cantonment laws
TRANSCRIPT
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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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
Grant of extension to plots/ sites held in Defence Officers Housing Scheme and outside housing schemes including bazar areas 1218
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
69. 29th Jun, 1994 58 Applications for transfer of sub-division, extension, and/ or erection/ re-erection of buildings, etc. 1198
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
84. 11th Sep, 1999 20/575/Lands/ML&C/99 Mutation/ transfer of gifted properties to the legal heirs 1233
85. 5th Oct, 1999 33/4/110/Lands/Circular/Don/60
Mutation/ transfer of gifted properties to the legal heirs 1235
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
Sub-division of buildings constructed on sites held on lease in Sch. VIII of the CLA Rules 1937 1144
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
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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
Sub-division of buildings constructed on sites held on lease in Sch. VIII of the CLA Rules 1937 1144
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
Grant of extension to plots/ sites held in Defence Officers Housing Scheme and outside housing schemes including bazar areas 1178
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
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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
The Cantonments Law xxiv
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
84. 29th Jun, 1994 58 Applications for transfer of sub-division, extension, and/ or erection/ re-erection of buildings, etc. 1198
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
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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
Grant of extension to plots/ sites held in Defence Officers Housing Scheme and outside housing schemes including bazar areas 1218
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
115. 11th Sep, 1999 20/575/Lands/ML&C/99 Mutation/ transfer of gifted properties to the legal heirs 1233
116. 18th Sep, 1999 55/45/Lands/ML&C/99-G
Approval of lay-out plans of private housing schemes in Cantonments 1233
117. 5th Oct, 1999 33/4/110/Lands/Circular/Don/60
Mutation/ transfer of gifted properties to the legal heirs 1235
118. 16th Oct, 1999 50/87/Lands/ML&C/98 Sub-lease of sites under Cantonments Land Administration Rules, 1937 1235
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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