Ordinance, 38 of , s. For every cantonment there shall be a Cantonment Board and an Executive Officer. 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 moveable and immoveable and to contract and shall, by the said name, sue and be sued. He shall have the right to take part in the discussions but not to move any proposals at the meetings of the Board and of the Committees. Electoin of members 1 Elected members, except those representing women, workers and peasants, shall be elected 6y direct election on the basis of adult franchise in the manner prescribed by rules made under this Act.
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The recommendations 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:- a It is proposed to lake power to municipalize the government of those cantonments which contain a substantial civil population having no essential connection with or dependence upon the military administration.
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 be 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. Part V. 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: but they desire it to be recorded that in agreeing to the Bill as amended, they hope that the further administrative arrangements to be made will conform to the views here expressed.
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 6th 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. II, S. An Act to consolidate and amend the law relating to the administration of cantonments.
II, S 2,Ext. Clause 7. 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. Of Ind. Clause 9. This period of three months is considered inadequate and is proposed to be enhanced to six months.
Clause 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.
Clause II. 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.
II, S,2. 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. It alio provides to raise from. 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 sub-section 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. SECTION REMOVAL OF MEMBERS a[ 1 Theg[Central Government]] may remove from a Board any member thereof who- a becomesb[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 ofsection 27c[or insection 28]; or b has absented himself for more than three consecutive months from the meetings of the Board and is unable to explain such absence to the satisfaction of the Board; c has knowingly contravened the provisions ofsection 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 theb[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.
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. II, S.. 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. 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 the Board.
Since this was only under a delegated power, it is now proposed to make a specific provision in this behalf in the Act itself. However, if the Health Officer dissents from any decision arrived at by the civil area ocmmittee 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. 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.
II, S, 2, Ext. The other amendment to the section is of a consquential nature. 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 the fine prescribed for the offences as the existing fine is considered inadequate in view of the espalation in prices.
This provision does not confer power on the Board to notity that the tax may 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 be 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. Where the property is jointly owned by more than one owner, the liabiity,will be joint and several.
Act 15 of , Clause Act 15 of , Clauses 44, 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 and the revision of the valuation and assessment has been completed, the 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. SECTION AMENDMENT OF ASSESSMENT LIST a[ 1 The Board may amend the assessment list at any time- a by inserting or omitting the name of any person whose name ought to have been or ought to be inserted or omitted, or b by inserting or omitting any property which ought to have been or ought to be inserted or omitted, or c by altering the assessment on any property which has been erroneously valued or assessed through fraud, accident or mistake, whether on the part of the Board or of the Assessment Committee or of the assessee, or d by revaluing or re-assessing any property the value of which has been increased, or e in the case of a tax payable by an occupier, by changing the name of the occupier: Provided that no person shall by reason of any such amendment become liable to pay any tax or increase of tax in respect of any period prior to the commencement of the year in which the assessment is made.
The recommendations 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:- a It is proposed to lake power to municipalize the government of those cantonments which contain a substantial civil population having no essential connection with or dependence upon the military administration. 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 be replaced by a cantonment Board which will be municipal in character and an essentially local self- Government body.
Administration of Cantonments[ edit ] Sadar Bazaar in Multan Cantonment Prior to , cantonments used to be administered by military authorities under various government orders. In , for the first time, an act was adopted for improving the administration of the cantonments. A magistrate was appointed to administer the area. The act also regulated the funds granted by Government for the purpose of bettering the various facilities.