THE CANTONMENTS ACT, (ACT NO. II OF ). [16th February, ]. 2. An Act to consolidate and amend the law relating to the administration of. Act 53 of Although, armed force of the Union are stationed in cantonments within Part B States, the Cantonments Act, amdthe Camtonments (House. (1) This Act may be called the Cantonments Act, . (xiii) “Executive Officer” means the person appointed under this act to be the Executive Officer of a.
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List Judgments citing this Act. The xct of the committee have now been examined by the Government of India and the conclusions arrived at are embodied in the BiH. The main features of the Rill are as follows: In other cantonments where these circumstances do not fully exist the administration of contanment. Affairs will be vested in the hands of the commanding officer of the cantonment, who for the purpose of the Act, will be constituted a corporation sole.
The general effect will be that the Government authority will cease to be the purely executive. In the larger cantonments the existing cantonment committee will cahtonments replaced by a cantonment Board which will be municipal in character and an essentially local self- Government body.
They will also be empowered to make bye-laws to govern local matters of administration which require different treatment in different contonments. An official majority will, however, be maintained. In his place an “executive officer” will be appointed. He will be paid by Government.
He will perform, amongst other things, the duties of Secretary of the Board and he will have no judicinl powers or functions. The non-official members of the Committee desire to express the following opinion on two questions of administration connected with the policy which the Bill seeks to introduce.
They hold very strongly that the ultimate control of cantonment administration under the reformed system should be exercised by the Government of India in the Army Department, and not by any executive military authority. They also hold that the executive officer, though he may be a military officer subordinate to the Army Department, should be like the Cantonment Magistrate of the present, be an officer in civil employ. It is recongnized that it would be inappropriate to embody in the Bill provisions on these two points: Act 53 of It is, therefore, necessary to extend both the Acts to Part B States.
Elections to Cantonment Boards in Part A States and Part C States were last held between July and September, and were due to be held during the same period in As the preparation of electoral rolls for Cantonment Board was linked with that of the electoral rolls for the State Legislatures and Parliament in the cantonment areas and as extensive. The life of the existing Board which was extended for a year will expire on various dates during the period between the 6 th July and 30th September.
While the electoral rolls in respect of the State Legislatures and Parliament are not likely to be completed before that time and the Life of the Boards cannot be extended by more than one year under the existing provisions section 15 of the Cantonments Act.
The amendments made in the said Ordinance are of a permanent nature, except the provision for the extension of the term of the office of elected members of every Cantonment Board up to the end of November,or until the election of their successors is notified under sub-section 7 ofsection 13of the Cantonments Act,whichever is earlier.
It is therefore essential to replace the-Ordinance by an Act in the next session of Parliament. II, Act 15 of The Act, for the first time, allowed representation of the civil population in the administration of the cantonments.
Amendments to the Act were made from time to time and the last such amendment was made in The existence and the growth of a large population inside cantonments necessitate the organisation of local self-government institutions side by side with different kinds of control. The governance of a large civil population involves civic responsibilities. A balance has to be struck between the interests of the Armed Forces from health, welfare and security point of view and the aspirations of the local population for participation in the administration of the cantonments.
Taking into consideration representations and suggestions made from various quarters and also other related matters like changes in the concept of municipal administration consistent with the necessity to ensure discipline, security, sanitation and health of the troops, the question as to what amendments should be made to the Act was referred to a Task Force which made a number of recommendations in this behalf.
Government has taken into consideration the recommendations made by the Task Force coupled with the need for streamlining and strengthening local administration of the Cantonment Board and proposes to make exhaustive amendments to the Cantonments Act. Some of the important amendments to the Act are- a to provide for declaration of naval stations also as cantonments under the Cantonments Act. The notes on clauses explain in detail the various provisions contained in the Bill. An Act to consolidate and amend the law relating to the administration of cantonments.
WHEREAS it is expedient to consolidate and amend the law relating to the administration of cantonments; It is hereby enacted as follows: Act 15 of When, by a notification undersection 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.
Any cantonment fund or portion of a cantonment fund or other property of aa[Board] vesting inb [Government] under the provisions ofsection 6orsection 7shall be applied in the first place to satisfy any liabilities of thea[Board] transferred under such provisions to thec[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.
The date of commencement of the office of a member elected to fill casual vacancy shall be calculated from the date of the notification of his election instead of the date of his election. This period of three months is considered inadequate and is proposed to be enhanced to six months. It is proposed to provide for a person elected from more than one ward to resign from all but one of the wards.
It is also proposed to omit the division of inhabitants of the cantonments into classes as no such classes of inhabitants exist. The term of office of a Vice-President is being fixed as two years and six months instead of three years.
A provision has also been made that a Vice-President may be removed from office through a,noconfidence motion passed by not less than two-thirds of elected members holding office and attending the meeting in which a resolution to that effect is passed.
Clause This clause seeks to amendsection 22of the Act to provide that the President of the Board shall control, direct and supervise the finiancial and executive administration of the Board, -Gaz. 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 us the Central Government may.
Subject to the provisions of clause b and clause d of sub-section 1 ofsection 22 the Executive Officer shall. The Executive Officer may, in cases of emergency, direct.
Such roll shall be prepared, revised and finally published in such manner and on such date in each year as thee[Central Government] may by rule prescribe. Provided that thei[Central Government] may by order in writing, remove any disqualifica- tion incurred by a person under clause v: It alio provides to raise from.
The intention is to add the definition of the expression “corrupt practice” specified in sub-section 2 ofsection 28on the lines ofsection of the Representation of the People Act, 40 of ,Gaz.
Indian Numbered Acts
Thee[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: The Committee on Subordinate Legislation has recommended that the power to levy fees of such a nature should flow from the statute itself.
A new 9124 is also being inserted in that section for excluding a person presiding over a meeting of the Board and from its deliberations in cases where he has some pecuniary or other interest in the matter under discussion.
Every member of a Board shall be liable for the loss, waste or misapplication of any money or other propertyb[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 thea[Central Government].
The power to remove from the Board any military officer nominated as a member of the Board is proposed to be conferred on the Officer Commanding-in- Chief, the Command, instead of the Central Government. Every officer or servant, permanent or temporary, of ab[Board] shall be deemed to be a public servant within the meaning ofthe Indian Penal Code, and in the definition of “legal remuneration” insection of that Code the word “Government” shall, for the purposes of this section, be deemed to include ab [Board].
Subject to any regulation cantonmeents 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 czntonments of the same and of the date fixed therefor has been sent to each member not less than seven days before that date. The amendment to sub-section 2 ofsection 41is necessitated because of the proposed amendment tosection 3to declare naval stations also as cantonments vide clause 3.
Where cantonments are located in the navy or air force stations, the proceedings of the Board should be sent to he respective Command Headquarters of the navy or air force. Every meeting of a Board shall be open to the public unless in any case thea[person presiding over the meeting], for reasons to be recorded in the minutes, otherwise directs.
With the demand of democratisation of administration of cantonments, administrative instructions hid been issued to the cantonment Boards to make provision in their regulations framed under clause e of sub-section 1 ofsection 44of the Act that the decision of acivil area committee in certain matters pertaining to civil area would be construed as decisions of axt Board. Since this was only under a delegated power, it is now proposed to make 1942 specific provision in this behalf in the Act itself.
However, if the Health Officer dissents from any decision arrived at by the civil area cahtonments on matters pertaining to consideration of health of the people, the matter will be referred to the Board by the President for decision.
It is proposed to amend this section suitably to provide for the laying of the regulations made by the Board before each House of Parliament as per the recommendations of the Committee on Subordinate Legislation. Every board shall, as soon as may be after the close of the year and not later than the date fixed in this behalf by theb[Central Government, submit to theb[Central Government] through the Officer Commanding-in-Chief, the Command, a report on the administration of the cantonment during the preceding financial year, in such form and containing such details as theb[Central Government] may direct.
The comments, if any, of the Officer Commanding-in-Chief, the Command, on such report shall be communicated by him to the Board which shall be allowed a reasonable time to furnish a reply thereto, and the comments together with the reply, if any, shall be forwarded to theb[Central Government] along with the report.
Thea[Central Government or the Officer Commanding-in-Chief, the Command],d[or the Director or such other officer or authority as may be authorised by the Central Government in this behalf] may depute any person in the service of thec[Government] to inspect or examine any department of the office of, or any service or work undertaken by or thing belonging to, ab[Board], and to report thereon, and theb[Board] arid its officers and servants shall be.
II, S, 2, Ext. If, on receipt of any information or report obtaineda[undersection 46orsection 47] orsection 48, theb [Central Government or the Officer Commanding-in-Chief, the Command] is of opinion. Provided that, unless in the opinion of thef[Central Government or the Officer Commanding-in- Chief, the Command, as the case may be,] the immediate execution of such order is necessry,d[it or] he shall, before making any direction under this section, give thec[Board] an opportunity of showing cause why such direction should not be made.
The other amendment to the section is 192 a consquential nature. The Central Govrnment may, cantonjents any time, review any decision or order of the Board or the Officer Commanding-in-Chief, the Command, and pass such orders thereon as it may deem fit: Provided that where it is proposed to modify a decision or order of the Board, reasonable opportunity shall be given to the Board to show cause why the decision or order in question should not be modified.
When any decision of aa[Board] has been referred to theb[Central Government] under sub-section 2 ofsection 51, the [Central Government] may, after consulting the Officer Commanding-in-Chief, the Command, by order in writing,.
Provided that no Board shall be superseded unless a reasonable opportunity has been given to it to show cause against the supersession. If within a cantonment, or within such imits adjoining a cantonment as theb[Central Government] may by notification in theb[Official Gazette] define, any person not subject toc[Army, Navy or Air Force law] or any person subject toc[Army, Navy or Air Force law] otherwise than as a military officer or a soldier knowingly barters, sells or supplies, or offers or attempts to barter, sell or supply, any spirituous liquor or intoxicating drug to or for the use of any soldier or follower or soldier’s wife or minor child without the written permission of thea[Officer Commanding the station] or of some person authorised by thea [Officer Commanding the station] to grant such permission, he shall be punishable with fine which may extend tod[five hundred rupees], or with imprisonment for a term which may extend to three months, or with both.
As cantonments vide clause 3. Sub-clause b of clause 36 and sub-clauses b and c of clause 37 sleek respectively to amendsection 56andsection 57so as to enhance adt fine prescribed for the offences as the existing fine is considered inadequate in view of the espalation in prices. The foregoing provisions of this Chapter shall not apply to the sale or supply of any article in good faith for medicinal purposes by a medical practitioner, cantonmenys or druggist authorised in this behalf by a general or special order of thea[Officer Commanding the station.
Act 15 ofClause This provision does not confer power on the Board to notity that the tax 1294 also be imposed from a date specified in such notification as this will give information to the persons residing in the cantonment and also facilitate realisation of tax.
An amendment for this purpose is proposed to cantknments made in this section. The other amendment to substitute a new sub-section for sub-sections 2 and 3 provides for the publication of tax proposals once only on the lines of similar provisions contained in some municipal laws. II, S 2, Ext. Provided at, where the annual value of any building is by reason of exceptional circumstances, in the opinion of thea[Board], excessive if calculated in the aforesaid manner, thea[Board] may fix the annual value at any less amount which appears to it to bejust.
Cantonments Act Complete Act – Citation – Bare Act | LegalCrystal
Where cantonmengs property is jointly owned by more than cat owner, the liabiity,will be joint and several. When a taxa[assessed] on the annual value of buildings or land or loth is imposed, theb[Executive Officer] shall cause an assessment list of all buildings or lands in the cantonment, or of both, as the case may be, to be preparedc[in such form and in such manner] is thed[Central Government] may by rule prescribe.
When the assessment list has been prepared, thea[Executive Officer] shall give public notice thereof, and of the place where the list or a copy thereof may be inspected, and every person claiming to be the owner, lessee or occupier of any property included in the list, and any authorised agent of such person, shall be cahtonments liberty to inspect the list and to make extracts therfrom free of charge.
Act 15 ofClauses cantonmsnts, 45, 46, 50, 53, 84, 85, 88, 92,93,96, It is proposed to confer these functions, powers and duties under those sections on the Executive Officer and carry out in the relevant sections, wherever necessary such consequential amendments as the rules of grammar may require. When all objections made undersection 68have been disposed of vantonments the revision of the valuation and assessment has been completed, canronments assessment list shall be authenticated by the signature of the members of the Assessment Committee who shall, at the same time, certify that they have considered all objections duly made and have amended the list so far as is required by their decisions on such objections.
Subject to such alterations as may thereafter be made in the assessment list under the provisions of this Chapter and to the result of any appeal made thereunder the entries in the assessment list authenticated and deposited as provided in S.
Provided that no person shall by reason of any such amendment cantonmentd liable to pay any tax or cantonment of tax in respect of any period prior to the commencement of the year in which the assessment is made.
Thea[Executive Officer] shall prepare a new assessment list at least once wct every three years, and for this purpose the provisions ofsections 66to71shall apply in like manner as they apply for the purpose of the preparation of an assessment list for the first time. Clauses 47, 51, 90, 95, 97,,,, and l If any building is wholly or partly demolished or destroyed or otherwise deprived of value, thea[Board] may,on the applicationb[in writing] of the ownerc[or occupier], remit or refund such portion ofd[any tax assessed on the annual value thereof] as it thinks fite[but no remission or refund shall take effect in respect of any period commencing more than two months before the delivery of such application].