Cantonments Act,1924
Act No : 2
Section : PRELIMINARY
CANTONMENTS ACT, 1924
2 of 1924
16th February.1924
STATEMENT OF OBJECTS AND REASONS "A committee which was appointed by the Government of India in January 1921 to consider what changes were necessary in order to introduce into the administration of cantonments the spirit of the reformed scheme of Government, recommended a complete revision and an algamation of the Cantonments Act(Act 15 of 1910) and the Cantonment Code, 1912, in order to bring into conformity with ordinary municipal law the system under which military cantonments are administered. 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 .agency as at present. 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.
(b) The reformed cantonment authorities will have a separate legal person, will be capable of suing and being sued in their own name and of making contracts. They will also be empowered to make bye-laws to govern local matters of administration which require different treatment in different contonments.
(e) The cantonment fund under the reformed system will be a local fund vested in the cantonment authority.
(d) In the reformed cantonments where a Board is constituted a proportion of the cantonment Board will be elected representatives of the civil inhabitants of the cantonment. An official majority will, however, be maintained.
(e) The cantonment Magistrate as such such. will be eliminated. 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.
(f) The Local Government will exercise certain larger powers of superintendence and control over cantonment affairs than they do at present.
(g) The military authorities will retain certain special powers in matters affecting the health, welfare and discipline of troops.'' - Gazette of India, l923. Part V. p, 220. SELECT COMMITTEE REPORT
3. 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." * * * * * - Gazette of India, 1923, Part V, p. 270. Act 53 of 1950.- Although, armed force of the Union are stationed in cantonments within Part B States, the Cantonments Act, 1924 amdthe Camtonments (House Accommodation) Act, 1923do not apply to those States, and this has given rise to serious administrative difficulties. It is, therefore, necessary to extend both the Acts to Part B States. 2. Elections to Cantonment Boards in Part A States and Part C States were last held between July and September, 1946 and were due to be held during the same period in 1949 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. changes in the latter rolls were expected in view of the introduction of adult franchise, it was decided to hold in abeyance the electors in cantonments for a period of one year. 3. 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. 1950. 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. 1924, it has, therefore, become necessary to promoto egislation for-
(i) the preparation of elctoral rolls for a!l Cantonment Boards on the basis of adult franchise, independently of those for the State Legislatures anil Parliament; and
(ii) the extension of the life of the existing Boards for a further short period until the next ordinary elections can be held on the basis of the new rolls.
4 Since the necessary legislation could not be introduced in the last session of Parliament, and in view of its argency an Ordinance namely, the Cantonment Laws (Extension and Amendment) Ordinance, 1950 was promulgated on the 19th June, 1950. 5. 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, 1950, or until the election of their successors is notified under sub-section (7) ofsection 13of the Cantonments Act, 1924, whichever is earlier. It is therefore essential to replace the-Ordinance by an Act in the next session of Parliament. -Gaz. of Ind..5-8-1950, Pt. II, Act 15 of 1983.- The Cantonments Act, 1924 provides for the administration of cantonments. 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 1954. 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.
2. 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.
3. 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. when necessary;
(b) to extend the term of office of the members of the Board from three to five years;
(c) to reduce the term of office of the Vice-President from three years to two and a half years which amounts to one-half of the tenure of a member in order to facilitate more than one elected member to hold the office of Vice-President and to provide for his removal through a no-confidence motion:
(d) to empower the Executive Officer to discharge certain routine day-to-day functions of the administration of Cantonment Board;
(e) to provide that the Cantonment Board acts as an appellate authority against the orders of the Executive Officer;
(f) to confer on the civil area committee some of the powers of the Cantonment Board in so far as the administration of civil areas is concerned:
(g) to enlarge or modify the list of obligatory duties and discretionary functions of the Cantonment Board;
(h) to remove lacunae in the Act in regard to recovery of property tax in respect of private buildings occupied by the Government and recovery of rent on account of leases:
(i) to enhance the amount of fines, fees and financial powers as provided in the Act, keeping in view the present-day rise in prices;
(j) to add to the list of orders issued under the Act against which an appeal would lie to the prescribed appellate authority and also provide that the stay of any orders appealed against would not be automatic but would lie at the discretion of the appellate authority:
(k) to remove certain difficulties experienced in the administration of the Act;
(1) to amend obsolete provisions, bring the Act up-to-date and rearrange some of the sections consistent with the subject-matter of the sections;
(m) to introduce order and clarity;
(n) to make consequential amendments in the Act for giving effect to the above proposals.
4. The notes on clauses explain in detail the various provisions contained in the Bill. - Gaz.of Ind.. 9-7-1982. Pt. II, S.2,Ext.,p.44(No.6).
An Act to consolidate and amend the law relating to the administration of cantonments. WHEREAS it is expedient to consolidate and amend the law relating to the administration of cantonments; It is hereby enacted as follows:-
CHAPTER 01: PRELIMINARY
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