34. Service of notice and requisitions.— Every notice or requisition prescribed by this Act shall be in
writing, signed by the person by whom it is given or made or by his duly appointed agent, and may be
served by post on the person to whom it is addressed, or, in the case of an owner who does not reside in or
near the cantonment, on his agent appointed 4
[in accordance with a bye-law made under clause (29) of
section 282 of the Cantonments Act, 1924 (2 of 1924)].
5
[34A. Computation of periods of limitation.—The period prescribed for making any reference or
preferring any appeal under this Act shall be computed in accordance with the provisions of the Indian
Limitation Act, 1908 (9 of 1908)6
.]
35. Power for Central Government to make rules.—(1) The Central Government may make rules7
to carry out the purposes and objects of this Act.
(2) In particular and without prejudice to the generality of the foregoing, power, such rules may—
8* * * * *
(b) define the powers of entry, inspection, measurement or survey which may be exercised in
carrying out the purposes and objects of this Act or of any rule made hereunder.
9
[(3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it
is made, before each House of Parliament, while it is in session, for a total period of thirty days which may
be comprised in one session or in two or more successive sessions, and if, before the expiry of the session
immediately following the session or the successive sessions aforesaid, both Houses agree in making any
modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter
have effect only in such modified form or be of no effect, as the case may be; so, however, that any such
modification or annulment shall be without prejudice to the validity of anything previously done under
that rule.]
36. Further provisions respecting rules.— (1) The power to make rules under section 35 shall be
subject to the condition of the rules being made after previous publication and of their not taking effect
until they have been published in the Official Gazette and in such other manner (if any) as the Central
Government may direct.
1. Ins. by Act 9 of 1930, s. 13.
2. Ins. by Act 22 of 1933, s. 5.
3. Subs. by Act 9 of 1930, s. 14, for “by sub-section (2) of that section”
4. Subs. by Act 10 of 1925, s. 4, for “under the Cantonments Act, 1910, or any rule made thereunder”
5. Ins. by Act 9 of 1930, s. 15
6. See now the Limitation Act, 1963 (36 of 1963).
7. See Gazette of India, 1923, Pt. I, p. 1242.
8. Clause (a) omitted by Act 9 of 1930, s. 16.
9. Ins. by Act 20 of 1983, s. 2 and the Schedule (w.e.f. 15-3-1984)
11
(2) Any rule under section 35 may be general for all cantonments or parts of cantonments 1*** in
which this Act is for the time being operative, or may be special for any of such cantonments or parts as
the Central Government may direct.
(3) A copy of the rules under section 35 for the time being in force in a cantonment shall be kept
open to inspection free of charge at all reasonable times in the office of the Cantonment 2
[Board].
(4) In making any rule under clause (b) of sub-section (2) of section 35, the Central Government may
direct that whoever obstructs any person, not being a public servant within the meaning of section 21 of
the Indian Penal Code (45 of 1860), in making any entry, inspection, measurement or survey, shall be
punishable with fine which may extend to fifty rupees, and, in the case of a continuing offence, with fine
which, in addition to such fine as aforesaid, may extend to five rupees for every day after the first during
which such offence continues.
37. Inapplicability of section 556 of the Code of Criminal Procedure, 1898, to trials of
offences.— No Judge or Magistrate shall be deemed, within the meaning of section 556 of the Code of
Criminal Procedure, 1898 (5 of 1898)3
, to be a party to, or personally interested in, any prosecution for an
offence constituted by or under this Act merely because he is a member of the Cantonment 4
[Board] or
has ordered or approved the prosecution.
38. Protection to persons acting under Act.— No suit or other legal proceeding shall lie against any
person for anything in good faith done, or intended to be done, under this Act or in pursuance of any
lawful notice or order issued under this Act.
39. [Repeals.] Rep. by the Repealing Act, 1927 (12 of 1927), s. 2 and Schedule.
THE SCHEDULE.—[Enactments Repealed.] Rep. by s. 2 and Schedule ibid.