Section 336 of The Cantonments Act, 2006 in hindi
Where any person has incurred a penalty by reason of having caused any damage to the property of a Board, he shall be liable to make good such damage, and the amount payable in respect of the damage shall, in case of dispute, be determined by the Judicial Magistrate by whom the person incurring such penalty is convicted, and, on non-payment of such amount on demand, the same shall be recovered either by the distress and sale of the movable property of such person, or by the attachment and sale of the immovable property of that person, or by both these methods and the Judicial Magistrate shall recover the amount in accordance with the provisions of sections 421 and 422 of the Code of Criminal Procedure, 1973 (2 of 1974) as if it were a fine recoverable under a sentence passed by him.
Summary
- This provision ensures that anyone penalized for damaging Cantonment Board property must pay to fix the damage.
- If there is an argument about the amount to be paid, the Judicial Magistrate who convicted the person will determine the final cost.
- If the person fails to pay the amount when asked, the authorities can seize and sell their movable or immovable property.
- The Judicial Magistrate recovers the money using specific recovery rules from the Code of Criminal Procedure.
- The recovered amount is legally treated exactly like a court fine.
Practical examples
FAQ
1. Who decides the cost of damaged property if there is an argument under Section 336 of The Cantonments Act, 2006?
Under Section 336 of the Act, if there is a dispute, the amount payable is determined by the Judicial Magistrate who convicted the person.
2. How does the Board get its money if the offender refuses to pay under Section 336 of the Cantonment law?
Under Section 336 of the local defence laws, the money is recovered by seizing and selling the offender's movable property, immovable property, or both.
3. Does the law treat the damage cost as a normal debt under Section 336 of The Cantonments Act, 2006?
No. Under Section 336 of the Act, the Judicial Magistrate recovers the amount as if it were a criminal fine under the Code of Criminal Procedure, 1973.
Test yourself
Q1.Under Section 336 of The Cantonments Act, 2006, what happens if a person disputes the cost of the damage they caused?
Q2.Under Section 336 of the Cantonment rules, what property can be sold to recover unpaid damage costs?
Q3.Which procedural law is referenced in Section 336 of The Cantonments Act, 2006 for recovering the damage costs?
Q4.Under Section 336 of the defence property law, how is the unpaid damage amount legally treated during recovery?