, 1993 17th Jul, 1993

18th Oct, 1993 4th Nov, 1993

22nd Nov, 1993

12th Jan, 1994

7th Feb, 1994

5th Apr, 1994

75/892/Lands/ML&C/92 72/80/Lands/ML&C/88 5(36)/D-12(ML&C)/92

72/95/Lands/ML&C/89

72/80/Lands/ML&C/91 18/121/Lands/ML&C/65

72/81/Lands/ ML&C/85 72/102/Lands/ML&C/89 -G 40/33/Budget/ML&C/93

51/787/Lands/ML&C/91

75/853/Lands/ML&C/92

30/36/Lands/ML&C/94

Auction and acceptance of counter bids/ offers

1184

Transfer of properties to natural heirs

1186

Construction of residential houses in the Defence Officers Housing Schemes in cantonment areas

1187

Construction of residential houses in the Defence Officers Housing Schemes in cantonment areas.

1188

Transfer of properties by way of gift by the attornies

1188

Evacuee properties held on old grant/ code leases/ leases under CLA Rules 1925 and 1937 in cantonments

1189

Construction of buildings – duplexes

1190

additional

Sub-division/ transfer & extension of plots etc in Defence Officers Housing Schemes in cantts

1191

Planning and construction of commercial buildings/ shopping centres

1192

Mortgage of properties held on Schedule VIII of the CLA Rules 1937 – for commercial loans

1193

Declaration of commercial zones/ areas, determination of leases on serious violations of lease agreements and exercising of strict control over building activities by the Boards in terms of Cantonment Act, 1924

1193

Construction of hotels/ restaurants in cantonments

1194

xxiv 82.

83. 84.

85. 86.

87. 88.

89.

90.

91. 92.

93.

The Cantonments Law 30th Apr, 1994

9th Jun, 1994 29th Jun, 1994

18th Oct, 1994 6th Nov, 1994

12th Mar, 1995 14th Mar, 1995

31st Oct, 1995

1st Feb, 1996

24th Apr, 1996 19th May, 1996

1st Jul, 1996

37/53/Lands/ML&C/80

Sub-division of sites held on old grant/ code leases and leases under C.L.A. Rules 1925/ 1937

1196

72/8/LANDS/ML&C/86 -G

Un-authorised use of A-1 land at Kohat Cantonment

1197

58

Applications for transfer of subdivision, extension, and/ or erection/ re-erection of buildings, etc.

1198

72/101/Lands/ML&C/89 -G

Disposal of plots through open public auction

1199

75/853/Lands/92/4970/D -12/ML&C/94

Un-authorised constructions; change of purpose etc. In cantonment areas

1200

Transfer of property by gift under Mohammadan Laws

1202

Transfer of properties by gift under Mohammadan Law by attorneys

1203

Restoration of powers of Competent Auth (COAS) Cantt Act, 1924

1203

Unauthorised constructions: change of purpose etc. in cantonment areas

1206

Assessment of cantonments

1207

72/80/Lands/ML&C/88 72/80/Lands/ML&C/88

5548/213/12/Qtg-1A

75/853/Lands/ML&C/94

51/126/Lands/ML&C/95 72/133/Lands/ML&C/92

3619/28/127/Qtg-1A

properties

in

Unauthorised construction on military land by the armed forcesinformation required by audit

1207

Minutes of the meeting held in QMG’s conference room at 1000 hrs on 9 June 1996 on compounding of unauthorised construction in cantts

1208

xxv

Contents 94.

95. 96. 97.

98.

99.

100.

2nd Jul, 1996

8th Jul, 1996 16th Jul, 1996 18th Jul, 1996

18th Jul, 1996

13th Nov, 1996

18th Dec, 1996

72/81/Lands/ML&C/85

Construction of additional building – Duplexes subdivisions thereof and payment of development charge on the subdivision portion

1209

55/11/Lands/ML&C/96G

Disposal of plots through auction by the Cantonments Board

1210

75/853/Lands/ML&C/92

Composition construction.

1211

18/121/Lands/ML&C/96

18/121/Lands/ML&C/96

27/113/Lands/ML&C/90 -G

50/59/Lands/ML&C/96

of

un-authorised

Policy for conversion of properties held on old grant/ Cantt code leases into regular leases

1212

Grant of lease for educational/ hospital/ religious purposes in respect of property no. Survey no. , Cantonment

1216

Grant of extension to plots/ sites held in Defence Officers Housing Scheme and outside housing schemes including bazar areas

1218

Conversion of old grants/ code leases into regular leases in Schedule IX-C

1218

101.

28th May, 1997

72/9/Lands/ML&C/86-G

Cantt affairs

1219

102.

30th May, 1997

29/6/Lands/ML&C/75

Mutations and transfers of rights/ interests – powers of MEOs under Rule 10 of CLA Rules, 1937

1220

Policy for conversion of properties held on old grant/ cantt code leases into regular leases

1224

103.

9th Oct, 1997

18/121/Lands/ML&C/96

104.

25th Oct, 1997

13/11/Lands/ML&C/97

Unauthorised use of A-1 land

1224

105.

22nd Jan, 1998

72/80/Lands/ML&C/88

Transfer of immovable properties by gift under Islamic Law

1225

Approval of composition fee by Regional DML&C in case of site outside bazar area

1226

106.

12th Feb 1998

20/210/Lands/ML&C/96

xxvi 107.

108.

109.

110.

111.

112.

113.

114.

115.

116.

117.

118.

The Cantonments Law 28th Feb, 1998

28th Apr, 1998

14th May, 1998

13th Jun, 1998

17th Aug, 1998

9th Jan, 1999

15th Jun, 1999

5th Aug, 1999

11th Sep, 1999

18th Sep, 1999

5th Oct, 1999

16th Oct, 1999

50/59/Lands/ML&C/96

Conversion of old grant & cantt code leases in regular leases in Schedule IX-C

1227

Policy for conversion of properties held on old grant/ cantt. Code leases into regular leases

1227

55/11/Lands/ML&C/96G

Disposal of plots through auction by the Cantonment Board

1228

11/Genl/OSD/ML&C/98

Space for car parking in multi storeyed buildings/ commercial plazas

1229

Properties held on old grant/ code leases by Evacuee Trust Property Board, Government of Pakistan

1230

Transfer of immovable properties by way of oral gift under Muhammadan Law

1230

Transfer of lease of hold rights of plot

1231

Unauthorised constructions and illegal change of purpose of residential properties into commercial properties

1232

Mutation/ transfer of gifted properties to the legal heirs

1233

Approval of lay-out plans of private housing schemes in Cantonments

1233

33/4/110/Lands/Circular/ Don/60

Mutation/ transfer of gifted properties to the legal heirs

1235

50/87/Lands/ML&C/98

Sub-lease of sites under Cantonments Land Administration Rules, 1937

1235

50/59/Lands/ML&C/96

11/165/Lands/ML&C/97

72/80/Lands/ML&C/88

50/97/Lands/ML&C/99

75/853/Lands/ML&C/92

20/575/Lands/ML&C/99

55/45/Lands/ML&C/99G

Contents 119.

120.

121.

122.

123.

124.

125.

126.

127.

10th Jul, 2000

11th Jul, 2000

19th Aug, 2000

21st Jul, 2001

21st Feb, 2002

30th Jul, 2002

30th Dec, 2002

17th Apr, 2003

7th June 2003

51/558/Lands/ML&C/ 2000

xxvii

Sites held on leases in Sch. IX-A of the CLA Rules 1937 for residential purposes clearance of building plans proposing “Basement”

1236

Imposition of tax on transfer of immovable property (lands and buildings) – transfer to legal heirs

1237

Sites held on leases in Sch. IX-A of the CLA Rules 1937 for “residential” purposes ----Clearance of building plans proposing “Basements”

1238

31/32/Lands/ML&C/89PT

Execution of leases directly in favour of nominees

1239

42/430/Lands/ML&C/ 2002

Assessment of properties within notified limits of cantonment areas

1239

Development charges: Defence Officers Housing Schemes in Cantonments

1240

Rawalpindi Cantt: Mutation of plot/ bungalow No. 33 Westridge Housing Scheme No. II

1241

Clearance of building plans of sites held on Schedule IX-A of the CLA Rules 1937 for residential purposes

1242

Policy for conversion of properties held on old grant/ cantonment code leases into regular leases-compulsory parking area to be left for old grant/ cantonment code leases after conversion into regular lease in case of sub-division of the plot, levy of development charges etc

1243

37/14/Lands/ML&C/83

Ruling/Land/RD/LR/121

118/53/TP/ML&C/77

20/749/Lands/ML&C/ 2000

75/Lands/ML&C/92-PT

18/1221/Lands/ML&C/ 2003

xxviii 128.

129.

130.

131.

132.

133.

134.

135.

The Cantonments Law 28th Jun, 2003

23rd Dec, 2003

30th Jan, 2004

31st Jan, 2004

9th Feb, 2004

16th Feb, 2004

20th Feb, 2004

31st Dec, 2007

4 /48 /L E&H /ML &C/ 2003 /G en

Mutation of lands acquired/ transferred to Ministry of Defence for defence purposes and completion of proceedings under Rule 10 of the Acquisition Custody Relinquishment Rules, 1944

1244

Mortgaging of lease hold rights alongwith super structure standing thereon against house building/ commercial loans: to the lessees holding lands/ buildings under different tenures in Cantonments

1247

Policy for conversion of properties held on old grant/ cantt code leases into regular leases under CLA Rules, 1937-request for extension in time limit for completion of lease formalities

1248

Grant of extension of areas to plots/ sites inside and outside bazar area

1249

51/1063/Lands/ML&C/ 2004

Transfer of lease hold rights by way sale

1249

64/OSC/ML&C/Walton/ 03

Levy of T.I.P.

75/594/Lands/ML&C/89

Mortgaging of lease hold rights alongwith super structure standing thereon against house building/ commercial loans; to the lessees holding lands/ buildings under different tenures in Cantonments

1252

Revised policy of conversion of properties held on old grant/ cantonment code leases into regular leases under the CLA Rules 1937 and conversion/ change of purpose of regular leases into fresh leases

1253

75/594/Lands/ML&C/89

75/258/Lands/ML&C/87

118/56/TP/ML&C/2002

3/6/D-12(ML&C)/972007

1251

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