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
v
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 QMG’s 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 QMG’s 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