Bare Acts

CHAPTER XIV REMOVAL AND EXCLUSION FROM CANTONMENTS AND SUPPRESSION OF SEXUAL IMMORALITY


299. Power to remove brothels and prostitutes—The Officer Commanding the Station or the Board
may, on receiving information that any building in the cantonment is used as a brothel or for purposes of
prostitution, by order in writing setting forth the substance of information received, summon the owner,
lessee, tenant or occupier of the building to appear before him or the Board as the case may be either in
person or by an authorised agent, and, if the Officer Commanding the Station or the Board, is then
satisfied as to the truth of the information, may, by order in writing, direct the owner, lessee, tenant or
occupier, as the case may be, to discontinue such use of the building within such period as may be
specified in the order.
300. Penalty for loitering and importuning for purposes of prostitution.—(1) Whoever in a
cantonment loiters for the purpose of prostitution or importunes any person to the commission of sexual
immorality, shall be punishable with imprisonment which may extend to three months, or with fine which
may extend to five thousand rupees and in case of subsequent offence shall be punishable with
imprisonment which may extend to one year.
(2) No prosecution for an offence under this section shall be instituted except on the complaint of the
person importuned, or of a military officer in whose presence the offence was committed, or of a member
of the Military, Naval or Air Force Police, being employed in the cantonment and authorised in this
behalf by the Officer Commanding the Station, in whose presence the offence was committed, or of a
police officer not below the rank of Assistant Sub-Inspector, who is deployed in the cantonment and
authorised in this behalf by the Officer Commanding the Station with the concurrence of District
Magistrate.
301. Removal of persons from cantonment.—If the Officer Commanding the Station or the Board
is, after such inquiry as he or it thinks necessary, satisfied that any person residing in or frequenting the
cantonment is a prostitute or has been convicted of an offence, under section 300, or of the abetment of
such an offence he or, as the case may be, the Board may cause to be served on such person an order in
writing requiring such person to remove from the cantonment within such time as may be specified in the
order, and prohibiting such person from re-entering it without the permission in writing of the Officer
Commanding the Station or the Board.
302. Removal and exclusion from cantonment of disorderly persons.—(1) A Judicial Magistrate
of the First Class, having jurisdiction in a cantonment, on receiving information that any person residing
in or frequenting the cantonment—
(a) is a disorderly person who has been convicted more than once of gaming or who keeps or
frequents, a common gaming house, a disorderly drinking shop or a disorderly house of any other
description; or
(b) has been convicted more than once either within the cantonment or elsewhere, of an offence
punishable under Chapter XVII of the Indian Penal Code (45 of 1860); or
(c) has been ordered under Chapter VIII of the Code of Criminal Procedure,1973 (2 of 1974)
either within the cantonment or elsewhere to execute a bond for his good behaviour,
may record in writing the substance of the information received, and may issue a summon to such person
requiring him to appear and show cause why he should not be required to remove from the cantonment
and be prohibited from re-entering it.
(2) Every summons issued under sub-section (1) shall be accompanied by a copy of the record
aforesaid and the copy shall be served along with the summons on the person against whom the summon
is issued.
(3) The Magistrate shall, when the person so summoned appears before him, proceed to inquire into
the truth of the information received and take such further evidence as he thinks fit, and if upon such
inquiry it appears to him that such person is a person of any kind described in sub-section (1) and that it is
necessary for the maintenance of good order in the cantonment that such person is required to be removed
therefrom and be prohibited from re-entering the cantonment, the Magistrate shall inform the matter to the
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Officer Commanding the Station and, the Officer Commanding the Station shall cause to be served on
such person an order in writing requiring him to remove from the cantonment within such time as may be
specified in the order and prohibiting him from re-entering it without the permission in writing of the
Officer Commanding the Station.
303. Removal and exclusion from cantonment of seditious persons.—(1) If any person in a
cantonment causes or attempts to cause or does any act which he knows is likely to cause disloyalty;
disaffection or breach of discipline amongst any portion of the forces or is a person who, the Officer
Commanding the Station has reason to believe, is likely to do any such act, the Officer Commanding the
Station may make an order in writing setting forth the reasons for making of the same and requiring such
person to remove from the cantonment within such time as may be specified in the order and prohibiting
him from re-entering it without the permission in writing of the Officer Commanding the Station:
Provided that no order shall be made under this section against any person unless he has had a
reasonable opportunity of being informed of the grounds on which it is proposed to make the order and of
showing cause why the order should not be made.
(2) Every order made under sub-section (1) shall be sent to the Superintendent of Police of the
District, who shall cause a copy thereof to be served on the person concerned.
(3) Upon the making of any order under sub-section (1), the Officer Commanding the Station shall
forthwith send a copy of the same to the Central Government.
(4) The Central Government may of its own motion and shall on application made to it in this behalf
within one month of the date of the order by the person against whom the order has been made, call upon
the District Magistrate to make after such inquiry as the Central Government may prescribe a report
regarding the justice of the order and the necessity therefor:
Provided that at every such inquiry the person against whom the order has been made shall be given
an opportunity of being heard in his own defence.
(5) The Central Government may, at any time after the receipt of the copy of an order sent under
sub-section (3) or where a report has been called for under sub-section (4), on receipt of that report, if it is
of opinion that the order should be varied or rescinded, make such orders thereon as it thinks fit.
(6) Any person who has been excluded from a cantonment by an order made under this section may,
at any time after the expiry of one month from the date thereof, apply to the General Officer
Commanding-in-Chief, the Command for the rescission of the same and, on such application being made,
the said Officer may, after making such inquiry, if any, as he thinks necessary, either reject the
application or rescind the order.
304. Penalty.—Whoever—
(a) fails to comply with an order issued under this Chapter within the period specified therein or
whilst an order prohibiting him from re-entering a cantonment without permission is in force,
re-enters the cantonment without such permission; or
(b) knowing that any person has, under this Chapter been required to remove from the
cantonment and has not obtained the requisite permission to re-enter it, harbours or conceals such
person in the cantonment,
shall be punishable with fine which may extend to five thousand rupees and in case of continuing offence
with an additional fine which may extend to five hundred rupees for every day after the first during which
he has persisted in the offence. 

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