21. Duties of President.
21. 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) to 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;
(e) in case of gross misconduct during the course of meeting, to suspend a member other than a Chief Executive Officer from attending the unconcluded part of the meeting of the Board.
(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 (b) 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 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 General Officer Commanding-in-Chief, the Command.
22. Duties of Vice-President.
22. Duties of Vice-President.—(1) 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 21;
(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 21.
23. Allowances to Vice-President and members.
23. Allowances to Vice-President and members.—The Vice-President and each elected member of the Board shall be entitled to receive such allowances, as the Central Government may, by rule, prescribe.
24. Appointment of Chief Executive Officer.
24. Appointment of Chief Executive Officer.—(1) For every cantonment there shall be a Chief Executive Officer appointed by the Central Government or by such person as the Central Government may authorise in this behalf:
Provided that, in the event of temporary absence of the Chief Executive Officer, not exceeding ninety days, the Principal Director shall designate an officer under his jurisdiction to perform the duties of the Chief Executive Officer during such period.
(2) Not less than one-half of the salary of the Chief Executive Officer shall be paid by the Central Government and the balance from the cantonment fund.
(3) The Chief Executive Officer shall be the Member-Secretary of the Board and of every Committee of the Board.
25. Duties of Chief Executive Officer.
25. Duties of Chief Executive Officer.—(1) Subject to the provisions of clause (c) and clause (d) of sub-section (1) of Section 21, the Chief 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) subject to any restrictions, limitations and conditions imposed by this Act, to exercise executive power to ensure that the administration of the Board is carried out in accordance with provisions of this Act;
(c) prescribe the duties of, and exercise supervision and control over the acts and proceedings of all, officers and employees of the Board;
(d) be responsible for the custody of all records of the Board;
(e) 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; and
(f) comply with every requisition of the Board on any matter pertaining to the administration of the cantonment.
26. Special power of Chief Executive Officer.
26. Special power of Chief Executive Officer.—(1) The Chief Executive Officer may direct the execution of any work or the doing of any act, in public interest and in accordance with the provisions of this Act and the rules made thereunder, and incur such expenditure as may be necessary in executing such work or doing such act, as the case may be, subject to the financial limits which the Board may by resolution determine subject to general guidelines issued by the Director General, Defence Estates with the approval of the Central Government.
(2) The Chief Executive Officer may, in case of emergency, direct the execution of any work or the doing of any act which would ordinarily require the sanction of the Board and 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:
Provided that—
(a) he shall not act under this section without the pervious sanction of the President or, in his absence, of the Vice-President;
(b) he shall not act under this section in contravention of any order of the Board prohibiting the execution of any particular work or the doing of any particular act; and
(c) he shall report forthwith the action taken under this section and the reasons therefor to the Board.
Elections
27. Electoral rolls.
27. Electoral rolls.—(1) The Board or, where a Board is not constituted in any place declared by notification under sub-section (1) of Section 3 to be a cantonment, the Officer Commanding the station, shall prepare and publish an electoral roll showing the names of persons qualified to vote at elections to the Board and such roll shall be prepared, revised and finally published in such manner and on such date in each year as the Central Government may by rule prescribe.
(2) Every person whose name appears in the final electoral roll shall, so long as the roll remains in force, be entitled to vote at an election to the Board, and no other person shall be so entitled.
(3) When a cantonment has been divided into wards, the electoral roll shall be divided into separate lists for each ward.
(4) If a new electoral roll is not published in any year on the date prescribed, the Central Government may direct that the old electoral roll shall continue in operation until the new roll is published.
28. Qualification of electors.
28. Qualification of electors.—(1) Every person who, on such date as may be fixed by the Central Government in this behalf by notification in the Official Gazette hereinafter in this section referred to as “the qualifying date”, is not less than eighteen years of age and who has resided in the cantonment for a period of not less than six months immediately preceding the qualifying date shall, if not otherwise disqualified, be entitled to be enrolled as an elector.
Explanation.—When any place is declared a cantonment for the first time, or when any local area is first included in a cantonment, residence in the place or area comprising the cantonment on the aforesaid date shall be deemed to be residence in the cantonment for the purposes of this sub-section.
(2) A person notwithstanding that he is otherwise qualified, shall not be entitled to be enrolled as an elector if he on the qualifying date—
(i) is not a citizen of India, or
(ii) has been adjudged by a competent court to be of unsound mind, or
(iii) is an undischarged insolvent, or
(iv) has been sentenced by a Criminal Court to imprisonment for a term exceeding two years for an offence which is declared by the Central Government to be such as to unfit him to become an elector or has been sentenced by a Criminal Court for any offence under Chapter IX-A of the Indian Penal Code (45 of 1860):
Provided that any disqualification incurred by a person under clause (iv) shall terminate on the lapse of three years from the expiry of the sentence or order.
(3) If any person having been enrolled as an elector in any electoral roll subsequently becomes subject to any of the disqualifications referred to in sub-section (2), in his name shall be removed from the electoral roll unless, in the case referred to in clause (iv), the disqualification is removed by the Central Government.
29. Qualification for being a member of the Board.
29. Qualification for being a member of the Board.—(1) Save as hereinafter provided, every person, not being a person holding any office of profit under the Government, whose name is entered on the electoral roll of a cantonment shall be qualified for election as a member of the Board in that cantonment.
(2) No person shall be qualified for nomination as a member of a Board if he is subject to any of the disqualifications specified in sub-section (2) of Section 28.
(3) No person shall be qualified for being chosen whether by election or nomination as, and for being a member of a Board, if he—
(a) has been dismissed from the service of the Government and is debarred from re-employment therein, or is a dismissed employee of a Board;
(b) is debarred from practising his profession or calling by order of any competent authority;
(c) holds any place of profit in the gift or at the disposal of the Board, or is a police officer, or is the servant or employer of a member of the Board; or
(d) is interested in a subsisting contract made with, or in work being done for, the Board except as a shareholder other than a director in an incorporated company; or
(e) is an officer or employee, permanent or temporary, of a Board or of any other local authority; or
(f) is a member of any other local authority; or
(g) has, by the authority referred to in clause (f) of Section 31, been found to have been guilty of any of the corrupt practices specified in sub-section (2) of Section 30 unless a period of five years has elapsed since the date of the decision of the authority; or
(h) fails to pay any arrears of any kind due by him otherwise than as an agent, receiver, trustee or an executor, to the Board within thirty days after the notice in this behalf has been served upon him; or
(i) is disqualified under any other provision of this Act:
Provided that a person shall not be deemed to have any interest in such a contract or work as is referred to in clause (d) by reason only of his having a share or interest in—
(a) any lease or sale or purchase of immovable property or any agreement for the same; or
(b) any agreement for the loan of money or any security for the payment of money only; or
(c) any newspaper in which any advertisement relating to the affairs of the Board is inserted; or
(d) the sale to the Board of any articles in which he regularly trades or the purchase from the Board of any articles, to a value in either case not exceeding twenty-five thousand rupees in the aggregate in any year during the period of the contract or work.
30. Interpretation.
30. Interpretation.—(1) For the purposes of Sections 27, 28 and 29, ‘person’ means an individual human being.
(2) The following shall be deemed to be corrupt practices within the meaning of clause (g) of sub-section (3) of Section 29, namely:—
(1) “bribery” that is to say—
(A) any gift, offer or promise by a candidate or his agent or by any other person with the consent of a candidate or his agent of any gratification to any person whomsoever, with the object, directly or indirectly of inducing—
(a) a person to stand or not to stand as, or to withdraw or not to withdraw from being, a candidate at an election; or
(b) an elector to vote or refrain from voting at an election, or as a reward to—
(i) a person for having so stood or not stood, or for having withdrawn or not having withdrawn his candidature; or
(ii) an elector for having voted or refrained from voting;
(B) the receipt of, or agreement to receive, any gratification, whether as a motive or a reward—
(a) by a person for standing or not standing as, or for withdrawing or not withdrawing, from being a candidate; or
(b) by any person whomsoever for himself or any other person for voting or refraining from voting, or inducing or attempting to induce any elector to vote or refrain from voting, or any candidate to withdraw or not to withdraw his candidature.
Explanation.—For the purposes of this clause, the term “gratification” is not restricted to pecuniary gratifications or gratifications estimable in money and it includes all forms of entertainment and all forms of employment for reward but it does not include the payment of any expenses bona fide incurred at, or for the purpose of, any election.
(2) Undue influence, that is to say, any direct or indirect interference or attempt to interfere on the part of the candidature or his agent, or of any other person with the consent of the candidate or his agent with the free exercise of any electoral right:
Provided that—
(a) without prejudice to the generality of the provisions of this clause any such person as is referred to therein who—
(i) threatens any candidate or any elector, or any person in whom a candidate or an elector is interested, with injury of any kind including social ostracism and ex-communication or expulsion from any caste or community; or
(ii) induces or attempts to induce a candidate or an elector to believe that he, or any person in whom he is interested, will become or will be rendered an object of divine displeasure or spiritual censure, shall be deemed to interfere with the free exercise of the electoral right of such candidate or elector within the meaning of this clause;
(b) a declaration of public policy, or a promise of public action, or the mere exercise of a legal right without intent to interfere with an electoral right shall not be deemed to interfere within the meaning of this clause.
(3) The appeal by a candidate or his agent or by any other person with the consent of a candidate or his agent to vote or refrain from voting for any person on the ground of his religion, race, caste, community or language or the use of, or appeal to religious symbols or the use of, or appeal to, national symbols, such as national flag or the national emblem for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate.
(4) The promotion of, or attempt to promote, feelings of enmity or hatred between different classes of the citizens of India on grounds of religion, race, caste, community or language, by a candidate or his agent or any other person with the consent of a candidate or his agent for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate.
(5) The publication by a candidate or his agent or by any other person, with the consent of a candidate or his agent, of any statement of fact which is false, and which he either believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate, or in relation to the candidature, or withdrawal of any candidate, being a statement reasonably calculated to prejudice the prospects of that candidate's election.
(6) The hiring or procuring, whether on payment or otherwise, of any vehicle or vessel by a candidate or his agent or by any other person with the consent of a candidate or his agent or the use of such vehicle or vessel for the free conveyance of any elector other than the candidate himself, the members of his family or his agent to or from any polling station or place fixed for the poll:
Provided that the hiring of a vehicle or vessel by any elector or by several electors at their joint costs for the purpose of conveying him or them to and from any such polling station or place fixed for the poll shall not be deemed to be a corrupt practice under this clause if the vehicle or vessel so hired is a vehicle or vessel not propelled by mechanical power:
Provided further that the use of any public transport vehicle or vessel or any tramcar or railway carriage by any elector at his own cost for the purpose of going to or coming from any such polling station or place fixed for the poll shall not be deemed to be a corrupt practice under this clause.
Explanation.—In this clause, the expression “vehicle” means any vehicle used or capable of being used for the purpose of road transport, whether propelled by mechanical power or otherwise and whether used for drawing other vehicles or otherwise.
(7) The obtaining or procuring or abetting or attempting to obtain or procure by a candidate or his agent or, by any other person with the consent of a candidate or his agent, any assistance other than the giving of vote for the furtherance of the prospects of that candidate's election, from any person in the service of the Government or the Board:
Provided that where any person, in the service of the Government or the Board in the discharge or purported discharge of his official duty, makes any arrangements or provides any facilities or does any other act or thing, for, to, or in relation to, any candidate or his agent or any other person acting with the consent of the candidate or his agent whether by reason of the office held by the candidate or for any other reason, such arrangements, facilities or act or thing shall not be deemed to be assistance for the furtherance of the prospects of that candidate's election.
Explanation.—In this section, the expression “agent” includes any person who is held to have acted as an agent in connection with the election with the consent of the candidate.
31. Power to make rules regulating elections.
31. Power to make rules regulating elections.—The Central Government may, either generally or specially for any cantonment or group of cantonments, after previous publication, make rules consistent with this Act to regulate all or any of the following matters for the purpose of the holding of elections under this Act, namely:—
(a) the division of a cantonment into wards;
(b) the determination of the number of members to be elected by each ward;
(c) the preparation, revision and final publication of electoral rolls;
(d) the reservation of wards for election of the Scheduled Castes, the Scheduled Tribes and women;
(e) the registration of electors, the nomination of candidates, the time and manner of holding elections and the method by which votes shall be recorded;
(f) the authority which may be an officer of the State Government by which and the manner in which disputes relating to electoral rolls or arising out of elections shall be decided, and the powers and duties of such authority and the circumstances in which such authority may declare a casual vacancy to have been created or any candidate to have been elected;
(g) the fee to be paid for admission and consideration of any application relating to election or election disputes;
(h) any other matter relating to elections or election disputes in respect of which the Central Government is empowered to make rules under this chapter or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government, necessary.
Members
32. Member not to vote on matter in which he is interested.
32. Member not to vote on matter in which he is interested.—(1) No member of a Board shall vote at a meeting of the Board or of any Committee of the Board on any question relating to his own conduct or vote or take part in any discussion on any matter, other than a matter affecting generally the inhabitants of the cantonment, which affects his own pecuniary interest or the valuation of any property in respect of which he is directly or indirectly interested, or of any property of or for which he is a manager or agent.
(2) Where any member of the Board present at the meeting of the Board or any committee of the Board believes that the person presiding over such meeting has pecuniary or other interest in any matter under discussion and moves a motion to that effect, the person so presiding—
(a) shall not be entitled to vote on such motion, and
(b) shall, if such motion is carried, absent himself from the meeting during such discussion.
33. Liability of members.
33. Liability of members.—Every member of a Board shall be liable for the loss, waste or misapplication of any money or other property belonging to, vested in, or entrusted to the management of, the Board if such loss, waste or misapplication is a direct consequence of his neglect or misconduct while such member; and a suit for compensation for the same may be instituted against him either by the Board or by the Central Government.
34. Removal of members.
34. Removal of members.—(1) The Central Government may remove from a Board any member thereof, who—
(a) becomes or is found to have been at the time of his election or nomination subject to any of the disqualifications specified in sub-section (2) of Section 28 or in Section 29; or
(b) has absented himself for more than three consecutive meetings or three months (whichever is later) of the Board and is unable to explain such absence to the satisfaction of the Board.
Explanation.—In computing the aforesaid period of three consecutive months, no account shall be taken of any period of absence with the leave of the Board; or
(c) has knowingly contravened the provisions of Section 32; or
(d) being a legal practitioner, acts or appears on behalf of any other person against the Board in any legal proceeding or against the Government in any such proceeding relating to any matter in which the Board is or has been concerned or acts or appears on behalf of any person in any criminal proceeding instituted by or on behalf of the Board against such person; or
(e) has himself done or aided or abetted encroachments and illegal constructions on defence land in contravention of the provisions of this Act and the rules and bye-laws made thereunder.
(2) The Central Government may remove from a Board any member who, in the opinion of the Central Government, has so abused in any manner his position as a member of the Board as to render his continuance as a member detrimental to the public interests.
(3) The General Officer Commanding-in-Chief, the Command may, on receipt of a report from the Officer Commanding the station remove from a Board any military officer nominated as a member of the Board who is, in the opinion of the Officer Commanding the station, unable to discharge his duties as a member of the Board and has failed to resign his office.
(4) No member shall be removed from a Board under sub-section (1) or sub-section (2) of this section unless he has been given a reasonable opportunity of showing cause against his removal.
35. Consequences of removal.
35. Consequences of removal.—(1) A member removed under clause (b) of sub-section (1) or under sub-section (3) of Section 34 shall, if otherwise qualified, be eligible for re-election or re-nomination.
(2) A member removed under clause (c) or clause (d) of sub-section (1) of Section 34 shall not be eligible for re-election or nomination for the period during which, but for such removal, he would have continued in office.
(3) A member removed under sub-section (2) of Section 34 shall not be eligible for re-election or nomination until the expiry of three years from the date of his removal.
36. Member of the Board to be deemed a public servant.
36. Member of the Board to be deemed a public servant.—Every member of the Board shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code (45 of 1860) and clause (c) of Section 2 of the Prevention of Corruption Act, 1988 (49 of 1988).
Employees
37. Disqualification of person as an employee of Board.
37. Disqualification of person as an employee of Board.—(1) No person who has directly or indirectly by himself or his partner any share or interest in a contract with, by or on behalf of a Board, or in any employment under, by or on behalf of a Board, otherwise than as an employee of the Board, shall become or remain an employee of such Board.
(2) An employee of a Board who knowingly acquires or continues to have directly or indirectly by himself or his partner any share or interest in a contract with, by or on behalf of the Board or, in any employment under, by or on behalf of, the Board, otherwise than as an employee of the Board, shall be deemed to have committed an offence under Section 168 of the Indian Penal Code (45 of 1860).
(3) Nothing in this section shall apply to any share or interest in any contract with, by or on behalf of, or employment under, by or on behalf of a Board if the same is a share in a company contracting with, or employed by, or on behalf of, the Board or is a share or interest acquired or retained with the permission of the General Officer Commanding-in-Chief, the Command in any lease or sale to, or purchase by the Board of land or building or in any agreement for the same.
(4) Every person applying for employment and an employee of a Board shall, if he is related by blood or marriage to any member of the Board or to any person not being a lower grade employee, in receipt of remuneration from the Board, notify the fact and the nature of such relationship to the appointing authority before the appointment is made, and if he has failed to do so, his appointment shall be invalid but without prejudice to the validity of anything previously done by him.
38. Cantonment employee to be deemed a public servant.
38. Cantonment employee to be deemed a public servant.—Every officer or employee, permanent or temporary of a Board shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code (45 of 1860) and clause (c) of Section 2 of the Prevention of Corruption Act, 1988 (49 of 1988).
Procedure
39. Meetings.
39. Meetings.—(1) Every Board shall meet at least once in a month to transact its business on such day as may be fixed by the President and in his absence by the Vice-President, and its notice shall be given in such manner as may be provided in the regulations made by the Board under this chapter.
(2) The President may, whenever he thinks fit, and shall, upon a requisition in writing by not less than one-fourth of the members of the Board, convene a special meeting.
(3) Any meeting may be adjourned until the next or any subsequent day, and an adjourned meeting may be further adjourned in like manner but not more than twice except in case of a public emergency.
40. Business to be transacted.
40. Business to be transacted.—Subject to any regulation made by the Board under this chapter, any business may be transacted at any meeting:
Provided that no business relating to the imposition, abolition or modification of any tax shall be transacted at a meeting unless notice of the same and of the date fixed therefor has been sent to each member not less than seven days before that date.
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