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INDIAN BARE ACTS

CANTONMENTS ACT 1924

CANTONMENTS ACT 1924

THE CANTONMENTS ACT, 1924

ACT NO. 2 OF 1924 1*

[16th February, 1924.]

An Act to consolidate and amend the law relating to the administration of cantonments. CHAP PRELIMINARY CHAPTER I PRELIMINARY

Short title, extent and commencement.

1. Short title, extent and commencement.- (1) This Act may be called the Cantonments Act, 1924.

(2) It extends to the whole of India 2*** 3***.

(3) The Central Government may, by notification in the Official Gazette, direct that this Act, or any provisions thereof which it may specify, shall come into force on such 4*date as it may appoint in this behalf.

Definitions. 2. Definitions.- In this Act, unless there is anything repugnant in the subject or context,– (i) “Assistant Health Officer” means the medical officer appointed by the 5*[Officer Commanding-in-Chief, the Command,] to be the Assistant Health Officer for a cantonment; (ii) “Board” means a Cantonment Board constituted under this Act; 6*[(iia) “boundary wall” means a wall which abuts on a street and which does not exceed 7*[two and a half metres in height] . 8* * * * * ———————————————————————- 1. The Act comes into force in Pondicherry vide Reg. 7 of 1963, s. 3 and Sch. I (w.e.f. 1-10-1963). 2. The words “except Part B States” were omitted by Act 53 of 1950. s. 4. 3. The words “including British Baluchistan” were rep. by the A. O.

5. Subs. by Act 35 of 1926, s. 2, for “Officer Commanding the District”. 6. Ins. by Act 2 of 1954, s. 2. 7. Subs by Act 15 of 1983, s. 2, for “oight feet in height” (w.e.f. 1-10-1983). 8. Cl. (iii) omitted by s. 2, ibid. (w.e.f. 1-10-1983). 32 1*[(iv) “building” means a house, outhouse, stable, latrine, shed, hut or other roofed structure whether of masonry, brick, wood, mud, metal or other material, and any part thereof, and includes a well and a wall 2*[(other than a boundary wall)] but does not include a tent or other portable and temporary shelter;] 3* * * * * (vi) “causal election” means an election held to fill a casual vacancy; (vii) “casual vacancy” means a vacancy occurring otherwise than by efflux of time in the office of an elected member of a Board 4*[and includes a vacancy in such office, arising under sub-section (1A) of section 17] 4*[(viia) “civil area” means an area declared to be a civil area by the Central Government under section 43A; (viib) “civil area committee” means a committee appointed under section 43A;] (viii) “Command” means one of the Commands into which India is for military purposes for the time being divided, and includes any area which the Central Government may, by notification in the Official Gazette, declare to be a Command for all or any of the purposes of this Act; 5* * * * * (x) “dairy” includes any farm, cattle-shed, milk-store, milk-shop or other place from which milk is supplied or in which milk is kept for purposes of sale or is manufactured for sale into butter, ghee, cheese or curds, and, in relation to a dairyman who does not occupy any premises for the sale of milk, includes any place in which he keeps the vessels used by him for the storage or sale of milk; (xi) “dairyman” includes the keeper of a cow, buffalo, goat, ass or other animal, the milk of which is offered or is intended to be offered for sale for human consumption, and any purveyor of milk and any occupier of a dairy; 4*[(xia) “Defence Estates Officer” means the officer appointed by the Central Government to perform the duties of the Defence Estates Officer for the purposes of this Act and the rules made thereunder; (xib) “Director” means the officer appointed by the Central Government to perform the duties of the Director, Defence Lands and Cantonments, the Command, for the purposes of this Act and the rules made thereunder and includes the Joint Director;] 6*[7*(xic)] “entitled consumer” means a person in a cantonment who is paid from the Defence Services Estimates and is authorised by general or special order of the Central Government to receive a supply of water for domestic purposes from the Military Engineer Services or the Public Works Department on such terms and conditions as may be specified in the order;] ——————————————————————— 1. Subs. by Act 24 of 1936, s. 2, for the original clause. 2. Subs. by Act 2 of 1954, s. 2, for “(other than a boundary wall not exceeding eight feet in height and not abutting on a street)”. 3. Cl. (v) was rep. by Act 24 of 1936, s. 2. 4. Ins. by Act 15 of 1983, s. 2 (w.e.f. 1-10-1983). 5. Cl. (ix) was rep. by Act 12 of 1935, s. 2 and Sch. I. 6. Ins. by Act 24 of 1936, s. 2. 7. Cl. (Xia) renumbered as d (xic) by Act 15 of 1983, s. 2 (w.e.f. 1-10-1983). 33 (xii) “Executive Engineer” means 1*[the Officer of the Military Engineer Services of that grade], having charge of the military works in a cantonment 2*[or where more than one such officer has charge of the military works in a cantonment such one of those officers as the Officer Commanding the station may designate in this behalf], and includes the officer of whatever grade in immediate executive engineering charge of a cantonment; (xiii) “Executive Officer” means the person appointed under this Act to be the Executive Officer of a cantonment; 3*[(xiiia) “factory” means a factory as defined in clause (m) of section 2 of the Factories Act, 1948 (63 of 1948); (xiiib) “Forces” means the Army, Navy and Air Force or any part of any one or more of them;] (xiv) “Health Officer” means the senior executive medical officer in military employ on duty in a cantonment; 4*[(xv) “hospital” includes family welfare centre, child welfare centre, maternity centre and health centre;] (xvi) “hut” means any building, no material portion of which above the plinth level is constructed of masonry or of squared timber framing or of iron framing; (xvii) “infectious or contagious disease” means cholera, leprosy, enteric fever, small-pox, tuberculosis, diphtheria, plague, influenza, venereal disease, and any other epidemic, endemic or infectious disease which the 5*[Central Government] may, be notification in the Official Gazette, declare to be, an infectious or contagious disease for the purposes of this Act; (xviii) “inhabitant”, in relation to a cantonment, or local area, means any person ordinarily residing or carrying on business or owning or occupying immovable property therein, and in case of a dispute means any person declared by the District Magistrate to be an inhabitant; (xix) “intoxicating drug” means opium, ganja, bhang, charas and any preparation or admixture thereof, and includes any other intoxicating substance, or liquid which the 5*[Central Government] 6* may by notification in the Official Gazette, declare to be an intoxicating drug for the purposes of this Act; 3*[(xixa) “lower grade employee” means daftry, peon, bhisti, mali lamp-lighter, chowkidar, mazdoor or safaiwala or any other employee declared by the Central Government to be a lower grade employee for the purposes of this Act;] 7*[`(xx) “market” includes any place where persons assemble for the sale of, or for the purpose of exposing for sale, meat, fish, fruits, vegetables, animals intended for human food or any other articles of human food whatsoever, with or without the consent of the owner of such place notwithstanding that there may be no common regulation for the concourse of buyers and sellers and whether or not any control is exercised over the business of, or the persons frequenting, the market by the owner of the place or by any other person, but shall not include a single shop or group of shops not being more than six in number and shops within unit lines;’] ———————————————————————- 1. Subs. by Act 15 of 1983, s. 2, for certain words (w.e.f. 1-10-1983). 2. Ins. by Act 24 of 1936, s. 2. 3. Ins. by Act 15 of 1983, s. 2 (w.e.f. 1-10-1983). 4. Cl. (xv) was rep. by Act 24 of 1936, s. 2. and Ins. by act 15 of s. 2, (w.e.f. 1-10-1983). 5. Subs. by the A. O. 1937, for “L. G.” 6. The words “with the previous sanction of the G. G. in C.” were rep. by Act 7 of 1925, s. 2. 7. Subs. by Act 15 of 1983, s. 2, for cl. (xx) (w.e.f. 1-10-1983). 34 1* * * * * 2*[`(xxi) “military officer” means a person who, being an officer within the meaning of the Army Act, 1950 (46 of 1950), the Navy Act, 1957 (62 of 1957) or the Air Force Act, 1950 (46 of 1950), is commissioned, gazetted or in pay as an officer doing army, naval or air force duty with the army, navy or air force, or is an officer doing such duty in any arm, branch or part of any of those forces; (xxii) “nuisance” includes any act, omission, place, animal or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell or hearing or disturbance to rest or sleep, or which is or may be dangerous to life or injurious to health or property;’] (xxiii) “occupier” includes an owner in occupation of, or otherwise using his own land or building; 3*[(xxiv) “Officer Commanding the Area” means the Officer Commanding any one of the areas into which India is for military purposes for the time being divided, or any sub-area which does not form part of any such area, or any area which the Central Government may, by notification in the Official Gazette, declare to be an area for all or any of the purposes of this Act;’] 4*[(xxiva) “Officer Commanding the station” means the military officer for the time being in command of the forces in a cantonment, or, if that officer is the Officer Commanding the 5*[Area] or Officer Commanding- in-Chief, the Command, the military officer who would be in command of ———————————————————————- 1. Cl. (xxa) omitted by Act 15 of 1983, s. 2 (w.e.f. 1-10-1983). 2. Subs. by s. 2, for cls (xxi) and (xxii) (w.e.f. 1-10-1983). 3. Subs. by Act 15 of 1983, s. 2 for cl (xxii) (w.e.f. 1-10-1983). 4. Ins. by Act 12 of 1935, s. 2 and Sch. I. 5. Subs. by Act 15 of 1983, s. 2, for “district” (w.e.f. 1-10-1983). 35 those forces in the absence of the Officer Commanding the [Area] 1* and Officer Commanding-in-Chief, the Command;] (xxv) “ordinary election” means an election held to fill a vacancy in the office of an elected member of a Board arising by efflux of time; (xxvi) “owner” includes any person who is receiving or is entitled to receive the rent of any building or land whether on his own account or on behalf of himself and others or an agent or trustee, or who would so receive the rent or be entitled to receive it if the building or land were let to a tenant; (xxvii) “party wall” means a wall forming part of a building and used or constructed to be used for the support or separation of adjoining buildings belonging to different owners, or constructed or adapted to be occupied by different persons; (xxviii) “private market” means a market which is not maintained by a 2*[Board] and which is licensed by a 2*[Board] under the provisions of this Act; (xxix) “private slaughter-house” means a slaughter-house which is not maintained by a 2*[Board] and which is licensed by a 2*[Board] under the provisions of this Act; (xxx) “public market” means a market maintained by a 2*[Board]; (xxxi) “public place” means any place which is open to the use and enjoyment of the public, whether it is actually used or enjoyed by the public or not; (xxxii) “public slaughter-house” means a slaughter-house maintained by a 2*[Board]; 3*[(xxxiia) a person is deemed to reside in a cantonment if he maintains therein a house or a portion of a house which is at all times available for occupation by himself or his family even though he may himself reside elsewhere, provided that he has not abandoned all intention of again occupying such house either by himself or his family;] (xxxiii) “shed” means a slight or temporary structure for shade or shelter; ———————————————————————- 1. Subs. by Act 15 of 1983, s. 2, for “district” (w.e.f. 1-10-1983). 2. Subs. by Act 24 of 1936, s. 69, for “Cantonment Authority”. 3. Ins. by s. 2, ibid. 36 (xxxiv) “slaughter-house” means any place ordinarily used for the slaughter of animals for the purpose of selling the flesh thereof for human consumption; 1*[`(xxxv) “soldier” means any person who is a soldier or a sailor or an airman subject to the Army Act, 1950 (45 of 1950), the Navy Act, 1957 (62 of 1957) or the Air Force Act, 1950 (46 of 1950) , as the case may be, and who is not a military officer;] (xxxvi) “spirituous liquor” means any fermented liquor, any wine, or any alcoholic liquid obtained by distillation or the sap of any kind of palm tree, and includes any other liquid containing alcohol which the 2*[Central Government] 3* may by notification in the Official Gazette, declare to be a spirituous liquor for the purposes of this Act; (xxxvii) “street” includes any way, road, lane, square, court, alley 4*[or passage] in a cantonment, whether a thoroughfare or not and whether built upon or not, over which the public have a right-of-way and also the road- way or footway over any bridge or causeway; 5*[`(xxxviia) “sub-area” means one of the sub-areas into which India is for military purposes for the time being divided, and includes, for all or any of the purposes of this Act, any territory which the Central Government may, by notification in the Official Gazette, declare to be a sub-area for such purposes;’] (xxxviii) “vehicle” means a wheeled conveyance of any description which is capable of being used on a street, and includes a motor-car, motor lorry, motor omnibus, cart, locomotive, tram-car, hand-cart, truck, motor- cycle, bicycle, tricycle and rickshaw; 6*** (xxxix) “water-works” includes all lakes, tanks, streams, cisterns, springs, pumps, wells, reservoirs, aqueducts, water-trucks, sluices, mains, pipes, culverts, hydrants, stand-pipes, and conduits, and all machinery, lands, buildings, bridges and things, used for, or intended for the purpose of, supplying water to a cantonment; 7*[and (xl) “year” means the year commencing on the first day of April.] 2A.

[Repealed.]

2A. [Rule of construction.] Rep. by the Cantonments (Amendment) Act, 1954 (2 of 1954), s. 3. ———————————————————————- 1. Subs. by Act 15 of 1983, s. 2, for cl. (xxxv) (w.e.f. 1-10-1983). 2. Subs. by the A. O. 1937, for “L. G.” 3. The words “with the previous sanction of the G. G. in C.” were rep. by Act 7 of 1925, s. 2. 4 Subs. by Act 24 of 1936, s. 2, for “passage or open space”. 5. Ins by Act 15 of 1983, s. 2 (w.e.f. 1-10-1983). 6. The word “and” was rep. by Act 24 of 1936 s. 2, ibid. 7 Ins. by s. 2, ibid. 37 CHAP DEFINITION AND DELIMITATION OF CANTONMENTS CHAPTER II DEFINITION AND DELIMITATION OF CANTONMENTS

Defintion of cantonments.

3. Definition of cantonments.- (1) The 1*[Central Government] 2*** may, by notification in the Official Gazette, declare any place or places in which any part of 3*[the forces] is quartered or which, being in the vicinity of any such place or places, is or are required for the service of such forces to be a cantonment for the purposes of this Act and of all other enactments for the time being in force, and 4* may, by a like notification, declare that any cantonment shall cease to be a cantonment.

(2) The 1*[Central Government] 4* may, by a like notification, define the limits of any cantonment for the aforesaid purposes.

5*[(3) When any place is declared a cantonment for the first time, the Central Government may, until a Board is constituted in accordance with the provisions of this Act, by order make any provision which appears necessary to it either for the administration of the cantonment or for the constitution of the Board.]

6*[(4) The Central Government may, by notification in the Official Gazette, direct that in any place declared a cantonment under

subsection (1) the provisions of any enactment relating to local self- government other than this Act shall have effect only to such extent or subject to such modifications, or that any authority constituted under any such enactment shall exercise authority only to such extent, as may be specified in the notification.]

Alteration of limits of cantonments.

4. Alteration of limits of cantonments. (1) The 1*[Central Government] 2* may 7*[after consulting the State Government and the Board concerned], by notification in the Official Gazette, declare its intention to include within 8*[the cantonment] any local area situated in the 9* vicinity thereof or to exclude from 8*[the cantonment] any local area comprised therein.

(2) Any inhabitant of a cantonment or local area in respect of

which a notification has been published under sub-section (1) may, within six weeks from the date of the notification, submit in writing to the 1*[Central Government] through the Officer Commanding-in- Chief, ———————————————————————- 1. Subs. by the A. O. 1937, for “L. G.” 2. The words “with the previous sanction of the G. G. in C.” were rep. by the A. O. 1937. 3. Subs. by Act 15 of 1983, s. 3, for certaain words (w.e.f. 1-10-1983). 4. The words “with the like sanction” were rep. by the A. O. 1937. 5. Ins. by Act 24 of 1936, s. 3. 6. Ins. by Act 8 of 1944, s. 2. 7. Ins. by Act 2 of 1954, s. 4. 8. Subs., ibid., for “a cantonment”. 9. The words “immediate” was rep. by Act 26 of 1927, s. 2. 38 the Command, an objection to the notification, and the 1*[Central Government] shall take such objection into consideration.

(3) On the expiry of six weeks from the date of the notification, the 1*[Central Government] may 2*** after considering the objections, if

any, which have been submitted under sub-section (2), by notification in the Official Gazette, include the local area in respect of which

the notification was published under sub-section (1), or any part thereof, in the cantonment or, as the case may be, exclude such area or any part thereof from the cantonment.

The effect of including area in cantonment. 5. The effect of including area in cantonment.- When, by a notification under section 4, any local area is included in a cantonment such area shall thereupon become subject to this Act and to all other enactments for the time being in force throughout the cantonment and to all notifications, rules, regulations, bye-laws, orders and directions issued or made thereunder.

Disposal of cantonment fund when area ceases to be a cantonment. 6. Disposal of cantonment fund when area ceases to be a

cantonment.- (1) When, by a notification under section 3, any cantonment ceases to be a cantonment and the local area comprised therein is immediately placed under the control of a local authority, the balance of the cantonment fund and other property vesting in the 3*[Board] shall vest in such local authority, and the liabilities of the 3*[Board] shall be transferred to such local authority.

(2) When, in like manner, any cantonment ceases to be a cantonment and the local area comprised therein is not immediately placed under the control of a local authority, the balance of the cantonment fund and other property vesting in the 3*[Board] shall vest in Government, and the liabilities of the 3*[Board] shall be transferred to the 4*[Central Government].

Disposal of cantonment fund when area ceases to be included in acantonment. 7. Disposal of cantonment fund when area ceases to be included in

a cantonment.- (1) When, by a notification under section 4, any local area forming part of a cantonment ceases to be under the control of a particular 3*[Board] and is immediately placed under the control of some other local authority, such portion of the cantonment fund and other property vesting in the 3*[Board] and such portion of the liabilities of the 3*[Board], as the Central Government may, by general or special order, direct, shall be transferred to that other local authority.

(2) When, in like manner, any local area forming part of a cantonment ceases to be under the control of a particular 3*[Board] and is not immediately placed under the control of some other local authority, such portion of the cantonment fund and other property ———————————————————————- 1. Subs. by the A. O. 1937, for “L. G.” 2. The words “with the previous sanction of the G. G. in C.” were rep. by the A. O. 1937. 3. Subs. by Act 24 of 1936, s. 69, for “Cantonment Authority”. 4. Subs. by the A. O. 1937, for “Secretary of State in Council”. 39 vesting in the 1*[Board] shall vest in Government, and such portion of the liabilities of the 1*[Board] shall be transferred to the 2*[Central Government], as the Central Government may, by general or special order, direct.

Application of funds and property transferred under sections 6 and 7. 8. Application of funds and property transferred under sections 6 and 7.- Any cantonment fund or portion of a cantonment fund or other property of a 1*[Board] vesting in Government under the provisions of section 6 or section 7 shall be applied in the first place to satisfy any liabilities of the 1*[Board] transferred under such provisions to the 2*[Central Government], and in the second place for the benefit of the inhabitants of the local area which has ceased to be a cantonment or, as the case may be, part of a cantonment.

Limitation of operation of Act. 9. Limitation of operation of Act.- The 3*[Central Government] may, 4* by notification in the Official Gazette, exclude from the operation of any part of this Act the whole or any part of a cantonment, or direct that any provision of this Act shall, in the case of any cantonment– 5*[(a) situated within the limits of a Presidency-town; or (b) in which the Board is superseded under section 54.] apply with such modifications as may be so specified. CHAP CANTONMENT BOARDS CHAPTER III 6*[CANTONMENT BOARDS] Boards

Cantonment Board and Executive Officer. 7*[10. Cantonment Board and Executive Officer. For every cantonment there shall be a Cantonment Board 8***.]

Incorporation of Cantonment Board. 8*[11. Incorporation of Cantonment Board.- Every Board shall, by the name of the place by reference to which the cantonment is known, be a body corporate having perpetual succession and a common seal with power to acquire and hold property both movable and immovable and to contract and shall, by the said name, sue and be sued.] ———————————————————————- 1. Subs. by Act 24 of 1936, s. 69, for “Cantonment Authority”. 2. Subs. by the A. O. 1937, for “Secretary of State in Council”. 3. Subs. by the A. O. 1937, for “L.G.” 4. The words “with the previous sanction of the G. G. in C.” were rep. by the A. O. 1937. 5. Subs. by Act 24 of 1936, s. 4, for “specified in the notification in which there is no Board”. 6. Subs. by Act 34 of 1939, s. 2 and Sch. I, for “Boards and Cantonment Boards”. 7. Subs. by s. 5, ibid., for the original section. 8. Certain words omitted by Act 15 of 1983, s. 4 (w.e.f. 1-10-1983). 9. Subs. by Act 24 of 1936, s. 5, for the original section. 40 1* * * * *

Constitution of Cantonment Boards.

2*[13. Constitution of Cantonment Boards.- (1) Cantonments shall be divided into three classes, namely:– (i) Class I Cantonments, in which the civil population exceeds ten thousand; (ii) Class II Cantonments, in which the civil population exceeds two thousand five hundred, but does not exceed ten thousand; and (iii) Class III Cantonments, in which the civil population does not exceed two thousand five hundred: 3* * * * * ———————————————————————- 1. S. 12 omitted by Act 15 of 1983, s. 5 (w.e.f. 1-10-1983). 2. Subs. by Act 24 of 1936, s. 5, for the original section. 3. The proviso was, rep. by the A. O. 1948. 41

(2) For the purposes of sub-section (1), the civil population shall be calculated in accordance with the latest official census, or, if the Central Government, by general or special order, so directs, in accordance with a special census taken for the purpose.

(3) In Class I Cantonments, the Board shall consist of the following members, namely:– (a) the Officer Commanding the station or, if the Central Government so directs in respect of any cantonment, such other military officer as may be nominated in his place by the Officer Commanding-in-Chief, the Command; (b) 1*[an executive Megistrate] nominated by the District Magistrate; (c) the Health Officer; (d) the Executive Engineer; (e) (i) in cantonments of which the civil population exceeds seven thousand five hundred, three military officers, (ii) in cantonments of which the civil population exceeds five thousand, but does not exceed seven thousand five hundred, two military officers, 2*[(iii) in cantonments of which the civil population does not exceed five thousand, one military officer,] nominated by name by the Officer Commanding the station by order in writing; (f) such number of members elected under this Act as is equal to the number of members constituted or nominated by or under clauses (b) to (e). ———————————————————————- 1. Subs. by Act 15 of 1983, s. 6, for certain words (w.e.f. 1-10-1983). 2. Subs. by the A. O. 1950, for the former clause. 42

(5) In Class III Cantonments, the Board shall consist of the following members, namely:– (a) the Officer Commanding the station, or if the Central Government so directs in respect of any cantonment, such other military officer as may be nominated in his place by the Officer Commanding-in-Chief, the Command; (b) one military officer nominated by name by the Officer Commanding the station by order in writing; (c) one member elected under this Act.

(6) The Officer Commanding the station may, if he thinks fit, with the sanction of the Officer Commanding-in-Chief, the Command, nominate in place of any military officer whom he is empowered to

nominate under clause (e) of sub-section (3), clause (e) of sub-

section (4) or clause (b) of sub-section (5), any person, whether in the service of the government or not, who is ordinarily resident in the cantonment or in the vicinity thereof.

(7) Every election or nomination of a member of a Board and every vacancy in the membership thereof shall be notified by the 1*[Central Government] in the Official Gazette.]

Power to vary constitution of Boards in special circumstances. 2*[14. Power to vary constitution of Boards in special

circumstances.- (1) Notwithstanding anything contained in section 13, if the Central Government is satisfied– (a) that, by reason of military operations it is necessary, or (b) 3* that, for the administration of the cantonment, it is desirable, to vary the constitution of the Board in any cantonment under this section, the Central Government may, by notification in the Official Gazette, make a declaration to that effect.

(2) Upon the making of a declaration under sub-section (1), the Board in the cantonment shall consist of the following members, namely:– (a) the Officer Commanding the station; (b) one military officer nominated by name by the Officer Commanding the station by order in writing; 4*[(c) one member, not being a person in the service of the Government, nominated by the Central Government in consultation with the Officer Commanding-in-Chief, the Command.] ———————————————————————- 1. Subs. by the A. O. 1937, for “L. G.” 2. Subs. by Act 24 of 1936, s. 5, for the former section. 3. The words “after consultation with the L. G.” were rep. by the A. O. 1937. 4. Subs. by Act 15 of 1983, s. 7, for cl. (c), (w.e.f. 1-10-1983). 43

(3) Every nomination of a member of a Board constituted under this section, and every vacancy in the membership thereof, shall be notified by the 1*[Central Government] in the Official Gazette.

(4) The term of office of a Board constituted by a declaration

under sub-section (1) shall not ordinarily extend beyond one year; Provided that the Central Government may from time to time, by a like declaration, extend the term of office of such a Board by any period not exceeding one year at a time: Provided also that the Central Government shall forthwith direct that the term of office of such a Board shall cease if, in the opinion of the Central Government, the reasons stated in the declaration whereby such Board was constituted, or its term of office was extended, have ceased to exist.

(5) When the term of office of a Board constituted under this section has expired or ceased, the Board shall be replaced by the

former Board which, but for the declaration under sub-section (1), would have continued to hold office, or, if the term of office of such former Board has expired, by a Board constituted under section 13.]

Term of office of members.

Term of office of members.- (1) Save as otherwise provided in this section, the term of office of a member of a Board shall be [five years] 2* and shall commence from the date of the notification of his

election or nomination under 3*[sub-section (7) of section 13], or from the date on which the vacancy has occurred in which he is elected or nominated, whichever date is later: 4*[Provided that the Central Government may, when satisfied that it is necessary in order to avoid administrative difficulty, extend the term of office of all the elected members of a Board by such period, not exceeding one year, as it thinks fit;] 5*[Provided further that a member whose term of office has been so extended, shall cease to hold office on the date of the

notification of the election of his successor under sub-section (7) of section 13.] 6* * * * *

(2) The term of office of an ex-officio member of a Board shall continue so long as he holds the office in virtue of which he is such a member.

(3) The term of office of a member elected to fill a casual vacancy shall commence from the 7*[date of the notification of his election], and shall continue so long only as the member in whose place he is elected would have been entitled to hold office if the vacancy had not occurred.

(4) An outgoing member shall, unless the 1*[Central Government] otherwise directs, continue in office until the election or nomination

of his successor is notified under 2*[sub-section (7) of section 13]. ———————————————————————- 1. Subs. by the A. O. 1937, for “L.G.”. 2. Subs. by Act 15 of 1983, s. 8, for “three years” (w.e.f. 1-10-1983).

3. Subs. by Act 24 of 1936, s. 6, for “sub-section (2) of section 14”. 4. Ins. by s. 6, ibid. 5. Ins. by Act 15 of 1983, s. 8 (w.e..f. 1-10-1983). 6. The proviso which had been inserted by Act 8 of 1944, s. 3, was rep. by Act 2 of 1948, s. 2 and Sch. 7. Subs. by Act 15 of 1983, s. 8, for certain words (w.e.f. 1-10-1983). 44

(5) Any outgoing member may, if qualified, be re-elected or re- nominated.

Filling of vacancies.

16. Filling of vacancies.- (1) Vacancies arising by efflux of time in the office of an elected member of a Board shall be filled by an ordinary election to be held on such date as the 1*[Central Government] may, by notification in the Official Gazette, direct.

(2) A casual vacancy shall be filled by a casual election the date of which shall be fixed by the 1*[Central Government] by notification in the Official Gazette, and shall be, as soon as may be, after the occurrence of the vacancy: Provided that no casual election shall be held to fill a vacancy occurring within 2*[six months] of any date on which the vacancy will occur by efflux of time, but such vacancy shall be filled at the next ordinary election.

Vacancies in special cases.

17. Vacancies in special cases.- (1) If from any cause at an ordinary election no member is elected, or if the elected member is unwilling to serve on the Board, the outgoing member shall, if qualified and willing to serve, be deemed to have been re-elected: 3*[Provided that where there are more outgoing members qualified and willing to serve than there are vacancies to be filled under this sub-section, the outgoing members so deemed to have been re-elected shall, failing agreement amongst such members, be determined by lot under the supervision of the President of the Board and in such manner as he may decide.] 4*[(1A) If a person is elected to more than one seat in a Board, then, unless he resigns all but one of the seats within fourteen days from the date on which he is declared elected, or where the dates on which he is declared elected are different in respect of different seats, from the last of such dates, all the seats shall become vacant.]

5*[(2) Vacancies arising in any of the following cases shall be filled by nomination by the Central Government after consultation with the Officer Commanding-in-Chief, the Command, namely:– (a) where at a casual election no member is elected; (b) where at an ordinary election no member or an insufficient number of members is elected, or an elected member is unwilling to serve on the Board and the outgoing member is not qualified or is not willing to serve or is dead or cannot be found within a reasonable time; (c) where at an election held when a Board is constituted for the first time no member or an insufficient number of members is elected or an elected member is unwilling to serve on the Board.] ———————————————————————- 1. Subs. by the A. O. 1937, for “L. G.” 2. Subs. by Act 15 of 1983, s, 9, fo0r “three months” (w.e.f. 1-10-1983). 3. Ins. by Act 15 of 1942, s. 2. 4. Ins. by Act 15 of 1983, s. 10 (w.e.f. 1-10-1983).

5. Subs. by Act 15 of 1942, s. 2, for the former sub-section (2). 45

1*[(3) For the purposes of sub-section (2) of section 16, a

member nominated in pursuance of sub-section (2) of this section shall, 2*[where there has been a division of the cantonment into wards, be deemed to have been elected by such ward], as the Central Government may at the time of making the nomination or at any time thereafter declare.]

3*[(4)] The term of office of a member nominated or deemed to have been re-elected under this section shall expire at the time at which it would have expired if he had been elected at the ordinary or casual election, as the case may be.

Oath of affirmation.

4*[18. Oath or affirmation.- (1) Every person who is by virtue of his office, or who is nominated or elected to be, a member of the Board shall, before taking his seat, make and subscribe at a meeting of the Board an oath or affirmation of his allegiance to the Constitution of India in the following form, namely:– become/I, A.B., having been elected/been nominated a member of this Board, do swear in the name of Good/solemnly/that I will bear true faith and allegiance to the Constitution of India as by law established and that I will faithfully discharge the duty upon which I am about to enter.”.

(2) If any such person fails to make and subscribed the oath or affirmation at one of the first two meetings held after the date of commencement of his term of office, the Central Government shall, by notification in the Official Gazette, declare his seat to be vacant: Provided that a meeting where the member is absent with the leave of the Board shall not be taken into account.]

Resignation.

19. Resignation.- 5*[(1) (a) Any elected member of a Board who wishes to resign his office may give his resignation in writing to the President of the Board who shall forward it for orders to the Central Government under intimation to the Officer Commanding-in-Chief, the Command. (b) Any nominated member of a Board who wishes to resign his office may forward his resignation in writing through the President of the Board to the Officer commanding-in-Cheif, the Command for orders.]

6*(2) It the [Central Government or the Officer Commanding-in- Cheif, the Command, as the case may be,] accepts the resignation, such acceptance shall be communicated to the Board, and thereupon the seat of the member resigning shall become vacant.

7*[(3) Notwithstanding any thing contained in sub-section (2), the resignation of any person elected to more than one seat in a Board from all but one of the seats in pursuance of sub-section (1A) of section 17 shall take effect when such resignation in received by the President of the Board.”]

President and Vice-President.

20. President and Vice-President.- (1) The 8*[Officer Commanding the station] 9*[if a member of the Board] shall be the President of the Board: ———————————————————————-

1 Sub-section (3) was inserted and the original sub-section (3) re-

numbered (4) by s. 2 Act 15 of 1942. 2 Subs. by the A. O 1948, for ‘Crown”. 3 Subs. by the A. O. 1948, for “His Majesty the King, Emperor of India, his heirs and successors”. 4 subs. by the A. O. 1937, for “L.G.” 5 Subs. by Act 7 of 1925, s. 14, for “Commanding Officer of the Cantonment”. 6 Ins. by Act 24 of 1936, s. 7. 7 Subs. by Act 15 of 1983, s. 10 (w.e.f. 1-10-1983). 8 Subs. by s. 11, ibid. (w.e.f. 1-10-1983). 9 Subs. of s. 12, ibid. (w.e.f. 1-10-1983). 46 1*[Provided that when a military office holding the office of President ceases to be the Officer commanding the station merely by reason of a 2*[temporary absence from the station for a period not exceeding thirty consecutive days], he shall not vacate the office of President.]

3*[(2) Where the officer Commanding the station is not a member of the Board, the military officer nominated in his place under clause

(a) of sub-section (3), sub-section (4) or sub-section (5) or section 13 shall be president of the Board.

(3) In every Board in which there is more than one elected member, there shall be a Vice-President elected by the elected members only and from among their number 4*[in accordance with such procedure as the Central Government may be rule prescribe.].]

Term of office of Vice-President.

21. Term of office of Vice-President.- 5*[(1) The term of office of a Vice-President shall be 6*[five years] or the residue of his term of office as a member, whichever is less.]

(2) A Vice-President may resign his office by notice in writing to the President and, on the resignation being accepted by the Board, the office shall become vacant.

7*[(3) A Vice-President may be removed from his office, at a special meeting convened for the purpose on a requisition for the same by not less than one-half of the elected members of the Board holding office, by a resolution passed by a majority of not less than two- thirds of the total number of elected members then holding office and attending and no member, other than an elected member, shall have the right to vote on the resolution.]

Duties of President.

22. Duties of President.- (1) It shall be the duty of the President of every Board– (a) unless prevented by reasonable cause, to convene and preside at all meetings of the Board and to regulate the conduct of business thereat; (b) 8*[Control, direct and supervise] the financial and executive administration of the Board; (c) to perform all the duties and exercise all the powers specifically imposed or conferred on the President by or under this Act; and (d) subject to any restrictions, limitations and conditions imposed by this Act, to exercise executive power for the purpose of carrying out the provisions of this Act and to be directly responsible for the fulfilment of the purposes of this Act.

(2) The President may, by order in writing, empower the Vice- President to exercise all or any of the powers and duties referred to

in clause (c) of sub-section (1) other than any power, duty or function which he is by resolution of the Board expressly forbidden to delegate.

(3) The exercise or discharge of any powers, duties or functions delegated by the President under this section shall be subject to such ———————————————————————- 1. Ins. by Act 26 of 1927, s. 3. 2. Subs. by Act, 15 of 1983, s. 13, for certain words (w.e.f. 1-10-1983). 3. Subs. by Act 24 of 1936, s. 7, for the original sub-section. 4. Ins. by Act 15 of 1942, s. 3. 5. Subs. by s. 8, ibid., for the original sub-section. 6. Subs. by Act 15 of 1983, s. 14, for “three years” (w.e.f. 1-10-1983). 7. Ins. by s. 14, ibid. (w.e.f. 1-10-1983). 8. Subs. by s. 15, ibid., for certain words (w.e.f. 1-10-1983). 47 restrictions, limitations and conditions, if any, as may be laid down by the President and to the control of, and to revision by, the President.

(4) Every order made under sub-section (2) shall forthwith be communicated to the Board and to the 1*[Officer Commanding-in-Chief, the Command].

Duties of Vice-President. 23. Duties of Vice-President.- It shall be the duty of the Vice- President of every Board– (a) in the absence of the President and unless prevented by reasonable cause, to preside at meetings of the Board and when so presiding to exercise the authority of the

President under sub-section (1) of section 22; (b) during the incapacity or temporary absence of the President or pending his appointment or succession, to perform any other duty and exercise any other power of the President; and (c) to exercise any power and perform any duty of the President which may be delegated to him under sub-

section (2) of section 22.

Appointment of Executive Officer.

2*[24. Appointment of Executive Officer.- (1) For every cantonment there shall be an Executive Officer appointed by the Central Government or by such person as the Central Government may authorise in this behalf: Provided that the Board may empower any of its members or officers to exercise or perform in the absence of the Executive Officer from the cantonment all or any of such powers or duties of an Executive Officer under this Act as the Central Government may, by notification in the Official Gazette, specify in this behalf. Explanation.–In this proviso, the word “officers” shall mean any of the supervisory staff of the Board as may be specified by the Board.

(2) Not less than one-half of the cost of the salary of the Executive Officer shall be paid by the Central Government and the balance from the cantonment fund.

(3) The Executive Officer shall be the Secretary of the Board and of every Committee of the Board and may participate in every meeting of the Board and of every Committee of the board but, shall not be a member of the Board or of any such Committee. 24A. Duties of Executive Officer. 24A. Duties of Executive Officer.- Subject to the provisions of

clause (b) and clause (d) of sub-section (1) of section 22, the Executive Officer shall– (a) exercise all the powers and perform all the duties conferred or imposed upon him by or under this Act or any other law for the time being in force; (b) prescribe the duties of, and exercise supervision and control over the acts and proceedings of, officers and other employees of the Board, other than medical officer in charge of the cantonment general hospital or dispensary; (c) be responsible for the custody of all records of the Board; (d) arrange for the performance of such duties relative to the proceedings of the Board or of any Committee of the Board or of any Committee of Arbitration constituted under this Act, as those bodies may respectively impose on him; (e) comply with every requisition of the Board on any matter pertaining to the administration of the cantonment.]

Special power of the Executive Officer. 25. Special power of the Executive Officer.- The Executive Officer may, in cases of emergency, direct the execution of any work or the doing of any Act which would ordinarily require the sanction of the 2*[Board] and the immediate execution or doing of which is, in his opinion, necessary for the service or safety of the public, and may direct that the expense of executing such work or doing such act shall be paid from the cantonment fund:–

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