Cantonments Act, 1924

(1) This Act may be called the Cantonments Act, 1924. (2) It extends to the whole of India {The words " except Part B States " were omitted by Act 53 of 1950, s.4} {The words " including British Baluchistan " were rep.by the A.O.1948. (3) The Central Government may, by notification in the Official Gazette, direct that this Act, or any provisions thereof which it may specify, shall come into force on such (1st May, 1924; see Gazette of India, 1924, Pt.I.p.217.) date as it may appoint in this behalf.

In this Act, unless there is anything repugnant in the subject or context,- (i) " Assistant Health Officer " means the medical officer appointed by the { Subs.by Act 35 of 1926, s.2, for " Officer Commanding the District ".} [Officer Commanding-in-Chief, the Command,] to be the Assistant Health Officer for a cantonment; (ii) " Board " means a Cantonment Board constituted under this Act; {Ins.by Act 2 of 1954, s.2.} [(iia) "boundary wall" means a wall which abuts on a street and which does not exceed eight feet in height ;] (iii) " brigade area" means one of the brigade areas, whether occupied by a brigade or not, into which India is for military purposes for the time being divided, and includes for all or any of the purposes of this Act any area which the Central Government may, by notification in the Official Gazette, declare to be a brigade area for such purpose or purposes; {Subs.by Act 24 of 1936, s.2, for the original clause.} [(iv) " building " means a house, outhouse, stable, latrine, shed, hut or other roofed structure whether of masonry, bricks, wood, mud, metal or other material, and any part thereof, and includes a well and a wall {Subs.by Act 2 of 1954, s.2, for " (other than a boundary wall not exceeding eight feet in height and not abutting on a street)".} [(other than a boundary wall)] but does not include a tent or other portable and temporary shelter ;] {Cl.(v) was rep.by Act 24 of 1936, s.2.} (vi) " casual election " means an election held to fill a casual vacancy; (vii) " casual vacancy " means a vacancy occurring otherwise than by efflux of time in the office of an elected member of a Board; (viii) " Command " means one of the Commands into which India is for military purposes for the time being divided, and includes any area which the Central Government may, by notification in the Official Gazette, declare to be a Command for all or any of the purposes of this Act; {Cl.(ix) was rep.By Act 12 of 1935, s.2 and Sch.I.} (x) "dairy " includes any farm, cattle-shed, milk-store, milk shop or other place from which milk is supplied or in which milk is kept for purposes of sale or is manufactured for sale into butter, ghee, cheese or curds, and, in relation to a dairyman who does not occupy any premises for the sale of milk, includes any place in which he keeps the vessels used by him for the storage or sale of milk; (xi) " dairyman " includes the keeper of a cow, buffalo, goat, ass or other animal, the milk of which is offered or is intended to be offered for sale for human consumption, and any purveyor of milk and any occupier of a dairy; {(Ins.by Act 24 of 1936, s.2.} [(xia) ' entitled consumer " means a person in a cantonment who is paid from the Defense Services Estimates and is authorized by general or special order of the Central Government to receive a supply of water for domestic purposes from the Military Engineer Services or the Public Works Department on such terms and conditions as may be specified in the order ] (xii) " Executive Engineer " means the Public Works officer of that grade, or the {Subs.by Act 7 of 1925, s.2, for " Military Works Officer ".} [Officer of the Military Engineer Services] of the corresponding grade, having charge of the military works in a cantonment {Ins.by Act 24 of 1936, s.2.} [or where more than one such officer has charge of the military works in a cantonment such one of those officers as the Officer Commanding the station may designate in this behalf], and includes the officer of whatever grade in immediate executive engineering charge of a cantonment; (xiii) " Executive Officer " means the person appointed under this Act to be the Executive Officer of a cantonment; (xiv) " Health Officer " means the senior executive medical officer in military employ on duty in a cantonment; {Cl.(xv) was rep.by Act 24 of 1936, s.2} (xvi) " hut " means any building, no material portion of which above the plinth level is constructed of masonry or of squared timber framing or of iron framing; (xvii) " infectious or contagious disease " means cholera, leprosy, enteric fever, small-pox, tuberculosis, diphtheria, plague, influenza, venereal disease, and any other epidemic, endemic or infectious disease which the {Subs.by the A.O.1937, for " L.G."} [Central Government] may, by notification in the Official Gazette, declare to be, an infectious or contagious disease for the purposes of this Act; (xviii) " inhabitant ", in relation to a cantonment, or local area, means any person ordinarily residing or carrying on business or owning or occupying immovable property therein, and in case of a dispute means any person declared by the District Magistrate to be an inhabitant; (xix) " intoxicating drug " means opium; ganja, bhang, charas and any preparation or admixture thereof, and includes any other intoxicating substance, or liquid which the {Subs.by the A.O.1937, for " L.G."} [Central Government] {The words " with the previous sanction of the G.G.in C." were rep.by Act 7 of 1925, s.2} may by notification in the Official Gazette, declare to be an intoxicating drug for the purposes of this Act; (xx) " market " includes any place where persons assemble for the purpose of selling meat, fish, fruit, vegetable, livestock or any other article of food {Ins.by Act 24 of 1936, s.2.}[(xxa) "Military Estates Officer" means the officer appointed by the Central Government to perform the duties of the Military Estates Officer under rules made under clauses (a) and (b) of sub-section (2) of section 280 ;] (xxi) " Military officer " means- (a) a person who, being an officer within the meaning of {The words " the Army Act or " were omitted by the A.O.1950.} the {See now the Army Act, 1950 (46 of 1950}.Indian Army Act, 1911, {The words " or the Air Force Act, " were omitted by the A.O.1950.} {Ins.by Act 24 of 1936, s.2.} [or 8 the Indian Air Force Act, 1932, {See now the Air Force Act, 1950 (45 of 1950).}] is commissioned and in pay as an officer doing military or air force duty with {The words " His Majesty's " were omitted by the A.O.1950.} military or air forces, or is an officer doing such duty in any arm, branch or part of those forces; or (b) a person doing military or air force duty as a warrant officer with either or those forces or with any arm, branch, or part thereof, whether he is or is not an officer within the meaning of {The words " the Army Act or " were omitted by the A.O.1950.} the {See now the Army Act, 1950 (46 of 1950} Indian Army Act, l911, {The words " or the Air Force Act, " were omitted by the A.O.1950.} {Ins.by Act 24 of 1936, s.2.} [or the Indian Air Force Act, 1932 {See now the Air Force Act, 1950 (45 of 1950).} ;] (xxii) " nuisance " includes any act, omission, place or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell or hearing, or which is or may be dangerous to life or injurious to health or property; (xxiii) " occupier " includes an owner in occupation of, or otherwise using his own land or building; (xxiv) " Officer Commanding the District " means the Officer Commanding any one of the districts into which India is for military purposes for the time being divided, or any brigade area which does not form part of any such district, or any area which the Central Government may, by notification in the Official Gazette, declare to be such a district for all or any of the purposes of this Act; {Ins.by Act 12 of 1935, s.2 and Sch.I.}(xxiva) " Officer Commanding the station " means the military officer for the time being in command of the forces in a cantonment, or, if that officer is the Officer Commanding the District or Officer Commanding-in-Chief, the Command, the military officer who would be in command of those forces in the absence of the Officer Commanding the District and Officer Commanding-in-Chief, the Command ;] (xxv) " ordinary election " means an election held to fill a vacancy in the office of: an elected member of a Board arising by efflux of time; (xxvi) " owner" includes any person who is receiving or is entitled to receive the rent of any building or land whether on his own account or on behalf of himself and others or an agent or trustee, or who would so receive the rent or be entitled to receive it if the building or land were let to a tenant; (xxvii) " party wall " means a wall forming part of a building and used or constructed to be used for the support or separation of adjoining buildings belonging to different owners, or constructed or adapted to be occupied by different persons; (xxviii) "private market " means a market which is not maintained by a {Subs.by Act 24 of 1936, s.69, for " Cantonment Authority ".} [Board] and which is licensed by a {Subs.by Act 24 of 1936, s.69, for " Cantonment Authority ".} [Board] under the provisions of this Act; (xxix) " private slaughter-house " means a slaughter-house which is not maintained by a {Subs.by Act 24 of 1936, s.69, for " Cantonment Authority".} [Board] and which is licensed by a {Subs.by Act 24 of 1936, s.69, for " Cantonment Authority ".} [Board] under the provisions of this Act; (xxx) " public market" means a market maintained by a {Subs.by Act 24 of 1936, s.69, for " Cantonment Authority ".} [Board]; (xxxi) " public place " means any place which is open to the use and enjoyment of the public, whether it is actually used or enjoyed by the public or not; (xxxii) " public slaughter-house "means a slaughter-house maintained by a {Subs.by Act 24 of 1936, s.69, for " Cantonment Authority ".} [Board]; {Ins.by s.2, ibid} [(xxxiia) a person is deemed to reside in a cantonment if he maintains therein a house or a portion of a house which is at all times available for occupation by himself or his family even though he may himself reside elsewhere, provided that he has not abandoned all intention of again occupying such house either by himself or his family;] (xxxiii) " shed " means a slight or temporary structure for shade or shelter; (xxxiv) "slaughter-house" means any place ordinarily used for the slaughter of animals for the purpose of selling the flesh thereof for human consumption; (xxxv) " soldier " means a person who is a soldier or airman within the meaning of the Army Act or the Air Force Act, or is subject to the Indian Army Act, l911{See now the Army Act, 1950 (46 of 1950).} , and who is not a military officer; (xxxvi) "spirituous liquor" means any fermented liquor, any wine, or any alcoholic liquid obtained by distillation or the sap of any kind of palm tree, and includes any other liquid containing alcohol which the {Subs.by the A.O.1937, for " L.G." } [Central Government] {The words " with the previous sanction of the G.G.in C." were rep.by Act 7 of 1925, s.2.} may by notification in the Official Gazette, declare to be a spirituous liquor for the purposes of this Act; (xxxvii) " street " includes any way, road, lane, square, court, alley {Subs.by Act 24 of 1936, s.2, for " passage or open space ".} [or passage] in a cantonment, whether a thoroughfare or not and whether built upon or not, over which the public have a right-of-way and also the road-way or footway over any bridge or causeway; (xxxviii) " vehicle " means a wheeled conveyance of any description which is capable of being used on a street, and includes a motor-car, motor lorry, motor omnibus, cart, locomotive, tram-car, hand-cart, truck, motor-cycle, bicycle, tricycle and rickshaw; {The word " and " was rep.by s.2, ibid.} (xxxix) " water-works " includes all lakes, tanks, streams, cisterns, springs, pumps, wells, reservoirs, aqueducts, water-trucks, sluices, mains, pipes, culverts, hydrants, stand-pipes, and conduits, and all machinery, lands, buildings, bridges and things, used for, or intended for the purpose of, supplying water to a cantonment,{Ins.by s.2, ibid.} [and(xi) "year " means the year commencing on the first day of April.] 2A.[Rule of construction.] Rep.by the Cantonments (Amendment) Act, 1954 (2 of 1954).s.3.

(1) The {Subs.by the A.O.1937, for " L.G."} [Central Government] {The words " with the previous sanction of the G.G.in C." were rep.by the A.O.1937.} may, by notification in the Official Gazette, declare any place or places in which any part of {Subs.by the A.O.1950, for " His Majesty's regular forces or regular air force"} [the Indian Army or the Indian Air Force] is quartered or which, being in the vicinity of any such place or places, is or are required for the service of such forces to be a cantonment for the purposes of this Act and of all other enactments for the time being in force, and {The words " with the like sanction " were rep.by the A.O.1937.} may, by a like notification, declare that any. cantonment shall cease to be a cantonment. (2) The (Subs.by the A.O.1937, for " L.G.") [Central Government] {The words " with the like sanction " were rep.by the A.O.1937.} may, by a like notification, define the limits of any cantonment for the aforesaid purposes. {(Ins.by Act 24 of 1936, s.3.} [(3) When any place is declared a cantonment for the first time, the Central Government may, until a Board is constituted in accordance with the provisions of this Act, by order make any provision which appears necessary to it either for the administration of the cantonment or for the constitution of the Board.] {(Ins.by Act 8 of 1944, s.2.}[(4) The Central Government may, by notification in the Official Gazette, direct that in any place declared a cantonment under subsection (1) the provisions of any enactment relating to local self-government other than this Act shall have effect only to such extent or subject to such modifications, or that any authority constituted under any such enactment shall exercise authority only to such extent, as may be specified in the notification.]

(1) The {Subs.by the A.O.1937, for " L.G."} [Central Government] {The words " with the previous sanction of the G.G.in C." were rep.by the A.O.1937.} may {Ins.by Act 2 of 1954, s.4.} [after consulting the State Government and the Board concerned], by notification in the Official Gazette, declare its intention to include within {Subs., ibid., for " a cantonment ".} [the cantonment] any local area situated in the {Subs., ibid., for " a cantonment ".} vicinity thereof or to exclude from {Subs., ibid., for " a cantonment ".} [the cantonment] any local area comprised therein. (2) Any inhabitant of a cantonment or local area in respect of which a notification has been published under sub-section (1) may within six weeks from the date of the notification, submit in writing to the {Subs.by the A.O.1937, for " L.G."} [Central Government] through the Official Commanding-in-Chief, the Command, an objection to the notification, and the {Subs.by the A.O.1937, for " L.G."} [Central Government] shall take such objection into consideration. (3) On the expiry of six weeks from the date of the notification, the {Subs.by the A.O.1937, for " L.G."} [Central Government] may after considering the objections, if any, which have been submitted under sub-section (2), by notification in the Official Gazette, include the local area in respect of which the notification was published under sub-section (1), or any part thereof, in the cantonment or, as the case may be, exclude such area or any part thereof from the cantonment.

When, by a notification under section 4, any local area is included in a cantonment such area shall thereupon become subject to this Act and to all other enactments for the time being in force throughout the cantonment and to all notifications, rules, regulations, bye-laws, orders and directions issued or made thereunder.

to be a cantonment:- (1) When, by a notification under section 3, any cantonment at ceases to be a cantonment and the local area comprised therein is s immediately placed under the control of a local authority, the balance of the cantonment fund and other property vesting in the {Subs.by Act 24 of 1936, s.69, for " Cantonment Authority ".} [Board] shall vest in such local authority, and the liabilities of the {Subs.by Act 24 of 1936, s.69, for " Cantonment Authority ".} [Board] shall be transferred to such local authority. (2) When, in like manner, any cantonment ceases to be a cantonment and the local area comprised therein is not immediately placed under the control of a local authority, the balance of the cantonment fund and other property vesting in the {Subs.by Act 24 of 1936, s.69, for " Cantonment Authority ".} [Board] shall vest in Government, and the liabilities of the {Subs.by Act 24 of 1936, s.69, for " Cantonment Authority ".} [Board] shall be transferred to the {Subs.by the A.O.1937, for " Secretary of State in Council ".} [Central Government].

to be included in a cantonment :- (1) When, by a notification under section 4, any local area forming part of a cantonment ceases to be under the control of particular {Subs.by Act 24 of 1936, s.69, for " Cantonment Authority ".} [Board] and is immediately placed under the control of some other local authority, such portion of the cantonment fund and other property vesting in the {Subs.by Act 24 of 1936, s.69, for " Cantonment Authority ".} [Board] and such portion of the liabilities of the {Subs.by Act 24 of 1936, s.69, for " Cantonment Authority ".} [Board], as the Central Government may, by general or special order, direct, shall be transferred to that other local authority. (2) When, in like manner, any local area forming part of a cantonment ceases to be under the control of a particular {Subs.by Act 24 of 1936, s.69, for "Cantonment Authority".} [Board] an is not immediately placed under the control of some other local authority, such portion of the cantonment fund and other property vesting in the {Subs.by Act 24 of 1936, s.69 for " Cantonment Authority".} [Board] shall vest in Government, and such portion of the liabilities of the {Subs.by Act 24 of 1936, s.69 for " Cantonment Authority ".} [Board] shall be transferred to the {Subs.by the A.O.1937, for " Secretary of State in Council"} [Central Government], as the Central Government may, by general or specific order, direct.

transferred under sections 6 and 7 :- Any cantonment fund or portion of a cantonment fund or other property of a {Subs.by Act 24 of 1936, s.69 for " Cantonment Authority ".} [Board] vesting in Government under the provision of section 6 or section 7 shall be applied in the first place to satisfy any liabilities of the {Subs.by Act 24 of 1936, s.69 for " Cantonment Authority"}) [Board] transferred under such provisions to the {Subs.by the A.O.1937, for " Secretary of State in Council"} [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 {Subs.by the A.O.1937, for " L.G."} [Central Government may, {The words " with the previous sanction of the G.G.in C." were rep.By the A.O.1937} by notification in the Official Gazette, exclude from the operation of any part of this Act the whole or any part of a cantonment, or direct that any provision of this Act shall, in the case of any cantonment {Subs.by Act 24 of 1936, s.4, for "specified in the notification in which there is no Board".} [(a) situated within the limits of a Presidency-town; or (b) in which the Board is superseded under section 54.]apply with such modifications as may be so specified.

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 movable and immovable and to contract and shall, by the said name, sue and be sued.]

(1) The Executive Officer of every cantonment shall be appointed by the Central Government, or by such Person as the Central Government may authorize in this behalf, from the {Subs by Act 50 of 1948, s.2.} [ Military Lands and Cantonments Service] constituted by rules made under section 280: [Provided that where a member of the Military Lands and Cantonments Service is not readily available for such appointment, a Military Officer may be appointed as the Executive Officer for a period not exceeding three months: Provided further that] an Executive Officer appointed before the commencement {The Cantonments (Amendments) Act, 1936 (24 of 1936), came into force on the 31st October, 1936.} of the Cantonments (Amendment) Act, 1936, shall, unless the Central Government otherwise directs in any case, be deemed to have been duly appointed in accordance with this sub-section.(24 of 1936.) (2) Not less than half the cost of the salary of the Executive Officer shall be paid {Subs.by the A.O.1937, for " by Government ".} [by the Central Government] and the balance from the cantonment fund: Provided that the salary of an Executive Officer appointed before the commencement of the Cantonments (Amendment) Act, 1936, 2 shall, until the Central Government otherwise directs, continue to be paid from the source from which it was being paid at the commencement of the said Act.(24 of 1936.) (3) The Executive Officer shall be the Secretary of the Board and of every committee of the Board, but shall not be a member of the Board or of any such committee.]

(1) Cantonments shall be divided into three classes, namely:- (i) Class I Cantonments, in which the civil population exceeds ten thousand; (ii) Class II Cantonments, in which the civil population exceeds two thousand five hundred, but does not exceed ten thousand; and (iii) Class III Cantonments, in which the civil population does not exceed two thousand five hundred: {The proviso was rep.by the A.O.1948.} (2) For the purposes of sub-section (1), the civil 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 Class I Cantonments, the Board shall consist of the following members, namely:- (a) the Officer Commanding the station 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 Officer Commanding-in-Chief, the Command; (b) a Magistrate of the first class nominated by the District Magistrate; (c) the Health Officer; (d) the Executive Engineer; (e) four military officers nominated by name by the Officer Commanding the station by order in writing; (f) seven members elected under this Act. (4) In Class II Cantonments, the Board shall consist of the following members, namely:- (a) the Officer Commanding the station, 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 Officer Commanding-in-Chief, the Command (b) a Magistrate of the first class nominated by the District Magistrate; (c) the Health Officer; (d) the Executive Engineer; (e) (i) in cantonments of which the civil population exceeds seven thousand five hundred, three military officers, (ii) in cantonments of which the civil population exceeds five thousand, but does not exceed seven thousand five hundred, two military officers, {Subs.by the A.O.1950, for the former clause.}[(iii) in cantonments of which the civil population does not exceed five thousand, one military officer,]nominated by name by the Officer Commanding the station by order in writing; (f) such number of members elected under this Act as is equal to the number of members constituted or nominated by or under clauses (b) to (e). (5) In Class III Cantonments, the Board shall consist of the following members, namely:- (a) the Officer Commanding the station, 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 Officer Commanding-in-Chief, the Command; (b) one military officer nominated by name by the Officer Commanding the station by order in writing; (c) one member elected under this Act. (6) The Officer Commanding the station may, if he thinks fit, with the sanction of the Officer Commanding-in-Chief, the Command, nominate in place of any military officer whom he is empowered to nominate under clause (e) of sub-section (3), clause (e) of sub-section (4) or clause (b) 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. (7) Every election or nomination of a member of a Board and every vacancy in the membership thereof shall be notified by the {Subs.by the A.O.1937, for " L.G."} [Central Government] in the Official Gazette.] {Subs.by Act 24 of 1936, s.5, for the former section.}[

special circumstances: (1) Notwithstanding anything contained in section 13, if the Central Government is satisfied - (a) that, by reason of military operations it is necessary, or (b) {The words " after consultation with the L.G." were rep.by the A.O 1937.} 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) one military officer nominated by name by the Officer Commanding the station by order in writing; (c) one member, not being a person in the service of the Government, nominated by the Officer Commanding the station. (3) Every nomination of a member of a Board constituted under this section, and every vacancy in the membership thereof, shall be notified by the {Subs.by the A.O.1937, for " L.G.".} [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 an 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), would have continued to hold office, or, if the term of office of such former Board has expired, by a Board constituted under section 13.]

(1) Save as otherwise provided in this section, the term of office of a member of a Board shall be three years and shall commence from the date of the notification of his election or nomination under {Subs.by Act 24 of 1936, s.6, for "sub-section (2) of section 14".} [sub-section (7) of section 13], or from the date on which the vacancy has occurred in which he is elected or nominated, whichever date is later: {Ins.By s.6, ibid.} [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.] {The proviso which had been inserted by Act 8 of 1944, s.3, was rep.By Act 2 of 1948, s.2 and Sch.} (2) The term of office of an ex-officio member of a Board shall continue so long as he holds the office in virtue of which he is such member. (3) The term of office of a member elected to fill a casual vacancy shall commence from the date of 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 {Subs.by Act 24 of 1936, s.69, for " Cantonment Authority ".} [Central Government otherwise directs, continue in office until the election or nomination o his successor is notified under {Subs.by Act 24 of 1936, s.6, for "sub-section (2) of section 14".}[sub-section (7) of section 13]. (5) Any outgoing member may, if qualified, be re-elected or renominated.

(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 {Subs.by the A.O.1937, for " L.G." } [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 {Subs.by the A.O.1937, for " L.G." } [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 three 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.

(1) If from any cause at an ordinary election no member is elected, or if the elected member is unwilling to serve on the Board, the outgoing member shall, if qualified and willing to serve, be deemed to have been re-elected: {Ins.by Act 15 of 1942, s.2.} [Provided that where there are more outgoing members qualified and willing to serve than there are vacancies to be filled under this sub-section, the outgoing members so deemed to have been re-elected shall, failing agreement amongst such members, be determined by lot under the supervision of the President of the Board and in such manner as he may decide.] {Subs., ibid., for the former sub-section (2).}[(2) Vacancies arising in any of the following cases shall be filled by nomination by the Central Government after consultation with the Officer Commanding-in-Chief, the Command, namely :- (a) where at a casual election no member is elected; (b) where at an ordinary election no member or an insufficient number of members is elected, or an elected member is unwilling to serve on the Board and the outgoing member is not qualified or is not willing to serve or is dead or cannot be found within a reasonable time; (c) 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.] {Sub-section (3) has inserted and the original sub-section (3) re-numbered (4) by s.2, Act 15 of 1942} [(3) For the purposes of sub-section (2) of section 16, a member nominated in pursuance of sub-section (2) of this section shall, where there has been a division of the cantonment into wards or of the inhabitants thereof into classes, be deemed to have been elected by such ward or class, as the case may be, as the Central Government may at the time of making the nomination or at any time thereafter declare.] {Sub-section (3) has inserted and the original sub-section (3) re-numbered (4) by s.2, Act 15 of 1942.} [(4)] The term of office of a member nominated or deemed to have been re-elected under this section shall expire at the time at which it would have expired if he had been elected at the ordinary or casual election, as the case may be.

(1) Every person who is by virtue of his office, or who nominated or elected to be, a member of a Board shall, before taking his seat, make at a meeting of the Board an oath or affirmation of his allegiance to the {Subs.by the A.O.1948, for "Crown".} [Constitution of India ] in the following form namely :- "I, A.B., having become/been elected/been nominated a member of this Board, do solemnly swear (or affirm) that I will be faithful an bear true allegiance to {Subs.by the A.O.1948, for "His Majesty the King Emperor of India , his heirs and successors".} [the Constitution of India a by law established], and that I will faithfully discharge the duty upon which I am about to enter ". (2) If any such person fails to make the oath or affirmation within such time as the {Subs.by the A.O.1937 for " L.G."} [Central Government] considers reasonable, the {Subs.by the A.O.1937 for " L.G.") [Central Government] shall, by notification in the Official Gazette declare his seat to be vacant

(1) Any nominated or elected member of a Board who wishes to resign his office may forward his resignation in writing through the President of the Board to the Officer Commanding-in-Chief, the Command who shall forward it for orders to the {Subs.by the A.O.1937 for " L.G."} [Central Government]. (2) If the {Subs.by the A.O.1937 for " L.G."} [Central Government] accepts the resignation, such acceptance shall be communicated to the Board, and thereupon the seat of the member resigning shall become vacant.

(1) The {Subs.by Act 7 of 1925 s.14, for Commanding Officer of the Cantonment"} [Officer Commanding the station] (Ins.by Act 24 of 1936, s.7.) [if a member of the Board] shall be the President of the Board: {Ins.by Act 26 of 1927, s.3.} [Provided that when a military officer holding the office of President ceases to be the Officer Commanding the station merely by reason of a temporary absence from the station on duty or on station leave, or during the transfer of his headquarters to a hill station, he shall not vacate the office of President.] {Subs.by Act 24 of 1936, s.7, for the original sub-section.} [(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) or sub-section (5) of section 13 shall be President of the Board. (3) In every Board in which there is more than one elected member, there shall be a Vice-President elected by the elected members only and from among their number {Ins.by Act 15 of 1942, s.3.} [in accordance with such procedure as the Central Government may by rule prescribe.] ]

{Subs.by s.8, ibid., for the original sub-section.} [(1) The term of office of a Vice-President shall be three years or the residue of his 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.

(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 exercise supervision and control over 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 fulfillment of the purposes of this Act. (2) The President may, by order in writing, empower the Vice-President to exercise all or any of the powers and duties referred to m clause (c) 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 {Subs.by Act 35 of 1926, s.2, for " Officer Commanding the District".} [Officer Commanding-in-Chief, the Command].

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 22; (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 subsection (2) of section 22.

The Executive Officer shall perform all the duties imposed upon him by or under this Act, and shall be responsible for the; custody of all the records of the {Subs.by Act 24 of 1936, s.69, for " Cantonment Authority ".} [Board], and shall 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 shall comply with every requisition of the {Subs.by Act 24 of 1936, s.69, for " Cantonment Authority".} [Board], on any matter pertaining to the administration of the cantonment.

The Executive Officer may, in cases of emergency, direct the execution of any work or the doing of any Act which would ordinarily require the sanction of the {Subs.by Act 24 of 1936, s.69, for " Cantonment Authority".} [Board] and the immediate execution or doing of which is, in his opinion, necessary for the service or safety of the public, and may direct that the expense of executing such work or doing such act shall be paid from the cantonment fund :- Provided that- (a) {The words "where there is a Board " was rep.by s.9, ibid.} 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 {Subs.by Act 24 of 1936, s.69, for " Cantonment Authority".} [Board] prohibiting the execution of any particular work or the doing of any particular act; and (c) he shall report forthwith the action taken under this section and the reasons therefor to the {Subs.by Act 24 of 1936, s.69, for " Cantonment Authority "} [Board].

(1) {The words " Where a Board is to be constituted in any cantonment otherwise than in accordance with the proviso to sub-section (1) of section 14 rep.by s.10, ibid} {Subs.by s.10, ibid., for " the Cantonment Authority".} [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. Such roll shall be prepared, revised and finally published in such manner and on such date in each year as the {Subs.by the A.O.1937, for " L.G.".} [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 words " or the inhabitants into classes " omitted by Act 2 of 1954, s.6.} the electoral roll shall be divided into separate lists for each ward {The words " or class, as the case may be " omitted, ibid.} (4) If a new electoral roll is not published in any year on the date prescribed, the {Subs.by the A.O.1937, for " L.G.".} [Central Government] may direct that the old electoral roll shall continue in operation until the new roll is published.