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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


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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. 2. 3. 4. 5. The Cantonments Act, 1924. The Cantonments (Requisitioning of Immoveable Property) Ordinance, 1948. The Rules for the Determination Requisitioned Property. of Compensation for 240 241 259 1 3 235

The Cantonments (House-Accommodation) Act, 1923. The Pakistan Cantonment Property Rules, 1957.

iv 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22.

The Cantonments Law The Cantonments (Urban Immovable Entertainments Duty) Order, 1979. The Cantonments Pure Food Act, 1966. The Cantonments Pure Food Rules, 1967. The Pakistan Cantonments Cinematograph Rules, 1985. The Cantonment Assessment (Prescription of Form) Rules, 1961. The Cantonments Rent Restriction Act, 1963. The Cantonments Electoral (Preparation, Revision and Publication of Electoral Rolls) (Elections and Election Petitions) Rules, 1952. The Cantonments (Elections and Election Petitions) Rules, 1995. The Cantonment Local Government (Elections) Ordinance, 2002. The Cantonment Local Government Elections Rules, 2002. The Pakistan Cantonment Servants Rules, 1954. The Pakistan Cantonment Servants (Contributory Provident Fund) Rules, 1954. The Pakistan Military Lands and Cantonments Service (Class-I) Composition and Cadre Rules 1955. The Pakistan Military Lands and Cantonments Service (Class-I) Probation, Training and Seniority Rules, 1956. The Pakistan Cantonments Account Code, 1955. The Cantonment Boards Budget Rules, 1966. The Cantonments Ordinance, 2002. Property Tax and 271 275 298 375 396 398 447 503 563 586 660 702 717 719 739 889 905

APPENDIXES
I. II. III. Exemptions in payment of house or property tax S. R. O. 156(I)/2004. 1075 Exemption from property tax (5 marlas). S.R.O.1187(I)/2007. 1077

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

Contents

PART-II
MISCELLANEOUS LETTERS, CIRCULARS, INSTRUCTIONS, POLICIES, ETC. RELATING TO CANTONMENTS MATTERS.
1079

C O N T E N T S
*

(SUBJECT-WISE)
Subject Page No.

Date

No.

APPLICATION FOR ERECTION & RE-ERECTION OF BUILDING 1. 16 May, 1951 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

1112

2.

30th Apr, 1963

1127

3.

29th Jun, 1994

1198

4.

11th Nov, 1957

1120 1153 1158

5. 6.

17th Sep, 1987 8th Mar, 1988

7.

22nd Nov, 1993

1192

8.

7th Feb, 1994

1193

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

vi
9.

The Cantonments Law


CONSTRUCTION OF ADDITIONAL BUILDING 5th July 1988 18/100/Lands/ML&C/70 Construction of additional buildings in the vacant compound of bungalows Construction of buildings duplexes Construction of buildings; duplexes Construction of buildings duplexes additional 1161 additional 1177 additional 1190

1161

10. 11. 12. 13.

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

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 building Duplexes subdivisions thereof and payment of development charge on the subdivision 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. 16. 28th Nov, 1988 22nd Aug, 1990 40/6/AD(B&G)/ML&C/ 87 74/241/Lands/ML&C/90 Construction plans of building in cantonments Approval of building plans in respect of plots held in Schedule IX-A of the CLA Rules 1937 1164

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

1218

19.

28th Feb, 1998

50/59/Lands/ML&C/96

1227

20.

28th Apr, 1998

50/59/Lands/ML&C/96

1227

Contents
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 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 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

vii

1243

22.

30th Jan, 2004

75/258/Lands/ML&C/87

1248

23.

31st Dec, 2007

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

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 Grant of extension to plots allotted in Defence Officers Housing Schemes in cantonments Grant of extension to plots allotted in Defence Officers Housing Schemes in cantonments Chalking out of commercial blocks in Defence Officers Housing Schemes Bazar areas/ shoping centres in Defence Officers Housing Schemes in Pakistan

1134

25.

22nd Aug, 1979

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

1138

26.

15th Oct, 1979

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

1139

27.

15th Dec, 1982

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

1145

28.

03rd Apr, 1984

118/12/TP/ML&C/84

1146

viii
29. 12th Jun, 1986

The Cantonments Law


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 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 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 Execution of leases in Schedule IX-A under the Defence Officers Housing Schemes Sub-division/ transfer of plots in Defence Officers Housing Schemes in cantonments Sub-division/ transfer of plots in Defence Officers Housing Schemes in Cantonments Grant of extension to plots/ sites held in Defence Officers Housing Scheme and outside housing schemes including bazar areas Re-classification of land amendment in G.L.R. In Defence Officers Housing Schemes Construction of residential houses in the Defence Officers Housing Schemes in cantonment areas Construction of residential houses in the Defence Officers Housing Schemes in cantonment areas. Sub-division/ transfer & extension of plots etc in Defence Officers Housing Schemes in cantts

1148

30.

26th Oct, 1986

75/38/LANDS/ML&C/86

1150

31.

14th May, 1987

75/38/LANDS/ML&C/86

1152

32.

03rd Nov, 1987

75/38/Lands/ML&C/86

1154

33.

20th Oct, 1988

44/49/Lands/ML&C/88

1162

34.

3rd June 1989

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

1169

35.

3rd Feb, 1991

1178

36.

22nd May, 1991

41/33/Lands/ML&C/89

1180

37.

24th May, 1993

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

1187

38.

6th Jun, 1993

72/95/Lands/ML&C/89

1188

39.

4th Nov, 1993

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

1191

Contents
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 Development charges: Defence Officers Housing Schemes in Cantonments

ix

1218

41.

30th Jul, 2002

118/53/TP/ML&C/77

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 55/11/Lands/ML&C/96G 55/11/Lands/ML&C/96G Disposal of plots through open public auction Disposal of plots through auction by the Cantonments Board Disposal of plots through auction by the Cantonment Board 1199 1210 1228

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

46.

09th Mar, 1955

6(20)/54-RI

Allotment of evacuee property in cantonment areas Final disposal of evacuee property in cantonments Transfer of evacuee properties to displaced persons, etc. Mutation of entries in GLR Renewal of leases of land under the erstwhile evacuee properties in cantonment areas Renewal of leases of land held by evacuees in cantonments and other civil areas Evacuee properties held on old grant/ code leases/ leases under CLA Rules 1925 and 1937 in cantonments Properties held on old grant/ code leases by Evacuee Trust Property Board, Government of Pakistan

1119 1121

47. 48.

29th Aug, 1959 16th Jan, 1960

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

1123

49.

25th Apr, 1960

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

1124

50.

31st May, 1962

1059-Pol-Reh(73)/62

1125

51.

17th Jul, 1993

18/121/Lands/ML&C/65

1189

52.

17th Aug, 1998

11/165/Lands/ML&C/97

1230

x
53. 13th Feb, 1982

The Cantonments Law


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

1105

57.

29th Mar, 1968

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

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 Mutations and transfers of rights/ interests powers of MEOs under Rule 10 of CLA Rules, 1937 Mutation/ transfer of gifted properties to the legal heirs Mutation/ transfer of gifted properties to the legal heirs 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

1114

59.

30th May, 1997

29/6/Lands/ML&C/75

1220 1233 1235

60. 61. 62.

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

20/575/Lands/ML&C/99 33/4/110/Lands/Circular/ Don/60 4 /48 /L E&H /ML &C/ 2003 /G en

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
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

xi

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 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 Issue of NOC for sale/ transfer sub-division and commercialization of properties held under old grant terms/ cantonment code leases Sub-division of sites held on old grant/ code leases and leases under C.L.A. Rules 1925/ 1937 Applications for transfer of subdivision, extension, and/ or erection/ re-erection of buildings, etc.

1144

66.

14th Oct, 1990

72/45/Lands/ML&C/87

1175

67.

24th Dec, 1992

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

1183

68.

30th Apr, 1994

37/53/Lands/ML&C/80

1196

69.

29th Jun, 1994

58

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) Imposition of tax on transfer of immovable property (lands and buildings) transfer to legal heirs Levy of T.I.P. 1251

1146

71.

11th Jul, 2000

37/14/Lands/ML&C/83

1237

72.

16th Feb, 2004

64/OSC/ML&C/Walton/ 03

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
74.

The Cantonments Law


TRANSFER OF PROPERTIES 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 Transfer of properties by gift under Mohammadan Law by attorneys Transfer of properties by gift under Mohammadan Law by attorneys Transfer of properties by way of gift by the attorneys Transfer of properties by way of gift by the attornies Transfer of properties by gift under Mohammadan Law by attorneys Transfer of property by gift under Mohammadan Laws Transfer of immovable properties by gift under Islamic Law Transfer of immovable properties by way of oral gift under Muhammadan Law Mutation/ transfer of gifted properties to the legal heirs Mutation/ transfer of gifted properties to the legal heirs

1152

76.

1st Feb, 1988

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

1156

77.

17th Feb, 1988

1157 1173 1188

78. 79. 80.

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

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

1203 1202 1225

81. 82. 83.

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

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

1230 1233 1235

84. 85.

11th Sep, 1999 5th Oct, 1999

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

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 Unauthorised construction/ addition & alterations under section 184/ 185 of the Cantonments Act, 1924 1109

1129

Contents
88. 6th Nov, 1994 75/853/Lands/92/4970/D -12/ML&C/94 75/853/Lands/ML&C/94 Un-authorised constructions; change of purpose etc. In cantonment areas Unauthorised constructions: change of purpose etc. in cantonment areas Unauthorised construction on military land by the armed forcesinformation required by audit Composition construction. of un-authorised

xiii

1200

89.

1st Feb, 1996

1206

90.

19th May, 1996

72/133/Lands/ML&C/92

1207 1211

91. 92.

16th Jul, 1996 1st Jul, 1996

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

Minutes of the meeting held in QMGs conference room at 1000 hrs on 9 June 1996 on compounding of unauthorised construction in cantts Unauthorised constructions and illegal change of purpose of residential properties into commercial properties

1208

93.

5th Aug, 1999

75/853/Lands/ML&C/92

1232

MISCELLANEOUS 94. 95. 96. 28 Feb, 1952 04th Mar, 1972 30th Jun, 1977 26/81/G/D-5/LCH/939-L 16/7/L/AD(C)/ML&C/72500-L 18/100/L/AD(A)/ML&C /70/2362/D-12/ML&C 34/3/L/AD(A)/ML&C/75 8/2/L/AD(A)/ML&C/70 Interpretation of Section 126 of Cantonments Act, 1924 Amendment of GLR in respect of housing scheme Construction of additional buildings in the vacant compounds of bungalows Disposal of Govt/ Cantt Board property Consultation with local military authorities in disposal of land cases Defence lands Jurisdiction of revenue courts Lease of land undereath/ appurtenant to houses/ flats building for disabled personnel/ widows of shaheeds 1113 1131

1132 1135

97. 98.

24th Jul, 1978 22nd Aug, 1979

1136 1140

99. 100.

21st Oct, 1981 28th Feb, 1982

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

1143

xiv
101. 26th Aug, 1982

The Cantonments Law


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 Acquisition of land or landed property in Pakistan by foreigner. Grant of leases for Commercial-II 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 Extension in areas inside and outside bazar areas Conversion of residential tenures to commercial purposes 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 Registration of court decree/ compromise decree followed by an award Commercial zones in cantonment area 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 Condonation of time limit on transfer of lease hold rights under CLA Rules 1925/ 1937 Cantonment Boards: works/ budget estimates original 1174

1144 1147 1150

102. 103. 104.

09th Sep, 1984 28th Apr, 1987 10th Dec, 1987

18/153/84-Poll.E(II) 73/22/Lands/ML&C/87 1/123/LH/ML&C/86/Rwp

1152 1159 1159

105. 106. 107.

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

No. 72/

/ML&C/

72/45/Lands/ML&C/87G 72/93/Lands/ML&C/88G

1165

108.

8th Feb, 1989

72/96/Lands/ML&C/89G 72/90/Lands/ML&C/88G 72/45/Lands/87/3035/D12/ML&C

1167 1168

109. 110.

24th May, 1989 1st Aug, 1989

1170

111.

30th Jan, 1990

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

1172

112.

30th Sep, 1990

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 Control over buildings etc 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 Auction and acceptance of counter bids/ offers Mortgage of properties held on Schedule VIII of the CLA Rules 1937 for commercial loans Un-authorised use of A-1 land at Kohat Cantonment Restoration of powers of Competent Auth (COAS) Cantt Act, 1924 Assessment of cantonments properties in

xv

1173 1180

114. 115.

24th Feb, 1991 17th Jun, 1991

72/118/Lands/ML&C/91 -G 72/45/Lands/ML&C/87

1182 1184

116. 117.

26th Dec, 1992 12th Jan, 1994

75/892/Lands/ML&C/92 51/787/Lands/ML&C/91

1193 1197

118. 119.

9th Jun, 1994 31st Oct, 1995

72/8/LANDS/ML&C/86 -G 5548/213/12/Qtg-1A

1203 1207

120. 121.

24th Apr, 1996 18th Jul, 1996

51/126/Lands/ML&C/95 18/121/Lands/ML&C/96

Grant of lease for educational/ hospital/ religious purposes in respect of property no. Survey no. , Cantonment Cantt affairs Policy for conversion of properties held on old grant/ cantt code leases into regular leases Unauthorised use of A-1 land Approval of composition fee by Regional DML&C in case of site outside bazar area Space for car parking in multi storeyed buildings/ commercial plazas Approval of lay-out plans of private housing schemes in Cantonments

1216 1219

122. 123.

28th May, 1997 9th Oct, 1997

72/9/Lands/ML&C/86-G 18/121/Lands/ML&C/96

1224 1224

124. 125.

25th Oct, 1997 12th Feb 1998

13/11/Lands/ML&C/97 20/210/Lands/ML&C/96

1226

126.

13th Jun, 1998

11/Genl/OSD/ML&C/98

1229

127.

18th Sep, 1999

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

1233

xvi
128. 16th Oct, 1999

The Cantonments Law


50/87/Lands/ML&C/98 Sub-lease of sites under Cantonments Land Administration Rules, 1937 Sites held on leases in Sch. IX-A of the CLA Rules 1937 for residential purposes clearance of building plans proposing Basement Sites held on leases in Sch. IX-A of the CLA Rules 1937 for residential purposes ----Clearance of building plans proposing Basements Execution of leases directly in favour of nominees Assessment of properties within notified limits of cantonment areas Rawalpindi Cantt: Mutation of plot/ bungalow No. 33 Westridge Housing Scheme No. II Clearance of building plans of sites held on Schedule IX-A of the CLA Rules 1937 for residential purposes 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 Grant of extension of areas to plots/ sites inside and outside bazar area Transfer of lease hold rights by way sale 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

1235

129.

10th Jul, 2000

51/558/Lands/ML&C/ 2000

1236

130.

19th Aug, 2000

Ruling/Land/RD/LR/121

1238 1239

131. 132.

21st Jul, 2001 21st Feb, 2002

31/32/Lands/ML&C/89PT 42/430/Lands/ML&C/ 2002 20/749/Lands/ML&C/ 2000 75/Lands/ML&C/92-PT

1234

133.

30th Dec, 2002

1241

134.

17th Apr, 2003

1242

135.

23rd Dec, 2003

75/594/Lands/ML&C/89

1247

136.

31st Jan, 2004

118/56/TP/ML&C/2002

1249 1249

137. 138.

9th Feb, 2004 20th Feb, 2004

51/1063/Lands/ML&C/ 2004 75/594/Lands/ML&C/89

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 1. 22nd Apr, 1950 No. 15/20/L/D.5/50/1741 Subject Responsibility for the initiation and submission of proposals regarding management and reclassification of military lands Lease of buildings cantonment fund 1107 1109 1112 1112 1113 Page No.

1105

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

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

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

Composition of unauthorised constructions in cantts Taking possession of land on expiry of lease Application for erection or reerection of building in cantonment Interpretation of Section 126 of Cantonments Act, 1924 Registration of mutations under Rule 10 of the Cantonment Land Administration Rules, 1937 Evacuee cantonments properties in

1114

8.

11th Feb, 1953

F.16/(62)/52-P

1115

9.

09th Mar, 1955

6(20)/54-RI

Allotment of evacuee property in cantonment areas Assessment of compensation for the property acquired in cantonments by the Ministry of Defence Final disposal of evacuee property in cantonments

1119

10.

11th Nov, 1957

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

1120 1121

11.

29th Aug, 1959

40/12/L/D-5/58

xviii
12. 16th Jan, 1960

The Cantonments Law


40/18/G/D.5(c)/59 Transfer of evacuee properties to displaced persons, etc. Mutation of entries in GLR Renewal of leases of land under the erstwhile evacuee properties in cantonment areas Renewal of leases of land held by evacuees in cantonments and other civil areas Buildings applications disposal of references under Section 181(3) of the Cantonment Act, 1924 Transfer of plots allotted under housing schemes to natural heirs Unauthorised construction/ addition & alterations under section 184/ 185 of the Cantonments Act, 1924 Re-classification of lands covered by the housing schemes in cantonment Amendment of GLR in respect of housing scheme Construction of additional buildings in the vacant compounds of bungalows Physical sub-division of plots situated in Defence Officers Housing Scheme by the allottee officers/ lessees Disposal of Govt/ Cantt Board property Consultation with local military authorities in disposal of land cases

1123

13.

25th Apr, 1960

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

1124

14.

31st May, 1962

1059-Pol-Reh(73)/62

1125

15.

30th Apr, 1963

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

1127 1129

16. 17.

24th Aug, 1965 24th Apr, 1967

1129

18.

29th Mar, 1968

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

1131 1131

19. 20.

04th Mar, 1972 30th Jun, 1977

16/7/L/AD(C)/ML&C/72500-L 18/100/L/AD(A)/ML&C /70/2362/D-12/ML&C 18/201/L/AD(C)/ML&C /72

1132

21.

02nd Jan, 1978

1134 1135

22. 23.

24th Jul, 1978 22nd Aug, 1979

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

1136

Contents
24. 22nd Aug, 1979 18/116/TP/L/ML&C/66 Grant of extension to plots allotted in Defence Officers Housing Schemes in cantonments Grant of extension to plots allotted in Defence Officers Housing Schemes in cantonments Issue of repair notices u/s 126 of Cantts Act 1924 in respect of sites held on old grant Defence lands Jurisdiction of revenue courts Annual assessment of properties for the purposes of house tax Lease of land undereath/ appurtenant to houses/ flats building for disabled personnel/ widows of shaheeds Sub-division of buildings constructed on sites held on lease in Sch. VIII of the CLA Rules 1937 Chalking out of commercial blocks in Defence Officers Housing Schemes Imposition of tax on transfer of immovable property (lands and buildings) Bazar areas/ shoping centres in Defence Officers Housing Schemes in Pakistan Acquisition of land or landed property in Pakistan by foreigner. 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

xix

1138

25.

15th Oct, 1979

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

1139

26.

04th Mar, 1980

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

1139 1140 1142

27. 28. 29.

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

1143

30.

26th Aug, 1982

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

1144

31.

15th Dec, 1982

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

1145

32.

16th Apr, 1983

1146

33.

03rd Apr, 1984

118/12/TP/ML&C/84

1146 1147

34. 35.

09th Sep, 1984 12th Jun, 1986

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

1148

xx
36. 26th Oct, 1986

The Cantonments Law


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 Grant of leases for Commercial-II 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 Transfer of properties by gift under Mohammadan Law by attorneys Cantt Code Leases Execution of leases in Schedule IX-A under the Defence Officers Housing Schemes 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 Transfer of properties by gift under Mohammadan Law by attorneys Transfer of properties by gift under Mohammadan Law by attorneys Transfer of properties held on old grant and cantt code leases Extension in areas inside and outside bazar areas

1150 1150

37. 38.

28th Apr, 1987 14th May, 1987

73/22/Lands/ML&C/87 75/38/LANDS/ML&C/86

1152

39.

04th Jul, 1987

75/164/Lands/ML&C/87

1152 1153

40. 41.

17th Sep, 1987 03rd Nov, 1987

75/264/Lands/ML&C/87 75/38/Lands/ML&C/86

1154

42.

10th Dec, 1987

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

1155

43.

1st Feb, 1988

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

1156

44.

17th Feb, 1988

1157 1158 1159

45. 46.

8th Mar, 1988 2nd May, 1988

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

Contents
47. 48. 13th Jun, 1988 5th July 1988 72/45/Lands/ML&C/87G 18/100/Lands/ML&C/70 Conversion of residential tenures to commercial purposes Construction of additional buildings in the vacant compound of bungalows Construction of buildings duplexes additional

xxi
1159

1161 1161

49. 50.

7th Sep, 1988 20th Oct, 1988

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

Sub-division/ transfer of plots in Defence Officers Housing Schemes in cantonments Construction plans of building in cantonments 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 Levy of development charges in respect of plots auctioned by the Cantt Boards Registration of court decree/ compromise decree followed by an award Commercial zones in cantonment area Sub-division/ transfer of plots in Defence Officers Housing Schemes in Cantonments 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 Condonation of time limit on transfer of lease hold rights under CLA Rules 1925/ 1937

1162 1164

51. 52.

28th Nov, 1988 21st Jan, 1989

40/6/AD(B&G)/ML&C/ 87 72/93/Lands/ML&C/88G

1165

53.

31st Jan, 1989

72/95/Lands/ML&C/89G 72/96/Lands/ML&C/89G 72/90/Lands/ML&C/88G 72/102/Lands/ML&C/89 -G 72/45/Lands/87/3035/D12/ML&C

1167

54.

8th Feb, 1989

1167 1168

55. 56.

24th May, 1989 3rd June 1989

1169

57.

1st Aug, 1989

1170

58.

30th Jan, 1990

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

1172

xxii
59. 60. 23rd Jun, 1990 22nd Aug, 1990

The Cantonments Law


72/80/Lands/ML&C/88 74/241/Lands/ML&C/90 Transfer of properties by way of gift by the attorneys Approval of building plans in respect of plots held in Schedule IX-A of the CLA Rules 1937 Cantonment Boards: works/ budget estimates original 1174 1173

1173

61. 62.

30th Sep, 1990 14th Oct, 1990

11/Genl/OSD/ML&C/83 /VOL-13 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 Clearance of buildings plans of sites held on Schedule IX-A of the CLA Rules 1937 for residential purposes Construction of buildings; duplexes additional

1175

63.

28th Nov, 1990

43/81/Lands/ML&C/88

1176 1177

64. 65.

29th Jan, 1991 3rd Feb, 1991

72/81/Lands/ML&C/88

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 Control over buildings etc

1178 1180

66. 67.

24th Feb, 1991 22nd May, 1991

72/118/Lands/ML&C/91 -G 41/33/Lands/ML&C/89

Re-classification of land amendment in G.L.R. In Defence Officers Housing Schemes 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 Issue of NOC for sale/ transfer sub-division and commercialization of properties held under old grant terms/ cantonment code leases

1180

68.

17th Jun, 1991

72/45/Lands/ML&C/87

1182

69.

24th Dec, 1992

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

1183

Contents
70. 71. 72. 26th Dec, 1992 13th Feb, 1993 24th May, 1993 75/892/Lands/ML&C/92 72/80/Lands/ML&C/88 5(36)/D-12(ML&C)/92 Auction and acceptance of counter bids/ offers Transfer of properties to natural heirs Construction of residential houses in the Defence Officers Housing Schemes in cantonment areas Construction of residential houses in the Defence Officers Housing Schemes in cantonment areas. Transfer of properties by way of gift by the attornies Evacuee properties held on old grant/ code leases/ leases under CLA Rules 1925 and 1937 in cantonments Construction of buildings duplexes additional

xxiii
1184 1186

1187

73.

6th Jun, 1993

72/95/Lands/ML&C/89

1188 1188

74. 75.

14th Jun, 1993 17th Jul, 1993

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

1189 1190

76. 77.

18th Oct, 1993 4th Nov, 1993

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

Sub-division/ transfer & extension of plots etc in Defence Officers Housing Schemes in cantts Planning and construction of commercial buildings/ shopping centres Mortgage of properties held on Schedule VIII of the CLA Rules 1937 for commercial loans 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 Construction of hotels/ restaurants in cantonments

1191

78.

22nd Nov, 1993

1192

79.

12th Jan, 1994

51/787/Lands/ML&C/91

1193

80.

7th Feb, 1994

75/853/Lands/ML&C/92

1193 1194

81.

5th Apr, 1994

30/36/Lands/ML&C/94

xxiv
82. 30th Apr, 1994

The Cantonments Law


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 Un-authorised use of A-1 land at Kohat Cantonment Applications for transfer of subdivision, extension, and/ or erection/ re-erection of buildings, etc. Disposal of plots through open public auction Un-authorised constructions; change of purpose etc. In cantonment areas Transfer of property by gift under Mohammadan Laws Transfer of properties by gift under Mohammadan Law by attorneys Restoration of powers of Competent Auth (COAS) Cantt Act, 1924 Unauthorised constructions: change of purpose etc. in cantonment areas Assessment of cantonments properties in 1207

1196 1197

83. 84.

9th Jun, 1994 29th Jun, 1994

72/8/LANDS/ML&C/86 -G 58

1198 1199

85. 86.

18th Oct, 1994 6th Nov, 1994

72/101/Lands/ML&C/89 -G 75/853/Lands/92/4970/D -12/ML&C/94 72/80/Lands/ML&C/88 72/80/Lands/ML&C/88

1200 1202

87. 88.

12th Mar, 1995 14th Mar, 1995

1203

89.

31st Oct, 1995

5548/213/12/Qtg-1A

1203

90.

1st Feb, 1996

75/853/Lands/ML&C/94

1206

91. 92.

24th Apr, 1996 19th May, 1996

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

Unauthorised construction on military land by the armed forcesinformation required by audit Minutes of the meeting held in QMGs conference room at 1000 hrs on 9 June 1996 on compounding of unauthorised construction in cantts

1207

93.

1st Jul, 1996

3619/28/127/Qtg-1A

1208

Contents
94. 2nd Jul, 1996 72/81/Lands/ML&C/85 Construction of additional building Duplexes subdivisions thereof and payment of development charge on the subdivision portion Disposal of plots through auction by the Cantonments Board Composition construction. of un-authorised

xxv

1209 1210 1211

95. 96. 97.

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

55/11/Lands/ML&C/96G 75/853/Lands/ML&C/92 18/121/Lands/ML&C/96

Policy for conversion of properties held on old grant/ Cantt code leases into regular leases Grant of lease for educational/ hospital/ religious purposes in respect of property no. Survey no. , Cantonment Grant of extension to plots/ sites held in Defence Officers Housing Scheme and outside housing schemes including bazar areas Conversion of old grants/ code leases into regular leases in Schedule IX-C Cantt affairs Mutations and transfers of rights/ interests powers of MEOs under Rule 10 of CLA Rules, 1937 Policy for conversion of properties held on old grant/ cantt code leases into regular leases Unauthorised use of A-1 land Transfer of immovable properties by gift under Islamic Law Approval of composition fee by Regional DML&C in case of site outside bazar area

1212

98.

18th Jul, 1996

18/121/Lands/ML&C/96

1216

99.

13th Nov, 1996

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

1218

100.

18th Dec, 1996

50/59/Lands/ML&C/96

1218 1219

101. 102.

28th May, 1997 30th May, 1997

72/9/Lands/ML&C/86-G 29/6/Lands/ML&C/75

1220

103.

9th Oct, 1997

18/121/Lands/ML&C/96

1224 1224 1225

104. 105. 106.

25th Oct, 1997 22nd Jan, 1998 12th Feb 1998

13/11/Lands/ML&C/97 72/80/Lands/ML&C/88 20/210/Lands/ML&C/96

1226

xxvi
107. 28th Feb, 1998

The Cantonments Law


50/59/Lands/ML&C/96 Conversion of old grant & cantt code leases in regular leases in Schedule IX-C Policy for conversion of properties held on old grant/ cantt. Code leases into regular leases Disposal of plots through auction by the Cantonment Board Space for car parking in multi storeyed buildings/ commercial plazas Properties held on old grant/ code leases by Evacuee Trust Property Board, Government of Pakistan Transfer of immovable properties by way of oral gift under Muhammadan Law Transfer of lease of hold rights of plot Unauthorised constructions and illegal change of purpose of residential properties into commercial properties Mutation/ transfer of gifted properties to the legal heirs Approval of lay-out plans of private housing schemes in Cantonments Mutation/ transfer of gifted properties to the legal heirs Sub-lease of sites under Cantonments Land Administration Rules, 1937

1227

108.

28th Apr, 1998

50/59/Lands/ML&C/96

1227

109.

14th May, 1998

55/11/Lands/ML&C/96G 11/Genl/OSD/ML&C/98

1228

110.

13th Jun, 1998

1229

111.

17th Aug, 1998

11/165/Lands/ML&C/97

1230

112.

9th Jan, 1999

72/80/Lands/ML&C/88

1230

113.

15th Jun, 1999

50/97/Lands/ML&C/99

1231

114.

5th Aug, 1999

75/853/Lands/ML&C/92

1232

115.

11th Sep, 1999

20/575/Lands/ML&C/99

1233

116.

18th Sep, 1999

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

1233

117.

5th Oct, 1999

33/4/110/Lands/Circular/ Don/60 50/87/Lands/ML&C/98

1235

118.

16th Oct, 1999

1235

Contents
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 Imposition of tax on transfer of immovable property (lands and buildings) transfer to legal heirs Sites held on leases in Sch. IX-A of the CLA Rules 1937 for residential purposes ----Clearance of building plans proposing Basements Execution of leases directly in favour of nominees Assessment of properties within notified limits of cantonment areas Development charges: Defence Officers Housing Schemes in Cantonments Rawalpindi Cantt: Mutation of plot/ bungalow No. 33 Westridge Housing Scheme No. II Clearance of building plans of sites held on Schedule IX-A of the CLA Rules 1937 for residential purposes 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

xxvii

1236

120.

11th Jul, 2000

37/14/Lands/ML&C/83

1237

121.

19th Aug, 2000

Ruling/Land/RD/LR/121

1238

122.

21st Jul, 2001

31/32/Lands/ML&C/89PT 42/430/Lands/ML&C/ 2002

1239

123.

21st Feb, 2002

1239

124.

30th Jul, 2002

118/53/TP/ML&C/77

1240

125.

30th Dec, 2002

20/749/Lands/ML&C/ 2000

1241

126.

17th Apr, 2003

75/Lands/ML&C/92-PT

1242

127.

7th June 2003

18/1221/Lands/ML&C/ 2003

1243

xxviii
128. 28th Jun, 2003

The Cantonments Law


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 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 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 Grant of extension of areas to plots/ sites inside and outside bazar area Transfer of lease hold rights by way sale Levy of T.I.P. 1251 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 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

1244

129.

23rd Dec, 2003

75/594/Lands/ML&C/89

1247

130.

30th Jan, 2004

75/258/Lands/ML&C/87

1248

131.

31st Jan, 2004

118/56/TP/ML&C/2002

1249

132.

9th Feb, 2004

51/1063/Lands/ML&C/ 2004 64/OSC/ML&C/Walton/ 03 75/594/Lands/ML&C/89

1249

133.

16th Feb, 2004

134.

20th Feb, 2004

1252

135.

31st Dec, 2007

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

1253