Chapter II
DEFINITION AND DELIMITATION OF CANTONMENT
3. Definition of cantonments.
3. Definition of cantonments.—(1) The Central Government may, by notification in the Official Gazette, declare any place or places along with boundaries in which any part of 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 may, by a like notification, declare that any cantonment shall cease to be a cantonment.
(2) The Central Government may, by a like notification, define the limits of any cantonment for the aforesaid purposes.
(3) When any place is declared a cantonment under sub-section (1), the Central Government shall constitute a Board within a period of one year in accordance with the provisions of this Act:
Provided that the Central Government may, for the reasons to be recorded in writing, extend the said period of one year for a further period of six months at a time:
Provided further that the Central Government may, until a Board is constituted, by order make necessary provisions for the efficient administration of the cantonment.
(4) The Central Government may, by notification in the Official Gazette, direct that in any place declared a cantonment under sub-section (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.
4. Alteration of limits of cantonments.
4. Alteration of limits of cantonments.—(1) The Central Government may after consulting the State Government and the Board concerned, by notification in the Official Gazette, declare its intention to include within the cantonment any local area situated in the vicinity thereof or to exclude from the cantonment any local area comprised therein.
(2) Any inhabitant of a cantonment or local area in respect of which notification has been published under sub-section (1) may, within eight weeks from the date of notification, submit in writing to the Central Government through the General Officer Commanding-in-Chief, the Command, an objection to the notification, and the Central Government shall take such objection into consideration.
(3) On the expiry of eight weeks from the date of the notification, the Central Government may 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.
5. 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.
6. Disposal of cantonment fund and cantonment development fund when area ceases to be a cantonment.
6. Disposal of cantonment fund and cantonment development 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 or the cantonment development fund and other property vesting in the Board shall vest in such local authority, and the liabilities of the 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 or the cantonment development fund and other property vesting in the Board shall vest in the Central Government, and the liabilities of the Board shall be transferred to that Government.
7. Disposal of cantonment fund and cantonment development fund when area ceases to be included in a cantonment.
7. Disposal of cantonment fund and cantonment development 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 Board and is immediately placed under the control of some other local authority, such portion of the cantonment fund or the cantonment development fund and other property vesting in the Board and such portion of the liabilities of the 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 Board and is not immediately placed under the control of some other local authority; such portion of the cantonment fund or the cantonment development fund and other property vesting in the Board shall vest in the Central Government, and such portion of the liabilities of the Board shall be transferred to that Government, as the Central Government may, by general or special order, direct.
8. 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 a cantonment development fund or a portion thereof or other property of a Board vesting in the Central Government under the provisions of Section 6 or Section 7 shall be applied in the first place to satisfy any liabilities of the Board transferred under such provisions to that 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.
9. Limitation of operation of Act.
9. Limitation of operation of Act.—The Central Government may, 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—
(a) situated within the limits of a metropolitan area; or
(b) in which the Board is superseded under Section 60,
apply with such modification as may be so specified.
Chapter III
CANTONMENT BOARD
Boards
10. Cantonment Board.
10. Cantonment Board.—(1) For every cantonment there shall be a Cantonment Board.
(2) Every Board shall be deemed to be a municipality under clause (e) of Article 243-P of the Constitution for the purposes of—
(a) receiving grants and allocations; or
(b) implementing the Central Government schemes of social welfare, public health, hygiene, safety, water supply, sanitation, urban renewal and education.
11. Incorporation of Cantonment Board.
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.
12. Constitution of Cantonment Boards.
12. Constitution of Cantonment Boards.—(1) Cantonments shall be divided into four categories, namely:—
(i) Category I Cantonments, in which the population exceeds fifty thousand;
(ii) Category II Cantonments, in which the population exceeds ten thousand, but does not exceed fifty thousand;
(iii) Category III Cantonments, in which the population exceeds two thousand five hundred, but does not exceed ten thousand; and
(iv) Category IV Cantonments, in which the population does not exceed two thousand five hundred.
(2) For the purposes of sub-section (1), the 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 Category I Cantonments, the Board shall consist of the following members, namely:—
(a) the Officer Commanding the station as ex officio 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 General Officer Commanding-in-Chief, the Command;
(b) the District Magistrate or an Executive Magistrate not below the rank of Additional District Magistrate nominated by him;
(c) the Chief Executive Officer;
(d) the Health Officer ex officio;
(e) the Executive Engineer ex officio;
(f) three military officers nominated by name by the Officer Commanding the station by order in writing;
(g) eight members elected under this Act.
(4) In Category II Cantonments, the Board shall consist of the following members, namely:—
(a) the Officer Commanding the station as ex officio 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 General Officer Commanding-in-Chief, the Command;
(b) the District Magistrate or an Executive Magistrate not below the rank of Additional District Magistrate nominated by him;
(c) the Chief Executive Officer;
(d) the Health Officer ex officio;
(e) the Executive Engineer ex officio;
(f) two military officers nominated by name by the Officer Commanding the station by order in writing;
(g) seven members elected under this Act.
(5) In Category III Cantonments, the Board shall consist of the following members, namely:—
(a) the Officer Commanding the station as ex officio 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 General Officer Commanding-in-Chief, the Command;
(b) the District Magistrate or an Executive Magistrate nominated by him;
(c) the Chief Executive Officer;
(d) the Health Officer ex officio;
(e) the Executive Engineer ex officio;
(f) one military officer nominated by name by the Officer Commanding the station by order in writing;
(g) six members elected under this Act.
(6) In Category IV Cantonments, the Board shall consist of the following members, namely:—
(a) the Officer Commanding the station ex officio 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 General Officer Commanding-in-Chief, the Command;
(b) the Chief Executive Officer;
(c) two members elected under this Act.
(7) The Officer Commanding the station may, if he thinks fit, with the sanction of the General Officer Commanding-in-Chief, the Command, nominate in place of any military officer whom he is empowered to nominate under clause (f) of sub-section (3), clause (f) of sub-section (4) or clause (f) 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.
(8) Every election or nomination of a member of a Board and every vacancy in the elected membership thereof shall be notified by the Central Government in the Official Gazette;
(9) The Member of Parliament and Member of Legislative Assembly representing constituencies which comprises wholly or partly the cantonment area, shall be special invitees for the meetings of the Board but without a right to vote.
13. Power to vary constitution of Boards in special circumstances.
13. Power to vary constitution of Boards in special circumstances.—(1) Notwithstanding anything contained in Section 12, if the Central Government is satisfied,—
(a) that by reason of military operations, it is necessary, or
(b) 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) the Chief Executive Officer, and
(c) one member, not being a person in the service of the Government, nominated by the Central Government in constitution with the General Officer Commanding-in-Chief, the Command.
(3) The nomination of a member of a Board constituted under this section, and the vacancy in the membership thereof shall be notified by the 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) or sub-section (4), would have continued to hold office, or, if the term of office of such former Board has expired, by a Board constituted under Section 12.
14. Term of office of members.
14. 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 and shall commence—
(a) in case of an elected member, from the date of notification of his election under sub-section (8) of Section 12, or from the date on which the vacancy has occurred to which he is elected, whichever is later; and
(b) in case of a nominated member, from the date of nomination under clause (b) and (f) of sub-section (3), clauses (b) and (f) of sub-section (4) and clauses (b) and (f) of sub-section (5) of Section 12, or the date of vacancy under clause (b) of sub-section (1) of Section 18, whichever is later, and the member so nominated shall be able to take part in the proceedings of the Board:
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:
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 (8) of Section 12.
(2) The term of office of an ex officio member of a Board shall continue so long as he holds the office by 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 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 Central Government otherwise directs, continue in office until the election of his successor is notified under sub-section (8) of Section 12 or the nomination of his successor, as the case may be.
(5) Any outgoing member may, if qualified, be re-elected or re-nominated.
15. Filling of vacancies.
15. 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 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 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 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.
16. Vacancies in special cases.
16. Vacancies in special cases.—(1) If for any cause at an election no member is elected, or if the elected member is unwilling to serve on the Board, fresh election shall be held to fill up such vacancy.
(2) 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.
(3) Vacancies arising in any of the following cases shall be filled by nomination by the Central Government after consultation with the General Officer Commanding-in-Chief, the Command, namely:—
(a) where at a casual election no member is elected;
(b) 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.
(4) For the purposes of sub-section (2) of Section 15, a member nominated in pursuance of sub-section (3) of this section shall 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.
(5) The term of office of a member nominated under this section shall expire at the time at which it would have expired if he had been elected at the casual election.
17. Oath or affirmation.
17. Oath or affirmation.—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:—
“I, A.B., having become/been elected/been nominated a member of this Board, do swear in the name of God/solemnly affirm 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.”.
18. Resignation.
18. Resignation.—(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 acceptance and notification to the Central Government under intimation to the General 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 General Officer Commanding-in-Chief, the Command for orders.
(2) If the Central Government or the General Officer Commanding-in-Chief, 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.
(3) Notwithstanding anything 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 (2) of Section 16 shall take effect when such resignation is received by the President of the Board.
19. President and Vice-President.
19. President and Vice-President.—(1) The Officer commanding the station if a member of the Board shall be the President of the Board:
Provided that when a military officer holding the office of the President ceases to be the Officer Commanding the Station merely by reason of a temporary absence from the station for a period not exceeding thirty consecutive days, he shall not vacate the office of President.
(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), sub-section (5) or sub-section (6) of Section 12 shall be the President of the Board.
(3) In every Board except in case of a Board falling under Category IV Cantonment there shall be a Vice-President elected by the elected members only from amongst them in accordance with such procedure as the Central Government may by rule prescribe.
(4) In case of a Board falling under Category IV Cantonment, the Vice-President shall be elected by draw of lot under the supervision of the President of the Board in such manner as he may decide.
20. Term of office of Vice-President.
20. Term of office of Vice-President.—(1) The term of office of a Vice-President shall be five years or his residual 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.
(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:
Provided that in case of Category IV Cantonments, the Vice-President may be removed if a resolution to this effect is passed by the Board and the other elected member shall become the Vice-President.
[disclaimer]
