Cantonment Laws

BByy Muhammad Abdul Basit

Assisted By Muhammad Younas Mehboob Chaudhry

Advocate High Court, Ex. Legal Advisor Cantonment Board

Sialkot (1995-April 2009)

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Publishing Date : January, 2010.

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Contents

iii

C O N T E N T S

S. No.

Description Page No.

PART-I CANTONMENTS LAWS IN PAKISTAN 1

1.

The Cantonments Act, 1924. 3

2.

The Cantonments (Requisitioning of Immoveable Property) Ordinance, 1948. 235

3.

The Rules for the Determination of Compensation for Requisitioned Property. 240

4.

The Cantonments (House-Accommodation) Act, 1923. 241

5.

The Pakistan Cantonment Property Rules, 1957. 259

The Cantonments Law iv

6.

The Cantonments (Urban Immovable Property Tax and Entertainments Duty) Order, 1979. 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

18.

The Pakistan Military Lands and Cantonments Service (Class-I) Composition and Cadre Rules 1955. 717

19.

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

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. 1077

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

Contents

v

PART-II MISCELLANEOUS LETTERS, CIRCULARS,

INSTRUCTIONS, POLICIES, ETC. RELATING TO CANTONMENTS MATTERS. 1079

C O N T E N T S

*(SUBJECT-WISE)

Date

No.

Subject

Page No.

APPLICATION FOR ERECTION & RE-ERECTION OF BUILDING

1. 16 May, 1951 55332/119/L.C.I Application for erection or re-erection of building in cantonment 1112

2. 30th Apr, 1963 Ruling. 34/12/L/D5(C)/63

Buildings applications – disposal of references under Section 181(3) of the Cantonment Act, 1924 1127

3. 29th Jun, 1994 58 Applications for transfer of sub-division, extension, and/ or erection/ re-erection of buildings, etc. 1198

ASSESSMENT OF COMPENSATION

4. 11th Nov, 1957 F.16(113)/57.P.II Assessment of compensation for the property acquired in cantonments by the Ministry of Defence 1120

CANTT CODE LEASES

5. 17th Sep, 1987 75/264/Lands/ML&C/87 Cantt Code Leases 1153 6. 8th Mar, 1988 75/244/Lands/ML&C/87 Transfer of properties held on old

grant and cantt code leases 1158 COMMERCIAL BUILDINGS

7. 22nd Nov, 1993 40/33/Budget/ML&C/93 Planning and construction of commercial buildings/ shopping centres 1192

8. 7th Feb, 1994 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 1193

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

The Cantonments Law vi

CONSTRUCTION OF ADDITIONAL BUILDING

9. 5th July 1988 18/100/Lands/ML&C/70 Construction of additional buildings in the vacant compound of bungalows 1161

10. 7th Sep, 1988 72/81/Lands/ML&C/88 Construction of additional buildings – duplexes 1161

11. 29th Jan, 1991 72/81/Lands/ML&C/88 Construction of additional buildings; duplexes 1177

12. 18th Oct, 1993 72/81/Lands/ ML&C/85 Construction of additional buildings – duplexes 1190

13. 2nd Jul, 1996 72/81/Lands/ML&C/85 Construction of additional building – Duplexes subdivisions thereof and payment of development charge on the sub-division portion 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. 28th Nov, 1988 40/6/AD(B&G)/ML&C/87

Construction plans of building in cantonments 1164

16. 22nd Aug, 1990 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. 18th Jul, 1996 18/121/Lands/ML&C/96 Policy for conversion of properties held on old grant/ Cantt code leases into regular leases 1216

18. 18th Dec, 1996 50/59/Lands/ML&C/96 Conversion of old grants/ code leases into regular leases in Schedule IX-C 1218

19. 28th Feb, 1998 50/59/Lands/ML&C/96 Conversion of old grant & cantt code leases in regular leases in Schedule IX-C 1227

20. 28th Apr, 1998 50/59/Lands/ML&C/96 Policy for conversion of properties held on old grant/ cantt. Code leases into regular leases 1227

Contents

vii

21. 7th June 2003 18/1221/Lands/ML&C/2

003 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

22. 30th Jan, 2004 75/258/Lands/ML&C/87 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

23. 31st Dec, 2007 3/6/D-12(ML&C)/97-2007

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. 02nd Jan, 1978 18/201/L/AD(C)/ML&C/72

Physical sub-division of plots situated in Defence Officers Housing Scheme by the allottee officers/ lessees 1134

25. 22nd Aug, 1979 18/116/TP/L/ML&C/66 Grant of extension to plots allotted in Defence Officers Housing Schemes in cantonments 1138

26. 15th Oct, 1979 18/116/L/TP/ML&C/66 Grant of extension to plots allotted in Defence Officers Housing Schemes in cantonments 1139

27. 15th Dec, 1982 18/14/L/AD(A)/ML&C/82

Chalking out of commercial blocks in Defence Officers Housing Schemes 1145

28. 03rd Apr, 1984 118/12/TP/ML&C/84 Bazar areas/ shoping centres in Defence Officers Housing Schemes in Pakistan 1146

The Cantonments Law viii

29. 12th Jun, 1986 75/38/Lands/ML&C/86 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

30. 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

31. 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

32. 03rd Nov, 1987 75/38/Lands/ML&C/86 Execution of leases in Schedule IX-A under the Defence Officers’ Housing Schemes 1154

33. 20th Oct, 1988 44/49/Lands/ML&C/88 Sub-division/ transfer of plots in Defence Officers Housing Schemes in cantonments 1162

34. 3rd June 1989 72/102/Lands/ML&C/89-G

Sub-division/ transfer of plots in Defence Officers Housing Schemes in Cantonments 1169

35. 3rd Feb, 1991 27/113/Lands/ML&C/90-G

Grant of extension to plots/ sites held in Defence Officers Housing Scheme and outside housing schemes including bazar areas 1178

36. 22nd May, 1991 41/33/Lands/ML&C/89 Re-classification of land amendment in G.L.R. In Defence Officers Housing Schemes 1180

37. 24th May, 1993 5(36)/D-12(ML&C)/92 Construction of residential houses in the Defence Officers Housing Schemes in cantonment areas 1187

38. 6th Jun, 1993 72/95/Lands/ML&C/89 Construction of residential houses in the Defence Officers Housing Schemes in cantonment areas. 1188

39. 4th Nov, 1993 72/102/Lands/ML&C/89-G

Sub-division/ transfer & extension of plots etc in Defence Officers Housing Schemes in cantts 1191

Contents

ix

40. 13th Nov, 1996 27/113/Lands/ML&C/90-G


41. 30th Jul, 2002 118/53/TP/ML&C/77 Development charges: Defence Officers Housing Schemes in Cantonments 1240

DISPOSAL OF PLOTS THROUGH AUCTION

42. 18th Oct, 1994 72/101/Lands/ML&C/89-G

Disposal of plots through open public auction 1199

43. 8th Jul, 1996 55/11/Lands/ML&C/96-G

Disposal of plots through auction by the Cantonments Board 1210

44. 14th May, 1998 55/11/Lands/ML&C/96-G

Disposal of plots through auction by the Cantonment Board 1228

EVACUEE PROPERTIES IN CANTTS

45. 11th Feb, 1953 F.16/(62)/52-P Evacuee properties in cantonments 1115

46. 09th Mar, 1955 6(20)/54-RI Allotment of evacuee property in cantonment areas 1119

47. 29th Aug, 1959 40/12/L/D-5/58 Final disposal of evacuee property in cantonments 1121

48. 16th Jan, 1960 40/18/G/D.5(c)/59 Transfer of evacuee properties to displaced persons, etc. Mutation of entries in GLR 1123

49. 25th Apr, 1960 40/18/L/D.5(C)/59 Renewal of leases of land under the erstwhile evacuee properties in cantonment areas 1124

50. 31st May, 1962 1059-Pol-Reh(73)/62 Renewal of leases of land held by evacuees in cantonments and other civil areas 1125

51. 17th Jul, 1993 18/121/Lands/ML&C/65 Evacuee properties held on old grant/ code leases/ leases under CLA Rules 1925 and 1937 in cantonments 1189

52. 17th Aug, 1998 11/165/Lands/ML&C/97 Properties held on old grant/ code leases by Evacuee Trust Property Board, Government of Pakistan 1230

The Cantonments Law x

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 cantonment fund buildings 1107

LEVY OF DEVELOPMENT CHARGES

55. 31st Jan, 1989 72/95/Lands/ML&C/89-G

Levy of development charges in respect of plots auctioned by the Cantt Boards 1167

MANAGEMENT & RECLASSIFICATION OF MILITARY LANDS

56. 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

57. 29th Mar, 1968 9/10/L/S.O.(A)/67/974 Re-classification of lands covered by the housing schemes in cantonment 1131

MUTATIONS

58. 18th Dec, 1952 21/1/L/D-5/52/6238 Registration of mutations under Rule 10 of the Cantonment Land Administration Rules, 1937 1114

59. 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

60. 11th Sep, 1999 20/575/Lands/ML&C/99 Mutation/ transfer of gifted properties to the legal heirs 1233

61. 5th Oct, 1999 33/4/110/Lands/Circular/Don/60

Mutation/ transfer of gifted properties to the legal heirs 1235

62. 28th Jun, 2003 4/48/LE&H/ML&C/2003/Gen

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

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. 26th Aug, 1982 18/100/L/AD/A/ML&C/70

Sub-division of buildings constructed on sites held on lease in Sch. VIII of the CLA Rules 1937 1144

66. 14th Oct, 1990 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

67. 24th Dec, 1992 72/9/Lands/ML&C/86-G Issue of NOC for sale/ transfer sub-division and commercialization of properties held under old grant terms/ cantonment code leases 1183

68. 30th Apr, 1994 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


TAX ON TRANSFER OF IMMOVABLE PROPERTY

70. 16th Apr, 1983 123/27/C/ML&C/73 Imposition of tax on transfer of immovable property (lands and buildings) 1146

71. 11th Jul, 2000 37/14/Lands/ML&C/83 Imposition of tax on transfer of immovable property (lands and buildings) – transfer to legal heirs 1237

72. 16th Feb, 2004 64/OSC/ML&C/Walton/03

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

The Cantonments Law xii

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. 04th Jul, 1987 75/164/Lands/ML&C/87 Transfer of properties by gift under Mohammadan Law by attorneys 1152

76. 1st Feb, 1988 75/164/Lands/ ML&C/87

Transfer of properties by gift under Mohammadan Law by attorneys 1156

77. 17th Feb, 1988 75/326/Lands/ML&C/87 Transfer of properties by gift under Mohammadan Law by attorneys 1157

78. 23rd Jun, 1990 72/80/Lands/ML&C/88 Transfer of properties by way of gift by the attorneys 1173

79. 14th Jun, 1993 72/80/Lands/ML&C/91 Transfer of properties by way of gift by the attornies 1188

80. 14th Mar, 1995 72/80/Lands/ML&C/88 Transfer of properties by gift under Mohammadan Law by attorneys 1203

81. 12th Mar, 1995 72/80/Lands/ML&C/88 Transfer of property by gift under Mohammadan Laws 1202

82. 22nd Jan, 1998 72/80/Lands/ML&C/88 Transfer of immovable properties by gift under Islamic Law 1225

83. 9th Jan, 1999 72/80/Lands/ML&C/88 Transfer of immovable properties by way of oral gift under Muhammadan Law 1230




UN-AUTHORISED CONSTRUCTION

86. 29th Jan, 1951 55332/118/L.C.I Composition of unauthorised constructions in cantts 1109

87. 24th Apr, 1967 2/12/L/D5/A/63/800 Unauthorised construction/ addition & alterations under section 184/ 185 of the Cantonments Act, 1924 1129

Contents

xiii

88. 6th Nov, 1994 75/853/Lands/92/4970/D-12/ML&C/94

Un-authorised constructions; change of purpose etc. In cantonment areas 1200

89. 1st Feb, 1996 75/853/Lands/ML&C/94 Unauthorised constructions: change of purpose etc. in cantonment areas 1206

90. 19th May, 1996 72/133/Lands/ML&C/92 Unauthorised construction on military land by the armed forces-information required by audit 1207

91. 16th Jul, 1996 75/853/Lands/ML&C/92 Composition of un-authorised construction. 1211

92. 1st Jul, 1996 3619/28/127/Qtg-1A 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

93. 5th Aug, 1999 75/853/Lands/ML&C/92 Unauthorised constructions and illegal change of purpose of residential properties into commercial properties 1232

MISCELLANEOUS

94. 28 Feb, 1952 26/81/G/D-5/LCH/939-L

Interpretation of Section 126 of Cantonments Act, 1924 1113

95. 04th Mar, 1972 16/7/L/AD(C)/ML&C/72-500-L

Amendment of GLR in respect of housing scheme 1131

96. 30th Jun, 1977 18/100/L/AD(A)/ML&C/70/2362/D-12/ML&C

Construction of additional buildings in the vacant compounds of bungalows 1132

97. 24th Jul, 1978 34/3/L/AD(A)/ML&C/75 Disposal of Govt/ Cantt Board property 1135

98. 22nd Aug, 1979 8/2/L/AD(A)/ML&C/70 Consultation with local military authorities in disposal of land cases 1136

99. 21st Oct, 1981 15/1/L/AD(A)/ML&C/81 Defence lands – Jurisdiction of revenue courts 1140

100. 28th Feb, 1982 20/17/L/AD(A)/ML&C/79/786/D-12/ML&C

Lease of land undereath/ appurtenant to houses/ flats building for disabled personnel/ widows of shaheeds 1143

The Cantonments Law xiv

101. 26th Aug, 1982 18/100/L/AD/A/ML&C/70


102. 09th Sep, 1984 18/153/84-Poll.E(II) 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

105. 2nd May, 1988 No. 72/ /ML&C/ Extension in areas inside and outside bazar areas 1159

106. 13th Jun, 1988 72/45/Lands/ML&C/87-G

Conversion of residential tenures to commercial purposes 1159

107. 21st Jan, 1989 72/93/Lands/ML&C/88-G

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

108. 8th Feb, 1989 72/96/Lands/ML&C/89-G

Registration of court decree/ compromise decree followed by an award 1167

109. 24th May, 1989 72/90/Lands/ML&C/88-G

Commercial zones in cantonment area 1168

110. 1st Aug, 1989 72/45/Lands/87/3035/D-12/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

111. 30th Jan, 1990 72/92/Lands/ML&C/88-G

Condonation of time limit on transfer of lease hold rights under CLA Rules 1925/ 1937 1172

112. 30th Sep, 1990 11/Genl/OSD/ML&C/83/VOL-13

Cantonment Boards: original works/ budget estimates 1174

Contents

xv

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 1180

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

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

120. 24th Apr, 1996 51/126/Lands/ML&C/95 Assessment of properties in cantonments 1207

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

126. 13th Jun, 1998 11/Genl/OSD/ML&C/98 Space for car parking in multi storeyed buildings/ commercial plazas 1229

127. 18th Sep, 1999 55/45/Lands/ML&C/99-G

Approval of lay-out plans of private housing schemes in Cantonments 1233

The Cantonments Law xvi

128. 16th Oct, 1999 50/87/Lands/ML&C/98 Sub-lease of sites under Cantonments Land Administration Rules, 1937 1235

129. 10th Jul, 2000 51/558/Lands/ML&C/2000

Sites held on leases in Sch. IX-A of the CLA Rules 1937 for residential purposes clearance of building plans proposing “Basement” 1236

130. 19th Aug, 2000 Ruling/Land/RD/LR/121 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/89-PT

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

133. 30th Dec, 2002 20/749/Lands/ML&C/2000

Rawalpindi Cantt: Mutation of plot/ bungalow No. 33 Westridge Housing Scheme No. II 1241

134. 17th Apr, 2003 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

135. 23rd Dec, 2003 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 1247

136. 31st Jan, 2004 118/56/TP/ML&C/2002 Grant of extension of areas to plots/ sites inside and outside bazar area 1249

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

Contents

xvii

PART-II

MISCELLANEOUS LETTERS, CIRCULARS, INSTRUCTIONS, POLICIES, ETC. RELATING TO

CANTONMENTS MATTERS. 1079

C O N T E N T S

(DATE-WISE)

Date

No.

Subject

Page No.

1. 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

2. 08th Jul, 1950 18/4/L/D-5/49/3287 Lease of cantonment fund buildings 1107

3. 29th Jan, 1951 55332/118/L.C.I Composition of unauthorised constructions in cantts 1109

4. 24th Feb, 1951 50497/362/L.C.1 Taking possession of land on expiry of lease 1112

5. 16 May, 1951 55332/119/L.C.I Application for erection or re-erection of building in cantonment 1112

6. 28 Feb, 1952 26/81/G/D-5/LCH/939-L

Interpretation of Section 126 of Cantonments Act, 1924 1113

7. 18th Dec, 1952 21/1/L/D-5/52/6238 Registration of mutations under Rule 10 of the Cantonment Land Administration Rules, 1937 1114

8. 11th Feb, 1953 F.16/(62)/52-P Evacuee properties in cantonments 1115

9. 09th Mar, 1955 6(20)/54-RI Allotment of evacuee property in cantonment areas 1119

10. 11th Nov, 1957 F.16(113)/57.P.II Assessment of compensation for the property acquired in cantonments by the Ministry of Defence 1120

11. 29th Aug, 1959 40/12/L/D-5/58 Final disposal of evacuee property in cantonments 1121

The Cantonments Law xviii

12. 16th Jan, 1960 40/18/G/D.5(c)/59 Transfer of evacuee properties to displaced persons, etc. Mutation of entries in GLR 1123

13. 25th Apr, 1960 40/18/L/D.5(C)/59 Renewal of leases of land under the erstwhile evacuee properties in cantonment areas 1124

14. 31st May, 1962 1059-Pol-Reh(73)/62 Renewal of leases of land held by evacuees in cantonments and other civil areas 1125

15. 30th Apr, 1963 Ruling. 34/12/L/D5(C)/63

Buildings applications – disposal of references under Section 181(3) of the Cantonment Act, 1924 1127

16. 24th Aug, 1965 18/359/L/D5(A)/64 Transfer of plots allotted under housing schemes to natural heirs 1129

17. 24th Apr, 1967 2/12/L/D5/A/63/800 Unauthorised construction/ addition & alterations under section 184/ 185 of the Cantonments Act, 1924 1129

18. 29th Mar, 1968 9/10/L/S.O.(A)/67/974 Re-classification of lands covered by the housing schemes in cantonment 1131

19. 04th Mar, 1972 16/7/L/AD(C)/ML&C/72-500-L

Amendment of GLR in respect of housing scheme 1131

20. 30th Jun, 1977 18/100/L/AD(A)/ML&C/70/2362/D-12/ML&C

Construction of additional buildings in the vacant compounds of bungalows 1132

21. 02nd Jan, 1978 18/201/L/AD(C)/ML&C/72

Physical sub-division of plots situated in Defence Officers Housing Scheme by the allottee officers/ lessees 1134

22. 24th Jul, 1978 34/3/L/AD(A)/ML&C/75 Disposal of Govt/ Cantt Board property 1135

23. 22nd Aug, 1979 8/2/L/AD(A)/ML&C/70 Consultation with local military authorities in disposal of land cases 1136

Contents

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24. 22nd Aug, 1979 18/116/TP/L/ML&C/66 Grant of extension to plots allotted in Defence Officers Housing Schemes in cantonments 1138

25. 15th Oct, 1979 18/116/L/TP/ML&C/66 Grant of extension to plots allotted in Defence Officers Housing Schemes in cantonments 1139

26. 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

27. 21st Oct, 1981 15/1/L/AD(A)/ML&C/81 Defence lands – Jurisdiction of revenue courts 1140

28. 13th Feb, 1982 40/2/C/ML&C/79 Annual assessment of properties for the purposes of house tax 1142

29. 28th Feb, 1982 20/17/L/AD(A)/ML&C/79/786/D-12/ML&C

Lease of land undereath/ appurtenant to houses/ flats building for disabled personnel/ widows of shaheeds 1143

30. 26th Aug, 1982 18/100/L/AD/A/ML&C/70


31. 15th Dec, 1982 18/14/L/AD(A)/ML&C/82

Chalking out of commercial blocks in Defence Officers Housing Schemes 1145

32. 16th Apr, 1983 123/27/C/ML&C/73 Imposition of tax on transfer of immovable property (lands and buildings) 1146

33. 03rd Apr, 1984 118/12/TP/ML&C/84 Bazar areas/ shoping centres in Defence Officers Housing Schemes in Pakistan 1146

34. 09th Sep, 1984 18/153/84-Poll.E(II) Acquisition of land or landed property in Pakistan by foreigner. 1147

35. 12th Jun, 1986 75/38/Lands/ML&C/86 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

The Cantonments Law xx

36. 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

39. 04th Jul, 1987 75/164/Lands/ML&C/87 Transfer of properties by gift under Mohammadan Law by attorneys 1152

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

42. 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 1155

43. 1st Feb, 1988 75/164/Lands/ ML&C/87

Transfer of properties by gift under Mohammadan Law by attorneys 1156

44. 17th Feb, 1988 75/326/Lands/ML&C/87 Transfer of properties by gift under Mohammadan Law by attorneys 1157

45. 8th Mar, 1988 75/244/Lands/ML&C/87 Transfer of properties held on old grant and cantt code leases 1158

46. 2nd May, 1988 No. 72/ /ML&C/ Extension in areas inside and outside bazar areas 1159

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47. 13th Jun, 1988 72/45/Lands/ML&C/87-G

Conversion of residential tenures to commercial purposes 1159

48. 5th July 1988 18/100/Lands/ML&C/70 Construction of additional buildings in the vacant compound of bungalows 1161

49. 7th Sep, 1988 72/81/Lands/ML&C/88 Construction of additional buildings – duplexes 1161

50. 20th Oct, 1988 44/49/Lands/ML&C/88 Sub-division/ transfer of plots in Defence Officers Housing Schemes in cantonments 1162

51. 28th Nov, 1988 40/6/AD(B&G)/ML&C/87

Construction plans of building in cantonments 1164

52. 21st Jan, 1989 72/93/Lands/ML&C/88-G

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

53. 31st Jan, 1989 72/95/Lands/ML&C/89-G

Levy of development charges in respect of plots auctioned by the Cantt Boards 1167

54. 8th Feb, 1989 72/96/Lands/ML&C/89-G

Registration of court decree/ compromise decree followed by an award 1167

55. 24th May, 1989 72/90/Lands/ML&C/88-G

Commercial zones in cantonment area 1168

56. 3rd June 1989 72/102/Lands/ML&C/89-G

Sub-division/ transfer of plots in Defence Officers Housing Schemes in Cantonments 1169

57. 1st Aug, 1989 72/45/Lands/87/3035/D-12/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

58. 30th Jan, 1990 72/92/Lands/ML&C/88-G

Condonation of time limit on transfer of lease hold rights under CLA Rules 1925/ 1937 1172

The Cantonments Law xxii

59. 23rd Jun, 1990 72/80/Lands/ML&C/88 Transfer of properties by way of

gift by the attorneys 1173

60. 22nd Aug, 1990 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

61. 30th Sep, 1990 11/Genl/OSD/ML&C/83/VOL-13

Cantonment Boards: original works/ budget estimates 1174

62. 14th Oct, 1990 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

63. 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 1176

64. 29th Jan, 1991 72/81/Lands/ML&C/88 Construction of additional buildings; duplexes 1177

65. 3rd Feb, 1991 27/113/Lands/ML&C/90-G


66. 24th Feb, 1991 72/118/Lands/ML&C/91-G

Control over buildings etc 1180

67. 22nd May, 1991 41/33/Lands/ML&C/89 Re-classification of land amendment in G.L.R. In Defence Officers Housing Schemes 1180

68. 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

69. 24th Dec, 1992 72/9/Lands/ML&C/86-G Issue of NOC for sale/ transfer sub-division and commercialization of properties held under old grant terms/ cantonment code leases 1183

Contents

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70. 26th Dec, 1992 75/892/Lands/ML&C/92 Auction and acceptance of counter bids/ offers 1184

71. 13th Feb, 1993 72/80/Lands/ML&C/88 Transfer of properties to natural heirs 1186

72. 24th May, 1993 5(36)/D-12(ML&C)/92 Construction of residential houses in the Defence Officers Housing Schemes in cantonment areas 1187

73. 6th Jun, 1993 72/95/Lands/ML&C/89 Construction of residential houses in the Defence Officers Housing Schemes in cantonment areas. 1188

74. 14th Jun, 1993 72/80/Lands/ML&C/91 Transfer of properties by way of gift by the attornies 1188

75. 17th Jul, 1993 18/121/Lands/ML&C/65 Evacuee properties held on old grant/ code leases/ leases under CLA Rules 1925 and 1937 in cantonments 1189

76. 18th Oct, 1993 72/81/Lands/ ML&C/85 Construction of additional buildings – duplexes 1190

77. 4th Nov, 1993 72/102/Lands/ML&C/89-G

Sub-division/ transfer & extension of plots etc in Defence Officers Housing Schemes in cantts 1191

78. 22nd Nov, 1993 40/33/Budget/ML&C/93 Planning and construction of commercial buildings/ shopping centres 1192

79. 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

80. 7th Feb, 1994 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 1193

81. 5th Apr, 1994 30/36/Lands/ML&C/94 Construction of hotels/ restaurants in cantonments 1194

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82. 30th Apr, 1994 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

83. 9th Jun, 1994 72/8/LANDS/ML&C/86-G

Un-authorised use of A-1 land at Kohat Cantonment 1197


85. 18th Oct, 1994 72/101/Lands/ML&C/89-G

Disposal of plots through open public auction 1199

86. 6th Nov, 1994 75/853/Lands/92/4970/D-12/ML&C/94

Un-authorised constructions; change of purpose etc. In cantonment areas 1200

87. 12th Mar, 1995 72/80/Lands/ML&C/88 Transfer of property by gift under Mohammadan Laws 1202

88. 14th Mar, 1995 72/80/Lands/ML&C/88 Transfer of properties by gift under Mohammadan Law by attorneys 1203

89. 31st Oct, 1995 5548/213/12/Qtg-1A Restoration of powers of Competent Auth (COAS) Cantt Act, 1924 1203

90. 1st Feb, 1996 75/853/Lands/ML&C/94 Unauthorised constructions: change of purpose etc. in cantonment areas 1206

91. 24th Apr, 1996 51/126/Lands/ML&C/95 Assessment of properties in cantonments 1207

92. 19th May, 1996 72/133/Lands/ML&C/92 Unauthorised construction on military land by the armed forces-information required by audit 1207

93. 1st Jul, 1996 3619/28/127/Qtg-1A 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

Contents

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94. 2nd Jul, 1996 72/81/Lands/ML&C/85 Construction of additional building – Duplexes subdivisions thereof and payment of development charge on the sub-division portion 1209

95. 8th Jul, 1996 55/11/Lands/ML&C/96-G

Disposal of plots through auction by the Cantonments Board 1210

96. 16th Jul, 1996 75/853/Lands/ML&C/92 Composition of un-authorised construction. 1211

97. 18th Jul, 1996 18/121/Lands/ML&C/96 Policy for conversion of properties held on old grant/ Cantt code leases into regular leases 1212

98. 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

99. 13th Nov, 1996 27/113/Lands/ML&C/90-G


100. 18th Dec, 1996 50/59/Lands/ML&C/96 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

103. 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

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

106. 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

The Cantonments Law xxvi

107. 28th Feb, 1998 50/59/Lands/ML&C/96 Conversion of old grant & cantt code leases in regular leases in Schedule IX-C 1227

108. 28th Apr, 1998 50/59/Lands/ML&C/96 Policy for conversion of properties held on old grant/ cantt. Code leases into regular leases 1227

109. 14th May, 1998 55/11/Lands/ML&C/96-G

Disposal of plots through auction by the Cantonment Board 1228

110. 13th Jun, 1998 11/Genl/OSD/ML&C/98 Space for car parking in multi storeyed buildings/ commercial plazas 1229

111. 17th Aug, 1998 11/165/Lands/ML&C/97 Properties held on old grant/ code leases by Evacuee Trust Property Board, Government of Pakistan 1230

112. 9th Jan, 1999 72/80/Lands/ML&C/88 Transfer of immovable properties by way of oral gift under Muhammadan Law 1230

113. 15th Jun, 1999 50/97/Lands/ML&C/99 Transfer of lease of hold rights of plot 1231

114. 5th Aug, 1999 75/853/Lands/ML&C/92 Unauthorised constructions and illegal change of purpose of residential properties into commercial properties 1232


116. 18th Sep, 1999 55/45/Lands/ML&C/99-G

Approval of lay-out plans of private housing schemes in Cantonments 1233



118. 16th Oct, 1999 50/87/Lands/ML&C/98 Sub-lease of sites under Cantonments Land Administration Rules, 1937 1235

Contents

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119. 10th Jul, 2000 51/558/Lands/ML&C/

2000 Sites held on leases in Sch. IX-A of the CLA Rules 1937 for residential purposes clearance of building plans proposing “Basement” 1236

120. 11th Jul, 2000 37/14/Lands/ML&C/83 Imposition of tax on transfer of immovable property (lands and buildings) – transfer to legal heirs 1237

121. 19th Aug, 2000 Ruling/Land/RD/LR/121 Sites held on leases in Sch. IX-A of the CLA Rules 1937 for “residential” purposes ----- Clearance of building plans proposing “Basements” 1238

122. 21st Jul, 2001 31/32/Lands/ML&C/89-PT

Execution of leases directly in favour of nominees 1239

123. 21st Feb, 2002 42/430/Lands/ML&C/2002

Assessment of properties within notified limits of cantonment areas 1239

124. 30th Jul, 2002 118/53/TP/ML&C/77 Development charges: Defence Officers Housing Schemes in Cantonments 1240

125. 30th Dec, 2002 20/749/Lands/ML&C/2000

Rawalpindi Cantt: Mutation of plot/ bungalow No. 33 Westridge Housing Scheme No. II 1241

126. 17th Apr, 2003 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

127. 7th June 2003 18/1221/Lands/ML&C/2003

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

The Cantonments Law xxviii

128. 28th Jun, 2003 4/48/LE&H/ML&C/2003/Gen

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

129. 23rd Dec, 2003 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 1247

130. 30th Jan, 2004 75/258/Lands/ML&C/87 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

131. 31st Jan, 2004 118/56/TP/ML&C/2002 Grant of extension of areas to plots/ sites inside and outside bazar area 1249

132. 9th Feb, 2004 51/1063/Lands/ML&C/2004

Transfer of lease hold rights by way sale 1249

133. 16th Feb, 2004 64/OSC/ML&C/Walton/03

Levy of T.I.P. 1251

134. 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

135. 31st Dec, 2007 3/6/D-12(ML&C)/97-2007

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

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