PART IX CANTON MENTS AND P ROTECTED AREAS 89 Declaration of cantonments The Minister may, by notice in a statutory instrument, declare any area or place to be a cantonment for the purposes of this Part: Provided that the powers conferred by this section shall not include the power to acquire, whether compulsorily or by agreement, any Communal Land or any interest in or right over Communal Land, otherwise than in accordance with the Communal Land Act [ Chapter 20:04]. 90 Prohibition of entry into cantonments (1) No person s hall enter a cantonment except a person who is— (a) a member of the Regular Force or of any other Military Forces; or (b) the wife or child of a person referred to in paragraph (a ) who is residing in the cantonment or any other member of his family if such other member resides in the cantonment; or (c) a member of a Reserve Force who enters a cantonment in the course of any service, duty or training under this Act; or (d) employed by the State or acting under the orders of the Minister and who enters a cantonment in the course of his duty; or (e) permanently residing within the cantonment at the time of the publication of the notice referred to in section eighty-nine; or (f) a person or member of a class of persons authorized to enter the cantonment under subsection (1) of section ninety-one. (2 ) Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment. [Subsection amended by s. 4 of Act 22/2001] 91 Authority to enter cantonments (1) The officer in command of a cantonment may, in writing, authorize any person or class of persons to enter that cantonment on such conditions as shall be specified in such authority. (2) Any authority issued under subsection (1) may, in writing, at any time be amended or rescinded by the officer in command of the cantonment in respect of which the authority was issued. (3) Any person or member of a class of persons to whom authority has been granted in terms of this section who contravenes or fails to comply with any condition of such authority shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding s ix months or to both such fine and such imprisonment. [Subsection amended by s. 4 of Act 22/2001] 92 Right of way and loitering (1) Notwithstanding anything to the contrary contained in this Part, where any road to which the public has right of access passes through a cantonment, any member of the public may use such road. (2) Any person, other than a person referred to in subsection (1) of section ninety, who, without reasonable cause, the proof whereof lies upon him— (a) within a cantonment leaves, or loiters on, any road referred to in subsection (1); or (b) loiters outside a cantonment within ten metres of the demarcated boundary thereof; shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment. [Subsection amended by s. 4 of Act 22/2001] (3) In any prosecution for a contravention of subsection (2) it shall be presumed, unless the contrary is proved, that the accused was a person other than a person referred to in subsection (1) of section ninety. 93 Cantonment police (1) The officer in command of a cantonment may appoint members of the Defence Forces or other Military Forces as cantonment police. (2) Any member of the cantonment police shall, in respect of any offence committed within a cantonment, have the powers of arrest and detention conferred upon a peace officer under Part V of the Criminal Procedure and Evidence Act [Chapter 9:07 ]. (3) In addition to the powers conferred upon him by subsection (2), any member of the cantonment police shall have power to arrest without warrant, within a cantonment or outside a cantonment within a distance of two kilometres of the boundary thereof, any person whom he has reasonable ground to suspect of having contravened any of the provisions of this Part.

Select target paragraph3

Add to table of contents