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 243P 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.—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.—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;
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(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.—(1) Notwithstanding anything
contained in section 12, if the Central Government is satisfied,—
(a) that by reason of military operations, it is necessary, or
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(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 consultation 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.—(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 clauses (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.
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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.—(1) If for any cause at an election no member is elected, or if the
elected member is unwelling 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.—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 a member of this Board, do
been nominated
swear in the name of God
that I will bear true faith and allegiance to the Constitution of
solemnly affirm
India as by law established and that I will faithfully discharge the duty upon which I am
about to enter.
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.
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(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.—(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.—(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.
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.
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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.—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.—(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.—(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.—(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:
24
Provided that—
(a) he shall not act under this section without the previous 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 there for to the
Board.
Elections
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.—(1) Every person who, on such date as may be fixed by the Central
Government in this behalf by notification in the Official Gazette here in after 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 IXA 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), 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.—(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.
25
(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.—(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;
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(B) the receipt of, or agreement to receive, any gratification, whether as a motive or are
ward—
(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 purpose of this clause, the term “gratification” is not restricted to
pecuniary gratification 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 candidate 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:
27
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.—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.—(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.
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(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.—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.—(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.—(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.—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.—(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.
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(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 as 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.—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.—(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.—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 there for has been sent to each
member not less than seven days before that date.
41. Quorum.—(1) The quorum necessary for the transaction of business at a meeting of the Board
shall be one-half of the number of members of the Board holding the office:
Provided that if the number of members of the Board holding office at a particular time is an odd
number, the quorum shall be one-half of the number obtained by adding one to the number of such
members.
(2) If a quorum is not present, the President or in his absence, the Vice-President or in the absence of
both, the Member-Secretary shall adjourn the meeting and the business which would have been brought
before the original meeting if there had been a quorum present thereat shall be brought before, and may
be transacted at, an adjourned meeting, whether there is a quorum present or not.
42. Presiding Officer.—In the absence of—
(a) both the President and the Vice-President from any meeting of a Board in which there is more
than one elected member,
(b) the President from a meeting of a Board constituted under sub-section (6) of section 12 or
sub-section (2) of section 13,
the members present shall elect one from among their own members to preside.
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43. Minutes.—(1) The minutes of the proceedings of each meeting shall be recorded in a book and
shall be signed by the person presiding over the meeting and the Chief Executive Officer, before the close
of the meeting and shall, at such times and in such place as may be fixed by the Board, be open to
inspection free of charge by any inhabitant of the cantonment and its authenticated copies may be made
available to him on request, at a nominal cost to be decided by the Board.
(2) Copies of the minutes shall, as soon as possible after each meeting, be forwarded for information
to every Member of the Board, the General Officer Commanding-in-Chief, the Command, the District
Magistrate and the Defence Estate Officer and in cantonments where Navy or Air Force stations are
located copies of the minutes shall be forwarded for information to the Command Headquarters of the
Navy or, as the case may be, the Air Force.
44. Meetings to be public.—Every meeting of a Board shall be open to the public unless in any case
the person presiding over the meeting, for reasons to be recorded in the minutes, otherwise directs.
45. Method of deciding questions.—(1) All questions coming before a meeting shall be decided by
the majority of the votes of the members present and voting.
(2) In the case of an quality of votes, the person presiding over the meeting, shall have a second or
casting vote.
(3) The dissent of any member from any decision of the Board shall, if the member so requests, be
entered in the minutes, together with a short statement of the ground for such dissent.
46. Civil area.—(1) The Central Government may, by notification in Official Gazette, declare the
civil area, in a cantonment, which is inhabited largely by civil population to be the civil area for the
purposes of this Act.
(2) The Central Government may in consultation with the Board undertake, as and when required and
shall undertake after every census, a review of the boundaries of the civil area in each cantonment.
47. Committees for civil areas.—(1) Every Board constituted under section 12 in a cantonment shall
appoint a committee consisting of the elected members of the Board, the Health Officer and the Executive
Engineer for the administration of the civil area in the cantonment as notified under section 46 of this Act
and may delegate its powers and duties to such committee in the manner provided in clause (e) of
sub-section (1) of section 48.
(2) The Vice-President of the Board shall be the Chairman of the committee appointed under
sub-section (1).
(3) The powers, duties and functions of the Board under sub-section (1) of section 137, section143,
section 147, section 149 and section 262 shall be exercised or discharged in respect of a civil area by the
civil area committee:
Provided that if the Health Officer dissents from any decision arrived at by the committee under
sub-section (1) of section 137, section 143, section 147 and section 149 on health grounds, the matter may
be referred to the Board by the President for decision.
48. Power to make regulations.—(1) A Board may make regulations consistent with this Act and
with the rules made thereunder to provide for all or any of the following matters, namely:—
(a) the time and place of its meetings;
(b) the manner in which notice of the meeting shall be given;
(c) the conduct of proceedings at meetings and the adjournments of meetings;
(d) the custody of the common seal of the Board and the purposes for which it shall be used; and
(e) the appointment of committees for any purpose and the determination of all matters relating to
the constitution and procedure of such committees, and the delegation to such committees, subject to
any conditions which the Board thinks fit to impose, of any of the powers or duties of the Board
under this Act other than a power to make regulations or bye-laws.
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(2) No regulation made under clause (e) of sub-section (1) shall take effect until it has been approved
by the Central Government.
(3) No regulation made under this section shall take effect until it has been published in such manner
as the Central Government may direct.
49. Joint action with other local authority.—(1) A Board may—
(a) join with any other local authority—
(i) in appointing a joint committee for any purpose in which they are jointly interested and in
appointing a chairman of such committee;
(ii) in delegation to such committee power to frame terms binding on the Board and such
other local authority as to the construction and future maintenance of any joint work or to
exercise any power which might be exercised by the Board or by such other local authority; and
(iii) in making regulations for regulating the proceedings of any such committeer relating to
the purposes for which it has been appointed; or
(b) with the previous sanction of the General Officer Commanding-in-Chief, the Command, and
the State Government concerned, enter into an agreement with any other local authority regarding the
levy of any tax or toll whereby the said tax or toll respectively leviable by the Board and by such
other local authority may be levied together instead of separately within the limits of the area
hereafter in this section referred to as the aggregate area subject to the control of the Board and such
other local authority.
(2) If any difference of opinion arises between any Board and other local authority acting together
under this section, the decision thereon of the Central Government or of an officer appointed by the
Central Government in this behalf shall be final.
(3) When any agreement such as is referred to in clause (b) of sub-section (1) has been entered into,
then—
(a) where the agreement relates to octroi or terminal tax or toll, the party to the agreement (the
Board, or as the case may be, such other local authority) which is specified in this behalf in the
agreement,—
(i) shall have the same powers to establish octroi limits and octroi stations and places for the
collection of octroi, terminal tax and toll within the aggregate area as it has within the area
ordinarily subject to its control;
(ii) shall have the same powers of collecting such octroi, terminal tax or toll in the aggregate
area and the provisions of any enactment in force relating to the levy of such octroi, terminal tax
or toll by it shall apply in the same manner as if the aggregate area were comprised within the
area ordinarily subject to its control;
(b) the total of the collection of such octroi, tax or toll made in the aggregate area and the costs
thereby incurred shall be divided between the cantonment fund and the fund subject to the control of
such other local authority, in such proportion, as may have been determined by the agreement.
50. Report on administration.—(1) Every Board shall, as soon as may be after the close of the
financial year and not later than the date fixed in this behalf by the Central Government, submit to the
Central Government through the General 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 the Central Government may direct.
(2) The comments, if any, of the General 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 the Central
Government along with the report.
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Control
51. Power of Central Government to require production of documents.—The Central
Government or such officer or authority as may be authorised by the Central Government in this behalf
may at any time require a Board—
(a) to produce any record, correspondence, plan or other document in its possession or under its
control;
(b) to furnish any return, plan, estimate, statement, account or statistics relating to its proceedings,
duties or works;
(c) to furnish or obtain and furnish any report.
52. Inspection.—The Central Government or the General Officer Commanding-in-Chief, the
Command or the Director General or the Principal Director, may depute any person in the service of the
Government to inspect or examine any department of the office of, or any service or work undertaken by,
or thing belonging to, a Board, and to report thereon, and the Board and its officers and employees shall
be bound to afford the person so deputed access at all reasonable times to the premises and property of the
Board and to all records, accounts and other documents the inspection of which he may consider
necessary to enable him to discharge his duties.
53. Power to call for documents.—The General Officer Commanding-in-Chief, the Command or the
Principal Director, may, by order in writing,—
(a) call for any book or document in the possession or under the control of the Board;
(b) require the Board to furnish such statements, accounts, reports and copies of documents
relating to its proceedings, duties or works as he thinks fit.
54. Power to require execution of work, etc.—If, on receipt of any information or report obtained
under section 51 or section 52 or section 53, the Central Government or the General Officer
Commanding-in-Chief, the Command or the Director General or the Principal Director is of opinion—
(a) that any duty imposed on a Board by or under this Act has not been performed or has been
performed in an imperfect, inefficient or unsuitable manner; or
(b) that adequate financial provision has not been made for the performance of any such duty,
it or he may direct the Board, within such period as it or he thinks fit, to make arrangements to its or his
satisfaction for the proper performance of the duty, or as the case may be, to make financial provision to
its or his satisfaction for the performance of the duty:
Provided that unless in the opinion of the Central Government or the General Officer
Commanding-in-Chief, the Command or the Director General or the Principal Director, as the case may
be, the immediate execution of such order is necessary, it or he shall, before making any direction under
this section, give the Board an opportunity of showing cause why such direction should not be made.
55. Power to provide for enforcement of direction under section 54.—If, within the period fixed
by a direction made under section 54, any action the taking of which has been directed under that section
has not been duly taken, the Central Government or the General Officer Commanding-in-Chief, the
Command or the Director General, or the Principal Director, as the case may be, may make arrangements
for the taking of such action, and may direct that all expenses connected therewith shall be defrayed out
of the cantonment fund.
56. Power to override decision of Board.—(1) If the President dissents from any decision of the
Board which he considers prejudicial to the health, welfare, discipline or security of the Forces in the
cantonment, he may, for reasons to be recorded in the minutes, by order in writing, direct the suspension
of action thereon for any period not exceeding one month and, if he does so, shall forthwith refer the
matter to the General Officer Commanding-in-Chief, the Command.
(2) If the District Magistrate considers any decision of a Board to be prejudicial to the public health,
safety or convenience, he may, after giving notice in writing of his intention to the Board, refer the matter
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to the Central Government, and pending the disposal of the reference to the Central Government no action
shall be taken on the decision.
(3) If any Magistrate who is a member of a Board, being present at a meeting, dissents from any
decision which he considers prejudicial to the public health, safety or convenience, he may, for reasons to
be recorded in the minutes and after giving notice in writing of his intention to the President, report the
matter to the District Magistrate; and the President shall, on receipt of such notice, direct the suspension
of action on the decision for a period sufficient to allow of a communication being made to the District
Magistrate and of his taking proceedings as provided in sub-section (2).
(4) If the Chief Executive Officer considers any decision of the Board taken at a meeting, to be in
contravention of the provisions of this Act, rules, regulations or bye-laws made there under and the
general guidelines issued by the Central Government from time to time in this regard, he may, for reasons
to be recorded in writing and after informing the President in this behalf, forthwith refer the matter to the
Principal Director who shall if considered appropriate direct the suspension of action on the said decision
for a period not exceeding one month.
(5) The Principal Director shall, for reasons to be recorded in writing on the reference made under
sub-section (4), refer the matter to the General Officer Commanding-in-Chief, the Command along with
recommendation on whether or not the said decision of the Board should be revoked and inform the
matter to Director General Defence Estates.
57. Power of Central Government to review.—The Central Government may, at any time, review
any decision or order of the Board or the General 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.
58. Power of General Officer Commanding-in-Chief, the Command, on reference under section
56 or otherwise.—(1) The General Officer Commanding-in-Chief, the Command, may at any time—
(a) direct that any matter or any specific proposal other than one which has been referred to the
Central Government under sub-section (2) of section 56 be considered or reconsidered by the Board;
or
(b) direct the suspension, for such period as may be stated in the order, of action on any decision
of a Board, other than a decision which has been referred to him under sub-section (1) of section 56,
and thereafter cancel the suspension or after giving the Board a reasonable opportunity of show in
cause why such direction should not be made, direct that the decision shall not be carried into effect
or that it shall be carried into effect with such modifications as he may specify.
(2) When any decision of a Board has been referred to him under sub-sections (1) and (4) of
section 56, the General Officer Commanding-in-Chief, the Command, may, by order in writing,—
(a) cancel the order given by the President directing the suspension of action; or
(b) extend the duration of the order for such period as he thinks fit; or
(c) after giving the Board a reasonable opportunity of showing cause why such direction should
not be made, direct that the decision shall not be carried into effect or that it shall be carried into
effect by the Board with such modifications as he may specify.
59. Power of Central Government on a reference made under section 56.—(1) When any
decision of a Board has been referred to the Central Government under sub-section (2) of section 56, the
Central Government may, after consulting the General Officer Commanding-in-Chief, the Command, by
order in writing,—
(a) direct that no action be taken on the decision; or
(b) direct that the decision be carried into effect either without modification or with such
modifications as it may specify.
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60. Supersession of Board.—(1) If, in the opinion of the Central Government, any Board is not
competent to perform or persistently makes default in the performance of the duties imposed on it by or
under this Act or otherwise by law, or exceeds or abuses its powers, the Central Government may by an
order published, together with the statement of the reasons there for, in the Official Gazette, declare the
Board to be incompetent or in default or to have exceeded or abused its powers, as the case may be, and
supersede it for such period as may be specified in the order:
Provided that no Board shall be superseded unless a reasonable opportunity has been given to it to
show cause against the supersession.
(2) When a Board is superseded by an order under sub-section (1)—
(a) all members of the Board shall, on such date as may be specified in the order, vacate their
offices as such members but without prejudice to their eligibility for election or nomination under
clause (c);
(b) during the supersession of the Board, all powers and duties conferred and imposed upon the
Board by or under this Act shall be exercised and performed by the Officer Commanding the station,
or by such officer as may be authorised by the Central Government, subject to such reservation if any,
as the Central Government may prescribe in this behalf; and
(c) before the expiry of the period of supersession elections shall be held and nominations made
for the purpose of reconstituting the Board.
Validity of proceedings
61. Validity of proceedings, etc.—(1) No act or proceeding of a Board or of any committee of a
Board shall be invalid by reason only of the existence of a vacancy in the Board or committee.
(2) No disqualification or defect in the election, nomination or appointment of a person acting as the
President or a member of a Board or of any such committee shall vitiate any act or proceeding of the
Board or committee if the majority of the persons present at the time of the act being done or the
proceeding being taken were duly qualified members thereof.
(3) Any document or minutes which purport to be the record of the proceedings of a Board or any
committee of a Board shall, if made and signed substantially in the manner prescribed for the making and
signing of the record of such proceedings, be presumed to be a correct record of the proceedings of a duly
convened meeting, held by a duly constituted Board or committee, as the case may be, whereof all the
members were duly qualified.